HomeMy WebLinkAbout20230275.tiffHEARING CERTIFICATION
DOCKET NO. 2023-10.A
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 February 1, 2023, at 9:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro -Tern
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 A public Probable Cause hearing, PCSC22-0021, was conducted 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. Bruce Barker, County Attorney, made this a matter of record.
= Kim Ogle, Department of Planning Services, provided the site's general location,
improvements on the site, the history of the USR, and relayed collateral, in the amount of
$37,917.00, was secured by Weld County in 2012. He indicated, in 2021, Donn Foster requested
a compliance review of the site, in order to have the collateral released. Mr. Ogle displayed images
from the site inspection, conducted on September 21, 2021, by representatives from the
Department of Planning Services and the Development Review division. He described the
violations, as shown in the photos, which include tracking control, construction to the access,
drainage, erosion, maintenance of the water quality pond, ADA parking, petroleum stains on the
CC:PL.(Tr/HW/rCo)
03/N123
2023-0275
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 2
ground, and a fuel tank that was not a part of the original USR permit. He explained a follow-up
inspection was conducted on October 27, 2022, and asserted most of the violations had not been
addressed. He noted, an off -site inspection, observed from the public right-of-way and the Ogilvy
Ditch road, was conducted on January 25, 2023, and outlined the violations that still existed. He
referenced a letter from the attorney for the Ogilvy Irrigation Ditch Company, which indicated they
are not aware of any agreement authorizing the drainage of surface flows directly into the Ogilvy
Ditch from the subject site, and expressed concerns about the breaches along the ditch and
resulting surface water drainage occurring on the subject site. Mr. Ogle concluded by listing the
12 Development Standards the site is not in compliance with.
Donn Foster, permittee, stated, at the time of the inspection, he was not aware of some of
the violations, but he is now aware. He relayed the fire department has submitted the paperwork
to permit the on -site fuel tank, and asserted he is willing to correct all of the violations.
' = In response to Commissioner James, Mr. Foster indicated, due to the weather, he needed
until the end of June to correct all of the violations. Responding to Chair Freeman, Mr. Ogle
confirmed the site does require double cattle guards for tracking control and explained the
Improvements Agreement and associated drawings provide specifics for all of the required
improvements.
There was discussion as to whether the site posed a health and safety risk, as well as
discussion regarding the next steps of the case.
In the matter of Probable Cause hearing, PCSC22-0021, Commissioner James moved to
continue the hearing to July 12, 2023, at 9:00 a.m., to allow the permittees adequate time to bring
the site into compliance. The motion was seconded by Commissioner Ross, and it carried
unanimously. There being no further discussion, the hearing was completed at 9:53 a.m.
2023-0275
PL0674
HEARING CERTIFICATION - DONN FOSTER AND MARY LEE HARDY, FOSTER TRUCKING,
INC. (PCSC22-0021)
PAGE 3
This Certification was approved on the 15th day of February, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: didev •, p;ve,
Weld County Clerk to the Board
BY:
eputy Clerk to t e Board
Mike man, Chair
Pro -Tern
S t K. James
EXCUSED DATE OF APPROVAL
Kevin D. Ross
257,4%)...
Lori Saine
2023-0275
PL0674
ATTENDANCE LIST
NAME - PLEASE PRINT LEGIBLY
ADDRESS (CITY, STATE ZIP)
EMAIL
Ctt
\('Q, (,)e.;1.tom►
`136, `17'x" Asi, u,..,4-
r,w e 1 o,.,, 19.6 J p,-1,,,,,,,
t,„) -e LA
y'
(a,-Lf C i-t -ate
:,S'Net 6 kd i 50b
' rnr la t cnni-,4,-U,J[►,c. c4
IA)o- L e-1-
I.
Nan o4c1.,Y''
33.giR Co6 52 (n'� `dn�3l
f'
lAiti c
tiv
Vie,-
C.dW‘n oon. vu(=ivcivrl-
7,4'1 211-1ve:Plact
oe(c(
Hello