HomeMy WebLinkAbout920104.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING TO CONSIDER REVOCATION OF
SPECIAL REVIEW PERMIT #908 - LAKU LANDING, C/O PHILIP G. AND ELLEN J.
YASTROW/RANDY HOCKING
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 January 8, 1992, a Show Cause Hearing was conducted to consider
revocation of Special Review Permit #908, issued to Laku Landing, c/o Philip G.
and Ellen J. Yastrow/Randy Hocking, and
WHEREAS, Philip G. and Ellen J. Yastrow and Randy Hocking are owners of the
facility located on property described as part of the Si of Section 20, and part
of the Ni of Section 29, Township 6 North, Range 67 West of the 6th P.M. , Weld
County, Colorado, and
WHEREAS, at the hearing of January 8, 1992, the Board deemed it advisable
to continue said matter to January 22, 1992, at which time the matter was again
continued to February 5, 1992, at 10:00 a.m. , and
WHEREAS, at said hearing of February 5, 1992, Ken Lind, attorney
representing said permit holders, Philip Yastrow, and Randy Hocking were present,
and
WHEREAS, after extensive discussion and testimony, staff recommended
continuing said matter to February 10, 1992, to allow time to report the
availability of a representative from the Federal Emergency Management Agency to
be present for a hearing to be scheduled at that time, and
WHEREAS, the Board deemed it advisable to continue said Show Cause Hearing
concerning the revocation of Special Review Permit #908, issued to Laku Landing,
c/o Philip G. and Ellen J. Yastrow/Randy Hocking, to February 10, 1992, at 10:00
a.m.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing concerning the revocation of
Special Review Permit #908, issued to Laku Landing, c/o Philip G. and Ellen J.
Yastrow/Randy Hocking, be, and hereby is, continued to February 10, 1992, at
10:00 a.m.
920104
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RE: SHOW CAUSE HEARING - LAKU LANDING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 5th day of February, A.D. , 1992.
Lbliktin
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board �g '4�/�
Geor e Kenn y, hairman U{
BY: /I
,Y 4 tiT/'/
Deputy Clerk to the Board onstance L. Harbert, Pro-Tem
APPROVED AS TO FORM j .G _ /.
C. W. Kirby
EXCUSED Attorney ` Gordon E. Lacy ,
469 hhi,,te
W. H. Webster
920104
HEARING CERTIFICATION
DOCKET NO. 91-61
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL REVIEW PERMIT
#908 - LAKU LANDING, C/O PHILIP G. AND ELLEN J. YASTROW/RANDY HOCKING
A public hearing was conducted on February 5, 1992, at 10:00 A.M. , with
the following present:
Commissioner George Kennedy, Chairman
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby
Commissioner Gordon E. Lacy
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Lanell Swanson
The following business was transacted:
I hereby certify that pursuant to a notice dated November 20, 1991, and
duly published December 19, 1991, in The New News, a public hearing was
conducted on January 8, 1992, to consider the revocation of Special Review
Permit #908 issued to Laku Landing, c/o Philip G. and Ellen J.
Yastrow/Randy Hocking. Said hearing of January 8, 1992, was continued to
January 22, 1992, at which time the hearing was again continued to
February 5, 1992, at 10:00 a.m. At said hearing of February 5, Lee
Morrison, Assistant County Attorney, made this a matter of record. Lanell
Swanson, Planning Department representative, said the permit holders are
not in compliance with Development Standards #5, #25, and #29, and stated
reasons for each. She also mentioned the letter of February 3, 1992, from
the Federal Emergency Management Agency (FEMA) , which states they are also
out of compliance with their regulations. Commissioner Lacy said he will
be leaving a 10:45 a.m. for a funeral. Mr. Morrison explained that if
there is a split vote, Commissioner Lacy will review the taped record and
make the final decision. Ken Lind, attorney representing the permit
holders, was present and stated the burden of proof is put on the Planning
Department, according to the Weld County Administrative Manual. Mr.
Morrison explained that does not preclude rebuttal from the Planning staff
and/or the public. Mr. Lind said he objects to the FEMA letter because he
just received a copy of it. He also stated the permit holders have been
left out of meetings between FEMA and County staff. Mr. Lind said there
are no violations and they are in compliance with Weld County Development
Standards and FEMA regulations at this time. Ms. Swanson answered various
questions for Mr. Lind concerning effective dates of the Flood Hazard
Overlay District Zoning Map, and dates of interactions between Planning
staff and permit holders. (Change to Tape #92-06 during discussion
between Mr. Lind and Ms. Swanson. )
Let the record reflect that Commissioner Lacy is now absent.
There was further discussion between Mr. Lind and Ms. Swanson concerning
interpretations of the Zoning Ordinance and which maps were used through
the process thus far. Mr. Morrison verified the documents in the file
with Ms. Swanson. Brian Hyde, Colorado Water Conservation Board, briefed
the Board on various meetings with FEMA and explained Weld County is to
use the best available information, which was preliminarily approved in
November of 1990. Mr. Hyde answered questions of staff and the Board. He
stated the official map was approved September 27, 1991; however, the
engineering firm that worked on the preliminary map is the same firm that
the permit holders have been involved. Mr. Hyde answered questions of Mr.
Lind concerning the extent of the changes to the map. Ms. Swanson made
the preliminary and final maps part of the record as Exhibits 1 and 2.
Mr. Hyde, Ms. Swanson, and Mr. Morrison answered further questions of the
Board. Mr. Lind said he objects to public testimony, according to Weld
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RE: HEARING CERTIFICATION - LAKU LANDING
PAGE 2
County procedure, unless they are examined as witnesses. Mr. Morrison
recommended proceeding with Mr. Lind's case, then allowing controlled
comments from the public. Mr. Lind called Phil Yastrow, permit holder, as
a witness. Mr. Yastrow answered various questions for Mr. Lind concerning
activity on the site and various issues with Planning since May 23, 1991.
Commissioner Kennedy questioned the pertinence of this questioning. Mr.
Morrison explained the floodway was not effective until after the permit
holders were far into the project. Mr. Yastrow marked on a map, Exhibit
B, where stockpiles are located and explained they were aware of a new
snap; however, their engineers told them it was not accurate data.
(Changed to Tape #92-07 during Mr. Yastrow's presentation. ) Mr. Yastrow
said he did not realize there was such a large difference in the old and
new maps. He also informed the Board that he has made an error submission
to FEMA regarding FEMA's error on the revised map. Commissioner Harbert
clarified that Mr. Yastrow is to work with the Planning staff, who will in
turn deal with FEMA. There was further discussion concerning interactions
with FEMA, and Mr. Yastrow answered questions of the Board. Mr. Lind said
certified studies and reports have been recently submitted to FEMA which
puts Laku Landing in compliance with Weld County and FEMA.
Let the record reflect that a recess was taken at this time until 1:20
p.m.
Upon reconvening, Commissioner Lacy was still absent. Mr. Lind and Mr.
Yastrow commented on various documents submitted to the Planning
Department. Mr. Lind said they are officially withdrawing the building
permit application for the scale and the Flood Hazard permit application
of October 17. They will rely on the application of August 8 and work
with staff to certify. He said the agricultural shed and the platform are
exempt from building permits according to the Building Code Ordinance;
however, they will leave them before the Planning Department. Mr. Yastrow
explained the procedure he used to prepare his submission, Exhibit C, made
to the Water Conservation Board on February 4, 1992, which is now under
certification. Said submission showed no increase in water levels due to
construction on the site. Mr. Yastrow said they are not in violation of
FEMA or State regulations; however, they may be in violation of County
regulations by having stockpiles in the floodway. After further
_discussion, Mr. Yastrow said the first lake is complete, and the second
lake could be completed without placing stockpiles in the floodway. There
-was discussion concerning the need to have the stockpiles removed by April
3, 1992, in order to comply with FEMA regulations. Ms. Swanson read into
the record the matters, other than removing the stockpiles, that need to
be resolved. Commissioner Kirby suggested resolving the issue on the
stockpiles, and Commissioner Harbert called on Chuck Cunliffe, Planning
Department Director, for his suggestions and opinion on the information
submitted so far. Mr. Cunliffe said the stockpiles are the main physical
concern for FEMA and the County. He also stated Mr. Yastrow's error
submission to FEMA on January 6, 1992, is incomplete. Mr. Cunliffe
explained if Laku Landing is not in compliance by April 5, 1992, Weld
County will be put on probation, and he answered questions of the Board.
(Changed to Tape #92-08 during Mr. Cunliffe's comments. ) Mr. Cunliffe
said staff has received two submittals with different information and now
a third has been submitted. He would like one consolidated application
for a Flood Hazard Development permit. Mr. Cunliffe clarified for Mr.
Lind that the agricultural shed and platform (boat dock) are not exempt
because there is a Special Review Permit on the property. Mr. Lind said
they are willing to submit an amendment to the August 8 application, but
they will not submit a new application and stated reasons. He said there
are approximately 79,000 tons of material on site and suggested options
for the County to allow compliance. After further discussion,
Commissioner Kirby asked what the County's chances are in District Court.
Mr. Morrison explained if the recorded Special Review plat did not show
the floodway consistent with the 1992 floodway, it would be a very
difficult, but not impossible, case. However, prior to June of 1990, the
920104
RE: HEARING CERTIFICATION - LAKU LANDING
PAGE 3
permit holder did recognize the new lloodway. After further discussion,
Commissioner Kirby questioned the time frame for -removal of the
stockpiles. Ms. Swanson said, according to the _permit holders'
applicati-on, no large stockpiles were to exist because landscaping was to
be done as the project proceeded. Commissioner Kennedy suggested the
Hoard subpoena FEMA. Mr. Cunliffe said he believes FEMA would be willing
to attend. Mr. Morrison said he doubts if the Board has the power to
subpoena and suggested an invitation. Mr. Lind suggested a meeting with
FEMA. The Board discussed continuing said matter to allow FEMA's
presence. Thomas Francis, surrounding property owner, asked if he would
be allowed to speak. Mr. Morrison informed the Hoard that the testimony
should apply only to today's discussions, and that Mr. Lind may rebut.
Mr. -Francis commented on the revised map and stated concerns about his
farm flooding. He also commented on the survey done by Mr. Yastrow. Mr.
Yastrow said the survey was not done for the revised map, only for a new
study, which showed a reduction in flood waters on Mr. Francis' _property.
Mr. tunliffe suggested continuing said matter to Monday or Wednesday of
next week. Commissioner Kirby moved to continue the Show Cause Hearing
concerning the revocation of Special Review Permit 119D8 issued to Laku
Landing, c/o Philip G. and Ellen J. Yastrow/Randy Hocking, to Monday,
February 10, 1992, at 10:00 a.m. Commissioner Webster seconded the
motion. Mr. Morrison stated said hearing is to allow staff to report
FEMA's availability to be present for a hearing and schedule that hearing.
There will be no further testimony taken at the February 10, 1992,
hearing. The motion carried unanimously.
This Certification was approved on the 10th day of February, 1992.
/{��1� '" APPROVED:
ATTEST: �/�Vj BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to the Board
By: Geo a Ke edy, Chairman -����� �f
Deputy lerk to the Board
Constance L. Harbert, Tro-Tem
TAPES #92-05 through #92-08
C. W. Kirby �
DOCKET #91-61
Go L cy
2L0689
W.H. Webster
920104
ATTENDANCE -R E C O R D
HEARINGS ARE AS FOLLOWS ON THIS 5th DAY OF February 1992:
DOCKET 11 92-09 - USR - JEFF WHITE
DOCKET It 91-61 - SHOW CAUSE - LAKU LANDING, C/O YASTROW AND HOCKING
DOCKET #
DOCKET i!
PLEASE write or print your name legibly, your address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
/NAME ADDRESS
#{EARING ATTENDING
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