HomeMy WebLinkAbout20231873.tiffHEARING CERTIFICATION
DOCKET NO. 2023-10.B
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 July 12, 2023, at 9:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
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:
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. Bruce Barker, County
Attorney, made this a matter of record.
,,, Kim Ogle, Department of Planning Services, provided a history of the case, and provided a
PowerPoint presentation, which showed images from the initial site visit on January 25, 2023, and
the most recent site visit on June 28, 2023. He described the progress that had been made since
the last hearing, shared images of the drawings from the approved USR map, and stated the
Department of Planning Services reached out to the attorneys for the Ogilvy Ditch, who indicated
they have concerns. He outlined the Development Standards in which the site is still not in
cc : PL (TP/MN/ t<O
0'/23 /23
2023-1873
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 2
compliance and stated the Department of Planning Services recommends continuing the
Probable Cause hearing or setting a Show Cause hearing.
Whitney Colter, Fisher, Brown, Bartlett, Larsen and Irby, P.C., represented the Ogilvy Ditch
Company and stated they are not opposed to the operation; however, the permittees do not have
an agreement in place with the ditch company to allow stormwater discharge into the Ogilvy Ditch.
Donn Foster, permittee, stated he spoke with the person who "takes care of" the ditch and
indicated he did what that person had said they wanted done with the stormwater runoff, including
installing a concrete head wall to catch any oil. He confirmed there is not an agreement in place
with the Ogilvy Ditch Company and asserted he had never been asked to sign one. He agreed to
discuss said agreement with the ditch company and noted the ditch runs through his property, as
he owns both sides.
The Board commended the progress made on the site, thus far, and discussed the amount
of time needed to get an agreement in place with the ditch company and bring the site into
compliance.
Commissioner Buck moved to continue the matter to January 10, 2024, at 9:00 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. The motion was seconded by Commissioner Saine, and it carried
unanimously. There being no further discussion, the hearing was completed at 9:52 a.m.
This Certification was approved on the 26th day of July, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: ddee�
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
Milo-Freevyan, Chair
Pro-Tem
K. James
OSS
XCUSED DATE OF APPROVAL
Lori Saine
2023-1873
PL0674
ATTENDANCE LIST
NAME - PLEASE PRINT
ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF SPEAKING
LEMMA
Cc/
RESIDENCE (YIN)?
fo/Ie Q -p
eT 1� o t3v i q
�,dP� 5t�,(i� ;✓�
3 kfi1'S Sb6 Sly tqW
y
(tt �.✓
WQI d n
,1f
i
Hello