HomeMy WebLinkAbout20242143.tiffBefore the Weld County, Colorado. Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Virginia Guderjahn, 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:
USR24-0011
Samuel and Laura Gavito, c/o Gavito Trucking, Inc.
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (truck parking) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District.
Lot A of Recorded Exemption RE -4146; being part of the SW1/4 of Section 1,
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 23; approximately 0.63 miles north of County
Road 22.5.
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 22-2-30.A.1. states: "Land use changes should not inhibit agricultural production nor
operations."
The subject property has historically been used for residential purposes. The location of the
parking area and the existing buildings on the approximate seven (7) acre parcel limits the
amount of land that can be devoted to agricultural uses; however, the business does support
agriculture in the County. Colorado Parks and Wildlife stated that this site is project is on the
edge of the 1/2 -mile buffer for a Bald Eagles nest and within Mule deer severe winter range
and recommends starting construction outside of the Mule deer winter season (December 1 -
April 30). No construction is proposed with this USR.
Section 22-2-30. C. states: "Harmonize development with surrounding land uses."
The parcel is small, about seven (7) acres, but the nearest residence is approximately 650 feet
south of the site. The semi -truck parking is set back from County Road 23 and is partially
screened by the existing buildings. The noise and dust generated by the trucks will be minimal
as there are only nine (9) trucks.
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 USR24-0011
Samuel and Laura Gavito, c/o Gavito Trucking, Inc
Page 2
Section 23-1-90 states that Oil and Gas Support & Service includes trucking companies
principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc
This code section allows the applicant to apply for the oil and gas truck parking
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 pastures, crops
and rural residences
There are four (4) USRs within one mile of the site USR-1391 for a retail shop that sells trees,
shrubs, decor, and jewelry, USR-1639 for a directional drilling company, USR14-0042 for a 20 -
inch high-pressure natural-gas pipeline, USR13-0035 for a greater than 10 -inch natural-gas
pipeline, and USR17-0072 for a gravel mine
The Weld County Department of Planning Services sent notice to six (6) surrounding property
owners within five hundred (500) feet of the subject property Three letters were received, one
(1) in support of the USR and two (2) with questions/concerns about the request The
application materials did include a letter of support from a nearby neighbor The concerns
outlined in one (1) of the letters generally pertain to the sixteen (16) -foot easement, utilized for
access by the applicant and the property owner to the east, including concerns about damage
to an irrigation pipeline and the option for reimbursement if the irrigation pipe were to be
damage and encroachment and/or obstruction of the easement The three (3) surrounding
property owner letters were sent to the authorized agent on May 29, 2024 and a response
email, dated July 23, 2024, was submitted that stated the easement concerns are a civil matter
to be addressed between the two (2) individual property owners and the response also
answered the specific questions concerning the operations of the business
The proposed use is in an area that can support this development and the Development
Standards and the Conditions of Approval will assist in mitigating the impacts of the facility on
the adjacent properties and ensure compatibility with surrounding land uses and the region
D Section 23-2-220 A 4 -- That the uses which would 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 this Code or master plans of affected municipalities
The site is located within the Coordinated Planning Agreement Area (CPA) for the City of Fort
Lupton and the Towns of Firestone and Platteville As part of the pre -application process the
municipalities were sent a Notice of Inquiry (NOI) The City of Fort Lupton submitted a Notice
of Inquiry dated March 28, 2024, that states, "The site is located on the Platteville side of our
[Platteville and Fort Lupton] IGA but is in our [Fort Lupton] Planning Area We [Fort Lupton] are
not interested in annexation at this time but will review and comment on any future submittals "
The Town of Firestone submitted a Notice of Inquiry dated February 29, 2024, that states "Per
existing IGAs with Ft Lupton and Platteville, Firestone will not annex east of CR 19 " The Town
of Platteville's NOI, dated February 14, 2024, stated that they are not interested in annexation
The site is located within the Urban Growth Boundary and the Three Mile Area Boundary for
the Town of Platteville, the Town of Firestone and the City of Fort Lupton The land use
classification on Platteville's Three Mile Area Plan, dated December 2021, is Agricultural
Holding which, according to the 2017 Town of Platteville's Comprehensive Plan, " is intended
to encourage the sustainability of the regional agricultural and energy economy, discourage
leapfrog development and ensure that land develops in a systematic and cost-conscious
manner "
The site is depicted on the Town of Firestone's Master Plan Map with a land designation of
Mixed Use which, according to the 2013 Town of Firestone Master Plan, " provide urbanized
Resolution USR24-0011
Samuel and Laura Gavito, do Gavito Trucking, Inc
Page 3
areas that can provide a live, work and shop style environment Mixed Use areas and some
limited commercial use areas have been identified along major artenals which are expected to
carry increasing volumes of traffic over the years " '
Additionally, the land use depiction on the City of Fort Lupton's 2020 Future Land Use Map, is
Mineral Zone The Fort Lupton Comprehensive Plan, adopted in 2018, states that Mineral
Zones are " along the South Platte River which include significant mineral resources "
The site is also located within the three (3) mile referral areas of the Towns of Platteville and
Firestone as well as the City of Fort Lupton These municipalities submitted referral agency
comments dated May 2, 2024, May 2, 2024, and May 22, 2024 respectively stating that they
have no comments
E Section 23-2-220 A 5 -- That the application complies with Articles V and XI of 'this Chapter if
the proposal is located within an overlay zoning district or a special flood hazard area identified
by maps officially adopted by the county
The property is not located within any overlay district officially adopted by the County, including
A -P (Airport) Overlay District, I-25 Overlay District, Geologic Hazard Overlay District, MS4 -
Municipal Separate Storm Sewer System area, Special Flood Hazard Area, Historic Townsites
Overlay District, or 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 63% of the
site consists of low -slope (0-3%) Ellicott-Ellicot sandy -skeletal complex classified as "Prime
farmland if irrigated", about 33% of the site consists of moderately steep slope Ustic
Tornorthents which is classified as "Not Prime Farmland", and another 3% of the site consists
of (0-3%) Altvan loam which is classified as "Prime Farmland if Irrigated" No Prime Farmland
will be removed from production
G Section 23-2-220 A 7 — There is 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
l
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
Resolution USR24-0011
Samuel and Laura Gavito, c/o Gavito Trucking, Inc
Page 4
A The applicant shall address the referral comments of the Fort Lupton Fire Department, as
stated in the referral response dated May 23, 2024 Evidence of such shall be submitted in
writing to the Weld County Department of Planning Services (Department of Planning
Services)
B The applicant shall acknowledge the advisory referral comments of the Weld County Oil and
Gas Energy Department, as stated in the referral response dated April 30, 2024 Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services
(Department of Planning Services)
C 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 during construction
(Development Review)
D The map shall be amended to delineate the following
All sheets of the map shall be labeled USR24-0011 (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 landscaping and/or 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 23 is a paved road and is designated on the Weld County Functional
Classification Map (Code Ordinance 2017-01) as a collector road, which requires 80 feet
of right-of-way at full buildout The applicant shall delineate and label on the USR map the
future and existing right -of- way (along with the documents creating the existing right-of-
way) and the physical location of the road If the existing right-of-way cannot be verified it
shall be dedicated The applicant shall also delineate the physical location of the roadway
Pursuant to the definition of setback in the Weld County Code Sec 23-1-90, the required
setback is measured from the future right-of-way line (Development Review)
9 Show and label an access point, onto CR 23, that meets Weld County Code Include the
access usage type (i e Oil and Gas), the appropriate width, and the appropriate radii The
access point will be reviewed as part of the USR map submittal (Development Review)
10 Show and label the approved tracking control on the site plan (Development Review)
11 Show and label the drainage flow arrows (Development Review)
Resolution USR24-0011
Samuel and Laura Gavito, do Gavito Trucking, Inc
Page 5
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)
Motion seconded by Michael Palizzi
VOTE
For Passage
Butch White
Michael Wailes
Michael Palizzi
Virginia Guderjahn
Barney Hammond
Michael Biwer
Cindy Beemer
Against Passage Absent
Pamela Edens
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 6, 2024
Dated the 6t' of August, 2024
45� AYl.
Kristine Ranslem
Secretary
Resolution USR24-0011
Samuel and Laura Gavito, do Gavito Trucking, Inc
Page 6
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Samuel and Laura Gavito
USR24-0011
1 A Site Specific Development Plan and Use by Special Review Permit, USR24-0011, for Oil and Gas
Support and Service (truck parking) 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 Any future structures or uses on site must obtain the appropriate zoning and building permits
(Department of Planning Services)
4 The hours of operation are 5 00 a m — 7 00 p m Monday through Sunday (7 -days a week) The semi -
trucks will be parked on -site 24 hours a day and the equipment will be stored on the site 24 hours a
day (Department of Planning Services)
5 The number of employees shall be up to nine (9) as stated in the application materials (Department of
Planning Services)
6 The number of on -site commercial vehicles shall be no more than nine (9), as stated in the application
materials (Department of Planning Services)
7 No vehicle repair, washing, or service shall occur on site (Department of Planning Services)
8 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)
9 The parking area on the site shall be maintained (Department of Planning Services)
10 The existing landscaping/screening on the site shall be maintained (Department of Planning Services)
11 All signs shall adhere to Chapter 23, Article IV, Division 2 of the Weld County Code, if applicable
(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 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)
15 The Property Owner shall comply with all requirements provided in the executed Road Maintenance
Agreement (Development Review)
16 The Road Maintenance Agreement for this site may be rev1ewed on an annual basis, including a site
visit and possible updates (Development Review)
17 The historical flow patterns and runoff amounts on the site will be maintained (Development Review)
Resolution USR24-0011
Samuel and Laura Gavito, c/o Gavito Trucking, Inc
Page 7
18 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)
19 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)
20 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 applicant shall
operate in accordance with Chapter 14, Article 1 of the Weld County Code (Department of Public
Health and Environment)
21 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 (Department of Public Health and
Environment)
22 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)
23 A permanent, adequate water supply shall be provided for drinking and sanitary purposes, if required
for business use (Department of Public Health and Environment)
24 For employees or patrons on site for less than 2 consecutive hours a day, and 2 or less full-time
employees on site, 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 (Department of Public Health and Environment)
25 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)
26 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)
27 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)
28 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 (Department of
Planning Services)
29 The property owner or operator shall be responsible for complying with the Design and Operation
Standards of Chapter 23 of the Weld County Code (Department of Planning Services)
Resolution USR24-0011
Samuel and Laura Gavito, do Gavito Trucking, Inc
Page 8
30 All buildings shall comply with the setback from oil and gas wells per Section 23-4-700, as amended
(Department of Planning Services)
31 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
32 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
33 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
34 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
35 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
36 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 6, 2024
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 Vice Chair
Butch White, at 1:30 p.m.
Roll Call.
Present: Butch White, Michael Wailes, Michael Palizzi, Virginia Guderjahn, Barney Hammond, Michael
Biwer, Cindy Beemer.
Absent: Pamela Edens.
Also Present: Chris Gathman and Diana Aungst, Department of Planning Services, Karin McDougal,
County Attorney, and Kris Ranslem, Secretary.
Case Number:
Applicant:
Planner:
Request:
Legal Description:
Location:
USR24-001 1
Samuel and Laura Gavito. do Gavito Trucking, Inc.
Diana Aungst
A Site Specific Development Plan and Use by Special Review Permit for Oil and
Gas Support and Service (truck parking) outside of subdivisions and historic
townsites in the A (Agricultural) Zone District
Lot A of Recorded Exemption RE -4146; being part of the SW1/4 of Section 1.
Township 2 North, Range 67 West of the 6th P.M., Weld County, Colorado.
East of and adjacent to County Road 23; approximately 0.63 miles north of County
Road 22.5.
Diana Aungst, Planning Services, presented Case USR24-0011, reading the recommendation and
comments into the record. Mrs. Aungst noted that three (3) letters were received with one letter in support
of the operation and two letters with concerns. The concerns outlined the 16 -foot easement used as an
access by the applicant and the property owner to the east and damage to and irrigation pipeline and option
of reimbursement should it be damaged. Mrs. Aungst provided Environmental Health's review of the public
water and sanitary sewer requirements, on -site dust control and the waste handling plan. The Department
of Planning Services recommends approval of this application along with conditions of approval and
development standards.
Hannah Dutrow, AgProfessionals, 3050 67th Avenue, Greeley, Colorado, stated that Gavito Trucking is
requesting a USR Permit for a primary use of oil and gas support service business with accessory
agricultural support and service. Gavito Trucking specializes in the transport and delivery of equipment
and materials for oil and gas sites as well as to custom farming operations around the county. Ms. Dutrow
noted that Gavito Trucking has been in operation at this site for 10 years and were unaware that a USR
was required until this year. Currently there are 3 employees with future growth of up to 9 employees.
Ms. Dutrow stated that the current existing access meets intersection spacing requirements, however, it is
not able to meet the 330 -foot spacing between accesses. She added that the access is a historically
documented access that is shown the recorded exemption plats. Based on the available frontage, existing
site topography, existing recorded access easement and existing unpermitted accesses not a part of this
request, Ms. Dutrow requested that the current access be allowed to remain without additional permit
requirements.
Ms. Dutrow stated that they are also requesting a variance from the type of tracking control at the access.
The existing tracing control consists of road base and larger decorative type aggregate. She said that
tracking of debris onto the road has not been an issue and added that there is an existing irrigation line in
the road that would be negatively impacted with these changes.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
1
William Lewis, 11446 CR 23, stated that he is adjacent to this site and farms 100 acres Mr Lewis stated
that he has been denied access to the easement by the applicant He is most concerned with the ballooning
effect of having more and more of these noisy vehicles and people being up all the time He said it will
impact his quality of life
Dianne Jacobins, 11446 CR 23, said that their property surrounds the applicant in the back Ms Jacobins
isn't sure how this supports agriculture as the trucks appear to be very large, interstate trucks She
expressed concern that they start their trucks at 5 00 or 5 30 in the morning She said that they weren't
aware of wanting to increase to 11 trucks and added that they wouldn't be unreasonable with the number
they have now, however, they were surprised at the increase in numbers
Veronica Cantrell 11016 CR 23, Ft Lupton, stated that they have been neighbors of the Gavitos for years
Ms Cantrell said that they are great neighbors and create no dust or noise from their operation Ms Cantrell
stated that she is in support of this business
Nicole Cantrell, 11176 CR 23, stated that this property is clean and meticulously maintained Ms Cantrell
said that she receives more noise from the NCC gravel pit that is next door She referred to the tracking
control variance and said that because the NCC gravel pit was not required to put any of those provisions
in place, she doesn't feel that Gavitos should have to install the traffic control as well Ms Cantrell
suggested that no further screening be recommended or installed
Ms Dutrow referred to the access easement and added that in their site plan they identify the easement
and show the parking adjacent to that making sure it is maintained
Ms Dutrow said that the trucks will be leaving the site at 5 00 a m and returning at 7 00 p m She said that
these are standard semi -trucks and they are proposing nine (9) trucks, not 11
Wailes asked Staff to speak about the difference between a USR and a Change of Zone to the site
Commissioner Palizzi asked staff for further explanation on the access situation Melissa King,
Development Review, stated that while the access is historical, the one to the south of it is very close and
also in that same circumstance Because of the request to amend their permit, the access is revisited and
because it is going to a commercial access staff will be reviewing it per the county code Mr Palizzi asked
what happens if they cannot meet that spacing requirement Ms King said that there are circumstances
where people cannot physically meet that standard based on the size of their property or other constraints
but that doesn't mean that the access permit would not be given for the best possible location at that point
Ms King said that Development Review has not received a variance request or any notification of a request
for tracking control She added that currently the tracking control that staff has requested is commercial for
an access onto a paved road and that is still what we are expecting to see Ms King said hopefully they
will submit a variance request in writing but as it stands right now they must comply with the County Code
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
Commissioner Biwer asked if this is approved and if the applicant in the future decides to challenge that
tracking control, will it become a separate issue
Ms King stated that the Resolution says that they should label the tracking control on their plat and to install
it The tracking control is required to either be double cattle guards and 100 feet of asphalt or 300 feet of
asphalt She added that with regard to the traffic on County Road 23 there are 422 vehicles per day with
20 percent trucks and said that the other mining operation has made dramatic improvements to County
Road 24 and 23 She said that they actually paved their part of the road and made turn lanes
2
Motion Forward Case USR24-0011 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 Virginia Guderjahn, Seconded by Michael Palizzi
Vote Motion carried by unanimous roll call vote (summary Yes = 7)
Yes Barney Hammond, Butch White, Cindy Beemer, Michael Biwer, Michael Palizzi, Michael Wailes,
Virginia Guderjahn
Commissioner Wailes said that based on the information given today regarding the possibility of a tracking
control variance, he is in support of the variance
Meeting adjourned at 3 37 p m
Respectfully submitted,
Kristine Ranslem
Secretary
3
ATTENDANCE RECORD
NAME
- PLEASE
PRINT
LEGIBLY
ADDRESS
EMAIL
John
Doe
123
Nowhere
Street,
City,
State,
Zip
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