HomeMy WebLinkAbout20240053.tiffRESOLUTION
RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0021,
CONCERNING USE BY SPECIAL REVIEW PERMIT, USR11-0004 - DONN FOSTER
AND MARY LEE HARDY, FOSTER TRUCKING, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, on the 1st day of February, 2023, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Donn Foster
and Mary Lee Hardy, Foster Trucking, Inc., P.O. Box 513, Kersey, Colorado 80644, was in
compliance with certain Development Standards contained in Use by Special Review Permit,
USR11-0001, 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, and
WHEREAS, the alleged violations were said to be occurring on property being further
described as follows:
Lots A and B of Recorded Exemption, RE -4573;
being part of the N1/2 SW1/4 of Section 1,
Township 5 North, Range 65 West of the 6th P.M.,
Weld County, Colorado
WHEREAS, on February 1, 2023, the Board heard the testimony and statements of those
present and reviewed the request of the Donn Foster and Mary Lee Hardy, Foster Trucking, Inc.,
for a continuance and, having been fully informed, continued the matter to July 12, 2023, at
9:00 a.m., to allow the Fosters adequate time to bring the site into compliance, and
WHEREAS, at said hearing on July 12, 2023, the Board heard the testimony and
statements of those present and, having been fully informed, deemed it advisable to continue the
matter to January 10, 2024, at 10:00 a.m., to allow the permittees additional time to get an
agreement in place with the Ogilvy Ditch Company and bring the site into compliance, and
WHEREAS, on January 10, 2024, after hearing testimony from the Department of
Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2
Administration, of the Weld County Code, there is sufficient probable cause to schedule a Show
Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked
for failure to comply with certain Development Standards.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado that there is probable cause to believe the permit holder is not in compliance
with the following Development Standards, due to the associated factual findings:
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02 /27/2.4
2024-0053
PL0674
PROBABLE CAUSE, PCSC22-0021 - DONN FOSTER AND MARY LEE HARDY,
C/O FOSTER TRUCKING, INC. (USR11-0004)
PAGE 2
1. The Site Specific Development Plan and Use by Special Review Permit,
USR11-0004, is 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 District (maintenance and fabrication of new and
existing trucks), provided 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, as indicated in the
application materials on file and subject to the Development Standards stated
hereon.
Finding: The Board incorporates, by reference, its findings for
Development Standards #11, #20, #21, #22, #24, and #35, infra.
11. All potentially hazardous chemicals must be handled in a safe manner, in
accordance with product labeling and in a manner that minimizes the release of
Hazardous Air Pollutants (HAP's) and Volatile Organic Compounds (VOC's). All
chemicals must be stored secure, on an impervious surface, and in accordance
with manufacturer's recommendations.
Finding: There is probable cause to believe there is an unpermitted fuel tank on
the property.
20. The historical flow patterns and runoff amounts will be maintained on the site in
such a manner that it will reasonably preserve the natural character of the area
and prevent property damage generally attributed to runoff rate and velocity
increases, diversions, concentration, and/or unplanned ponding of storm runoff.
Finding: There is probable cause to believe the site has not been constructed in
conformance with the accepted drainage plans and there is evidence of damage
and washing out of the adjacent Ogilvy Ditch.
21. The applicant must take into consideration stormwater capture/quantity and
provide accordingly for Best Management Practices.
Finding: There is probable cause to believe the site has not been constructed in
conformance with the accepted drainage plans which means it is impossible to
assess whether they meet Best Management Practices for stormwater.
22. Weld County will not maintain on -site drainage related areas or medians. This must
be addressed by the owner.
Finding: There is probably cause to believe Weld County has needed to be
involved in maintenance via compelling Permittee to maintain their drainage
facilities.
24. The applicant is required to comply with all Colorado Department of Public Health
and Environment, Water Quality Control Division, regulations regarding
2024-0053
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PROBABLE CAUSE, PCSC22-0021 - DONN FOSTER AND MARY LEE HARDY,
C/O FOSTER TRUCKING, INC. (USR11-0004)
PAGE 3
stormwater quality, permitting and protection, and construction of stormwater
discharges.
Finding: There is probable cause to believe that the stormwater discharge has not
been constructed in conformance with the accepted plans which means that
requirements for flow and quality are not being met.
35. Weld County shall not be responsible for the maintenance of on -site drainage
related facilities.
Finding: The Board incorporates, by reference, its finding for Development
Standard #22.
46. The Use by Special Review area shall be limited to the plans shown hereon and
governed by the foregoing Development Standards and all applicable Weld County
regulations. Substantial changes from the plans or Development Standards, as
shown or stated, shall require the approval of an amendment of the Permit by the
Weld County Board of County Commissioners before such changes from the plans
or Development Standards are permitted. Any other changes shall be filed in the
office of the Department of Planning Services.
Finding: There is probable cause to believe the site has not been constructed in
accordance with the accepted plans, including issues with the stormwater water
quality pond, presence of a fuel tank not on the plans, no placement of a proper
stop sign, and inadequate handicap parking signage.
47. The property owner or operator shall be responsible for complying with all of the
foregoing Development Standards. Noncompliance with any of the foregoing
Development Standards may be reason for revocation of the Permit by the Board
of County Commissioners.
Finding: The Board incorporates, by reference, its findings for Development
Standards #1, #11, #20, #21, #22, #24, #35 and #46.
BE IT FURTHER RESOLVED by the Board that a Show Cause Hearing be scheduled to
formally determine whether or not the site is in compliance with the foregoing Development
Standards incorporated in Use by Special Review Permit, USR11-0004. At said Hearing, the
Permittee is expected to address and present evidence on:
1. Whether all potentially hazardous chemicals, including, but not limited to, fuel, is
being stored in a safe manner? (Development Standard #11)
2. Whether the drainage areas, as constructed, are adequately protective of water
quality and the Ogilvy Ditch? (Development Standards #20, #21, #22, #24, #35)
2024-0053
PL0674
PROBABLE CAUSE, PCSC22-0021 - DONN FOSTER AND MARY LEE HARDY,
C/O FOSTER TRUCKING, INC. (USR11-0004)
PAGE 4
3. Whether the site and related drainage areas, as constructed, materially differ from
the plans designed and accepted as part of the Use by Special Review Permit,
and whether such material differences are substantial? (Development
Standard #46)
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing
shall be February 21, 2024, at or about 10:00 a.m., in the Assembly Room of the Weld County
Administration Building, 1150 O Street, Greeley, Colorado 80631.
BE IT FURTHER RESOLVED by the Board that the procedures for the Show Cause
Hearing will follow Weld County Code Chapter 2, Section 2-4-50. As such, pursuant to
Section 2-4-50.0, the Board will also consider mitigating or aggravating factors in determining
what remedy is appropriate. Remedies may include revocation of the USR Permit, temporary
suspension of the Permit, civil penalties, or any other remedy the Board deems just and proper.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 10th day of January, A.D., 2024.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY. COLORADO
ATTEST: C .,,,s /h, J
Weld County Clerk to the Board
BY:
tau to
Deputy Clerk to the Board
APP' • ED AS
ounty A orney
-112-7-124
Date of signature:
Perry L :`� ck, Pro-Tem
K
Mike F eeman
K.
Scot
Sc James
2024-0053
PL0674
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