HomeMy WebLinkAbout20200094.tiff RESOLUTION
RE: APPROVE 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, CIO HUNTING TITAN, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 8th day of
January, 2020, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Tomora LLC, 1130 50th Ave., Greeley, Colorado 80634, do Hunting Titan,
Inc.,16825 Northchase Dr., Suite 600, Houston, Texas 77060, 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, on the following
described real estate, being more particularly described as follows:
Subdivision Exemption, SUBX19-0016; being part of
the SE1/4 of Section 14, Township 5 North, Range
67 West of the 6th P.M., Weld County, Colorado
WHEREAS, at said hearing, the applicant was present, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission and all of the exhibits and evidence presented in this matter
and, having been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. It is the opinion of the Board of County Commissioners that the applicant has
shown compliance with Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.B.1 — The proposed use is consistent with Chapter 22
and any other applicable code provisions or ordinance in effect.
1) Section 22-5-100.A.2 (OG.Policy 1.2) states: "Oil and gas support
facilities which do not rely on geology for locations should locate in
commercial and industrial areas, when possible, and should be
subject to review in accordance with the appropriate sections of this
Code." The proposed oil and gas support facility is an explosive
storage facility, which must be located away from existing buildings
and roadways. Given this requirement, the applicant is attempting
to locate the facility as close as possible to the existing Hunting
Pt-c m H I TP), Pt,- c m m), LL), 2020-0094
Co.cgc),a PL-, c .PPL REP PL2731
o3/ostao
SPECIAL REVIEW PERMIT (USR19-0056) - TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 2
Titan warehouse facility, which is located to the northwest. The
warehouse is located in a commercial and industrial business park
and is the closest developed land use in the area.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, of the Weld County Code states:
"Agriculture in the County is considered a valuable resource which
must be protected from adverse impacts resulting from uncontrolled
and undirected business, industrial and residential land uses. The
A (Agricultural)Zone District is established to maintain and promote
agriculture as an essential feature of the County. The
A (Agricultural) Zone District is intended to provide areas for the
conduct of agricultural activities and activities related to agriculture
and agricultural production, and for areas for natural resource
extraction and energy development, without the interference of
other, incompatible land uses." This Code section allows the
applicant to apply for a Use by Special Review permit for the subject
explosive magazine facility, which is related to energy development
and is more intense than Uses Allowed by Right.
2) Section 23-3-40.W — Uses by special review, of the Weld County
Code states: "Oil and gas support and service."This Code section
allows the applicant to apply for the explosive storage magazine
facility. The explosives and associated articles are used in the
down-hole hydraulic fracturing process, which is part of oil and gas
extraction.
C. Section 23-2-230.B.3—The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent lands consist of the
High Pointe Business Park, which contains industrial and commercial uses,
farmland, vacant land, and ongoing oil and gas activity. The USR will be
located on a Subdivision Exemption lot and is surrounded by the remaining
southeast quarter section. The property owner, Tomora LLC, also owns the
adjacent northeast quarter section. The parent parcel is located within an
unincorporated Weld County enclave, surrounded by lands annexed into
the City of Greeley, and is made up of three(3) contiguous quarter sections.
The proposed explosive magazines will be located in a field and is over
one-half (1/2) mile from a public roadway. The small facility will have
minimal impact and the will be compatible with the area. No surrounding
properties will be impacted by this use and it will not cause any nuisances.
The Weld County Department of Planning Services sent notice to seven
(7) surrounding property owners within 500 feet of the proposed USR
boundary. No written responses were received. One (1) phone call was
received with general questions.
2020-0094
PL2731
SPECIAL REVIEW PERMIT (USR19-0056) - TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 3
D. Section 23-2-230.B.4 — The uses which would be permitted will be
compatible with future development of the surrounding area, as permitted
by the existing zoning, and with the future development as projected by
Chapter 22 of this Code or master plans of affected municipalities. This site
is located within the three (3) mile referral radius of the City of Evans, City
of Greeley, Town of Milliken, and Town of Windsor. Greeley returned a
referral dated November 21, 2019, which included advisory comments and
site design guidelines. Windsor and Evans returned referrals dated
October 28, and November 5, 2019, respectively, and stated no concerns.
No referral response was received from Milliken. The site is located within
the Coordinated Planning Agreement (CPA) boundaries of Evans, Milliken
and Windsor. Evans and Milliken returned signed Notice of Inquiry (NOI)
forms dated February 21, and February 20, 2019, respectively. Windsor
returned a response to the NOI via email dated February 4, 2019. All
three (3) municipalities stated no concerns and/or no annexation interest.
A portion of the parent parcel is located within the Greeley Urban Growth
Boundary (UGB). The applicant notified Greeley of the proposal during the
pre-application. Greeley provided comments dated February 21, 2019,
regarding site security, screening, ecology and the floodplain. The site is
not located within Regional Urbanization Area (RUA).
E. Section 23-2-230.B.5 — The application complies with Articles V and XI of
Chapter 23, if the proposal is located within an overlay zoning district or a
special flood hazard area identified by maps officially adopted by the
county. A portion of the parent parcel is located within a FEMA Special
Flood Hazard Area. The Subdivision Exemption lot and USR site are not
located in the Floodplain. The Department of Planning Services provided a
Floodplain referral dated September 7, 2019,which detailed map items and
Development Standards, which have been incorporated into the
Resolution. The property is not located within the A-P (Airport) Overlay
District, Geologic Hazard Overlay District, or MS4 area. Building Permits
issued on the lot will be required to adhere to the fee structure of the
County-Wide Road Impact Fee, County Facility Fee, and Drainage Impact
Fee Programs.
F. Section 23-2-230.B.6 —The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The site is designated as "Other Land," per the 1979 Soil Conservation
Service Important Farmlands of Weld County Map. The proposed USR will
not remove any agricultural land from production. The subject USR will be
located on a one (1) acre Subdivision Exemption lot that is not suitable for
agricultural production given the small lot size. Upon the time the explosive
magazines are removed from the site, the area may be farmed again, as
part of the larger parent parcel, which contains a mix of"Irrigated Land (Not
Prime)", "High Potential Dry Cropland - Prime if they Become Irrigated",
"Prime if they Become Irrigated" and "Other Land" designations, per the
same 1979 Map.
2020-0094
PL2731
SPECIAL REVIEW PERMIT (USR19-0056) - TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 4
G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County. The Weld
County Environmental Health and Weld County Public Works referrals,
dated September 12, and September 15, 2019, provide additional
background and advisory information regarding designing and operating
the site in conformance with the interests of the County, public and other
governmental agencies.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application 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, on the
parcel of land described above be, and hereby is, granted subject to the following conditions:
1. Prior to recording the map:
A. SUBX19-0016 shall be recorded prior to USR19-0056.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR19-0056.
2) The attached Development Standards.
3) The map shall be prepared per Section 23-2-260.D of the Weld
County Code.
4) The applicant shall show and label the location of proposed
explosive magazines and any other proposed improvements,
including the extent of the gravel area.
5) The applicant shall show and label the location of Subdivision
Exemption, SUBX19-0016, boundary for reference. This
Subdivision Exemption is for a temporary leasehold lot for an oil and
gas support and service facility and shall revert back to the original
parcel when the use ceases to exist. No new lots are created by
this plat.
6) The applicant shall show and label the location of the 30-foot-wide
joint access and utility easement extending across the parent parcel
from 24th Street, for the benefit of the Subdivision Exemption lot,
as dedicated on the SUBX19-0016 plat map.
7) The applicant shall show and label the location of the emergency
signage and include a drawing and dimensions of the sign on the
2020-0094
PL2731
SPECIAL REVIEW PERMIT (USR19-0056) - TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 5
USR map. Signs shall adhere to Chapter 23, Article IV, Division 2,
Section 23-2-240.A.12 and Appendices 23-C, 23-D and 23-E of the
Weld County Code.
8) The applicant shall show and label any lighting, if applicable. All
lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties.
9) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries and wellheads, if applicable. Setback
requirements are located in Section 23-3-50.E of the Weld County
Code.
10) The applicant shall show and label all recorded easements and
rights-of-way on the map by book and page number or reception
number.
11) The applicant shall show the floodplain and floodway (if applicable)
boundaries on the map. The applicant shall label the floodplain
boundaries with the FEMA Flood Zone and FEMA Map Panel
Number or appropriate study.
12) 24th Street is under the jurisdiction of the City of Greeley. The
applicant shall contact the municipality to verify the right-of-way.
The applicant shall show and label the right-of-way. The applicant
shall show the approved access(es) on the site plan and label with
the approved access permit number, if applicable.
13) The applicant shall show and label the drainage flow arrows.
14) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a Mylar map along with all other documentation required as Conditions
of Approval. The Mylar map shall be recorded in the office of the Weld County
Clerk and Recorder by the Department of Planning Services. The map shall be
prepared in accordance with the requirements of Section 23-2-260.D of the Weld
County Code. The Mylar map and additional requirements shall be submitted
within one hundred twenty (120) days from the date of the Board of County
Commissioners Resolution. The applicant shall be responsible for paying the
recording fee.
3. In accordance with Weld County Code Ordinance #2012-3, approved April 30,
2012, should the map not be recorded within the required one hundred twenty
(120) days from the date of the Board of County Commissioners Resolution, a
2020-0094
PL2731
SPECIAL REVIEW PERMIT (USR19-0056) - TOMORA LLC, C/O HUNTING TITAN, INC.
PAGE 6
$50.00 recording continuance charge shall be added for each additional three (3)
month period.
4. Prior to Construction:
A. Any construction in the floodplain requires a floodplain permit.
5. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Windsor-
Severance Fire District. The plan shall be reviewed on an annual basis by
the Facility operator, the Fire District and the Weld County Office of
Emergency Management. Submit evidence of acceptance to the Weld
County Department of Planning Services.
6. The Use by Special Review is not perfected until the Conditions of Approval are
completed and the map is recorded. Activity shall not occur, nor shall any building
or electrical permits be issued on the property, until the Use by Special Review
map is ready to be recorded in the office of the Weld County Clerk and Recorder
or the applicant has been approved for an early release agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 8th day of January, A.D., 2020.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: detAtA) jeleo.ei 711,-(1-3.
n'�✓
Mike Freeman, Chair
Weld County Clerk to the Board
/n / Steve Moreno, Pro-Tern
BY: /v
eputy Clerk to the Board � •,,� EXCUSED
Sean P. onway
APPR AS Tv R .�R
�.�r4*_,
ISO ;;j1) c•tt . James
#41_ L �
un ey � ijJ ' �`` ��� .�J,
ZI L !��.
/ f ._rbara Kirkmeyer
Date of signature: 01/2T/2-°
2020-0094
PL2731
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
TOMORA LLC, C/O HUNTING TITAN, INC.
USR19-0056
1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0056, is for
an Oil and Gas Support and Service Facility (explosive storage magazines) in the
A (Agricultural) Zone District, subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of
the Weld County Code.
3. This is an unmanned facility. Employees will only access the site to store and retrieve
explosive articles. No other operations or activities are permitted. No outdoor storage is
permitted.
4. The operator shall notify the Department of Planning Services when the explosive storage
magazine facility is decommissioned or removed from the property.
5. The facility shall adhere to the Best Management Practices of the Institute for Makers of
Explosives (IME).
6. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and
23-E of the Weld County Code.
7. The property owner or operator shall provide written evidence of an approved Emergency
Action and Safety Plan on or before March 15th of any given year signed by
representatives of the Fire District and the Weld County Office of Emergency Management
to the Department of Planning Services.
8. A Flood Hazard Development Permit is required for all construction or development
occurring in the floodplain or floodway as delineated on Federal Emergency Management
Agency (FEMA) FIRM Community Panel Map#08123C-1513E, effective date January 20,
2016 (Sheep Draw Floodplain). Any development shall comply with all applicable Weld
County requirements, Colorado Water Conservation Board requirements as described in
Rules and Regulations for Regulatory Floodplains in Colorado, and FEMA regulations and
requirements as described in 44 CFR parts 59, 60, and 65. The FEMA definition of
development is any man-made change to improved or unimproved real estate, including,
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation, drilling operations, or storage of equipment and materials.
9. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of
any development activities, the owner should contact Weld County to determine if the
floodplain boundaries have been modified.
10. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Article I and II, of the Weld County Code.
2020-0094
PL2731
DEVELOPMENT STANDARDS (USR19-0056) - TOMORA LLC, C/O HUNTING TITAN, INC.
PAGE 2
11. Maintenance of unmaintained County right-of-way will not be the responsibility of Weld
County.
12. The historical flow patterns and runoff amounts on the site will be maintained.
13. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, C.R.S. §30-20-100.5,) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination.
14. No permanent disposal of wastes shall be permitted at this site. This is not meant to
include those wastes specifically excluded from the definition of a solid waste in the Solid
Wastes Disposal Sites and Facilities Act, C.R.S. §30-20-100.5.
15. Waste materials shall be handled, stored, and disposed of in a manner that controls
fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance
conditions. The applicant shall operate in accordance with Chapter 14, Article I, of the
Weld County Code. The accepted Waste Handling Plan shall be adhered to.
16. Fugitive dust should attempt to be confined on the property. Uses on the property should
comply with the Colorado Air Quality Commission's Air Quality Regulations.
17. Adequate drinking, handwashing, and toilet facilities shall be provided for employees and
patrons, at all times. The Hunting Titan office/warehouse located in the High Pointe
Business Park can be utilized for sanitary accommodations providing the property is
owned or rented by the applicant.
18. The operation shall comply with the Colorado Department of Labor and Employment,
Division of Oil and Public Safety Explosive Regulations (7 C.C.R. 1101-9) as well as
Federal Bureau of Alcohol, Tobacco, and Firearms regulations.
19. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
20. Sources of light shall be shielded so that light rays will not shine directly onto adjacent
properties where such would cause a nuisance or interfere with the use on the adjacent
properties in accordance with the plan. Neither the direct, nor reflected, light from any light
source may create a traffic hazard to operators of motor vehicles on public or private
streets. No colored lights may be used which may be confused with, or construed as,
traffic control devices.
21. Building permits may be required for any new construction or set up manufactured
structure, per Section 29-3-10 of the Weld County Code. A building permit application
must be completed and submitted. Buildings and structures shall conform to the
requirements of the various codes adopted at the time of permit application. Currently the
following have been adopted by Weld County: 2018 International Building Codes, 2006
International Energy Code, 2017 National Electrical Code, and Chapter 29 of the Weld
County Code. A plan review shall be approved, and a permit must be issued, prior to the
start of construction.
2020-0094
PL2731
DEVELOPMENT STANDARDS (USR19-0056) - TOMORA LLC, CIO HUNTING TITAN, INC.
PAGE 3
22. Necessary personnel from the Weld County Departments of Planning Services, Public
Works, and Public Health and Environment shall be granted access onto the property at
any reasonable time in order to ensure the activities carried out on the property comply
with the Conditions of Approval and Development Standards stated herein and all
applicable Weld County regulations.
23. The Use by Special Review area shall be limited to the plans shown hereon and governed
by the foregoing standards and all applicable Weld County regulations. Substantial
changes from the plans or Development Standards, as shown or stated, shall require the
approval of an amendment of the Permit by the Weld County Board of County
Commissioners before such changes from the plans or Development Standards are
permitted. Any other changes shall be filed in the office of the Department of Planning
Services.
24. The property owner or operator shall be responsible for complying with all the foregoing
Development Standards. Noncompliance with any of the foregoing Development
Standards may be reason for revocation of the Permit by the Board of County
Commissioners.
25. The Weld County Right to Farm Statement, as it appears in Section 22-2-20.J.2 of the
Weld County Code, shall be placed on the map and recognized at all times.
2020-0094
PL2731
Hello