HomeMy WebLinkAbout20252357.tiffResolution
Approve 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 — Brian Rector
Whereas, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
Whereas, the Board of County Commissioners held a public hearing on the 27th day of
August, 2025, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Brian Rector, 20601 County Road 53, Kersey, Colorado 80644,
for 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, on the following described real estate, being more
particularly described as follows:
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
Whereas, at said hearing, the applicant was present, and represented by Colorado Civil
Group, Inc., 2204 Hoffman Drive, Loveland, Colorado 80538, and
Whereas, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
Whereas, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the
Weld County Planning Commission, and all of the exhibits and evidence presented in this
matter, and having been fully informed, finds that this request shall be approved for the
following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
2. The applicant has demonstrated that the request is in conformance with
Section 23-2-230.B of the Weld County Code as follows:
A. Section 23-2-230.8.1 — The proposed use is consistent with Chapter 22
[Weld County Comprehensive Plan] and any other applicable code
provisions or ordinance in effect.
1) Section 22-2-60.8 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, which will be
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Use by Special Review Permit, USR25-0008 — Brian Rector
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a 52,200 -foot storage yard. This facility will be used to store
commercial vehicles. The commercial vehicles onsite include two to
three (2-3) pumper trucks 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.
2) 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."
Access will be from County Road (CR) 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 CR 44, and approximately 0.50 miles north of CR 42. CR 53,
CR 44, and CR 42 are maintained by Weld County.
B. Section 23-2-230.B.2 — The proposed use is consistent with the intent of the
A (Agricultural) Zone District.
1) Section 23-3-10 — Intent, states: "Agriculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industrial and residential land uses. The A (Agricultural)
Zone District is established to maintain and promote agriculture as
an essential feature of the County. The A (Agricultural) Zone District
is intended to provide areas for the conduct of agricultural activities
and activities related to agriculture and agricultural production, and
for areas for natural resource extraction and energy development,
without the interference of other, incompatible land uses."
2) Section 23-3-40.V Uses by Special Review, of the Weld County
Code allow for "Oil and Gas Support and Service" in Lots outside of
a subdivision and historic townsite in the A (Agricultural) Zone
District.
3) Section 23-1-90 states: Oil and Gas Support and 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 23-2-230.B.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 (1) mile of the site.
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To the south of the subject property there are USRs 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
USRs 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 4,000 cows (AMUSR-1140). The Weld County Department of
Planning Services sent notice to nine (9) surrounding property owners
(SPOs) within 500 feet of the subject property. One (1) letter was received,
dated May 21, 2025, outlining concerns regarding noise, traffic on CR 53,
and property value. One (1) 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 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 SPO concerns.
D. Section 23-2-230.B.4 — The uses which will be permitted will be compatible
with future development of the surrounding area, as permitted by the
existing zoning, and with the future development, as projected by
Chapter 22 of the Weld County Code and any other applicable code
provisions or ordinances in effect, of the adopted Master Plans of affected
municipalities. The site is not located within a Coordinated Planning
Agreement area, Intergovernmental Agreement (IGA) area, or within the
three (3) mile referral area of any municipality.
E. Section 23-2-230.B.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 23-2-230.B.6 — The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use. The Natural Resources Conservation Services (NRCS) Soil Survey
indicated 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.
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G. Section 23-2-230.B.7 — The Design Standards (Section 23-2-240, Weld
County Code), Operation Standards (Section 23-2-250, Weld County
Code), Conditions of Approval and Development Standards can ensure that
there are adequate provisions for the protection of the health, safety, and
welfare of the inhabitants of the neighborhood and County.
Now, therefore, be it resolved by the Board of County Commissioners of Weld County,
Colorado, that the application of Brian Rector, for 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, on the
parcel of land described above, be, and hereby is, granted subject to the following
conditions:
1. Prior to recording the map:
A. A Road Maintenance Agreement is required at this location. Road
maintenance includes, but is not limited to, damage repair to specified haul
routes.
B. The map shall be amended to delineate the following:
1) All sheets of the map shall be labeled USR25-0008.
2) The attached Development Standards.
3) The map shall be prepared in accordance with Section 23-2-260.D
of the Weld County Code.
4) The map shall delineate the existing and proposed screening.
5) The map shall delineate the parking area for the trucks.
6) The applicant shall delineate the trash collection areas on the map.
Section 23-2-240.A.13 of the Weld County Code addresses the issue
of trash collection areas.
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.
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
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location of the road. All setbacks shall be measured from the edge
of the right-of-way. This road is maintained by Weld County.
9) The applicant shall 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.
10) The applicant shall show and label the approved tracking control.
11) The applicant shall show and label the entrance gate, if applicable.
An access approach that is gated shall be designed so that the
longest vehicle (including trailers) using the access can completely
clear the traveled way when the gate is closed. In no event shall the
distance from the gate to the edge of the traveled surface be less
than 35 feet.
12) The applicant shall show and label the drainage flow arrows.
13) The applicant shall show and label the parking and traffic circulation
flow arrows showing how the traffic moves around the property.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit
one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld
County Department of Planning Services. Upon approval of the map the applicant
shall submit a 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 120
days from the date of the Board of County Commissioners Resolution. The
applicant shall be responsible for paying the recording fee.
3. In accordance with Appendix 5-J of the Weld County Code, should the map not be
recorded within the specified timeline from the date of the Board of County
Commissioners Resolution, a $50.00 recording continuance fee shall be added for
each additional three (3) -month period.
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.
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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 Weld County Engineering and Construction Criteria
(WCECC) manual.
B. The applicant shall install the required tracking control.
C. If more than one (1) acre is to be disturbed, a Weld County Grading Permit
will be required.
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.
Use by Special Review Permit
Development Standards
Brian Rector
USR25-0008
1. Use by Special Review Permit, USR25-0008, is 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.
2. Approval of this plan may create a vested property right, pursuant to
Section 23-8-10 of the Weld County Code.
3. The hours of operation are 7:00 a.m. to 6:30 p.m., Monday through Sunday, as
stated in the application materials.
4. The number of employees shall be up to ten (10), as stated in the application
materials.
5. There will be up to 15 commercial vehicles onsite at a time, as stated in the
application materials.
6. No vehicle service/repair establishment uses, as defined in Section 23-1-90 of the
Weld County Code, as amended, washing, or service shall occur onsite.
7. No derelict vehicles, as defined in Section 23-1-90 of the Weld County code, shall
be stored on the site.
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8. The parking area on the site shall be maintained.
9. All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code,
if applicable.
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.
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.
12. The property owner or operator shall be responsible for controlling noxious weeds
on the site, pursuant to Chapter 15, Articles I and II, of the Weld County Code.
13. The access to the site shall be maintained to mitigate any impacts to the public
road, including damages and/or off -site tracking.
14. There shall be no parking or staging of vehicles on public roads. On -site parking
shall be utilized.
15. Any work that may occupy and/or encroach upon any County rights -of -way or
easement shall require an approved Right -of -Way Use Permit, prior to
commencement.
16. The property owner shall comply with all requirements provided in the executed
Improvements and Road Maintenance Agreement.
17. The Road Maintenance Agreement for this site may be reviewed on an annual
basis, including a site visit and possible updates.
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.
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19. Weld County is not responsible for the maintenance of on -site drainage related
features.
20. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, C.R.S. §30-20-100.5) shall be stored and removed for final disposal
in a manner that protects against surface and groundwater contamination.
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, C.R.S. §30-20-100.5.
22. Waste materials shall be handled, stored, and disposed of in a manner that
controls fugitive dust, fugitive particulate emissions, blowing debris, and other
potential nuisance conditions. The facility shall operate in accordance with
Chapter 14, Article I of the Weld County Code and the accepted Waste Handling
Plan.
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.
24. Any On -site Wastewater Treatment System (OWTS) located on the property must
comply with all provisions of the Weld County Code, pertaining to OWTS.
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 onsite 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.
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
have been adopted by Weld County: 2018 International Codes, 2018 International
Energy Conservation Code, 2023 National Electrical Code, and Chapter 29 of the
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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, or an Open Hole Inspection
shall be required. A Building Permit must be issued prior to the start of construction.
29. Building Permits issued on the proposed lots will be required to adhere to the fee
structure of the County -Wide Road Impact Fee, County Facility Fee, and Drainage
Impact Fee Programs.
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
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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.
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Resolution, on motion duly made and seconded, by the following vote on
the 27th day of August, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Aye
Lynette Peppier: Aye
Kevin D. Ross: Aye
Approved as to Form:
Bruce Barker, County Attorney
Attest:
Esther E. Gesick, Clerk to the Board
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