HomeMy WebLinkAbout20240054.tiffHEARING CERTIFICATION
DOCKET NO. 2023-10.C
RE: PROBABLE CAUSE HEARING, PCSC22-0021, TO CONSIDER SETTING A SHOW
CAUSE HEARING TO DETERMINE WHETHER OR NOT THE PERMITTEE IS IN
COMPLIANCE WITH CERTAIN DEVELOPMENT STANDARDS, FOR A SITE SPECIFIC
DEVELOPOMENT PLAN AND 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 January 10, 2024, at 9:00 a.m., with the following present:
Commissioner Kevin D. Ross, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Mike Freeman
Commissioner Scott K. James
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Mike McRoberts
Planning Services Department representative, Kim Ogle
The following business was transacted:
Ei A public Probable Cause hearing, PCSC22-0021, was conducted on February 1, 2023, to
consider setting a Show Cause Hearing to determine whether or not the permittee, Donn Foster
and Mary Lee Hardy, Foster Trucking, Inc., is in compliance with certain Development Standards
contained in 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. At said hearing, the Board continued the matter to July 12, 2023, to
allow the permittees adequate time to bring the site into compliance, and on July 12, 2023, the
Board continued the hearing to January 10, 2024, to allow the permittees additional time to get
an agreement in place with the Ogilvy Ditch Company and bring the site into compliance.
Bruce Barker, County Attorney, made this a matter of record.
El Kim Ogle, Department of Planning Services, read a prepared statement (Exhibit E), which
provided a history of the case, outlined the past hearing dates and stated he made visits to the
site on December 7, 2023, and January 4, 2024, to check any progress the permittees had made.
He explained several items are not in compliance with the signed plans, which were approved
cc: PL(ER/MN/Ko)
02/27/2'(
2024-0054
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 2
during the initial USR application process, including items related to the ditch, handicap parking,
and a stop sign. He mentioned the fueling station that is on -site was not a part of the original USR
Permit or plan, but it has been signed off on by the City of Greeley, and stated there is an
agreement, in principle, between Donn Foster (permittee) and the Ogilvy Ditch Company but said
agreement has not yet been executed. Mr. Ogle elaborated on the Development Standards (DS),
and stated staff finds the permittee is out of compliance with DS #1, #11, #20, #21, #22, #24, #35,
#46, and #47.
El Donn Foster, permittee, reiterated there is a preliminary agreement with the Ogilvy Ditch
Company, asserted he has agreed to make any improvements the Ditch Company requests, and
stated the stop sign has been moved to its proper location.
There was no public comment concerning this matter.
Mr. Barker explained to the Board the procedure for setting a Show Cause hearing and stated
the specific Development Standards, not in compliance, as referenced previously by Mr. Ogle,
should be a part of the motion. Commissioner James explained to Mr. Foster that the Board is
not currently revoking his USR Permit, but setting a Show Cause hearing, which is the next step
in the process.
In the matter of Probable Cause hearing, PCSC22-0021, Commissioner James moved to find
there is adequate evidence of violations of Development Standards to set a Show Cause hearing,
for February 21, 2024, at 10:00 a.m., for 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., based on the evidence presented by Planning staff, specifically
DS #1, #11, #20, #21, #22, #24, #35, #46, and #47. The motion was seconded by Commissioner
Buck, and it carried unanimously. There being no further discussion, the hearing was completed
at 9:53 a.m.
2024-0054
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 3
This Certification was approved on the 24th day of January, 2024.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to the Board
BY.
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Deputy Clerk to the Board
WELD COUNTY, CO
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Kevin D. Ross, Chair
Perry L. Buc7 Pro- em
ike Freeman
tt K. James
Lori Saine
2024-0054
PL0674
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