HomeMy WebLinkAbout20252359.tiffLAND USE APPLICATION
SUMMARY SHEET
Planner: Molly Wright
Case Number: USR25-0008
Applicant: Brian Rector
20601 County Road 53, Kersey, CO 80644
Authorized Agent: Colorado Civil Group Inc. c/o David Huwa
2204 Hoffman Drive, Loveland, CO 80538
Request:
Hearing Date: August 5, 2025
A Use by Special Review Permit for Oil and Gas Support and Service (truck parking
and equipment storage) outside of subdivisions and historic townsites in the A
(Agricultural) Zone District.
Legal Lot A of Recorded Exemption RE -3209; Being a part of the NE4 of Section 20,
Description: Township 4 North, Range 64 West of the 6th P.M., Weld County, Colorado.
Location: West of and adjacent to County Road 53; approximately 0.36 miles south of County
Road 44
Size of Parcel: +1- 7.065 acres Parcel No. 1053-20-1-00-032
The criteria for review of this Special Review Permit 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:
❖ Weld County Department of Public Health and Environment, referral dated May 12, 2025
❖ Weld County Department of Planning Services — Development Review, referral dated May 23, 2025
The Department of Planning Services' staff has received referral responses without comments from the
following agencies:
❖ Weld County Sheriff's Office, referral dated April 28, 2025
❖ Division of Water Resources, referral dated May 19, 2025
❖ Weld County School District RE -7, referral dated April 28, 2025
❖ Central Weld County Water District, referral dated May 20, 2025
❖ Platte Valley Fire Protection District, referral dated May 13, 2025
❖ Weld County Oil and Gas Energy Department, referral dated April 30, 2025
The Department of Planning Services' staff has not received responses from the following agencies:
❖ Colorado Parks and Wildlife
❖ West Greeley Conservation District
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Case Summary:
The applicant is requesting a Use by Special Review for an oil and gas support and service business, that
is principally engaged in parking of up to fifteen (15) commercial vehicles. The commercial vehicles on site
include two to three (2-3) pumper truck that specialize in holding Class G Cement, used for plugging and
abandoning wells, two to three (2-3) pod trucks, two to three (2-3) semis with flatbed trailers and six to nine
(6-9) pickup trucks.
The storage yard will be 52,200 square feet. This storage yard will be surrounded by a six (6) foot cedar
fence for screening purposes. The facility will have employees on site at 7:00am to pickup trucks, and the
employees will be back on site around 6:30pm There will be up to ten (10) employees who access the site
seven (7) days a week.
There are no proposed buildings associated with the Use by Special Review (USR), along with no
customers coming to the site. The applicant is not proposing any stockpiling. No waste removal is required
apart from the residence on site. There will also not be any maintenance of commercial vehicles on site.
Employees will have access to a portable toilet and bottled water.
The subject property has a closed Code Violation (ZCV22-00217) that was initiated due to the presence of
the proposed Oil and Gas Support and Service facility without the proper permitting. The violation was
resolved with the submittal of the Use by Special Review (USR).
DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE
APPROVED FOR THE FOLLOWING REASONS:
1. The submitted materials are in compliance with the application requirements of Section 23-2-260
of the Weld County Code.
2. It is the opinion of the 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 22-2-60.B. states: "Support responsible energy and mineral development.
This is a request for Oil and Gas Support and Service which helps promote the ongoing energy
and mineral development by supporting the ongoing operations. The facility will be a 52,200 -
foot storage yard. This facility will be used to store commercial vehicles. The commercial
vehicles on site include two to three (2-3) pumper truck that specialize in holding Class G
Cement, used for plugging and abandoning wells, two to three (2-3) pod trucks, two to three
(2-3) semis with flatbed trailers and six to nine (6-9) pickup trucks.
Section 22-2-60.B.2. states, "Ensure that infrastructure, such as adequate roads and utilities,
exists or can be made available prior to development of energy and mineral resource
production facilities."
The access will be from County Road 53. The applicant will be required to update the existing
residential access to include commercial uses. This site is located approximately 0.36 miles
south of County Road 44, and approximately 0.50 miles north of County Road 42. County Road
53, County Road 44, and County Road 42 are maintained by Weld 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
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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."
Section 23-3-40.V. Uses by Special Review, of the Weld County Code allows for a "Oil and
Gas Support and Service" in Lots outside of a subdivision and historic townsite in the (A)
Agricultural Zone District.
Section 23-1-90. states that Oil and Gas Support & Service includes oil and gas company
offices and oil and gas storage yards. Section 23-3-40.V. allows the applicant to apply for the
oil and gas support and service for truck and equipment storage.
C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing
surrounding land uses.
The adjacent properties are zoned A (Agricultural) and the land uses include residences,
pasture land, and farmland.
There is a total of seven (7) USRs within one mile of the site. To the south of the subject
property there is a Use by Special Review for a hog farm (SUP -197), a kennel up to 100 dogs
(USR17-0058), and a non -1041 Major Facility of a Public Utility. To the North of the subject
property there are Use by Special Reviews for a commercial trucking business (USR19-0027),
a 40x80 shop and semi parking (USR15-0004), a second single family dwelling (CUP -31), and
a dairy for 4000 cows (USR-1140AM).
The Weld County Department of Planning Services sent notice to nine (9) surrounding property
owners within five hundred (500) feet of the subject property. One letter, dated May 21, 2025,
was received outlining concerns regarding noise, traffic on County Road 53, and property
value. One email was received, dated May 25, 2025, outlining concerns regarding the cleaning
of cement trucks which blows the remaining dust into the air to cover surrounding properties
and further impacts animals, unpermitted removal of soil, and has requested to have screening
of mature trees to minimize the dust impacts to surrounding properties, as well as help minimize
the decrease in property values. The applicant has proposed a six (6) foot tall opaque fence to
help mitigate some of the surrounding property owner concerns.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities.
The site is not located within a Coordinate Planning Area, Intergovernmental Agreement area,
or within the three (3) mile referral area of any municipality.
E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the
Weld County Code.
The property is not within the A -P (Airport) Overlay District, 1-25 Overlay District, the Geologic
Hazard Overlay District, the MS4 - Municipal Separate Storm Sewer System area, the Special
Flood Hazard Area, the Historic Townsites Overlay District, or the Agricultural Heritage Overlay
District.
Building Permits issued on the lot will be required to adhere to the fee structure of the County -
Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs.
F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime
agricultural land in the locational decision for the proposed use.
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The Natural Resources Conservation Services (NRCS) Soil Survey indicates that the entirety
of the site is located on soils designated as Vona loamy sand (3-5%) slopes, classified as 'Not
Prime Farmland'. This USR will not be removing active farmland from production as the site is
currently being used as residential. The land can be returned to historic use.
G. Section 23-2-220.A.7 — There are 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.
This proposal has been reviewed by the appropriate referral agencies and it has been
determined that the attached conditions of approval and development standards ensure that
there are adequate provisions for the protection of the health, safety and welfare of the
inhabitants of the neighborhood and county and will address and mitigate impacts on the
surrounding area with the operation of this facility.
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. A Road Maintenance Agreement is required at this location. Road maintenance includes, but
is not limited to, dust control and damage repair to specified haul routes. (Development Review)
B. The map shall be amended to delineate the following:
1. All sheets of the map shall be labeled USR25-0008. (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County
Code. (Department of Planning Services)
4. The map shall delineate the existing and proposed screening. (Department of Planning
Services)
5. The map shall delineate the parking area for the trucks. (Department of Planning Services)
6. The applicant shall delineate on the map the trash collection areas. Section 23-2-240.A.13
of the Weld County Code addresses the issue of trash collection areas. (Department of
Planning Services)
7. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2
of the Weld County Code, if applicable. (Department of Planning Services)
8. County Road 53 is a paved road and is designated on the Weld County Functional
Classification Map as a collector road which requires 80 feet of right-of-way at full buildout.
The applicant shall delineate and label the future and existing right-of-way (along with the
documents creating the existing right-of-way) and the physical location of the road. All
setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld
County. (Development Review)
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9. Show and label the approved access location, approved access width and the appropriate
access turning radii (65'). The applicant shall upgrade the existing access permit to include
commercial uses. (Development Review)
10. Show and label the approved tracking control. (Development Review)
11. 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. (Development Review)
12. Show and label the drainage flow arrows. (Development Review)
13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves
around the property. (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 USR map along with all other
documentation required as Conditions of Approval. The USR 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 USR 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 specified timeline from the date of the Board of County Commissioners Resolution, a $50.00
recording continuance fee shall be added for each additional 3 -month period. (Department of
Planning Services)
4. The Use by Special Review Permit 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 plat 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 shall be modified as necessary to meet the commercial geometric
requirements defined in Table 8-3, of Section 8.6.1., of the WCECC manual. (Development
Review)
B. The applicant shall install the required tracking control. (Development Review)
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required.
(Development Review)
6. Prior to Operation:
A. The applicant shall install the parking area perimeter water quality berm and signage specified
in the accepted Final Drainage Report. (Development Review)
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USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rector
USR25-0008
1. A Use by Special Review Permit, USR25-0008, for Oil and Gas Support and Service (truck parking and
equipment storage), outside of subdivisions and historic townsites 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 hours of operation are 7:00am to 6:30pm Monday through Sunday, as stated in the application
materials. (Department of Planning Services)
4. The number of employees shall be ten (10), as stated in the application materials. (Department of
Planning Services)
5. There will be up to fifteen (15) commercial vehicles on site at a time, as stated in the application
materials. (Department of Planning Services)
6. No vehicle repair, washing, or service shall occur on site. (Department of Planning Services)
7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall be stored on the site.
(Department of Planning Services)
8. The parking area on the site shall be maintained. (Department of Planning Services)
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable.
(Department of Planning Services)
10. The existing landscaping and screening on the site shall be maintained in accordance with the approved
Landscape and Screening Plan. Required landscaping and screening shall be installed within one (1)
calendar year of issuance of a building permit or commencement of use, whichever occurs sooner.
Dead or diseased plant materials shall be replaced with materials of similar quantity and quality at the
earliest possible time. (Department of Planning Services)
11. 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)
12. 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. (Development Review)
13. The access to the site shall be maintained to mitigate any impacts to the public road, including damages
and/or off -site tracking. (Development Review)
14. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized.
(Development Review)
15. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire
an approved Right -of -Way Use Permit prior to commencement. (Development Review)
16. The Property Owner shall comply with all requirements provided in the executed Improvements and
Road Maintenance Agreement. (Development Review)
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17. The Road Maintenance Agreement for this site may be reviewed on an annual basis, including a site
visit and possible updates. (Development Review)
18. The historical flow patterns and runoff amounts will be maintained on the site in such a manner that it
will reasonably preserve the natural character of the area and prevent property damage of the type
generally attributed to runoff rate and velocity increases, diversions, concentration and/or unplanned
ponding of stormwater runoff. (Development Review)
19. Weld County is not responsible for the maintenance of onsite drainage related features. (Development
Review)
20. 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)
21. 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)
22. 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 facility shall operate
in accordance with Chapter 14, Article 1 of the Weld County Code and the accepted waste handling
plan. (Department of Public Health and Environment)
23. 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 and the accepted dust abatement plan.
(Department of Public Health and Environment)
24. Any On -site Wastewater Treatment system 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)
25. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the
facility, at all times. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes, as necessary.
26. For employees or patrons on site for less than two (2) consecutive hours a day, 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.
27. 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)
28. Building permits may be required for any new construction, set up of manufactured structures, or
change of use of existing buildings per Section 29-3-10 of the Weld County Code. Buildings and
structures shall conform to the requirements of the various codes adopted at the time of permit
application. Currently the following has been adopted by Weld County: 2018 International Building
Codes, 2018 International Energy Code, 2023 National Electrical Code, and Chapter 29 of the Weld
County Code. A Building Permit Application must be completed and two (2) complete sets of
engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A Geotechnical Engineering Report, performed by a Colorado registered
engineer, shall be required or an Open Hole Inspection. A building permit must be issued prior to the
start of construction. (Department of Building Inspection)
29. Building Permits issued on the proposed lots will be required to adhere to the fee structure of the County
Facility Fee, County -Wide Road Impact Fee, and Drainage Impact Fee Programs.
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30. All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended.
31. The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code.
32. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and
Public Health and Environment shall be granted access onto the property at any reasonable time in
order to ensure the activities carried out on the property comply with the Conditions of Approval and
Development Standards stated herein and all applicable Weld County regulations.
33. 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.
34. 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.
35. Construction or use pursuant to approval of a Use by Special Review Permit shall be commenced within
three (3) years from the date of Board of County Commissioners signed Resolution, unless otherwise
specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall
be vacated.
36. This 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.
37. 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.
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June 20, 2025
DEPARTMENT OF PLANNING SERVICES
1402 North 17th Ave
Greeley, CO 80631
Website: www.weld.gov
Email: mrwright@weld.gov
Phone: (970) 400-3525
Fax: (970) 304-6498
David Huwa
2204 Hoffman Drive
Loveland, CO 80538
Subject: USR25-0008 - A Use by Special Review Permit for Oil and Gas Support and Service (truck
parking and equipment storage) outside of subdivisions and historic townsites in the A (Agricultural)
Zone District.
On parcel(s) of land described as:
Lot A of Recorded Exemption, RE -3209; being part of the NE1/4 of Section 20, Township 4 North,
Range 64 West of the 6th P.M., Weld County, Colorado.
Dear Applicants:
I have scheduled a meeting with the Weld County Planning Commission on August 5, 2025 at 1:30
p.m. A subsequent hearing with the Board of County Commissioners will be held on August 27, 2025
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://aca-
prod.accela.com/WELD/
Respectfully,
uc
Mollyri ht
9
Planner
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