HomeMy WebLinkAbout20242155.tiffEXHIBIT INVENTORY CONTROL SHEET
CASE USR24-0011 - SAMUEL AND LAURA GAVITO, C/O GAVITO TRUCKING, INC.
Tyler
Exhibit Submitted By Page # Description
Planning
A. Commission Resolution of Recommendation
Planning
B. Commission Summary of Hearing (Minutes dated 8/6/24)
C. Planning Services PowerPoint Presentation
D. Applicant PowerPoint Presentation (received 8/20/2024)
Proposed changes to the Resolution
E. Applicant (received 8/20/2024)
F.
G.
H.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
s.
T.
U.
V.
2024-2155
f EXSanirill
WELD COUNTY, CO
USR24 0011
Applicant: Samuel and Laura Gavito, c/o Gavito Trucking, Inc.
Planner: Diana Aungst
Request: 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.
Legal Description: 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.
Location: East of and adjacent to County Road 23; approximately 0.63 miles
north of County Road 22.5.
Sign
WELD COUNTY, CO
Public hearings concerning this property will be heard before the
County Planning Commission and
Board of County Commissioners.
Both hearings will be held at:
WELD COUNTY ADMINISTRATION BUILDING
1150 "O" Street • Greeley, CO 80631
Planning Commission Hearing will be held on
Board of County Commissioner Hearing will be held on
AN5 207Q ; at 10:OO4W
Applicant: f.MV€i Lzvra qa.V *O
Request:
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.
FOR FURTHER INFORMATION PLEASE CONTACT
17i ank AT THE WELD COUNTY DEPARTMENT OF
PLANNING SERVICES, AT 970-400- 4100
For Additional Information visit www.weldcountyplanningcases.org
ATTENTION: Proposed Conditions related to this Site Spec rtic (ievelopment Plan and use( dal ReviewPermet reouest inr(ading
Vicinity Map
a-
i
CR 26
-
L
PR
FORT
LUPTON
-a : a
CR 24.5
r
1
1
1
1 Lti
iN
i td
•
CR 26 ,10
a in a
iN
1 aI
iL)
i N
1 c
1O
i 1
i 1
CR 24.5
� a — a a
! M ODS
S
CR 72.6
US 85
se MR
a --e
4
� n
i
scans AP
IstA
PLA TiTE
us
r
4`
\73_
\\tees
S
turn
WELD COUNTY, CO
I
The white stars indicate letters
received from these property
owners with questions/concerns.
The blue star indicates a letter
received from this property owner
in support of this USR.
FOR] L'U1T
Closest Residences
USRs within one mile
CR 26i
r
CC
U
CR 24.5
U S R14-0042
NON -1041, HIGH
PRESSURE LINE
SITE
lV
tiel
USR=1391
RETAIL SHOP,
TREES DECOR &'JEW
FORT LUPTON
0
USR17-0072
MINERAL RESOURCE
USR13-0058 DEV. FAC.
LANDSCAPE
CONST/MAINT BUSINESS CR 22.5
i
lee
USR-1639
MUSR14-0022 DIRECTIONAL
NON -1041 MAJOR DRILLING COMPANY
FAC. PIPELINE
CR2
raw,
I
f
iC"
1IX
I
I
1
i
C
i i i
USR 13-0035
NON -1041 MAJ
FAC, PIPELIN
Sal i a a IS IRO a a! 1
y...y
WELD COUNTY, CO
Town of Platteville Three Mile Area Plan
■
t
■
t
!11111• sail■r r
4
,4 IF
l a
wig
41
M
tat
1g II
Lit
IF
SST
5
t
ihst
4P
i
4
t■■ME It ■■■■■i
Firestone
■
■
■
■
•
•
-,
I
`
1
■
■
•
■
it
•
r 4Li
.
N
■
.
•
•
I --
II ►�,: !'
min EmI u■I■■t■LidoR■■* ■_. i.■■s ages •••••• min
Proposed Land Use
Gi krust
ray-
■■. ala-R-Illb
■.
a
S
■ KAIICYJ�,�,,��. ' . A
bank. I■EEMI!. seta tea IL
hr ■
■
■
1
Agricultural Holding
Environmentally Constrained
Residential and Recreation
Y
■
■
■ NON ..■•■■■■■r..•.■■.■I
Commercial
Commcrci l lndu trial
Residential
■ -
■
■
■
■
■
•
■
S
■
■
■
r
•
■
•
•
■
.
.
I
■
■
•
■
■
■
•
▪ ~� I'
•
■
■
A
•
■
•
•
•
•
•
_tt Y
=1
Floodplain
Town of Platteville
el • IP
� � ! Platteville UGA
as
.,L
Mar Plan krr
Town of Firestone Master Plan Map
Legend
tlaifrr at.
f
Urban
Greiwth
Boundary
Major
Roadway
Trails
Parks
Open Space
St. Vrain
State Park
Commercial/
Office
Mixed Use
Employment/
Office
Residential
Low Density
Residential
Medium Density
Residential
High Density
Municipal or
Government
ExistingiPlanned
General School
Location
City of Fort Lupton
Future Land Use Map
hr.*
future Land Use Updated October 1, 2020
Planning Area
Riparian Zone
Dacono City Limits
Existing Corporate Limits
Agricultural & Rural Residential
Single -Family Detached
Single -Family Attached
Multifamily
t.
i
0
l
Commercial General
Commercial Transition
Downtown Mixed -Use
Industrial
i
2
I
4 Miles
Light Industrial & Office
i _
Mineral Zone I
Parks & Open Space
Public / Semi -Public
WELD COUNTY, CO
Staff finds that this Use by Special Review is consistent with Section 23-2-220.A.
S ection 23-2-220.A.1. - That the proposal is consistent with Chapter 22 of this Code and any other
applicable code provision or ordinance in effect.
S ection 23-2-220.A.2. - That the proposal is consistent with the intent of the district in which the use is
located.
S ection 23-2-220.A.3. - That the uses which would be permitted will be compatible with the existing
surrounding land uses.
S ection 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.
S ection 23-2-220.A.5. - That the application complies with Articles V and Xl 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.
S ection 23-2-220.A.6. - That if the use is proposed to be located in the A (Agricultural) Zone District, the
applicant has demonstrated a diligent effort has been made to conserve prime farmland in the locational
decision for the proposed use.
S ection 23-2-220.A.7. - That there is adequate provision for the protection of the health, safety and
welfare of the inhabitants of the neighborhood and the County.
WELD COUNTY, CO
WELD COUNTY, CO
•
WELD COUNTY, CO
86Ater •
==
Ji
II'„AV
J
r�
-.
-
-S
•
•
•
-a
•0
•.' «
is
1r. •• -'
•
•••• r_
4-.•
• * • ya
. } -
y •�,. i ,e 7 -.t•
r
_ • ' • -
•
• 1 ,
• F• te
•
/ i
II ►
I
•
•
r'
' S.
ls`} `r it - -.
- e Jr. ' Ir/•� %--I ..K `-t
�'r
:, i3 s!fl.-
• .
•
"Sr / . iitte
At 1
•
a
. / - I . ' , '-
i r / ,
- - ./ - ♦ '
•
•
Age r- a/
/
• 1 -
rf r- .r4 .e,
•
rr.e yriA-'C y r
amanies
1vt.�i r,
c r- CdG � a te" -�
•
-K sr•_�Y-1� _•^'4�yw`. 17r�Ss�=.,i` �l.a�!K�...-Y:
Cl • a
tea.
L"•�•.` Ji.--•I•... �� J�`"Y
�Y•I.. "A�-Ti-> i�� CSy �TCtit1_o• - a vi.. ,. ��t _
,
.440
�Y.
••.• J
%t;\-§ 6Mer ft.
4y -_
WELD COUNTY, CO
•
a•
••
r - • r• - - -
•
•
_
_/ _ •
•♦'_ r
-Y F
sir
-
•
•
•
-
/ J
r .. . C.
•
p.
J L ,
♦ - r. • + O ./ - -I. _ J• t ' . -
•
__
••.'l'r_ ''' c'✓ lJ✓r ar_. /., -}C 4_ ' "� ••''
C ♦00 /, —� .Y L+ f�.ti�YY '" ♦I!•y.iy,�, �e �!• ♦t•e� ..
•
' < '�♦mot
Y
ea `a r1 •
l.'
' 1 • T'- 'a , •--
-"'ill ' O ,
Y
• I • -
• h
` ° J
y ' y•
•
r.
a
i
•
.-
•
•
T
View looking west
�-v
S
v •
•
w
•
1%-
•
•
•
Alt
WELD COUNTY, CO
View looking south/southwest along CR 23
1*/ELI
WELD COUNTY, CO
•
rt 4
4 .
ri
k
This access is for the property to
the south, not the subject property.
•
Site Plan
C)
N
0
1
C
0
O
•
1
I
PROPERTY lictriomy
30' Roan R.O.W 'BY ROW PF'TT1O4
a 257. ammo AM 10 ism II
RECORDED IN ROOK 48, PAGE 71
RFC. WO PSZ2. APRt 23, In
10 PESERYEo FOR FUTLIaE ROAD 23 R.O W
(
L•
5o
` 1
SNA‘
'I
N.-•._;\ or
1
or at! LEOF 16' It+OE ce
EACEVEr FOR NE BB' � OF BOTyi
Tama.. A.D .0 ft Os PE -1531, .43REEMENT
RED 01 SOOr. 1414. REtt1Dti
tC0 03615#. "+0, 3. 1993
writ. MOIYAFD W
•
SUN
K
x
s
ess
y
r
CENTEI1LI IE OF 1€ WIDE C1 CC
EASEMENT FOR THE BEI LEFT CF
BOTH LOTS A AND B OF RE -1531.
PGHESAENT RECOREDED IN -.
BOOK 1414• RECEPTION NO
02361540. NOV 29. ISM
/ ` f
_7 r
/ r /
re 4 4 677-4— •••
--r -r-
•
♦. S M 4
a
4
1E
t
I • • '
1,44
a;
`4 t4
♦I
1F4*5*+I
L • ••
4 t t
�IN-a4' 4 "' tit
/
l
/ r.
f ...a.J
Jr -
ear l
ea-
41yrirj
q -0
Close up of highlighted area
t. *Co
End •f U 24 0 11
Use by Special Review
USR24-OO1 I
Applicants:
Laura & Samuel Gavito
do AGPROfessionals, LLC
3050 67t"' Ave
Grocley, CO 80634
aAGPROfessionals
DEVELOPERS uN ACRIGUL"IURE
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
•
tSS a
AGPROfessionals
DEVELOPERS OF AGRICULTURE
I
Site Plan
i
mMi
I
PROPERTY BOUVDAor
,
1•
a R OADROW_ (BY RUN] F1 1tuION
Ira?, DEC7NtD APRIL It tl�8.b
RECORCED [4 ElX2K 4t PALE 71,
REC PIG..78SE ', AFFIL 233, 188%
II I :NFSIWU FOR PU UME P.OfiDI.23 M.U.W.
•
— EDR3 ID EOFI
,r
r
L
1
C NT R3iIFE OFli `d111DE.ACCEtZ
E�S�1
VAEti � FOR THE. OF � 1 %l
LOTSAAWD 8 OF RE -1531, Af:R- NT
RED DREDED IN BOCK 1414, FECIEFIlON
NO. (C36161O, NOV 29. 19'34
II
>r
CSNTfaL Hanaro w
`I.
• 1
x
r"
4
r
ILT
+
r
r
•
J v
t t
..„(3cp.
t -t t,'
+ +
t t
+ + +,
+t '
+ti
t t1
+ + 41
�tttt.
wen-we4s►-Y
fie/,
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Site P
an
cetiTERISIE OF ins WIDE ACCFSC-
E.4.2Z-MENT FOR E BEI'ERT OF
3cTai Lcsr:.4 AllE' E.JF PJE' 1 i31
BOCK 1414, F GEEM O'.1 ..C
CC i!G' !4C, f.:.? a .
a
e'
.
e'
t
J
�r
48-34
a
`•. -- RETAINING WALL
Trash Enclosure
Portable Toilet
AGPROfessionals
DEVELOPERS OF AGRICULTURE
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
1J
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
1 Screening - Site Photos
Parking Area as seen
from neighbors' home
to the South
•
Qi.n ai s:4t.
44.
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Screening - Site Photos
North of Parking Area
facing West
North of Parking Area
facing East
AGPROfessionals
DEVELOPERS OF AGRICULTURE
a
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
1
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Access - Site Photos
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Access Easement
I
S&9'2. '1 `' -- 249 OO'
..fitrorl ?Noir
H Fe—
Q! RESERvED
FOR FUTURE
ROAD 23 RSGJW
I
i+s
i
i
C
Ir`
�7.a:'�
i
1 �
If A=85.56'
R=111.75'
D=43162106"y!
431S2'0
564 "27.2SIE
LC= 3.4 cie
404;:";51itt\\. t-tr.
t
1 9w45'I
79a4a'
N88144.409N
e
\-issk
4:19.
eas
sir
Un
I '!
Jig
111 d r tie %sit Aire
4„,,,._..
'Pa. 4 0 71)
its..,,,
milo.r„.,,..,,,sisi, .. 7 tm
,,,,,„,, Pliz 6):7
46 A
/Offst,,H.Q6c94
Auggi1 ,
0_''9'30"
S '26t E
A St 44'
t R=283.411
1'
D=1431'15'
A 565145 3n°
et Lc -99,16'
'=z
YtJr .,
1 Y Y'
err:
1
4831 P
cENTERiimE OF ¶5' MX
1
.ACCESS EASEMENT FOR
TirE SIT OF BOTH
LOTS AMC B OF RE 41531`
ARE€MIT RECORDED
BOOK 114. RECEPTION
o 02361540,
NeVa 29 1991
...royal, a .l
a ma
.148 4400 0
4'
A=1112, '
Rn126.49E
DEL51Y4 511f
N58'37'2611
LC=1U8.42'
31317'
'
:0
aCP
Po
N 37'2 CE
106.76?
R ,98'
D=32'30'543'
N49130191
191
LC ' r62"
i
rot
N
p
or
592a1w
ast
a
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Tracking Contro
t• • f r
•
;Cr.
• 0,•;
S
a •
lttri. . ' '._r.� r.'•
�d�c+sr•'r'. 1�� r'• — r-' rIIG a C ,
.ti`s
Teilliv
ti �sli •.�:_� r
Site Photos
I
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Referrals, Conditions, Development Standards
• 13 local, state, and federal referral agencies
responded
• Use By Special Review materials reviewed,
approved, & conditioned
• 4 Conditions of Approval
AGPROfessionals
DEVELOPERS OF AGRICULTURE
A
pp
i
icant Obligations
Sec. 23-2-260 A. Uses by Special Review
Consistent with:
✓ Chapter 22 — Comprehensive Plan
✓ Intent of District — A Zone
✓ Existing Surrounding Uses
✓ Future Development
✓ Complies with Article V & XI
Special Flood Hazard Areas
✓ Conserve Prime Farmland
✓ Adequate Provisions for Health, Safety, & Welfare
Overlay Districts and
AGPROfessionals
DEVELOPERS OF AGRICULTURE
u
b
US
4 11
Applicants:
Laura & Samuel Gavito
do AG PROfessionals, LLC
3050 67t" Ave
Greeley, CO 80634
AGPROfessionals
DEVELOPERS OF AGRICULTURE
a
*10,40 FLO W.. (BY Rt1t L1 Fi=11uMO 4
#25?, OEQ.APED APRIL 1411 -Ma
RECORCED P4 E:;X3K 4t PALE 71,
MC PIG. 2S!, APRIL 233, 1884
croir,t.. i
— EQR TO LOO
i
r
L
OENTIEF IFE Fl WDE. AGO ELT
EA EJAEtIT FOR THE T OF ECTH
c LOTS AMID 8 DF RE153 , AER.EE UT
REDS EE�'?IN BOCK 1414, FEC 1O41
(03615IANOV `L7. 19'34
Site P
r�
OSNTR9_1_ HR7naro w
Residence
i
an
•
tot
4 + + + + + 4
•t •Y Y '4 •P •.1
+ N,
•Y t ,
Y Y ;
Y -t
+ f t
t t
FROVICAICLY V:"
kera
1•
Personal
Shop
AGPROfessionals
DEVELOPERS OF AGRICULTURE
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Site Photos
AGPROfessionals
DEVELOPERS OF AGRICULTURE
1
ite Photos
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Trackin
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Gravel Mine Entrance
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Grave
Entran
e
AGPROfessionals
DEVELOPERS OF AGRICULTURE
Jessica Reid
From:
Sent:
To:
Cc:
Subject:
Attachments:
Hannah Dutrow <hdutrow@agpros.com>
Tuesday, August 20, 2024 1:55 PM
Jessica Reid
Diana Aungst; Chloe White; Esther Gesick; Jan Warwick
RE: DRAFT RESO, USR24-0011, SAMUEL AND LAURA GAVITO, C/O GAVITO TRUCKING, INC.
(BOCC 082124)
RE242142_Redlined Dev Standards.docx
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 afternoon,
We sent this to Diana earlier but wanted to loop everyone in. Attached are changes to the development standards and
conditions of approval that we will be requesting tomorrow.
If you have any questions, please let me know.
Thank you,
Hannah Dutrow
Land Planner
Idaho Planning Coordinator
AGPROfessionals
3050 67th Avenue, Suite 200
Greeley, CO 80634
970-535-9318 office
303-775-0780 cell
970-535-9854 fax
www.agpros.com
AGPROfessionals
DEVELOPERS OF AGRICULTURE
1,44)144
Torch
Awards
f,'r.Et it ics
Winner
MMERCURY
•
•
+ORTNERPICOLORADO
FASTEST -GROWING
PRIVATE COMPANIES
2022 HONOREE
BizWest
The MMUS
From: Jessica Reid <jreid@weld.gov>
Sent: Tuesday, August 20, 2024 8:59 AM
To: Hannah Dutrow <hdutrow@agpros.com>
Cc: Diana Aungst <daungst@weld.gov>; Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick
<jwarwick@weld.gov>; Jessica Reid <jreid@weld.gov>
Subject: DRAFT RESO, USR24-0011, SAMUEL AND LAURA GAVITO, C/O GAVITO TRUCKING, INC. (BOCC 082124)
Hi Hannah,
Attached is the Draft Resolution prepared by the Clerk to the Board's Office which incorporates the Planning
Commission Resolution into the Clerk's format. It in no way indicates approval by the Board of County
1
Commissioners, it simply allows staff a method of tracking any proposed changes to Conditions of Approval and
Development Standards
If you have any questions or correspondence related to this case, it is important that you `reply all' to ensure
the appropriate staff receive and process the message in a timely fashion
Jess Reid
Deputy Clerk to the Board
Weld County
1150 O Street
Greeley, CO 80631
tel 970-400-4212
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for the
person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected
from disclosure If you have received this communication in error, please immediately notify sender by return e-mail and
destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the contents of this
communication or any attachments by anyone other than the named recipient is strictly prohibited
2
DRAFT RESOLUTION
RE: APPROVE 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 - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC.
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 21st day of
August. 2024. at the hour of 1O00 a.m.. in the Chambers of the Board. for the purpose of hearing
the application of Samuel and Laura Gavito, do Gavito Trucking, Inc., 11192 County Road 23,
Fort Lupton. Colorado 80621. for 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. on the following described real estate,
being more particularly described as follows.
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
WHEREAS, at said hearing.. the applicant was present/represented by [Representative],
[Representative Address], 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:
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.B.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 22-2-30.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
2024-2142
PL2924
SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 2 - DRAFT
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 this project is on
the edge of the one-half (1/2) -mile buffer fora Bald Eagles nest and
within the Mule deer severe winter range and recommends starting
construction outside of the Mule deer winter season, which is
December 1 through April 30 No construction is proposed with this
USR
2) 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 (CR) 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 23-2-230 B 2 — The proposed use is consistent with the intent of
the A (Agricultural) Zone District
1)
Section 23-3-10 — Intent, states "Agnculture in the County is
considered a valuable resource, which must be protected from
adverse impacts resulting from uncontrolled and undirected
business, industnal 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 agncultural activities
and activities related to agncu/ture and agncultural 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 allows for "Oil and Gas Support and Service" on 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
trucking companies pnncrpally engaged in the hauling of drilling
ngs, 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 23-2-230 B 3 states "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 (1) mile
of the site USR-1391, fora retail shop that sells trees, shrubs, decor, and
2024-2142
PL2924
SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 3 - DRAFT
jewelry, USR-1639, for a directional drilling company, USR14-0042, for a
20 -inch high-pressure natural-gas pipeline, USR13-0035, fora 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 (SPOs) within 500 feet of the subject
property Three (3) letters were received, one (1) in support of the USR and
two (2) with questions/concerns about the request The application
materials included a letter of support from a nearby neighbor The concerns
outlined in one (1) of the letters generally pertain to the 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 damaged, as well as
encroachment and/or obstruction of the easement The three (3) SPO
letters were sent to the authorized agent on May 29, 2024, and a response
email, dated July 23, 2024, stated the easement concerns area civil matter
to be addressed between the two (2) individual property owners and 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
Conditions of Approval and Development Standards 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 23-2-230 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 this Code or master plans of affected municipalities The site
is located within the Coordinated Planning Agreement (CPA) area 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 NOI dated March 28, 2024,
which stated the site is located on the Platteville side of the Platteville/Fort
Lupton IGA, but is in Fort Lupton's Planning Area Fort Lupton is not
interested in annexation at this time but will review and comment on any
future submittals The Town of Firestone submitted a NOI dated
February 29, 2024, which stated, 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 they are not interested in annexation
The site is located within the Urban Growth Boundary and the Three Mile
Area Boundary for the Towns of Platteville and 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 sustainabihty of the regional agncultural and energy
2024-2142
PL2924
SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 4 - DRAFT
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 areas that can provide a live,
worts and shop style environment Mixed Use areas and some limited
commercial use areas have been identified along major artenals which am
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 area 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 they had no
comments
E Section 23-2-230 B 5 — The application complies with Articles V and XI of
Chapter 23 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, 1-25
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 23-2-230 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 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
Torriorthents, 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 23-2-230 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
2024-2142
PL2924
SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO,
CIO GAVITO TRUCKING, INC
PAGE 5 - DRAFT
that there are adequate provisions for the protection of the 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 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
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Samuel and Laura Gavito, c/o Gavito Trucking, Inc , for
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, on the parcel of land described above, be, and hereby is, granted
subject to the following conditions
Prior to recording the map
A The applicant shall address the 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
B The applicant shall acknowledge the 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
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
D The map shall be amended to delineate the following
1) All sheets of the map shall be labeled USR24-0011
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 landscaping and/or screening
5) The map shall delineate the parking area for the trucks
2024-2142
PL2924
SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO.
C/O GAVITO TRUCKING. INC.
PAGE 6 - DRAFT
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 (CR) 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 the future
and existing right-of-way (along with the documents creating the
existing right-of-way) and the physical location of the road on the
USR map. 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
Section 23-1-90 of the Weld County Code, the required setback is
measured from the future right-of-way line.
9) The applicant shall show and label an approved access point onto
County Road 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.
10) The applicant shall show and label the approved tracking control on
the site plan.
11) The applicant shall show and label the drainage flow arrows.
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.
2024-2142
PL2924
rcommented [HD1]: Need a variance for the existing
access point as it does not meet access spacing
L critena
SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 7 - DRAFT
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
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 21st day of August, A D , 2024
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST
Kevin D Ross, Chair
Weld County Clerk to the Board
Perry L Buck, Pro-Tem
BY
Deputy Clerk to the Board
Mike Freeman
APPROVED AS TO FORM
Scott K James
County Attorney
Lon Same
Date of signature
2024-2142
PL2924
DRAFT
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC.
USR24-0011
1 Site Specific Development Plan and Use by Special Review Permit. USR24-0011, is 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.
2. Approval of this plan may create a vested property right, pursuant to Section 23-8-10 of
the Weld County Code.
3. Any future structures or uses onsite must obtain the appropriate Zoning and Building
Permits.
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 onsite 24 hours a day and the equipment will be
stored on the site 24 hours a day.
5 The number of employees shall be up to nine (9), as stated in the application materials.
6 The number of on -site commercial vehicles shall be no more than nine (9), as stated in
the application materials.
7 No vehicle repair, washing, or service shall occur onsite.
No derelict -vehicles,-as-defined in Section 2-8-1 90 of the Weld County code, shall -be
stored on the site.
9. The parking area on the site shall be maintained.
10. The existing landscaping/screening on the site shall be maintained.
11. All signs shall adhere to Chapter 23. Article IV, Division 2 of the Weld County Code, if
applicable.
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. 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.
2024-2142
PL2924
Commented [HD2]: Site is designated for parking 24 -
hours a day. Would request the hours of operation to
be removed since this is provided as a general idea,
but may vary based on needs and could very well have
trucks leave or come back at different times than the
5am or 7pm
• Commented [HD3]: The presence of Derelict Vehicles
is an allowed use in the Agricultural Zone. The site
includes a residence and farm, The request for a
special use does not mean that a use by right can be
removed. We would ask this condition be removed.
DEVELOPMENT STANDARDS (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 2 - DRAFT
15 The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement
16 The Road Maintenance Agreement for this site may be reviewed on an annual basis,
including a site visit and possible updates
17 The historical flow patterns and runoff amounts on the site will be maintained
18 All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities
Act, CRS §30-20-100 5) shall be stored and removed for final disposal in a manner that
protects against surface and groundwater contamination
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, CRS §30-20-100 5
20 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 applicant shall operate in accordance with Chapter 14, Article I of the Weld
County Code
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
22 Any On -site Wastewater Treatment System (OWTS) located on the property must comply
with all provisions of the Weld County Code, pertaining to OWTS
23 A permanent, adequate water supply shall be provided for dunking and sanitary purposes,
if required for business use
24 For employees or patrons onsite for less than two (2) consecutive hours a day, and two (2)
or less full-time employees onsite, 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
25 The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code
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
2024-2142
PL2924
DEVELOPMENT STANDARDS (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 3 - DRAFT
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 have been adopted by
Weld County 2018 International Codes, 2018 International Energy Conservation Code,
and 2020 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, or an Open Hole Inspection shall be required A Building Permit must be issued
prior to the start of construction
28 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
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
30 All buildings shall comply with the setback from oil and gas wells, per Section 23-4-700,
as amended
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
2024-2142
PL2924
DEVELOPMENT STANDARDS (USR24-0011) - SAMUEL AND LAURA GAVITO,
C/O GAVITO TRUCKING, INC
PAGE 4 - DRAFT
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
2024-2142
PL2924
Hello