HomeMy WebLinkAbout20222331.tiffPlanner:
Michael Hall
Case Number: USR22-0015
USE BY SPECIAL REVIEW PERMIT
STAFF COMMENTS
Hearing Date: July 12, 2022
Owner: AgCountry Revocable Trust c/o Don Magnuson & Jeanette Magnuson, Trustees
19495 County Road 72, Eaton, CO 80615
Applicant: Ursa Major Technologies, Inc. do John ("Chips') O. Niemann, Ill and Tyler Wetzel
19750 County Road 7, Berthoud, CO 80513
Representative: Alles Taylor And Duke, LLC do Mark Taylor
3610 35th Avenue, Unit #6, Evans, CO 80620
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 NW4 and part of the E2 of Section 8, T7N, R63W of the 6th P.M., Weld County, Colorado
Description:
Location: North of and adjacent to County Road 82, east of and adjacent to County Road 63
Acreage: +/- 400 acres Parcel Nos. 0713-08-1-00-001, 0713-08-1-00-002,
0713-08-0-00-004, 0713-08-4-00-005,
0713-08-2-00-004, 0713-08-2-00-003
The criteria for review of this Use by Special Review are listed in Section 23-2-220 of the Weld County Code.
The Department of Planning Services' staff has received referral responses with comments from the
following agencies:
• F.E. Warren Air Force Base, referral dated May 5, 2022
• Weld County Sheriff's Office, referral dated May 5, 2022
• Galeton Fire Protection District, referral dated June 17 2022
• Colorado Division of Water Resources, referral dated May 27, 2022
• Weld County Office of Emergency Management, referral dated June 14, 2022
• Weld County Department of Public Health and Environment, referral dated June 2, 2022
• Weld County Department of Planning Services — Development Review, referral dated May 11, 2022
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
• Weld County School District RE -2, referral dated May 19, 2022
• Weld County Department of Planning Services — Code Compliance, referral dated May 5, 2022
• Weld County Department of Planning Services — Floodplain Administrator, referral dated May 11, 2022
The Department of Planning Services' staff has not received responses from the following agencies:
• Colorado Parks and Wildlife
• Weld County Extension Office
• Federal Aviation Administration
• United States Army Corps of Engineers
• Bureau of Alcohol, Tobacco, Firearms and Explosives
• Colorado Department of Public Health and Environment
• Weld County Department of Planning Services - Building Inspection
USR22-0015— Ursa Major Technologies, Inc.
Page 1 of 12
CASE SUMMARY:
The applicant, Ursa Major Technologies, Inc. is requesting 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. Ursa Major has a purchase agreement with the current property owner AgCountry Revocable
Trust to purchase the subject six (6) parcels contingent on approval of the USR. Ursa Major is an aerospace
technology company based in Berthoud, Colorado that specializes in jet propulsion. The types of engines are
used for low earth and geostationary orbit. The primary focus of Ursa Major is the assembly and testing of
small to medium sized rocket engines. Due the rapid growth of the company, Ursa Major has outgrown the
Berthoud facilities and needs more space for testing. The Berthoud facility will remain in operation for some
testing of rocket engines and as the company headquarters. A large property in a lightly populated area is
required in order to construct a new rocket testing facility (RTF) capable of meeting their current and
expected future demands. The RTF will comply with all local, state, federal requirements and to the
Department of Defense and NASA requirements for rocket engine testing. Safety drills are performed
monthly. No manufacturing or processing will occur on the subject RTF.
The proposed facility will include (4) four 9,450 SF office/warehouse buildings, one (1) 9,600 SF equipment
maintenance building, (2) two chemical/fuel bulk storage locations, and up to (12) twelve 10,000 SF rocket
engine test sites each containing a 40'x40' test facility, to be developed over a ten (10) year period. An
internal road network will be constructed connecting the various sites via an all-weather gravel surface
capable of handling the expected vehicle loads. Specific structure and improvement demands may change
over time, as the industry and market evolves, as detailed in the phased construction timeline plan submitted
in the application materials. Concrete, gravel and rip -rap improved surfaces, slopes, staging areas, pads and
access roads will be constructed throughout the site. Parking needs are dependent on the employee counts.
Each of the four office/warehouse buildings will have dedicated and likely covered parking areas.
The permitted hours of operations are Monday -Saturday 8:00 am to 6:00 pm, to avoid causing disturbances
in the evening, night, and early morning hours. Initially, the RTF will operate with approximately twenty (20)
full time employees. Future expansion of their workforce includes up to one hundred (100) full time
employees over the next ten (10) years. Future amendments to the USR may be required to account for this
future build -out. No public access will be allowed at the facility, but groups typically no larger than (10) ten
visitors at a time will visit the site periodically. No material stockpiles are proposed.
Regarding fire prevention, each rocket test pad will have a vegetation free zone. The size of the vegetation
zone may vary. As the size of the rocket that is being tested increases, the vegetation zone will increase.
Additionally, test sites are equipped with liquid nitrogen fire suppression systems. Due to the remoteness of
the site, no screening is being proposed around the main structures. Security fencing is proposed for the
office/warehouse complex. Safety gates and fences will be installed around the testing pads. Existing
sporadic barbed wire fencing is located on -site. Minimal xeriscape landscaping around the main complex is
proposed and may include decorative rock. This site has been chosen due to its remote location and
topographic features; the site elevation changes are greater than eighty (80) feet across the site. The testing
pads are being proposed on the low laying areas of the site and are naturally screened from public view.
Additionally, this varied site topography will be used to dampen the sound generated during the rocket
engine testing. Signage will be included on -site as needed, in accordance with the Weld County Code.
Exterior lights will be mounted on the building and parking canopies, and pole mounted lights will be included
in the truck staging area and at the site security gate. All site lighting will be downcast type fixtures.
Potable domestic water will be supplied by the existing water well which will be converted to commercial use
with the Colorado Division of Water Resources upon USR approval. The maximum annual usage for a
commercial permit is 108,000 gallons. Based on the fifteen (15) gallon per day demand per person, a
maximum of fifty (50) people can be served by the existing well annually, as recommended by the Colorado
Division of Water Resources. The addition of more employees will require an alternative demonstrated water
source.
County Road 63, extending north of County Road 78, is unmaintained and will be utilized to access the RTF,
along the western edge of the property. The present condition of this road is an all-weather gravel, single-
track road. The road is presently maintained by gas and oil companies. This roadway is located within the
dedicated County right-of-way. It is proposed that this road be widened to accommodate the increased traffic
loads as generated by the proposed facility. The road improvements will be paid for and maintained by Ursa
Major. A tributary of Coal Creek runs through the property and has been integrated into site design.
USR22-0015— Ursa Major Technologies, Inc.
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THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED 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 Department of Planning Services' staff 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."
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.
USR22-0015— Ursa Major Technologies, Inc.
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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 district 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.A.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 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.
USR22-0015— Ursa Major Technologies, Inc.
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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 DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDATION FOR APPROVAL IS
CONDITIONAL UPON THE FOLLOWING:
1. Prior to recording the map:
A. 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)
B. 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)
C. 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)
D. 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)
E. 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)
F. 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)
G. A Final Drainage Narrative is required. (Department of Planning Services — Development
Review)
H. 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. (Department of Planning Services — Development Review)
I. 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)
USR22-0015— Ursa Major Technologies, Inc.
Page 5 of 12
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 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)
USR22-0015— Ursa Major Technologies, Inc.
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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)
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)
USR22-0015— Ursa Major Technologies, Inc.
Page 7 of 12
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)
2. 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)
3. 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 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)
8. 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)
9. 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)
10. 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)
11. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Department of Planning Services — Development Review)
12. The Property Owner shall comply with all requirements provided in the executed Improvements
Agreement. (Department of Planning Services — Development Review)
13. 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)
14. 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)
15. Weld County is not responsible for the maintenance of onsite drainage related features. (Department
of Planning Services — Development Review)
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16. The historical flow patterns and runoff amounts on the site will be maintained. (Department of
Planning Services — Development Review)
17. 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)
18. 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)
19. 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)
20. 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)
21. 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)
22. 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)
23. 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)
24. 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)
25. 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. (Department of
Public Health and Environment)
26. 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)
27. The facility shall comply with all provisions of the State Underground and Above Ground Storage
Tank Regulations. (Department of Public Health and Environment)
28. 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)
29. 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)
USR22-0015— Ursa Major Technologies, Inc.
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30. 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)
31. 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)
32. The facility shall notify the County of any revocation and/or suspension of any State issued permit.
(Department of Public Health and Environment)
33. 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)
34. 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)
35. 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)
36. 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.
37. 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.
38. 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."
39. 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."
40. 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."
USR22-0015— Ursa Major Technologies, Inc.
Page 10 of 12
41. 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.
42. 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
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, sand burs, puncture vines, territorial farm dogs and
USR22-0015— Ursa Major Technologies, Inc.
Page 11 of 12
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.
USR22-0015— Ursa Major Technologies, Inc.
Page 12 of 12
June 7, 2022
DEPARTMENT OF PLANNING SERVICES
1555 N 17th AVE
GREELEY, CO 80631
WEBSITE: www.weldgov.com
E-MAIL: mhall@weldgov.com
PHONE: (970) 400-3528
FAX: (970) 304-6498
TAYLOR MARK
3610 35TH AVE UNIT 6
EVANS, CO 80620
Subject: USR22-0015 - 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.
On parcel(s) of land described as:
THE NW4 AND PART OF THE E2 OF SECTION 8, T7N, R63W of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on July 12, 2022 at 12:30 p.m.
A subsequent hearing with the Board of County Commissioners will be held on August 17, 2022 at
10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150
O Street, Greeley, Colorado. The property owner and/or authorized agent must be in attendance to
answer any questions the Planning Commission members or Board of County Commissioners may
have.
Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of
all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld
County Planning Department with written certification indicating the above requirement has been met.
A representative from the Department of Planning Services will be out to the property a minimum of
ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road
right-of-way which identifies the hearing time, date, and location. In the event the property is not
adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent
place on the property and a second sign posted at the point at which the driveway (access drive)
intersects a publicly maintained road right-of-way.
The Department of Planning Services' staff will make a recommendation concerning this application to
the Weld County Planning Commission and will be included in the staff report one week prior to the
scheduled Planning Commission hearing. You may view the staff report at https://accela-
aca.co.weld.co.us/CitizenAccess
Respectfully,
4/ /7
Michael Hall
Planner
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