HomeMy WebLinkAbout20231184.tiffRESOLUTION
RE: APPROVE REQUEST TO EXTEND TIME TO RECORD THE MAP FOR SITE SPECIFIC
DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT, USR22-0015, FOR
USES SIMILAR TO A RESEARCH LABORATORY (ROCKET TESTING FACILITY) IN
THE A (AGRICULTURAL) ZONE DISTRICT - AGCOUNTRY REVOCABLE TRUST,
C/O URSA MAJOR TECHNOLOGIES, INC.
WHEREAS, the Board of County Commissioners of Weld Count, 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, on August 17th, 2022, the Board of County Commissioners of Weld County,
Colorado, approved the application of AgCountry Revocable Trust, 19495 County Road 72,
Eaton, Colorado 80615, c/o Ursa Major Technologies, Inc., 19750 County Road 7, Berthoud,
Colorado 80513, for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0015, for Uses similar to a research laboratory (rocket testing facility) in the
A (Agricultural) Zone District, on the following described real estate, being more particularly
described as follows:
The NW1/4 and part of the E1/2 of Section 8,
Township 7 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, Section 23-2-280. (Changes to a Special Review Permit) of the Weld County
Code states:
C. The applicant shall submit the draft map for preliminary approval to the
Department of Planning Services in electronic (.pdf) format. Upon
approval of the draft map, the applicant shall submit a final map for
recording, along with all other documentation required as conditions of
approval. The map shall be delineated in nonfading permanent black ink
on Mylar or other drafting media approved by the Department of Planning
Services. The map shall bear original signatures and seals in permanent
black ink. Upon completion of all conditions of approval, the map shall be
recorded in the office of the County Clerk and Recorder by the
Department of Planning Services. The applicant shall be responsible for
paying the recording fee. The conditions of approval shall be met, and the
map recorded within one hundred twenty (120) days from the date the
resolution was signed. If the map has not been recorded within one
hundred twenty (120) days from the date the resolution was signed, or if
an applicant is unable to meet all of the conditions within one hundred
twenty (120) days of approval, the applicant may request an extension
from the Director of Planning Services. The Director of Planning Services
may grant a one-time extension of up to one hundred twenty (120) days,
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2023-1184
PL2832
EXTEND TIME TO COMPLETE CONDITIONS OF APPROVAL, RECORDING OF THE USR
MAP AND EXEMPT RECORDING CONTINUANCE CHARGE FOR USR22-0015 -
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC.
PAGE 2
for good cause shown, upon a written request by the applicant. Before
this extension has expired, the applicant may seek a further extension
from the Board of County Commissioners by written request to the
Director of Planning. If the Board of County Commissioners denies the
extension or if the conditions are not met and the map recorded by the
date specified by the Board, the approval shall be voided, and the
application denied.
WHEREAS, The Department of Planning Services received a request from Ursa Major
Technologies, Inc., 19750 County Road 7, Berthoud, Colorado 80513, by letter dated March 31,
2023, requesting an extension time until April 14, 2025, to complete the Conditions of Approval
and items to be completed prior to recording the USR map, and exemption of the recording
continuance charge referenced in Section 3 of Resolution #2022-2329, and staff set the matter to
be considered by the Board of Weld County Commissioners on April 26, 2023, and
WHEREAS, the Board of County Commissioners heard all the testimony and statements
of those present, studied the information presented by the applicants and recommendation of the
Weld County Department of Planning Services, and having been fully informed, deems it
advisable to grant the request for an extension of time until April 14, 2025, and exempts the
recording continuance charge referenced in Condition #3 of Resolution #2022-2329.
NOW THEREFORE BE IT RESOLVED by the Board of Weld County Commissioners that
the request of AgCountry Revocable Trust, do Ursa Major Technologies, Inc., for an extension of
time to complete the Conditions of Approval and items to be completed prior to recording the USR
map, and exemption of the recording continuance charge for a Site Specific Development Plan
and Use by Special Review Permit, USR22-0015, for Uses similar to a research laboratory (rocket
testing facility) in the A (Agricultural) Zone District, be, and hereby is, granted, with said extension
granted through April 14, 2025.
2023-1184
PL2832
EXTEND TIME TO COMPLETE CONDITIONS OF APPROVAL, RECORDING OF THE USR
MAP AND EXEMPT RECORDING CONTINUANCE CHARGE FOR USR22-0015 -
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC.
PAGE 3
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 26th day of April, A.D., 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: dolt/O W ;e1
Weld County Clerk to the Board
BY:
AP
eputy Clerk to the
County At ey
Date of signature: OS/oz/2.
,rfA4,-;,-
Mik5E man, Chair
Perry L. Bu
S ott K. James
Lori Saine
2023-1184
PL2832
MEMORANDUM
TO: Board of County Commissioners
DATE: April 6, 2023
FROM: Maxwell Nader, Planner
SUBJECT: USR22-0015 Extension Request
The applicant, Ursa Major Technologies, Inc. is requesting an extension in order to complete
conditions of approval for USR22-0015, approved on September 1, 2022 by the Board of County
Commissioners. The applicant is requesting date specific extension of April 14, 2025.
v
Maxwell Nader, Planner
Date: April 6, 2023
Enc:
Ursa Major Technologies, Inc request letter
2023-1184
C`�-I/ZCQ PLz 3Z
IIIU!iII 11111111111
March 31, 2023
Board of County Commissioners of Weld County
1150 O Street
P.O. Box 758
Greeley, CO 80631
re: Letter Requesting Extension of Resolution 2022-2329 Requirements for Ursa Major
Technologies, Inc.
To Whom It May Concern,
19750 County Road 7
Berthoud, CO 80513
Ursa Major Technologies, Inc. ("Ursa Major") respectfully requests an extension of certain
requirements contained in Resolution 2022-2329, approved on September 1, 2022 (the "Resolution")
by the Board of County Commissioners of Weld County (the "Board"). Such Resolution concerned the
Use by Special Review Permit 22-0015 regarding property described as follows:
The NW1/4 and part of the E1/2 of Section 8,
Township 7 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
Pursuant to Section 2 of the Resolution, Ursa Major is required to submit a Mylar map and other
documentation required as Conditions of Approval within one -hundred and twenty (120) days of the
Resolution (the "Documentation Requirement").
Currently, Ursa Major is diligently pursuing its analysis and business planning for operations and
construction at the above -mentioned property. As such, Ursa Major respectfully requests an extension
of the Documentation Requirement for a period of one (2) years, such documentation to be submitted
on April 14th, 2025. Additionally, Ursa Major respectfully requests exemption from the recording
continuance charge referenced in Section 3 of the Resolution.
Please direct any questions or concerns to Sarah Ramuta at sarah@ursamalor.com or (630) 390-4220.
Sincerely,
Sarah A. Ramuta
General Counsel
RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT, USR22-0015, FOR USES SIMILAR TO A RESEARCH LABORATORY
(ROCKET TESTING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT -
AGCOUNTRY REVOCABLE TRUST, C/0 URSA MAJOR TECHNOLOGIES, 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 17th day of
August, 2022, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of AgCountry Revocable Trust, 19495 County Road 72, Eaton, Colorado 80615,
c/o Ursa Major Technologies, Inc., 19750 County Road 7, Berthoud, Colorado 80513, for a Site
Specific Development Plan and Use by Special Review Permit, USR22-0015, for Uses similar to
a research laboratory (rocket testing facility) in the A (Agricultural) Zone District, on the following
described real estate, being more particularly described as follows:
The NW1/4 and part of the E1/2 of Section 8,
Township 7 North, Range 63 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, at said hearing, the applicant was represented by Nick Doucette, Ursa Major
Technologies, Inc., 19750 County Road 7, Berthoud, Colorado 80513, 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. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.6.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable Code
provisions or ordinance in effect.
1) Section 22-2-10.C states: "Promoting Economic Growth and
Stability. Land use policies have a significant impact economic
conditions in the County and should be structured to encourage
economic prosperity. To ensure the continued strength of Weld
County's economy, land use processes and decisions based on the
[Comprehensive Plan] shall be consistent and promote financially
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4/27/22,
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, C/O URSA
MAJOR TECHNOLOGIES, INC.
PAGE 2
responsible growth." This Rocket Testing Facility directly supports
economic prosperity in that, the subject specialty operation will
provide technical jobs to Weld County and will further diversify the
wide range of facilities and businesses located within the County.
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, 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 Weld
County Code Section, in essence, supports the proposed USR, as
the rocket testing facility does not interfere with agricultural activities
or other Use by Right activities. Furthermore, the large land area,
which is required for the subject activity, is a feature almost solely
attributed to the A (Agricultural) Zone District. By its own form and
function, the facility must be located at significant distance from more
developed and inhabited parts of the County, being those areas that
a Change of Zone may be a logical possibility. However, in this area,
a Change of Zone is not prudent with respect to compliance with the
Weld County Comprehensive Plan or compatibility with historical
land uses.
2) Section 23-3-40.CC — Uses by Special Review, of the Weld County
Code allows for, "Research Laboratories." Per Section 23-1-90 of
the Weld County Code, a Research Laboratory is defined as:
"A facility for scientific research in technology -intensive fields.
Examples include, but are not limited to, biotechnology,
pharmaceuticals, genetics, plastics, polymers, resins, coating
fibers, films, heat transfer and radiation research facilities."
3) Section 23-3-40.JJ — Uses by Special Review, of the Weld County
Code allows for, "Uses similar to the uses listed as permitted as
long as the use complies with the general intent of the Zone
District." Both Weld County Code Sections 23-3-40.CC and JJ allow
the applicant to apply for a Use by Special Review Permit. As the
facility is not completely captured by the definition of a Research
Laboratory, in that the emphasis is tilted more towards testing
compared to strict research, it still is intended to be a
technology -intensive facility where rockets are evaluated on a
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, CIO URSA
MAJOR TECHNOLOGIES, INC.
PAGE 3
variety of metrics, being an inherent component to the research,
performance and improvement of such rockets.
C. Section 23-2-230.B.3 —The uses which will be permitted will be compatible
with the existing surrounding land uses. The adjacent unincorporated lands
are all zoned A (Agricultural). The surrounding land uses consist of range
land, dry farmland, rural residences, and sporadic on -going oil and gas
activity. Most parcels are large, unimproved and unplatted. There are no
other Use by Special Review Permits within one (1) mile of the site. For
reference, the nearest notable USR Permit is the Pawnee Sportsman
Center, being an outdoor shooting range facility, located approximately
three (3) miles east. Weld County Department of Planning Services staff
sent notice to three (3) surrounding property owners within 500 feet of the
proposed USR boundary. No written correspondence or telephone calls
were received. Due to the remote character of the area, this facility appears
to be compatible with the area. Nearby residences are beyond one (1) mile
from the facility. The relatively unpopulated and undisturbed nature of the
surrounding lands are necessary features given the unique attributes of the
subject operation, including potential nuisance conditions.
D. Section 23-2-230.B.4 — The uses which will 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 not located within a Coordinated Planning Agreement (CPA) boundary
or any other Intergovernmental Agreement (IGA) boundary. The site is not
located within the three (3) mile municipal referral radius of any
municipality. There are no defined future development plans or sub area
plans for this area. Per the Weld County Comprehensive Plan Map, this
area is designated as Rural and is not located within an Opportunity Zone.
E. Section 23-2-230.B.5 — The property is not located within a mapped Special
Flood Hazard Area, Greeley -Weld County Airport Overlay District,
Geologic Hazard Overlay District Historic Townsite Overlay District or
Municipal Separate Storm Sewer System (MS4) area. No maintained
ditches or railroads are on, or adjacent to, this property. However, an
un-published floodplain does exist onsite. A detailed Floodplain Study has
been performed and the 100 -year floodplain has been defined. The
proposed test stands have been placed outside of the floodplain and will
be adequately elevated to protect them from flooding and damage to
sensitive equipment. 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 23-2-230.8.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The parcel is primarily designated as "Other land" with a lesser portion
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, C/O URSA
MAJOR TECHNOLOGIES, INC.
PAGE 4
of "Prime if they become irrigated" soils, consisting of sandy loam and
complex soils. Slopes range from 0-9%, with increased exception near the
Coal Creek, which runs north -south through the subject land. The property
is not farmed or irrigated and is currently classified as grazing land, per the
Weld County Assessor's Property Reports. There are no existing irrigation
facilities on or near the site. The proposed facility does not impact or
remove prime agricultural land from the County portfolio. The northwest
portion of the site, identified as the area which will contain the bulk of
improvements, including the offices and warehouses, contains the most
favorable soils within the project boundary relative to the siting of on -site
wastewater septic systems and commercial building foundations. In the
past, the property has been used as dryland pasture. As it is dryland
pasture with varied topography, the property will only support 25 cows
grazing on a year-round basis, per testimony from the present property
owner.
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. Those
agency referral responses, which contained comments, provide additional
advisory information and conditions regarding designing and operating the
site to protect with the interests of the County, public and other
governmental agencies. In particular, a Noise Study has been submitted
and accepted as part of the review of this application.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of AgCountry Revocable Trust, c/o Ursa Major
Technologies, Inc., for a Site Specific Development Plan and Use by Special Review Permit,
USR22-0015, for Uses similar to a research laboratory (rocket testing facility) 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. The applicant shall submit a Communication Plan for review and approval
by the Department of Planning Services.
B. The applicant shall submit Surface Use Agreement(s) that details how
future oil and gas development will be integrated into the site, to be
compatible with the rocket testing facility.
C. The applicant shall attempt to address the requirements of the Galeton Fire
Protection District, as stated in the referral response, dated June 17, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, CIO URSA
MAJOR TECHNOLOGIES, INC.
PAGE 5
D. The applicant shall attempt to address the comments of the Colorado
Division of Water Resources regarding the proposed exempt commercial
well limitations and stormwater detention, as stated in the referral
response, dated May 27, 2022. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
E. The applicant shall acknowledge the advisory comments of F.E. Warren
Air Force Base, as stated in the referral response, dated May 5, 2022.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall acknowledge the advisory comments of the Weld
County Sheriffs Office, as stated in the referral response, dated May 5,
2022. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
G. The applicant shall acknowledge the advisory comments of the Weld
County Office of Emergency Management, as stated in the referral
response, dated June 14, 2022. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
H. A Final Drainage Narrative is required.
An Improvements and Road Maintenance Agreement is required for
triggered off -site improvements at this location. Road maintenance
includes, but is not limited to, dust control and damage repair to specified
haul routes. The Agreement shall include provisions addressing
engineering requirements, submission of collateral, and testing and
approval of completed improvements. Improvements may include, but not
be limited to, the upgrade of the unmaintained portion of County
Road (CR) 63 to be used for access onto CR 78 and of the portion of
CR 78, between the site access point and the intersection of CR 59.
J. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0015.
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 any proposed structures and
any other site improvements and features.
5) The applicant shall show and label the existing and proposed
security features, landscaping, fencing and gating.
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, C/O URSA
MAJOR TECHNOLOGIES, INC.
PAGE 6
6) The applicant shall show and label all surface types, including
concrete, asphalt, gravel, dirt and native cover.
7) The applicant shall show and label all parking areas,
storage/staging areas, muster areas, and trash enclosures. Parking
areas shall conform to Chapter 23, Article IV, Division 1 of the Weld
County Code.
8) The applicant shall show and label any proposed signage. Signs
shall conform to Chapter 23, Article IV, Division 2 of the Weld
County Code.
9) The applicant shall show and label any proposed lighting. All
lighting shall be downcast and shielded so that light rays will not
shine directly onto adjacent properties or roadways. Lighting shall
conform to Section 23-2-250.D of the Weld County Code.
10) The applicant shall show and label the setback radiuses for existing
oil and gas tank batteries, wellheads, and encumbrances, if
applicable. Setback requirements are located in Section 23-3-70.E
of the Weld County Code.
11) The applicant shall show and label all recorded easements and
rights -of -way on the map by book and page number or Reception
number and recording date.
12) County Road 63 Section Line is shown to have 60 feet of
unmaintained section line/petition right-of-way, per the Weld
County GIS right-of-way map. The applicant shall delineate the
existing right-of-way on the site plan. Show and label the section
line Right -of -Way as "CR 63 Section Line/Petition Right -of -Way, not
County maintained." All setbacks shall be measured from the edge
of the right-of-way.
13) County Road 78 is a gravel road and is designated on the Weld
County Functional Classification Map as a local road, which
requires 60 feet of right-of-way at full buildout. The applicant shall
delineate and label the future and existing right-of-way (along with
the documents creating the existing right-of-way) and the physical
location of the road on the site map or plat. All setbacks shall be
measured from the edge of the right-of-way. This road is maintained
by Weld County.
14) The applicant shall show and label the approved access location,
approved access width and the appropriate turning radii on the site
plan. The applicant must obtain an Access Permit in the approved
locations prior to construction.
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, C/O URSA
MAJOR TECHNOLOGIES, INC.
PAGE 7
15) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
16) The applicant shall show and label the approved tracking control on
the site plan.
17) The applicant shall show and label the accepted drainage features
(e.g. constructed ditches and swales) and the drainage flow arrows.
18) 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 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 Appendix 5-J of the Weld County Code, should the map not be
recorded within the required 120 days from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance charge shall be added
for each additional three (3) month period.
4. 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.
5. Prior to Construction:
A. The approved access point shall be permitted, and the tracking control shall
be constructed prior to any on -site construction.
B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
2022-2329
PL2832
SPECIAL REVIEW PERMIT (USR22-0015) - AGCOUNTRY REVOCABLE TRUST, CIO URSA
MAJOR TECHNOLOGIES, INC.
PAGE 8
6. Prior to Operation:
A. The applicant shall develop an Emergency Action and Safety Plan with the
Weld County Office of Emergency Management and the Galeton Fire
Protection 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 17th day of August, A.D., 2022.
BOARD OF COUNTY COMMISSIONERS
WELDOUNTY, COLORADO
ATTEST: di p;,1
Weld County Clerk to the Board
BY:
ScotfK. James, Chair
Mike eman, Pro-Tem
Perry L. By k
APP:.
County Attorney
Lori Saine
Date of signature:
2022-2329
PL2832
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
AGCOUNTRY REVOCABLE TRUST,
C/O URSA MAJOR TECHNOLOGIES, INC.
USR22-0015
Site Specific Development Plan and Use by Special Review Permit, USR22-0015, is for
Uses similar to a research laboratory (rocket testing facility) 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. The facility shall be limited to a maximum of 50 on -site employees at any given time. In no
event shall the maximum number of persons located onsite be in conflict with the terms of
the existing water well permit.
4. The facility hours of operation are Monday -Saturday, 8:00 a.m. to 6:00 p.m.
5. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code.
6. 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.
7. The facility shall operate in accordance with the approved Communication Plan.
8. 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.
9. The property owner or operator shall be responsible for controlling noxious weeds on the
site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
10. The access to the site shall be maintained to mitigate any impacts to the public road,
including damages and/or off -site tracking.
11. Access will be along unmaintained County right-of-way and maintenance of the
right-of-way will not be the responsibility of Weld County.
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be
utilized.
13. The property owner shall comply with all requirements provided in the executed
Improvements Agreement.
2022-2329
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DEVELOPMENT STANDARDS (USR22-0015) - AGCOUNTRY REVOCABLE TRUST,
C/O URSA MAJOR TECHNOLOGIES, INC.
PAGE 2
14. The Improvements Agreement for this site may be reviewed on an annual basis, including
a site visit and possible updates.
15. Prior to the release of Building Permits, the applicant shall be required to submit a
complete access application for a "preliminarily approved" access location as shown on
this plan.
16. Weld County is not responsible for the maintenance of on -site drainage related features.
17. The historical flow patterns and runoff amounts on the site will be maintained.
18. 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.
19. 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.
20. 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.
21. 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.
22. The facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone as delineated in C.R.S. §25-12-103, except during rocket engine testing when the
limit shall be 100 dBA 1,000 feet from property lines.
23. Any On -site Wastewater Treatment Systems (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
24. If an OVVTS serves twenty or more full-time employees, the facility shall submit an
Underground Injection Control (UIC) Class V Injection Well permit to the Environmental
Protection Agency (EPA).
25. For employees or patrons onsite for less than two (2) consecutive hours a day, and two (2)
or less full-time employees onsite, portable toilets and bottled water are acceptable.
Records of maintenance and proper disposal for portable toilets shall be retained on a
quarterly basis and available for review by the Weld County Department of Public Health
and Environment. Portable toilets shall be serviced by a cleaner licensed in Weld County,
contain hand sanitizers and be screened from existing adjacent residential properties and
public rights -of -way.
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26. A permanent, adequate water supply shall be provided for drinking and sanitary purposes.
The well permitted as 153242-A, cannot be used unless it is repermitted for commercial
use.
27. In the event the facility's water system serves more than 25 persons on a daily basis the
water system shall comply with the Colorado Primary Drinking Water
Regulations (5 C.C.R. 1003-1). If not subject to these requirements, the Weld County
Department of Public Health and Environment strongly encourages well users to test their
drinking water prior to consumption and periodically thereafter.
28. The facility shall comply with all provisions of the State Underground and Above Ground
Storage Tank Regulations.
29. All chemicals must be handled in a safe manner, in accordance with product labeling, and
in a manner that minimizes the release of hazardous air pollutants (HAPs) and volatile
organic compounds (VOCs). All chemicals must be stored securely, on an impervious
surface, and in accordance with manufacturers' recommendations.
30. 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).
31. The facility shall comply with the Air Pollution Emission Notice (A.P.E.N.) permit
requirements as stipulated by the Air Pollution Control Division of the Colorado
Department of Public Health and Environment.
32. A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public
Health and Environment (CDPHE), Water Quality Control Division, shall be obtained, as
applicable.
33. The facility shall notify the County of any revocation and/or suspension of any State -issued
permit.
34. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
35. Building Permits shall be required for any new construction or setup of a manufactured
structure (buildings and/or structures) 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 Chapter 29 of the Weld County Code, and the
adopted Codes at the time of permit application. Currently, the following have been
adopted by Weld County: 2018 International Building Codes, 2018 International Energy
Code, and 2020 National Electrical Code.
36. The property owner or operator shall be responsible for complying with the Use by Special
Review Design Standards and Operation Standards within Chapter 23, Article II of the
Weld County Code.
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37. 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.
38. The property owner or operator shall be responsible for complying with all of 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.
39. Construction or Use pursuant to approval of a Use by Special Review Permit shall be
commenced within three (3) years from the date of approval, unless otherwise specified
by the Board of County Commissioners when issuing the original Permit, or the Permit
shall be vacated. The Director of the Department of Planning Services may grant an
extension of time, for good cause shown, upon a written request by the landowner.
40. A Use by Special Review shall terminate when the use is discontinued for a period of
three (3) consecutive years, the use of the land changes or the time period established by
the Board of County Commissioners through the approval process expires. The landowner
may notify the Department of Planning Services of a termination of the use, or Planning
Services staff may observe that the use has been terminated. When either the Department
of Planning Services is notified by the landowner, or when the Department of Planning
Services observes that the use may have been terminated, the Planner shall send certified
written notice to the landowner asking that the landowner request to vacate the Use by
Special Review Permit.
41. In such cases where the Use by Special Review has terminated but the landowner does
not agree to request to vacate the Use by Special Review Permit, a hearing shall be
scheduled with the Board of County Commissioners to provide the landowner an
opportunity to request that the Use by Special Review Permit not be vacated, for good
cause shown. The landowner shall be notified at least ten (10) days prior to the hearing.
If the Board of County Commissioners determines that the Use by Special Review has
terminated and no good cause has been shown for continuing the permit, then the
termination becomes final, and the Use by Special Review Permit is vacated.
42. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of
the most abundant mineral resources, including, but not limited to, sand and gravel, oil,
natural gas, and coal. Under Title 34, of the Colorado Revised Statutes, minerals are vital
resources because (a) the state's commercial mineral deposits are essential to the state's
economy; (b) the populous counties of the state face a critical shortage of such deposits;
and (c) such deposits should be extracted according to a rational plan, calculated to avoid
waste of such deposits and cause the least practicable disruption of the ecology and
quality of life of the citizens of the populous counties of the state. Mineral resource
locations are widespread throughout the County and people moving into these areas must
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recognize the various impacts associated with this development. Oftentimes, mineral
resource sites are fixed to their geographical and geophysical locations. Moreover, these
resources are protected property rights and mineral owners should be afforded the
opportunity to extract the mineral resource.
43. The Weld County Right to Farm Statement, as it appears in Section 22-2-30.A.4.a of the
Weld County Code, shall be placed on the map and recognized at all times.
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