HomeMy WebLinkAbout20242154.tiffINVENTORY OF ITEMS FOR CONSIDERATION
Applicants Samuel and Laura Gavito
Case Number USR24-0011
Submitted or Prepared
Prior to
Hearing
At
Hearing
1
Veronica Cantrell
— letter
received
May
15,
2024 — support
X
2
Dr. William
2020
M.
Lewis Jr and
Dianne
S. Jacobini
— letter
received
May
17,
X
3
Michael
Kanzler
— letter
received
May
23, 2024
—
X
questions/concerns
4
Response
to
the
Surrounding
Property
Owner letter
from the
applicant
X
5
Presentation
from the
applicant
X
I hereby certify that the five items identified herein was submitted to the Department of Planning Services at
or prior to the scheduled Planning Commissioners' hearing.
Diana Aungst, Planner
Diana Aungst
From:
Sent:
To:
Subject:
Dear Ms. Cantrell:
Diana Aungst
Wednesday, May 15, 2024 12:31 PM
Veronica Cantrell
RE: USR application - Gavito Trucking Inc
Thank you for your email. Your letter will be placed in the file. Just a clarification there is no 13 -foot barrier
required and as far as I know turn lanes will not be required as you stated the number of trucks really doesn't
require a turn lane. The turn lane requirement, if there is one, will be made by the traffic engineer. The County
is required to notify all property owners within 500 feet but if you wish to let others know about this case we
welcome all feedback.
Regards,
Diana Aungst
AICP, CFM
Planner Ill
Weld County Department of Planning Services
1402 N. 17th Avenue, PQ Box 758, Greeley, Colorado 80632
D: 970-400-3524
O: 970-400-6100
Fax: 970-304-6498
daungst@weld.gov
www.weld.gov
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From: Veronica Cantrell <hide0away@aol.com>
Sent: Wednesday, May 15, 2024 11:58 AM
To: Diana Aungst <daungst@weld.gov>
Subject: USR application - Gavito Trucking Inc
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Dear Ms. Aungst,
I am writing you to add public comments to the USR application submitted by Gavito Trucking Inc.
1
The mission statement listed on your website states: "To protect and enhance the quality of life for
county residents through the implementation of the adopted comprehensive Plan, Weld County Code,
and building Codes while providing professional, friendly and quality customer service to the
community".
I will be referring to your mission statement as I give my comments to the USR application and the
unfair and unrealist requirements asked of the applicants by the Weld County Planning Department.
I live directly to the south of Sam and Laura Gavito. I have a tremendous amount of respect for their
business and their commitment to this community to cause no impact to our quality of life.
They Gavitos demonstrate this by requiring the following expectations from their employees and
themselves:
• Absolutely no jake breaks allowed
• Strict adherence to a 5 mile per hour speed limit up their driveway
• Careful maintenance of their driveway to mitigate any dust pollution
• Continually asking for feedback to ensure that neighbors have no issues related to their trucks
Weld County requirements that I find unfair and would negatively impact the quality of life for myself
and my neighbors include:
• The required 13 -foot barrier to hide the trucks from public view. This is absolutely
unnecessary. You have to look hard to see the trucks that are down the hill from the road and
out of sight from surrounding neighbors. The greatest asset we have by living in this location is
the beautiful view of the river bottom. A large screen would block that view for all of the
community and ultimately wind up in a landfill. A natural hedge would be better for the
environment if the county has to do something, but no requirement at all would be preferable.
• The requirement of turn lanes. That is a ridiculous request! This company rarely has more than
two trucks leaving and returning in a day unlike the gravel pit to the south of our property that has
hundreds of trucks a day.
I would also like to mention that many of the neighbors I have talked to who are within the distance of
impact never received any notification from the county. Therefore, many of the neighbors who want
to give comment were never informed of the deadline or who they should send their comments to.
That in not acceptable. Each person involved must receive the same information and be allowed to
comment to ensure the Gavito family has a fair representation of what the community wants to share.
If you have any questions feel free to call.
Sincerely,
Veronica Cantrell
303-717-2237
2
May 17, 2024
William M. Lewis, Jr.
Dianne S. Jacobini
11446 County Road 23
Fort Lupton, CO 80621
240-305-5549
Weld County Planning Services
1402 N. 17th Avenue,
P.O.-Box 758
Greeley. CO 80632
EXHIBIT
2
Case# USR24-OO11
Name: Laura & Samuel Gavito
Proposed Project: USR for Oil and Gas Support and Service
(truck parking) in the Agricultural Zone
District
Planner: Diana Aungst
Dear Ms. Aungst:
RECEIVED
MAY 282024
Weld County Plannir.9De9"
At the current time we would like to lodge an objection to the proposed request for a zoning variance
pending resolution of our various concerns.
Our concerns and questions regarding the proposed project are as follows:
1. There is an easement to our property which runs through the Gavito property. The easement
begins at CR 23 and ends at a gate which opens to our land at the narrow end of the Gavito
property (The narrow end of the Gavito property is shown on the property outline in the
proposal). This easement is more than four decades in use. While our use of the easement is
infrequent, it is critical to our full use of the south part of our farm, as it is the entry for heavy
equipment and for some agricultural purposes. In the past year, the Gavitos have obstructed
use of the easement. Approval of the proposed project could further restrict use of the
easement.
2. Currently the Gavitos are parking somewhere between 2-5+ heavy long -haul trucks at the back
of their property---i.e, the narrow end. We are concerned that any approval of the proposed
change must make clear that no trucks are to be parked in such a way as to encroach onto the
easement.
3. The trucks are quite large and access the truck storage/parking area via a driveway from County
Road 23. We have an irrigation pipe running along County Road 23 and buried underneath this
driveway. So there is some potential that heavy traffic could potentially damage this pipe. We
would want assurance that any damage to our irrigation pipe would be reimbursed/covered by
the Gavitos.
4 Since the parking area is immediately contiguous to our property, we would like to ensure our
property would not suffer damage/contamination as follows:
a. Would trucks be washed or serviced (including oil changes)?
b. Would there be employees?
c. Would there be port -a -potties?
S. The application is incorrect:
a. It states that the property is NOT currently in violation. We believe this is incorrect as
several trucks have been parked there for years.
b. The Gavitos are not engaged in Oil and Gas Support and Service. The trucks are clearly
used for long -haul transit.
We would like to have our concerns addressed.
Thank you)
,scis
Dr. William M. Lewis, Jr.
r,
Dianne S. Jacobini
Michael Kanzler
11528 County Road 23
Fort Lupton, Co 80621
May 23, 2024
Weld County Planning Servies
1402 N. 17th Avenue
P.O. Box 758
Greeley, Co 80632
Planner: Diana Aungst
.D
S
EXHIBIT
3
Case # USR24-0011 Laura & Samuel Gavito
RECEIVED
2 d
Weld County Planning Dept
At this time, I would like to question some items about this rezoning.
1. This tucking company is only a 1/4 mile from a gravel pit, with extra truck traffic.
2. How many employees do they have. Do they have restrooms for their employes
3. Where are their offices located
4. How many trucks are going to be operated out of this location?
5. Are they going to keep large animals on this property.
6. Are they going to use the large building for truck maintenance and what type (washing,
oil changes, etc.).
7. This is a non -emission area, I think a trucking company with more than 5 trucks needs
emission testing.
8. What are their future expansion plan.
9. How does this company benefit the community
Michael Kanzler
Diana Aungst
From: Hannah Dutrow <hdutrow@agpros.com>
Sent: Tuesday, July 23, 2024 11:21 AM
To: Diana Aungst
Cc: Tim Naylor; Kelsey Bruxvoort
Subject: RE: Surrounding Property Owner's Letters
N
d
S
EXHIBIT
4
Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Good morning, Diana
Thank you for talking with Kelsey and me about this. Here is the information you requested for USR24-0011.
In response to Mr. Lewis letter:
1 & 2. The landowners are aware of the easement which is a civil matter. The easement location is shown on the
USR map and indicates the parking for their operation does not block the 16' easement.
3. Should the irrigation line be damaged as a result of the Gavito's operations, the matter would be addressed
privately between the landowners. It should be noted that the access easement is also utilized by Mr. Lewis, as he states
in his letter, for heavy equipment as well as oil and gas operators for locations east of the site which involves heavy truck
traffic.
4. The application indicates there will only be off -site employees and no truck washing and servicing will occur
on the property. In addition, port -a -potties will be used for the off -site employees in compliance with Weld County
regulations.
5. The operation was recently placed in violation which this USR seeks to address. The use is for oil and gas
support service business and custom farming.
Mr. Kanzler's letter requested clarifying information which was included in the application. Our contact information is
included in the application materials and is readily available should they wish to discuss the matter further. Our
understanding is Mr. Kanzler had a phone call with Weld County Planning staff who described the operations in detail.
Mr. Cantrell's letter was in support of the operation. No comments need to be addressed.
Please feel free to reach out if you need anything else.
Thank you,
Hannah Dutrow
Land Planner
AGPROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
970-535-9318 office
303-775-0780 cell
970-535-9854 ax
www.agpros.com
1
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US
4 11
Applicants:
Laura & Samuel Gavito
do AG PROfessionals, LLC
3050 67t" Ave
Greeley, CO 80634
IL
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Request
• Use b S • ecial Review USR
• Oil & Gas Support & Service
Business
• Accessory Agricultural Support &
Service
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Vicinity Map
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Site — Current
Personal
Ag Bldg
AGPROfessionals
DEVELOPERS OF AGRICULTURE
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Operations
On Site Operations:
Commercial Vehicle parking
Off Site Operations:
Transport and delivery of equipment and
materials to oil and gas sites and custom
farming operations
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Operations
Parking (Maximum):
• 9 Semi -Trucks and Trailers
• 9 Employee Vehicles
Employees:
• Current: 3 Full -Time Employees
• Proposed: 9 Full -Time Employees
Hours of Operation:
•
•
P arking: Will occur 24 -hours a day, 7 days/week, when
employees are not taking the vehicles off -site
P rimary House of Operation in which trucks will leave and
return: 5 a.m. — 7 p.m., Mon. — Fri.
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Site Photos
PROPERTY FROM THE ROAD
a-
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Applicant Obligations
Sec. 23-2-260 A. Uses by Special Review
Consistent with:
1. Chapter 22 — Comprehensive Plan
2. Intent of District — A Zone
3. Existing Surrounding Uses
4. Future Development
5. Complies with Article V & XI — Overlay Districts and
Special Flood Hazard Areas
6. Conserve Prime Farmland
7. Adequate Provisions for Health, Safety, & Welfare
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Consistency wl Comprehensive Plan
Sec. 22-2-30.A.1. Land use changes should not
inhibit agricultural production nor operations.
Sec. 22-2-60.B.3. Require that energy and
mineral resource development conserve the land
and minimize the impact on surrounding land and
the existing surrounding land uses.
Section 22-2-60.B.5. Energy development
facilities should preserve agricultural areas and
enhance the rural landscape.
Section 22-2-30.C. Harmonize development with
surrounding land uses.
AGPROfessionals
DEVELOPERS OF AGRICULTURE
23-3-10. A (Agricultural) Zone District Intent
• 23-3-10. A District Intent.
• 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.
• 23-3-353 — Uses allowed by permit.
• A. Agricultural Support & Service
• 23-3-40. — Uses by Special Review.
• V. Oil and Gas Support & Service
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Compatible wl Existing & Future Development
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Conservation of Prime Farmland & Overlay Districts
•
• Sec. 23-2-230 B.6. "...diligent effort to conserve
Prime Farmland"
• No farmland taken out of production
• Overlay Districts:
• No Floodplain
• No Geologic Hazard
• No Airport Overlay District
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Provisions for Protection of Health, Safety, & Welfare
Off -Site Employees
• Bottled Water
• Portable Toilets
Design Standards, Operations Standards, 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.
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Nuisance Management Plan
Noise:
• Site will adhere to maximum
noise levels allowed in
Agricultural Zone District
Light:
• Building mounted outdoor
lighting proposed
Dust:
• Lot surfaces are native grasses
and improved gravel surfaces
• Watering of surfaces as
necessary to suppress dust
Waste Management:
•
•
•
Property owner to control
noxious weeds
Business generates very little
waste
Trash to be collected in
covered, confined dumpster
and removed as needed
Storage:
•
Parking of vehicles when not
in use on work sites
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Screening - Site Photos
PROPERTY FROM THE ROAD
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Screening - Site Photos
Parking Area as seen
from neighbors' home
to the South
VIII"! Port
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Screening - Site Photos
North of Parking Area
facing West
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North of Parking Area
facing East
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Traffic
WCR 24.5
WCR 24
WCR 22.5
Roadway Classification
Collector
Arterial
Local — Paved
Local - Gravel
Vehicle Trips
Current: 4 daily trips
Proposed: 36 daily trips
AGPROfessionals
DEVELOPERS OF AGRICULTURE
1
Access Location
1998 Aerial Imagery
2024 Urban Aerial Imagery
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Access - Site Photos
AGPROfessionals
DEVELOPERS OF AGRICULTURE
History of Land Division
a
Recorded Exemption No. 1057 Lot B - Recorded 10/28/1987
Recorded Exemption No. 1531 Lot A - Recorded 11/19/1993
ACCESS EASEMENT of rAzL
Recorded Exemption No. 4146 Lot A - Recorded 01/12/2006
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Referrals, Conditions, Development Standards
• 13 local, state, and federal referral agencies
responded
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• 4 Conditions of Approval
AGPROfessionals
DEVELOPERS OF AGRICULTURE
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Sec. 23-2-260 A. Uses by Special Review
Consistent with:
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✓ Future Development
✓ Complies with Article V & XI
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✓ Conserve Prime Farmland
✓ Adequate Provisions for Health, Safety, & Welfare
Overlay Districts and
AGPROfessionals
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Applicants:
Laura & Samuel Gavito
do AG PROfessionals, LLC
3050 67t" Ave
Greeley, CO 80634
AGPROfessionals
DEVELOPERS OF AGRICULTURE
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