HomeMy WebLinkAbout20252371.tiffHearing Certification
Docket No. 2025-46
Board of County Commissioners
Weld County, Colorado
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
A public hearing was conducted on August 27, 2025, at 10:00 a.m., with the following
present:
Commissioner Perry L. Buck, Chair
Commissioner Scott K. James, Pro-Tem
Commissioner Jason S. Maxey
Commissioner Lynette Peppier
Commissioner Kevin D. Ross
Also present:
Acting Clerk to the Board, Jan Warwick
Deputy County Attorney, Karin McDougal
Department of Planning Services Representative, Molly Wright
Development Review Representative, Mike McRoberts
Development Review Manager, Dawn Anderson
Department of Planning Services Manager, Maxwell Nader
The following business was transacted:
I hereby certify that pursuant to a Notice dated July 16, 2025, and duly published July 18,
2025, in the Greeley Tribune, a public hearing was conducted to consider the request 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. Karin McDougal, Deputy County Attorney,
made this a matter of record.
Molly Wright, Department of Planning Services, presented a brief summary of the
proposal, principally engaged in the parking of approximately 15 commercial vehicles.
She described the size of the site and shared there will be up to ten (10) employees with
access during the week. She stated there will be no stockpiling, waste removal, or
maintenance of commercial vehicles, and a portable toilet and bottled water will be
adequate for the employees. She described the sign posting and location of site and
reviewed the criteria requirements. She relayed there are seven (7) USRs within one (1)
mile, and shared Notice was sent to nine (9) surrounding property owners, one letter was
received back outlining concerns of noise, traffic, and decreased property values, and
one (1) email was received with concerns of dust from cleaning of trucks, with a
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2025-2371
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Hearing Certification (USR25-0008) — Brian Rector
Page 2
suggestion of screening of mature trees to minimize dust to surrounding properties. She
stated the applicant has proposed a six (6) foot tall, opaque, cedar fence to mitigate
concerns. Ms. Wright stated this request will not remove active farmland from production,
as the site is currently residential, and water will be utilized for dust mitigation. Ms. Wright
entered the favorable recommendation of the Planning Commission into the record, as
written, and displayed images of the site and surrounding views.
Mike McRoberts, Department of Planning Services, Development Review, stated there is
an existing residential access onto County Road (CR) 53, which is a paved collector road,
the latest average daily traffic is 858 vehicles per day, with 17% trucks, and the 85th
percentile speed is 60 mph. He further stated the traffic information provided shows the
operation will generate 18 passenger vehicles per day, two (2) pump truck round trips per
day, two (2) pod truck round trips per day, and two (2) semi -truck round trips per day. He
explained Development Review is requiring a Road Maintenance Agreement, including,
but not limited to, damage repairs to specified haul routes, a Drainage Narrative has been
submitted, a berm around the perimeter of the parking area will be required for water
quality, and a Grading permit is required if more than one (1) acre of land is disturbed.
Commissioner Maxey asked about dust control in the Road Maintenance Agreement, and
Mr. McRoberts acknowledged it can be stricken from the Conditions of Approval (COAs),
in regard to traffic flow areas. As an interjection to that portion of the conversation,
Commissioner Ross commented identifying traffic flow may assist other USR requests in
identifying potential ingress and egress. Commissioner James shared he believes boiler
plate language is a one size fits all solution which should be adjusted for each individual
request. Dawn Anderson, Development Review Manager, shared the traffic flow
designation is for safety purposes, making sure the trucks can move around on the
property safely in regard to ingress and egress.
Brian Rector, Applicant, alongside his representative, David Huwa, Colorado Civil Group,
responded to Chair Buck and indicated they had not had contact with any of the
Commissioners regarding this case. Mr. Rector stated his appreciation to the County for
staff's assistance in the process, and Mr. Huwa agreed. He stated, in regard to the
Maintenance Agreement, Mr. Rector's use is two to three percent (2-3%) of the average
daily traffic. Commissioner Maxey relayed the applicant's use of the road would be
included in the overall traffic count, so his use is taken into account. Ms. Anderson
confirmed the applicant's proportional share of the traffic is all the applicant would be
responsible for, and traffic volume is evaluated at the time of improvements. In response
to Commissioner Maxey, Mr. Rector replied the shop is for personal use, and not used
for commercial maintenance, rather, washing of cement trucks occurs at the pad at the
location of delivery and no clean-up of tanks occurs in the yard. He stated he has a
pressure washer for personal use.
No public testimony was offered concerning this matter.
2025-2371
PL2966
Hearing Certification (USR25-0008) — Brian Rector
Page 3
The Board discussed the Conditions of Approval, and Commissioner Maxey suggested
removal of the reference to dust control in COA #1.A. Commissioner Ross suggested
Development Standard (DS) #6 be stricken. The Board agreed to all of the
aforementioned changes.
In response to Chair Buck, Mr. Rector indicated they have reviewed, and agreed to abide
by, the Conditions of Approval and Development Standards, as amended.
No public testimony was offered regarding changes made to the Conditions of Approval
and Development Standards.
In response to Commissioner Maxey's inquiry on repercussions of repairs on the site in
regard to Environmental Health, Ms. Wright shared a Waste Management plan would be
implemented if the applicant were proposing disposal and storage of oil onsite. In this
instance, that is not required as all maintenance occurs off -site. Mr. Rector confirmed oil
changes are sent to commercial mechanic shops. Ms. McDougal suggested inserting the
word "commercial" to clarify the type of maintenance prohibited. Commissioner Ross
reiterated his belief that DS is not relevant in this instance. Following further discussion,
Maxwell Nader, Department of Planning Services Manager, stated vehicle repair is
defined in the Code, and he suggested DS #6 be modified to state, "No vehicle
service/repair establishment uses, as defined in Section 23-1-90 the Weld County Code,
as amended, washing or service shall occur onsite."
No public testimony was offered regarding the additional changes made to the Conditions
of Approval and Development Standards.
Commissioner Ross moved to approve the request 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, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards, as amended.
The motion was seconded by Commissioner Maxey, and it carried unanimously. There
being no further discussion, the hearing was completed at 10:34 a.m.
2025-2371
PL2966
Hearing Certification (USR25-0008) — Brian Rector
Page 4
The Board of County Commissioners of Weld County, Colorado, approved the above
and foregoing Hearing Certification, on motion duly made and seconded, by the following
vote on the 10th day of September, A.D., 2025:
Perry L. Buck, Chair: Aye
Scott K. James, Pro-Tem: Aye
Jason S. Maxey: Excused Date of Approval
Lynette Peppier: Aye
Kevin D. Ross: Excused Date of Approval
Attest:
Esther E. Gesick, Clerk to the Board
2025-2371
PL2966
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