HomeMy WebLinkAbout20242142.tiffRESOLUTION
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 10:00 a.m., in the Chambers of the Board, for the purpose of hearing
the application of Samuel and Laura Gavito, c/o 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 and represented by
Hannah Dutrow, AGPROfessionals, 3050 67th Avenue, Greeley, Colorado 80634, 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:
1. 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 23-2-230.6 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
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SPECIAL REVIEW PERMIT (USR24-0011) - SAMUEL AND LAURA GAVITO,
CIO GAVITO TRUCKING, INC.
PAGE 2
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: "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."
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 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 23-2-230.6.3 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, for a retail shop that sells trees, shrubs, decor, and
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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 (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 are a 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 sustainability of the regional agricultural and energy
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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,
work and shop style environment. Mixed Use areas and some limited
commercial use areas have been identified along major arterials 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 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 23-2-230.6.6 — 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
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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:
1. 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.
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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. 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 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.
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.
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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. GOL ADO
ATTEST: '/�•��.J ..,:
Weld County Clerk to the Board
Bv'V(• l2)Aac)1z.�
Deputy Clerk to the Board
APP 'VED
oun y - •rney
Date of signature: $ IZq I
Kevin D. Ross, Chair
erry L. Buc,, Pro-Tem
ike reeman
K. James
on Saine
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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 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.
8. No derelict commercial vehicles, as defined in Section 23-1-90 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.
15. The property owner shall comply with all requirements provided in the executed Road
Maintenance Agreement.
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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, C.R.S. §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, C.R.S. §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 drinking 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.
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
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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.
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
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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.
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