HomeMy WebLinkAbout20151972.tiff HEARING CERTIFICATION
DOCKET NO. 2015-68
RE: A CHANGE OF ZONE, COZ14-0007, FROM THE C-3 (BUSINESS COMMERCIAL)
ZONE DISTRICT TO THE I-1 (INDUSTRIAL) ZONE DISTRICT - MERLE LUTHER AND
LUTHER RENTALS 1510, LLC, C/O ENERGES SERVICES, LLC
A public hearing was conducted on July 8, 2015, at 10:00 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Sean P. Conway
Commissioner Julie A. Cozad
Commissioner Steve Moreno
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Brad Yatabe
Planning Services Department representative, Chris Gathman
Planning Services Engineer representative, Jennifer Petrik
Health Department representative, Lauren Light
The following business was transacted:
I hereby certify that pursuant to a notice dated May 29, 2015, and duly published
June 3, 2015, in the Greeley Tribune, a public hearing was conducted to consider the request of
Merle Luther and Luther Rentals 1510, LLC, do Energes Services, LLC, for a Change of Zone,
COZ14-0007, from the C-3 (Business Commercial) Zone District to the I-1 (Industrial) Zone
District. Brad Yatabe, Assistant County Attorney, made this a matter of record.
Chris Gathman, Department of Planning Services, presented a brief summary of the
proposal and stated the location of the site and the intent of the applicant regarding the Change
of Zone is to operate an oil and gas support business. He stated the site has an active Zoning
Violation (ZCV#14-00167), due to the operation of an oil and gas related business and the
storage of oil and gas related trucks and equipment without the necessary Weld County Zoning
Permits. Mr. Gathman clarified because oil and gas related businesses are not allowed as a
Use in the C-3 Commercial Zone District, the applicant is seeking the Change of Zone. He
stated the applicant also has a subsequent application for a Use by Special Review Permit,
USR15-0014, and approval of this Change of Zone and, thereafter, the USR, will correct the
violation. Mr. Gathman provided the history of the property, described the adjacent properties
and uses, stating the proposed use would be compatible with the area. No referral responses or
phone calls were received from surrounding property owners. Staff sent out 12 referrals and
received seven (7) responses with no comments or with approval including recommendations.
Mr. Gathman conveyed the City of Greeley provides water to the site and listed as a concern on
the referral response, the close proximity of an Industrial Use to the Bella Romera Elementary
School. He further stated the City of Greeley requested the Board consider the high degree of
incompatibility this would cause to the area. Mr. Gathman noted for the record that the school is
approximately 600-800 feet south of the site and accesses onto East 20th Street, and this site
accesses onto U.S. Highway 34; therefore, there is no immediate traffic connection between the
2015-1972
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HEARING CERTIFICATION - MERLE LUTHER AND LUTHER RENTALS 1510, LLC, C/O
ENERGES SERVICES, LLC (COZ14-0007)
PAGE 2
site and the school. He stated the closest residence is owned by the applicant; however, due to
the close proximity to the residential properties, staff is recommending screening. He displayed
photos of the site, adjacent views and surrounding properties and entered the favorable
recommendation of the Planning Commission into the record as written. In response to
Commissioner Conway, Mr. Gathman stated the neighbors were notified, and staff did receive
one letter from a surrounding property owner.
• Jennifer Petrik, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements for the Change of Zone. She stated the Colorado
Department of Transportation (CDOT) is working with the applicant regarding the requirements
for an access permit, recorded easements being shown on the plat, and future right-of way for
CDOT and HWY 34 must also be shown on the plat. She reviewed the relevant Development
Standards (DS) for the Department of Public Works citing maintenance of the property in
relation to the removal of noxious weeds and maintaining the historical flow patterns.
• Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the City of Greeley provides water to the site and there is a current
septic system for the residence on the site; however, the applicant also applied for a septic
system that would serve the house and the shop. She reviewed the Condition of Approval that
requires the applicant have the new septic system in place prior to recording the plat, and she
reviewed the other relevant Development Standards regarding Environmental Health.
• Terry Peltes, CEO of Energes Services, stated the main office for the business is in
Lucerne and it is a standard oil field support business. In response to Commissioner Cozad,
Mr. Peltes stated the business that is currently in violation has been operating since March of
2014. Taking full responsibility for the violation, he gave the history of the situation and the steps
being taken to correct the matter. In response to Commissioner Conway, Mr. Peltes reported
that he sent notifications to all the surrounding residents and made an effort to communicate
with those who responded. He recounted the efforts to reach out to Mrs. Markley by inviting her
to the property, and she came to discuss her concerns, and seemed happy with the mitigation
efforts. Mr. Peltes further clarified the area where trucks are parked in close proximity to a
resident would become the leach field for the new septic system which will provide a buffer. He
stated there would need to be a lease extension, he has agreed to put up slatted fencing for
screening, and they will be getting rid of surplus vehicles.
el No public testimony was offered concerning this matter.
• In response to Chair Kirkmeyer, Terry Peltes, and Todd Hodges, representing Merle
Luther and Luther Rentals 1510, LLC, c/o Energes Services, LLC, indicated they have
reviewed, and agree to abide by, the Conditions of Approval, as amended.
• In response to Commissioner Cozad, Mr. Gathman outlined the uses allowed in
C-3 (Commercial) and I-1 (Industrial) Zone Districts and stated the relevant difference is there is
no oil and gas operations allowed in the current C-3 (Commercial) Zoning; therefore, the
proposed change to I-1 (Industrial). Chair Kirkmeyer recommended deleting Condition of
2015-1972
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HEARING CERTIFICATION - MERLE LUTHER AND LUTHER RENTALS 1510, LLC, C/O
ENERGES SERVICES, LLC (COZ14-0007)
PAGE 3
Approval (COA) #1D, and further suggested the wording for COA #3D be changed to read,
"Water service is obtained from the City of Greeley." Commissioner Conway suggested
amending COA #3.O regarding screening. After discussion with Staff and the Board, Chair
Kirkmeyer suggested additional language to read, "Any screening and/or buffering should be
consistent and appropriate for the neighborhood or surrounding area." The Board concurred
with all the changes.
Chair Kirkmeyer summarized the changes to the final Resolution for the Change of Zone
application. In response to Chair Kirkmeyer, Mr. Peltes stated he is in agreement with all the
changes and agrees to abide by the Conditions of Approval and Development Standards, as
amended.
Commissioner Cozad moved to approve the request of Merle Luther and Luther Rentals
1510, LLC, do Energes Services, LLC, Change of Zone, COZ14-0007, from the C-3 (Business
Commercial) Zone District to the I-1 (Industrial) Zone District, based on the recommendations of
Planning staff and the Planning Commission, with the Conditions of Approval as amended and
entered into the record. The motion was seconded by Commissioner Conway. Commissioner
Conway thanked the applicant and encouraged him to continue to be a good neighbor and
mitigate the concerns. Commissioner Moreno echoed the comments that the conversation
needs to continue with the neighbors. The motion carried unanimously. There being no further
discussion, the hearing was completed at 10:51 a.m.
This Certification was approved on the 13th day of July, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /.�Ztitoo &C jlo%ii
/Barbara Kirkmeyer, C air
Weld County Clerk to the Board
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' • Mike Freeman, Pro-Tem
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D-•ity Clerk to the Bard I1
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