HomeMy WebLinkAbout20113122.tiff HEARING CERTIFICATION
DOCKET NO. 2011-75
RE: A SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT,
USR11-0015, FOR AN OIL AND GAS SUPPORT FACILITY (WATER HAULING,
CONSTRUCTION AND EXCAVATING COMPANY), IN THE A (AGRICULTURAL)
ZONE DISTRICT-A. C. TRUCKING, LLC, C/O ELISEO ALCANTAR
A public hearing was conducted on December 7, 2011, at 10:54 a.m., with the following present:
Commissioner Barbara Kirkmeyer, Chair
Commissioner Sean P. Conway, Pro-Tern
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Esther Gesick
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Public Works representative, Heidi Hansen
Health Department representative, Mary Evett
The following business was transacted:
I hereby certify that pursuant to a notice dated October 14, 2011, and duly published
October 19, 2011, in the Fort Lupton Press, a public hearing was conducted to consider the
request of A. C. Trucking, LLC, Go Eliseo Alcantar, for a Site Specific Development Plan and
Use by Special Review Permit, USR11-0015, for an Oil and Gas Support Facility (water hauling,
construction and excavating company), in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal,
entered the favorable recommendation of the Planning Commission into the record as written,
and indicated the location of the site, which is within the three-mile referral area for the City of
Fort Lupton. Mr. Ogle stated the 4.5-acre site is screened along the west and south sides, and
staff received two letters of concern from the property owners to the west. He stated eleven
referral agencies reviewed the proposal, four offered comments which have been addressed in
the Conditions of Approval and Development Standards, and he displayed an aerial map and
photographs of the site and surrounding area.
Heidi Hansen, Department of Public Works, stated County Road 20 is a local roadway requiring
60 feet of right-of-way at full buildout, and the average daily traffic count, taken in June 2011,
was approximately 84 vehicles. She stated a Maintenance Agreement will address dust control
and the applicant did provide a water quality depression. She further stated Condition of
Approval #1.E is a duplicate of#1.K and may be deleted.
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Mary Evett, Department of Public Health and Environment, stated the site will be serviced by a
new engineered septic system for the shop and new residence, and water is proposed to be
supplied by an individual well for domestic and commercial use; however, the permit will expire
January 21, 2012, unless an extension is granted or the necessary reports are submitted.
Ms. Evett stated the applicant still needs to submit an on-site Dust Abatement Plan and a Waste
Handling Plan, for review.
Eliseo Alcantar, applicant, stated he has contracted with A & W Water Service to help haul
water in tankers to various job sites. He indicated this is a 24-hour operation, with two
employee shifts, and they currently have five trucks. Responding to Commissioner Conway,
Mr. Alcantar explained the 12-hour shifts are from 6:30 a.m., to 6:30 p.m., with drivers only
returning to the site if there is something wrong with a truck. In response to Commissioners
Rademacher and Conway, Mr. Alcantar stated the site is approximately five (5) acres, there is a
six-foot privacy fence on the west and half of the north side, and he indicated the location of the
existing truck parking located southeast of the shop.
Jay and Susan Pointer, surrounding property owners to the west, stated they learned of this
hearing from the sign posting, and referenced their previous correspondence submissions,
marked Exhibits D and E, expressing opposition to the proposal. They submitted evidence of
attempted communications with the applicant and the Weld County Zoning Compliance Officer,
marked Exhibits F, G, and H. Mr. Pointer expressed concern with truck traffic safety, dust,
diesel exhaust, and health impacts for their daughter's asthma. He reviewed various reports,
marked Exhibits I through N, and also expressed concern with truck fumes and noise causing
undue stress for their riding horses, which could also result in injury. Mr. Pointer displayed
photographs, marked Exhibits O and P, and requested the applicant be required to use noise
dampening equipment on the trucks, provide an adequate lighting buffer to shield the headlights
that shine into their house at night, abide by more conventional hours of operation, and apply
dust suppression near the surrounding residences. He stated an A &W spokesperson informed
him there are no set terms with the subcontractors; rather, they are placed on a call list and it is
up to the contractor whether they accept a job or not. He further stated they chose to live in a
rural area and proposed the applicant continue operating his business from the commercial site
in Fort Lupton. Mr. Pointer stated they are willing to sell their property to the applicant and
leave, and if their daughter's health declines, they will seek legal counsel. There being no
further comments, Chair Kirkmeyer closed public testimony.
Mr. Alcantar submitted a letter from A & W citing the expectations, marked Exhibit Q. In
response to Commissioner Conway, Mr. Alcantar stated it is difficult to control the actions of the
drivers once they leave the site; however, he has expressed his expectations. He also
expressed concern with rejecting service calls from A & W, which may harm his business and
result in layoffs after a solid working relationship for the past 11 years. Responding to Chair
Kirkmeyer, Mr. Alcantar confirmed, upon notice of the violation in 2010, he has been operating
from a rented site in Fort Lupton for the past year. He also reviewed the pieces of equipment he
operates, and explained he does use the on-site shop for mechanical repairs on his personal
equipment; however, they have not been actively operating from the site since 2010.
Mr. Alcantar indicated he is willing to construct a landscaped berm and apply magnesium
chloride to address some of the neighbors' concerns, as the weather and his finances allow.
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Ms. Hansen reviewed the application request for equipment and noted the referral comments
were based on those numbers. She also reviewed the proposed locations for dust control. In
response to Commissioner Garcia, Mr. Alcantar suggested a fence internal to the site and
closer to the truck activity will more effectively shield the lights.
Responding to Commissioner Conway, Ms. Hansen indicated the average daily traffic count is
estimated to increase up to 120 vehicles per day. Responding further to Commissioner
Conway, Phil Brewer, Department of Public Health and Environment, reviewed the air quality
requirements, which is also referred to in Condition of Approval #1.J.1, and he indicated the
State does recognize water as a suppressant option if it is done in a regular basis.
Commissioner Rademacher commended the Pointers for their presentation; however, he
commented the property is in rural unincorporated Weld County and the speed limit is 55 miles
per hour, unless otherwise posted. He stated the drivers should be instructed to turn their Jake
Brakes off before returning to the yard, and agreed with the applicant that A & W may find other
contractors to do the work if the applicant is found to be unavailable, when needed. He further
stated the interior of the site should be surfaced with gravel unless they intend to apply water on
a regular basis. Commissioner Garcia stated the proposed use is similar to other USRs in the
area which have standard 12-hour schedules, and he stated the applicant must contain
headlight beams to the site and apply magnesium chloride at the intersection. He further stated
it is very important to work with, and be considerate of, the neighbors. In response to
Commissioner Rademacher, Mr. Ogle stated the other area USRs are roust-a-bouts, not water
haulers. Commissioners Rademacher and Long agreed it will be difficult to limit this type of
operation to twelve hours a day. Commissioner Conway stated the business operator needs to
be responsible and remedy any action that negatively impacts the area residents, he expressed
concern with the history of violations, and he suggested the night hours be operated from a
separate site, and Chair Kirkmeyer agreed. Mr. Ogle stated USR-1695 for A & W is limited to
hours of 6:00 a.m., to 8:00 p.m., Monday through Sunday, with some extenuating circumstances
operating outside of daylight hours.
The Board agreed to allow one further comment from Ms. Pointer, who stated they do not have
an open line of communication with the applicant; rather, he has been disrespectful and they
have lost their faith in him and are not comfortable making any further requests.
Following discussion, Commissioner Garcia commented the 12-hour shifts make sense
because there should be no activity at the site after the shift change, and he moved to amend
Development Standard #25 to read, "Hours of operation are 6:00 a.m., to 8:00 p.m., Monday
through Sunday." Commissioner Conway seconded the motion, which passed with
Commissioners Rademacher and Long opposed. In response to Commissioners Conway and
Rademacher, Mr. Ogle stated Development Standard #26 reflects the maximum number of
employees employed at the site, regardless of their hours, and Ms. Evett explained the
applicant will need to apply for a septic permit to accommodate the maximum number of
employees at full buildout. In response to Commissioner Kirkmeyer, Ms. Hansen indicated the
haul route will be addressed in the Improvements Agreement, with improvements being made
as a proportional share. Commissioner Rademacher proposed requiring gravel on the interior
of the site to address the concern of the neighbor, and the Board agreed, with clear direction
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given to staff that water is a sufficient dust control measure if applied diligently. They also
clarified Development Standard #24 adequately addresses the lighting, especially if not
operating from the site at night.
In response to Chair Kirkmeyer, Mr. Alcantar stated he is in agreement with the modified hours
of operation and requested clarification on whether drivers are allowed to return to the site if
released from an A & W job early; the Board indicated trucks may only return for the shift
change. Responding to Chair Kirkmeyer, Mr. Alcantar stated he has reviewed, and agrees to
abide by, the Conditions of Approval and Development Standards, as proposed and modified.
Commissioner Garcia moved to approve the request of A. C. Trucking, LLC, c/o Eliseo Alcantar,
for a Site Specific Development Plan and Use by Special Review Permit, USR11-0015, for an
Oil and Gas Support Facility (water hauling, construction and excavating company), in the
A (Agricultural) Zone District, based on the recommendations of Planning staff and the Planning
Commission, with the Conditions of Approval and Development Standards as entered into the
record. His motion included deleting Condition of Approval #1.E and amending Development
Standard #25 to read, "Hours of operation are 6:00 a.m., to 8:00 p.m., Monday through
Sunday." The motion was seconded by Commissioner Rademacher, who also urged the
applicant to instruct drivers to not use Jake Brakes while navigating in the yard. Commissioner
Long stated the applicant must remain in compliance with the Conditions of Approval and
Development Standards, and any documented complaints may be brought back before the
Board as a violation and the USR permit may be suspended or revoked. There being no further
comments, the motion carried unanimously and the hearing was completed at 12:28 p.m.
This Certification was approved on the 12th day of December, 2011.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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Weld County Clerk to the Board
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EXHIBIT INVENTORY CONTROL SHEET
Case USR11-0015 - A.C. TRUCKING, LLC, CIO ELISEO ALCANTAR
Exhibit Submitted By Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes dated 11/01/2011)
D. Jay and Susan Pointer E-mail of Opposition, dated 11/02/2011
E. Jay and Susan Pointer Letter of Opposition, dated 12/7/2011
F. Jay and Susan Pointer Phone Log, calls by Pointers to applicant
G. Jay and Susan Pointer E-mail to Bethany Salzman
H. Jay and Susan Pointer Phone Log
I. Jay and Susan Pointer EPA Study, copy of pamphlet
J. Jay and Susan Pointer EPA document, Health Assessment for Diesel
K. Jay and Susan Pointer Clean Air Task Force Study
L. Jay and Susan Pointer 1-70 EIS
Revisions to Regulation No. 11, Expansion Motor
M. Jay and Susan Pointer Vehicle Emissions
N. Jay and Susan Pointer EPA Air Quality Summary Report
O. Jay and Susan Pointer 13 Photos
P. Jay and Susan Pointer Picture of Property subject to USR
Q. Eliseo Alcantar Letter from A&W Water
R.
S.
T.
U.
V.
W.
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