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HomeMy WebLinkAbout20200105.tiffHEARING CERTIFICATION DOCKET NO. 2020-05 RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR19-0056, FOR AN OIL AND GAS SUPPORT AND SERVICE FACILITY (EXPLOSIVE STORAGE MAGAZINES) IN THE A (AGRICULTURAL) ZONE DISTRICT - TOMORA LLC, C/O HUNTING TITAN, INC. A public hearing was conducted on January 8, 2020, at 10:00 a.m., with the following present: Commissioner Mike Freeman, Chair Commissioner Steve Moreno, Chair Pro -Tern Commissioner Sean P. Conway - EXCUSED Commissioner Scott K. James Commissioner Barbara Kirkmeyer Also present: Acting Clerk to the Board, Jessica Reid Assistant County Attorney, Bob Choate Planning Services Department representative, Michael Hall Public Works Department representative, Mike McRoberts Health Department representative, Lauren Light The following business was transacted: I hereby certify that pursuant to a notice dated November 22, 2019, and duly published November 27, 2020, in the Greeley Tribune, a public hearing was conducted to consider the request of Tomora LLC, c/o Hunting Titan, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR19-0056, for an Oil and Gas Support and Service Facility (explosive storage magazines) in the A (Agricultural) Zone District. Bob Choate, Assistant County Attorney, made this a matter of record. 2 Chair Freeman reviewed for the applicant and the public, the procedures to follow should this case result in a tie vote due to four (4) Commissioners being present and Commissioner Conway excused. Michael Hall, Department of Planning Services, presented a brief summary of the proposal, and stated the USR will be located on a lot permitted by pending Subdivision Exemption, SUBX19-0016. He reviewed the maximum storage limits, the history of Hunting Titan, Inc., and the company's storage procedures for explosive magazines. He indicated no operations occur onsite and provided the location of the office/warehouse, which is approximately one (1) mile from the proposed site and within Greeley municipal limits. He stated the site will have no public access, will be unmanned, and will have employee an on -call at all times, in case of an emergency. He provided the hours of operation, noted no fencing is proposed, mentioned there was one (1) phone call received by staff regarding the application, and he stated 16 referrals were sent out and 11 agencies responded. He explained the site is within the three (3) mile referral areas of the Cities of Evans and Greeley, Towns of Windsor and Milliken, is within the Coordinated Planning Agreement (CPA) boundary of the City of Evans, and Towns of Windsor and Milliken, cc:R. PL (MU-/r'P), PM) Ong)1 t&(t L) oL/ILI/Z.OZO 2020-0105 PL2731 HEARING CERTIFICATION -TOMORA LLC, C/O HUNTING TITAN, INC. (USR19-0056) PAGE 2 and the Greeley Urban Growth boundary. He described surrounding uses and zoning, entered the favorable recommendation of the Planning Commission into the record as written, and displayed images of site and surrounding views. a Mike McRoberts, Department of Public Works, provided a brief overview of the transportation plans and requirements, stated access is on 24th Street, which is under the jurisdiction of the City of Greeley, explained the site meets an exception to stormwater detention and presented the grading requirements. In response to Commissioner Kirkmeyer, Mr. Hall clarified the location of County Roads (CR) 23 and 56, and confirmed the proposed site will not use these roads to access the site. Lauren Light, Department of Public Health and Environment, reviewed the water and sewer provisions, stated sanitary facilities will be provided by the existing office, but a portable toilet can be used at the proposed site, if necessary. She noted the Department of Public Health and Environment will require compliance with the State of Colorado explosive regulations, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulations, and mentioned Development Standards (DS) #13-20 address Environmental Health (EH) items. G Joe Murphy, applicant, stated the staff summaries were very thorough and he had no additions. .B Steve Teets, Greeley resident, questioned the process for security at the proposed site. • Mr. Murphy stated there is no specific security mandated by the ATF or the State of Colorado, and explained the security associated with the explosive storage magazines, as well as the security measures in place for transportation. In response to Commissioner James, Mr. Murphy explained the ATF mandates the setbacks by the weight of storage, indicated there is more than enough room on this parcel for the weight they are storing, and noted it is up to Hunting Titan, Inc., to meet distance requirements if the land around their parcel is developed. In response to Commissioner Moreno, Mr. Murphy confirmed there is no fence proposed and in response to Commissioner Kirkmeyer, he described the dimensions and appearance of the proposed storage (Exhibit D). He explained the ATF is a regulatory agency and the Institute of Makers of Explosives (IME) is an independent group that represents companies that work in explosives, and stated they are required to follow the AFT regulations; however, they choose to follow the Best Management Practices of the IME, because they are stricter. In response to Commissioner Kirkmeyer, Mr. Hall confirmed the applicant has to meet the 2017 Fire Code, and Mr. Murphy stated those requirements are in line with the ATF requirements and clarified the operations at the storage site, versus the facility. In response to Commissioner James, Mr. Murphy explained the "division" of explosives they will be storing and indicated they will remain contained even if detonated. In response to Commissioner Kirkmeyer, he confirmed there will not be any lighting at the site and they are required to meet the Colorado Department of Transportation (CDOT) regulations for transportation. Commissioner Kirkmeyer suggested deleting Condition of Approval (COA) #1.B (address the requirements of the City of Greeley) as they have been addressed through other COA and DS. She suggested adding language about the purpose of the Subdivision Exemption to COA #1.C.5 2020-0105 PL2731 HEARING CERTIFICATION -TOMORA LLC, C/O HUNTING TITAN, INC. (USR19-0056) PAGE 3 (Subdivision Exemption), deleting "signage" from COA #1.C.7 (emergency signage), as it was a duplicate, deleting COA #1.C.8 (security fence), as there will be no fence, and deleting COA #1.C.10 (trash collection area), as there will not be a trash collection area. Chair Freeman suggested deleting. COA #1.C.9 (employee parking), as the site will be unmanned, and Commissioner Kirkmeyer suggested deleting COA #1.C.15 (verify rights -of -way for CR 23 and 56), deleting "temporarily" from DS #3 (employees accessing the site), deleting DS #17 (portable toilets and bottled water), as employees will use the facilities at the office/warehouse, and deleting the last sentence of DS #18 (portable toilets). The Board agreed to all of the aforementioned changes. In response to Chair Freeman, Mr. Murphy indicated he had reviewed, and agreed to abide by, the Conditions of Approval and Development Standards, as amended. Edwin Wayne Grant, Greeley resident, questioned the types of explosive that will be stored, and in response, Mr. Murphy explained they are specifically for oil and gas operations. Commissioner Moreno moved to approve the request of Tomora LLC, c/o Hunting Titan, Inc., for a Site Specific Development Plan and Use by Special Review Permit, USR19-0056, for an Oil and Gas Support and Service Facility (explosive storage magazines) in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning Commission, with the Conditions of Approval and Development Standards, as amended. The motion was seconded by Commissioner James, and it carried unanimously. There being no further discussion, the hearing was completed at 11:03 a.m. This Certification was approved on the 13th day of January, 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: theAsti rK l_; ']. 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