HomeMy WebLinkAbout20240450.tiffHEARING CERTIFICATION
DOCKET NO. 2023-10.E
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 March 27, 2024, at 10:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro -Tern
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
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 on February 21, 2024, 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. At said hearing, the
Board deemed it advisable to continue the hearing to March 27, 2024, to allow the permittees
time to finalize the engineer drawings and the Ditch Agreement. Bruce Barker, County Attorney,
made this a matter of record.
ri Kim Ogle, Department of Planning Services, described the progress made since the last
hearing, including the acceptance of construction drawings by the Department of Planning
Services — Development Review, and the Ogilvy Ditch Company, as well as a signed agreement
between the permittees and the Ogilvy Ditch Company. He stated staff recommends dismissing
the case and referring it back to the Department of Planning Services to allow the applicant time
to construct the improvements, in accordance with the accepted drawings.
GC : pL(ER/ MN/Ko/MW /KR)
0,07/24
2024-0450
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 2
El No public testimony was offered concerning this matter.
In the matter of Show Cause hearing, PCSC22-0021, Commissioner James moved to dismiss
the Show Cause hearing and refer the matter back to staff to allow the permittee to construct the
improvements, in accordance with the accepted drawings. The motion was seconded by
Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:26 a.m.
This Certification was approved on the 10th day of April, 2024.
BOARD OF COUNTY COMMISSIONERS
WELD CO
ATTEST: di jai/0 � t
Weld County Clerk to the Board t�
Deputy Clerk to the Board
O,
Kevil. Ross, Chair
erry L :`�ck, Pro-Tem
Mik Freeman
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K. James
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Lori Saine
2024-0450
PL0674
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