HomeMy WebLinkAbout20151986.tiff HEARING CERTIFICATION
DOCKET NO. 2015-69
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR15-0014 FOR A MINERAL RESOURCE DEVELOPMENT FACILITY, INCLUDING
OIL AND GAS SUPPORT AND SERVICE FACILITY (PARKING AND STAGING OF OIL
AND GAS TRUCKS AND EQUIPMENT, OFFICE AND TRUCK AND EQUIPMENT
MAINTENANCE) IN 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:
El 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 Site Specific
Development Plan and Use by Special Review Permit, USR15-0014, for a Mineral Resource
Development Facility, including Oil and Gas Support and Service Facility (parking and staging of
oil and gas trucks and equipment, office and truck and equipment maintenance) in 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 operator for the site, Energes Services, LLC, is an oil field construction,
maintenance, and trucking company. He further explained the business aspect to include the
daily operations, vehicle parking, existing residence used as an office, proposed new building,
number of employees, and hours of operation. Mr. Gathman stated staff received one letter of
opposition, dated March 9, 2015, citing concerns to include traffic, noise, hours of operation,
light from trucks, diminish property values, and further requested sight and sound barriers be
erected should the application be approved. Mr. Gathman stated there are Conditions of
Approval and Development Standards that require screening from residential properties, an
approved noise abatement plan, and due to the close proximity to residents, the number of
vehicles that can be parked and the hours of operation have been more clearly defined. Staff
sent out 16 referrals and received eight (8) responses indicating no concerns or approval with
conditions. The site is located within the three (3) mile referral area of the Cities of Greeley and
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HEARING CERTIFICATION - MERLE LUTHER AND LUTHER RENTALS 1510, LLC, C/O
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Evans, and the Towns of Garden City and Kersey. The City of Greeley returned the referral
response and stated the property is located in the Long Range Expected Growth Area and
considers this site location to be important because East 20th Street is considered an entry
corridor. Further, the City of Greeley requested the site be screened from adjacent roadways
and properties by fence or landscaping and attached recommended landscaping architectural
standards and water requirements. He reviewed the terms of the lease agreement and the
CDOT requirements in reference to the access permit. He displayed images of the site,
surrounding properties and views, and entered the favorable recommendation of the Planning
Commission into the record as written.
Jennifer Petrik, Planning Services Engineer representative, provided a brief overview of
the transportation plans and requirements stating the location and access is off of
U.S. Highway 34. She reviewed the number of employees, stated up to 200 vehicles could be
parked on-site, reviewed the hours of operation, and stated there were no traffic counts
available. She reported a traffic study was submitted December 8, 2014, which conveyed right
in/ right out traffic for the operation. Ms. Petrik reviewed the referral response comments from
CDOT regarding the requirements related to renegotiating the lease and the temporary access
permit. She reviewed the triggers for the off-site improvements, tracking control measures,
entrance gate setback requirements and turning radii for semi-trucks. Ms. Petrik reviewed the
remaining Conditions of Approval and Development Standards related to Public Works. In
response to Commissioner Cozad, Ms. Petrik deferred to the applicant regarding drainage
requirements. Commissioner Cozad stated she is concerned about the weeds on the property
and maintaining the landscaping and would like to have further discussion regarding this.
ka Lauren Light, Department of Public Health and Environment, reviewed the water and
sewer provisions stating the applicant can use the existing septic if it is reviewed by a
professional engineer. She stated it is also acceptable to use portable toilets for drivers, and
there will be floor drains in the shop. Development Standards (DS) 7-17 cover topics related to
Environmental Health.
El Terry Peltes, CEO of Energes Services, LLC, and Todd Hodges, Todd Hodges Design,
represented the applicant. Mr. Hodges responded to the drainage question and stated they
have a full Grading and Drainage Plan for the construction phase. In response to Commissioner
Cozad, he concurred there are drainage pans, no detention, the pond is delineated further in the
drainage report and will be constructed when they construct the new buildings. He stated
currently, they are moving stuff around, fixing holes, and laying down gravel. Further in
response, Mr. Hodges and Mr. Peltes confirmed stormwater is not draining onto adjacent
properties. Mr. Hodges stated they are working with Staff on changes to some of the Conditions
of Approval and Development Standards.
No public testimony was offered concerning this matter.
In response to Chair Kirkmeyer, Mr. Hodges indicated concerns with Conditions of
Approval (COA) #1.C regarding meeting the concerns for City of Greeley, #1.D regarding the
noise abatement plan, #1.E.8 change to 100 feet, and Development Standard (DS) #3 regarding
2015-1986
PL2357
HEARING CERTIFICATION - MERLE LUTHER AND LUTHER RENTALS 1510, LLC, C/O
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number of vehicles being changed to 200 maximum, rather than types of vehicles as currently
delineated.
la After discussion between the Board and staff, the following changes were recommended.
Chair Kirkmeyer suggested deleting DS #3. Commissioner Cozad suggested adding language
to clarify site maintenance on DS #6. Commissioner Cozad agreed to the deletion of COA #1.C
and D, and renumber the rest. The Board suggested a language change to COA#1.E.8 to read,
"Show the entrance gate setback a minimum of 100 feet from the edge of the shoulder." The
Board agreed to change COA #1.E.10 to read, "The approved screening/buffering plan."Then,
the consensus was to create a new COA #1.C to read, The applicant shall provide a
Screening/Buffering Plan to the Department of Planning Services. The Plan shall be consistent
with the neighborhood and surrounding areas." The Board agreed with all the changes as
discussed.
la Chair Kirkmeyer summarized the changes to the final Resolution. Lastly, staff
recommended a change DS #6 to read, "Weeds and vegetation shall be maintained in a
manner to not become a nuisance to neighbors." The Board agreed with this final change. In
response to Chair Kirkmeyer, Mr. Hodges and Mr. Peltes, indicated they have reviewed, and
agree to abide by, the Conditions of Approval and Development Standards, as amended and
agreed upon.
U. Commissioner Moreno moved to approve the request of Merle Luther and Luther Rentals
1510, LLC, do Energes Services, LLC, for a Site Specific Development Plan and Use by
Special Review Permit, USR15-0014, for a Mineral Resource Development Facility, including
Oil and Gas Support and Service Facility (parking and staging of oil and gas trucks and
equipment, office and truck and equipment maintenance) in the I-1 (Industrial) Zone District,
based on the recommendations of Planning staff and the Planning Commission, with the
Conditions of Approval and Development Standards, as amended, and entered into the record.
The motion was seconded by Commissioner Cozad, and it carried unanimously. Mr. Peltes
expressed his appreciation to the Planning Staff that assisted in the process. There being no
further discussion, the hearing was completed at 11:34 a.m.
2015-1986
PL2357
HEARING CERTIFICATION - MERLE LUTHER AND LUTHER RENTALS 1510, LLC, C/O
ENERGES SERVICES, LLC (USR15-0014)
PAGE 4
This Certification was approved on the 13th day of July, 2015.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLO DO
ATTEST: ditAtiv v• •� `e'
Barbara Kirkmeyer, C air
Weld County Clerk to the Board ` Q
Mike Freeman, Pro-Tem
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De y Clerk to the 4t,
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•••an P. Conway
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A. Cozad
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