HomeMy WebLinkAbout20240095.tiffHEARING CERTIFICATION
DOCKET NO. 2023-10.D
RE: SHOW CAUSE HEARING, PCSC22-0021, TO SHOW WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR11-0004, FOR AN OIL
AND GAS SUPPORT FACILITY (WATER HAULING) AND ANY USE PERMITTED AS A
USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE
COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (MAINTENANCE AND
FABRICATION OF NEW AND EXISTING TRUCKS), PROVIDED THAT THE PROPERTY
IS NOT A LOT IN AN APPROVED OR RECORDED SUBDIVISION PLAT OR PART OF
A MAP OR PLAN FILED PRIOR TO ADOPTION OF ANY REGULATIONS
CONTROLLING SUBDIVISIONS, IN THE A (AGRICULTURAL) ZONE DISTRICT -
DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING, INC.
A public hearing was conducted on February 21, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman — EXCUSED
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Kim Ogle
The following business was transacted:
I hereby certify that pursuant to a notice dated February 7, 2024, and duly published
February 9, 2024, in the Greeley Tribune, a public Show Cause hearing, PCSC22-0021, was
conducted to determine whether good cause exists for the revocation of Use by Special Review
Permit, USR11-0004, for an Oil and Gas Support Facility (water hauling) and any Use Permitted
as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial
Zone Districts (maintenance and fabrication of new and existing trucks), provided that the property
is not a lot in an approved or recorded subdivision plat or part of a map or plan filed prior to
adoption of any regulations controlling subdivisions, in the A (Agricultural) Zone District, held by
Donn Foster and Mary Lee Hardy, Foster Trucking, Inc., Karin McDougal, Assistant County
Attorney, made this a matter of record.
_; Kim Ogle, Department of Planning Services, stated since the last hearing (Probable Cause)
on January 10, 2024, staff met with the permittees, the Ogilvy Ditch Company and Ogilvy's
engineer regarding the design standards for the ditch. He relayed Ogilvy's attorney is working on
a Ditch Agreement and the permittee's engineer is working on documents associated with
bringing the USR into compliance. Mr. Ogle requested a continuance to March 27, 2024, to allow
the permittees time to finalize the engineer drawings and the Ditch Agreement. He stated if those
items are finalized by that date Planning Staff will be requesting that the case be referred back to
cc: PL(ER/MN/Ko)
03/29/29
2024-0095
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 2
the Department of Planning Services, to allow staff time to review the accepted engineer
drawings.
El Donn Foster, permittee, agreed with what Mr. Ogle presented and asserted he wanted to
bring the site into compliance. Chair Ross commended Mr. Foster for reaching out to the
Department of Planning Services after the last hearing for clarification of what specifically he
needed to do to bring the site into compliance.
! In response to Commissioner James, Mr. Ogle confirmed the timeline and the actions that
will be taken, moving forward, and Commissioner Saine thanked Mr. Foster for working with staff
to bring the site into compliance.
=W Whitney Coulter, Fischer, Brown, Bartlett, Larsen and Irby, P.C., represented the Ogilvy Ditch
Company and stated the permittees and the Ogilvy Ditch Company are both prepared to sign the
Ditch Agreement.
No public testimony was offered concerning this matter.
El Commissioner Saine moved to continue the matter to March 27, 2024, at 10:00 a.m., to allow
the permittees time to finalize the engineer drawings and the Ditch Agreement. The motion was
seconded by Commissioner Buck, and it carried unanimously. There being no further discussion,
the hearing was completed at 10:36 a.m.
This Certification was approved on the 6th day of March, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. CQLORADO
ATTEST: (,s1
Weld County Clerk to the Board
.ikfaAzoLic_
Deputy Clerk to the Board
0
Keyin.Q. Ross, Chair
erry L. ck, Pro-T"em
EXCUSED
Mike Freeman
2024-0095
PL0674
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