HomeMy WebLinkAbout20222330.tiffBEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIO
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER:
APPLICANT:
PLANNER:
REQUEST:
LEGAL DESCRIPTION:
LOCATION:
U S R22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC.
MICHAEL HALL
A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO A RESEARCH LABORATORY (ROCKET
TESTING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
THE NW4 AND PART OF THE E2 OF SECTION 8, T7N, R63W OF THE 6TH P.M.,
WELD COUNTY, COLORADO.
NORTH OF AND ADJACENT TO CR 82; EAST OF AND ADJACENT TO CR 63.
be recommended favorably to the Board of County Commissioners for the following reasons:
1. The submitted materials are compliant with the application requirements of Section 23-2-260 of the Weld
County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section 23-2-
220 of the Weld County Code as follows:
A. Section 23-2-220.A.1. -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-10. C of the Weld County Code 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 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 23-2-220.A.2. -- The proposed use is consistent with the intent of the A (Agricultural) Zone
District.
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 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.
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."
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/0 URSA MAJOR TECHNOLOGIES, INC
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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 variety of metrics,
being an inherent component to the research, performance and improvement of such rockets
C Section 23-2-220 A 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, 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 23-2-220 A 4 -- That 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 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 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 23-2-220 A 5 -- That the application complies with Articles V and XI of this Chapter if the
proposal is located within an overlay zoning distract or a special flood hazard area identified by maps
officially adopted by the county
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 on site 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 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 Program, County Facility Fee and Drainage Impact Fee Programs
F Section 23-2-220 A6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use
RESOLUTION USR22-0015
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The parcel is primarily designated as "Other land" with a lesser portion 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 a 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 dry land pasture. As it is dryland pasture with varied topography, the property will only
support twenty-five 25 cows grazing on a year-round basis, per testimony from the present property
owner.
G. Section 23-2-220.A.7 -- There is adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
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 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.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
THE PLANNING COMMISSION RECOMMENDATION FOR APPROVAL IS CONDITIONAL UPON THE
FOLLOWING:
1. Prior to recording the map:
A. The applicant shall submit a Communication Plan for review and approval by the Department of
Planning Services. (Department of Planning Services)
B. The applicant shall submit Surface Use Agreement(s) that detail how future oil and gas development
will be integrated into the site, to be compatible with the rocket testing facility. (Department of
Planning Services)
C. The applicant shall 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. (Department of Planning Services)
D. The applicant shall 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. (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. If applicable, a Communication Plan shall be developed.
Evidence of such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC.
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F. The applicant shall acknowledge the advisory comments of the Weld County Sheriff's 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. (Department of Planning Services)
G. The applicant shall acknowledge the advisory comments of 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. (Department of Planning
Services)
H. A Final Drainage Narrative is required. (Department of Planning Services — Development Review)
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 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.
(Department of Planning Services — Development Review)
The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR22-0015. (Department of Planning Services)
2) The attached Development Standards. (Department of Planning Services)
3) The map shall be prepared per Section 23-2-260.D of the Weld County Code. (Department of
Planning Services)
4) Show and label any proposed structures and any other site improvements and features.
(Department of Planning Services)
5) Show and label the existing and proposed security features, landscaping, fencing and gating.
(Department of Planning Services)
6) Show and label all surface types including concrete, asphalt, gravel, dirt and native cover.
(Department of Planning Services)
7) Show and label all parking areas, storage/staging areas, muster areas, trash enclosures.
Parking areas shall conform to Chapter 23, Article IV, Division 1 of the Weld County Code.
(Department of Planning Services)
8) Show and label any proposed signage. Signs shall conform to Chapter 23, Article IV, Division 2
of the Weld County Code. (Department of Planning Services)
9) 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. (Department of Planning Services)
10) 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. (Department of Planning Services)
11) Show and label all recorded easements and rights -of -way on the map by book and page
number or reception number and recording date. (Department of Planning Services)
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
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC
PAGE 5
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 right-of-way (Department of Planning Services — Development Review)
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 on the site map or plat the future and existing right-of-way
(along with the documents creating the existing right-of-way) and the physical location of the
road All setbacks shall be measured from the edge of right-of-way This road is maintained by
Weld County (Department of Planning Services — Development Review)
14) 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 (Department of Planning Services — Development Review)
15) 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 (Department of Planning Services —
Development Review)
16) Show and label the approved tracking control on the site plan (Department of Planning
Services — Development Review)
17) Show and label the accepted drainage features (e g constructed ditches and swales) Show
and label the drainage flow arrows (Department of Planning Services — Development Review)
18) Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property (Department of Planning Services — Development Review)
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
(Department of Planning Services)
3 In accordance with Appendix 5-J of the Weld County Code, 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 $50 00 recording continuance charge shall be added for each additional three (3) month period
(Department of Planning Services)
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 (Department of Planning
Services)
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 (Department of Planning Services — Development Review)
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC
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B If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required
(Department of Planning Services — Development Review)
6 Prior to Construction
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
(Office of Emergency Management)
Motion seconded by Sam Gluck
VOTE
For Passage Against Passage Absent
Tom Cope
Lonnie Ford
Elijah Hatch
Skip Holland
Sam Gluck
Butch White
Pamela Edens
Michael Wailes
Michael Palizzi
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on July 12, 2022
Dated the 12. of July, 2022
Kristine Ranslem
Secretary
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC.
PAGE 7
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Ursa Major Technologies, Inc.
USR22-0015
1. 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, subject to the
Development Standards stated hereon. (Department of Planning Services)
Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
The facility shall be limited to a maximum of fifty (50) on -site employees at any given time. In no
event shall the maximum number of persons located on -site be in conflict with the terms of the
existing water well permit. (Department of Planning Services)
4. The facility hours of operations are Monday -Saturday 8:00 am to 6:00 pm. (Department of Planning
Services)
5. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code. (Department of
Planning Services)
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. (Department of Planning
Services)
7. The facility shall operate in accordance with the approved Communication Plan. (Department of
Planning Services)
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.
(Department of Planning Services)
9. 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. (Department of Planning Services
— Development Review)
10. The access to the site shall be maintained to mitigate any impacts to the public road, including
damages and/or off -site tracking. (Department of Planning Services — Development Review)
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. (Department of Planning Services — Development Review)
12. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services — Development Review)
13. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Planning Services — Development Review)
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC
PAGE 8
14 The Improvements Agreement for this site may be reviewed on an annual basis, including a site visit
and possible updates (Department of Planning Services — Development Review)
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 (Department of
Planning Services — Development Review)
16 Weld County is not responsible for the maintenance of onsite drainage related features (Department
of Planning Services — Development Review)
17 The historical flow patterns and runoff amounts on the site will be maintained (Department of
Planning Services — Development Review)
18 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-
100 5, C R S ) shall be stored and removed for final disposal in a manner that protects against
surface and groundwater contamination (Department of Public Health and Environment)
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, 30-20-100 5, C R S (Department of Public Health and Environment)
20 Waste materials shall be handled, stored, and disposed 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 1 of the Weld County Code (Department of
Public Health and Environment)
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 (Department of Public Health and
Environment)
22 The facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in 25-12-103 C R S except during rocket engine testing when the limit shall be 100 dBA
1,000 feet from property lines (Department of Public Health and Environment)
'23 Any On -site Wastewater Treatment Systems located on the property must comply with all provisions
of the Weld County Code, pertaining to On -site Wastewater Treatment Systems (Department of
Public Health and Environment)
24 If an On -site Wastewater Treatment System 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) (Department of Public Health and Environment)
25 For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, 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 (Department of Public Health and Environment)
26 A permanent, adequate water supply shall be provided for dunking and sanitary purposes The well
permitted as 153242-A cannot be used unless it is repermitted for commercial use (Department of
Public Health and Environment)
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC
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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 CCR 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 (Department of Public Health and Environment)
28 The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations (Department of Public Health and Environment)
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 (Department of Public Health and Environment)
30 The operation shall comply with the Colorado Department of Labor & Employment, Division of Oil and
Public Safety Explosive Regulations (7 C C R 1101-9) (Department of Public Health and
Environment)
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, Colorado Department of Public Health and
Environment (Department of Public Health and Environment)
32 A Colorado Discharge Permit System (CDPS) from the Colorado Department of Public Health and
Environment (CDPH&E), Water Quality Control Division, shall be obtained as applicable
(Department of Public Health and Environment)
33 The facility shall notify the County of any revocation and/or suspension of any State issued permit
(Department of Public Health and Environment)
34 The operation shall comply with all applicable rules and regulations of State and Federal agencies
and the Weld County Code (Department of Public Health and Environment)
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, 2020 National Electrical Code (Department of Building
Inspection)
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
(Department of Planning Services)
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
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC
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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
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 recognize the various impacts associated with this development Often times, 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 WELD COUNTY'S RIGHT TO FARM STATEMENT Weld County is one of the most productive
agricultural counties in the United States, typically ranking in the top ten counties in the country in
total market value of agricultural products sold The rural areas of Weld County may be open and
spacious, but they are intensively used for agriculture Persons moving into a rural area must
recognize and accept there are drawbacks, including conflicts with long-standing agricultural
practices and a lower level of services than in town Along with the drawbacks come the incentives
which attract urban dwellers to relocate to rural areas open views, spaciousness, wildlife, lack of city
noise and congestion, and the rural atmosphere and way of life Without neighboring farms, those
features which attract urban dwellers to rural Weld County would quickly be gone forever
Agricultural users of the land should not be expected to change their long-established agricultural
practices to accommodate the intrusions of urban users into a rural area Well -run agricultural
activities will generate off -site impacts, including noise from tractors and equipment, slow -moving
farm vehicles on rural roads, dust from animal pens, field work, harvest and gravel roads, odor from
animal confinement, silage and manure, smoke from ditch burning, flies and mosquitoes, hunting and
trapping activities, shooting sports, legal hazing of nuisance wildlife, and the use of pesticides and
fertilizers in the fields, including the use of aerial spraying It is common practice for agricultural
producers to utilize an accumulation of agricultural machinery and supplies to assist in their
agricultural operations A concentration of miscellaneous agricultural materials often produces a
RESOLUTION USR22-0015
AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES, INC
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visual disparity between rural and urban areas of the County Section 35-3 5-102, C R S , provides
that an agricultural operation shall not be found to be a public or private nuisance if the agricultural
operation alleged to be a nuisance employs methods or practices that are commonly or reasonably
associated with agricultural production
Water has been, and continues to be, the lifeline for the agricultural community It is unrealistic to
assume that ditches and reservoirs may simply be moved "out of the way" of residential
development When moving to the County, property owners and residents must realize they cannot
take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to
the water
Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice
the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of
state and County roads outside of municipalities The sheer magnitude of the area to be served
stretches available resources Law enforcement is based on responses to complaints more than on
patrols of the County, and the distances which must be traveled may delay all emergency responses,
including law enforcement, ambulance, and fire Fire protection is usually provided by volunteers who
must leave their jobs and families to respond to emergencies County gravel roads, no matter how
often they are bladed, will not provide the same kind of surface expected from a paved road Snow
removal priorities mean that roads from subdivisions to arterials may not be cleared for several days
after a major snowstorm Services in rural areas, in many cases, will not be equivalent to municipal
services Rural dwellers must, by necessity, be more self-sufficient than urban dwellers
People are exposed to different hazards in the County than in an urban or suburban setting Farm
equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and
center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and
livestock, and open burning present real threats Controlling children's activities is important, not only
for their safety, but also for the protection of the farmer's livelihood
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 12, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Butch
White at 12:33 p.m.
Roll Call.
Present: Lonnie Ford, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Pamela Edens, Michael
Palizzi.
Absent: Tom Cope, Elijah Hatch.
Also Present: Kim Ogle, Chris Gathman, and Michael Hall, Department of Planning Services; Lauren Light,
Department of Health; Karin McDougal, County Attorney, and Kris Ranslem, Secretary.
CASE NUMBER: USR22-0015
APPLICANT: AGCOUNTRY REVOCABLE TRUST, C/O URSA MAJOR TECHNOLOGIES. INC.
PLANNER MICHAEL HALL
REQUEST: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT FOR USES SIMILAR TO A RESEARCH LABORATORY (ROCKET
TESTING FACILITY) IN THE A (AGRICULTURAL) ZONE DISTRICT.
LEGAL DESCRIPTION: THE NW4 AND PART OF THE E2 OF SECTION 8, T7N, R63W OF THE 6TH
P.M., WELD COUNTY, COLORADO.
LOCATION: NORTH OF AND ADJACENT TO CR 82; EAST OF AND ADJACENT TO CR 63.
Michael Hall, Planning Services presented Case USR22-0015, reading the recommendation and
comments into the record. Mr. Hall noted that no comments were received from the three (3) surrounding
property owners regarding this proposed project. The Department of Planning Services recommends
approval of this application along with conditions of approval and development standards.
Commissioner Edens said that it appears there is a body of water next to this site and asked what it is. Mr.
Hall clarified that the small body of water south of and adjacent to the site is an area where an ephemeral
water pools but it is not a labeled body of water.
Commissioner Holland referred to the east property and asked what way the water drains off the property.
Mr. Hall said that from site inspection it appears it drains to the southeast. Mr. Holland referred to Coal
Creek and asked if it is a drainage way. Mr. Hall said it is a local stream system and is an unmapped
floodplain. Mr. Holland asked if it is a tributary to anything downstream. Mr. Hall said that it would eventually
connect with other area streams. Mr. Holland asked what the constituents of the fuel materials that are
deposited after the testing. Mr. Hall replied that the applicant can answer that question.
Lauren Light, Environmental Health, reviewed the public water and sanitary sewer requirements, on -site
dust control, noise mitigation and the Waste Handling Plan. Ms. Light noted that the applicants are
requesting to exceed the industrial noise limit during the rocket testing. She added that Development
Standard 21 does allow an exceedance of the industrial limit during engine testing.
Nick Doucette, URSA Major Technologies, 19750 CR 7, Berthoud, Colorado, stated that URSA Major
Technologies were established in 2015 to focus on designing, building, testing and shipping rocket engines.
Since being founded in 2015 they have built and tested over 60 individual rocket engines. He added that
currently the company has 250 employees.
Commissioner Ford asked if there is traveling from Berthoud to this site. Mr. Doucette said that the engines
are built in Berthoud and brought out here for testing.
Commissioner Ford asked about fire protection for this site and asked if there are any on site employees
that are firemen. Mr. Doucette said that they have an EHS Manager who is a former fire fighter. He added
that they have a fire engineer help guide them to make sure they are doing things correctly.
1
Commissioner Edens asked how far the noise level will be exceeded Ms Light referred to Development
Standard 21 and said that the industrial limit is 80 decibels and they are asking for 100 decibels only during
the engine testing Ms Edens asked how much noise that would be to the nearest neighbor Mr Hall said
that rocket engine noise levels at the nearest neighbor is equivalent to a car passing on a road
Commissioner Holland asked if they operate under either a RCRA or CERCLA clean up standard
administered by the EPA Mr Doucette said that he is not familiar with those two standards He added
that they do have requirements from EPA for spill control of their current fuel storage Mr Holland said that
those two standards are clean-up standards He is concerned about the applicant's understanding if there
is a catastrophe or a failure that would tugger those kinds of standards Mr Doucette said that with some
of the experience taken from some of their employees they have seen some element of large-scale spills
or catastrophe I
The Chair asked if there was anyone in the audience who wished to speak for or against this application
Russ Kane, Galeton Fire Protection District, 36060 CR 49, Eaton, Colorado stated that they have had the
blessing of sharing Fire Marshalls with Berthoud and added that they have contacted Berthoud Fire Mr
Kane said that the applicant has a positive compliance history and incident history with Berthoud Fire
Mr Kane noted that the site would contain liquid hydrogen, liquid nitrogen, liquid oxygen and a form of
kerosene on site He stated that these items are not incompatible with what they deal with every day in the
oilfields He said that they bung water to fires on axle and they are used to it and effective at it However,
he added that they would like a head start for the warehouse buildings to get some sort of onsite water
storage which they would negotiate at construction time
Jason Kern, 30887 CR 88, Ault, Colorado, stated that he is the adjacent landowner to the north He said
that he doesn't have any objection but just wanted to comment that noise is his only concern He is exactly
two (2) miles from the facility and can handle the sound of a car driving by but he does have land with cows
along with himself and his children who ride horseback through the pasture that is a few hundred feet north
of their north testing site
Mr Doucette referred to Mr Kem's concern of noise concerns and said that the decibel levels do not present
a safety concern unless it is a prolonged exposure time He added that he has a table that he can discuss
with Mr Kern on exposure levels
Commissioner White asked if the testing is done on any schedule to share with the neighbors Mr Doucette
said that they send out email and text alerts anywhere between one (1) hour or 15 minutes before a test if
needed He added that they would be happy to do that at this site
Tyler Wetzel, URSA Major Technologies, 19750 CR 7, Berthoud, Colorado, said that area shown on Coal
Creek is the 100 -year floodplain analysis He added that most of the time it is a dry creek bed Mr Wetzel
stated that all of their potential testing areas are outside of that floodplain
Commissioner Holland said his issue isn't the floodplain but the long term potential contamination that would
end up draining to water supplies Mr Wetzel said that they burn mainly oxygen with jet fuel and most of
the combustion emissions are pretty negligible Mr Doucette added that it is a very low percentage of
hydrocarbons and the rest is vaporized gas He said that currently they do not have to report that to the
EPA because they fall well below the threshold that EPA requires for formal reporting
The Chair asked Staff if they have any changes to the resolution Mr Hall recommended a change to
Condition of Approval 1 H by adding the following language "Improvements may include but not be limited
to the upgrade of the unmaintained portion of 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", to the end of the existing paragraph
Mr Hall referred to notifying the neighbors for noise and suggested adding a Condition of Approval 1 A to
read "The applicant shall submit a Communication Plan for review and approval by the Department of
Planning Services" Additionally, he recommended adding a new Development Standard 7 to read "The
facility shall operate in accordance with the approved Communication Plan"
2
Motion Add Condition of Approval 1 A and Development Standard 7, as recommended by Staff, Motion
by Skip Holland, Seconded by Pamela Edens Motion carried unanimously
Motion Amend Condition of Approval 1 H, as recommended by Staff, Motion by Michael Wailes,
Seconded by Lonnie Ford Motion carried unanimously
The Chair asked the applicant if they have read through the amended Development Standards and
Conditions of Approval and if they are in agreement with those The applicant replied that they are in
agreement
Motion Forward Case USR22-0015 to the Board of County Commissioners along with the amended
Conditions of Approval and Development Standards with the Planning Commission's recommendation of
approval, Moved by Michael Wailes, Seconded by Sam Gluck
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Butch White, Lonnie Ford, Michael Palizzi, Michael Wailes, Pamela Edens, Sam Gluck, Skip Holland
Commissioner Wailes said that this directly supports economic prosperity in Weld County and it sets us up
for generations ahead to do some amazing things
Commissioner Holland expressed appreciation for Staffs and the applicant's work on this project
Meeting adjourned at 2 34 pm
Respectfully submitted,
Knstine Ranslem
Secretary
3
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