HomeMy WebLinkAbout20252358.tiffBefore the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Michael Wailes, that the following resolution be introduced for passage by the Weld County
Planning Commission. Be it resolved by the Weld County Planning Commission that the application for:
Case Number.
Applicant:
Planner:
Request:
Legal Description:
Location:
USR25-0008
Brian Rector
Molly Wright
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.
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.
West of and adjacent to County Road 53; approximately 0.36 miles south of
County Road 44.
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 [Weld County
Comprehensive Plan] and any other applicable code provisions or ordinance in effect.
Section 22-2-60.8. 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. 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
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.
Resolution USR25-0008
Brian Rector
Page 2
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
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
Resolution USR25-0008
Bnan Rector
Page 3
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 Planning Commission 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)
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
Resolution USR25-0008
Bnan Rector
Page 4
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)
Resolution USR25-0008
Brian Rector
Page 5
Motion seconded by Cole Ritchey
VOTE
For Passage
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Calven Goza
Cole Ritchey
Against Passage Absent
Hunter Rivera
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on August 5, 2025
Dated the 5111 of August, 2025
Kristine Ranslem
Secretary
Resolution USR25-0008
Brian Rector
Page 6
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)
Resolution USR25-0008
Brian Rector
Page 7
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
pending 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)
Resolution USR25-0008
Bnan Rector
Page 8
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
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 ini
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
Summary of the Weld County Planning Commission Meeting
Tuesday, August 5, 2025
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair
Butch White, at 1:30 p.m.
Roll Call
Present: Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer. Michael Palizzi,
Michael Wailes, Virginia Guderjahn
Absent: Hunter Rivera
Also Present: Diana Aungst, Maxwell Nader, Molly Wright. Angela Snyder, Department of Planning
Services, Mike McRoberts, Development Review, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location
USR25-0008
Brian Rector
Molly Wright
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.
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.
West of and adjacent to County Road 53; approximately 0.36 miles south of
County Road 44.
Molly Wright, Planning Services, presented Case USR25-0008, reading the recommendation and
comments into the record. Ms. Wright noted that one (1) letter was received outlining concerns regarding
noise, traffic on County Road 53, and decrease in property value. An email was also received with concerns
of cleaning of cement trucks, unpermitted removal of soil, and has requested screening of mature trees to
minimize dust to neighboring properties. The Department of Planning Services recommends approval of
this application along with conditions of approval and development standards.
Mike McRoberts, Development Review, reported on the existing traffic, access to the site and drainage
conditions for the site.
Brian Rector, 20601 CR 53, Kersey, Colorado and David Huwa, 13648 CR 64, Greeley, Colorado. Mr.
Huwa said that when Mr. Rector purchased this property, he had planned to have this as his residence but
he also wanted to keep his high -value equipment on site. Mr. Huwa provided a brief overview of the layout
of the site.
Commissioner Wailes clarified if they are backfilling the plug and abandoned wells. Mr. Rector replied yes.
Mr. Wailes asked how he will keep these vehicles clean. Mr. Rector said that while they are on location
they run water back through and clean the trucks really good and put it in a clean-up tank that is on location.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
No one wished to speak.
The Chair asked the applicant if they have read through the Development Standards and Conditions of
Approval and if they are in agreement with those. The applicant replied that they are in agreement.
Motion: Forward Case USR25-0008 to the Board of County Commissioners along with the Conditions of
Approval and Development Standards with the Planning Commission's recommendation of approval,
Moved by Michael Wailes, Seconded by Cole Ritchey.
1
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Barney Hammond, Butch White, Calven Goza, Cole Ritchey, Michael Biwer, Michael Palizzi, Michael
Wailes, Virginia Guderjahn
Meeting adjourned at 4 49 p m
Respectfully submitted,
d3\icSbneJ Aii-ate4t- .
Kristine Ranslem
Secretary
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