HomeMy WebLinkAbout911049.tiff RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW
PERMIT 11537 - JAMES MCDONALD
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 August 28, 1991, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or
not James McDonald, was in compliance with certain Conditions of Approval
and Development Standards contained in Special Review Permit 11537, and
WHEREAS, the alleged violations were said to be occurring on property
described as part of the SW* of Section 25, Township 2 North, Range 68
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, the Board, after hearing testimony from the Planning
Department, finds that pursuant to the Standard in the Administrative
Manual there is sufficient probable cause to schedule a Show Cause Hearing
to consider whether or not the Special Review Permit issued to James
McDonald should be revoked for failure to comply with certain Conditions
of Approval and Development Standards, and
WHEREAS, the Board shall hear evidence and testimony from all
interested parties at said Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners
of Weld County, Colorado, that a Show Cause Hearing be scheduled to
determine whether or not the Special Use Permit issued to James McDonald,
should be revoked.
BE IT FURTHER RESOLVED by the Board that the issue to be considered
by the Board at said Show Cause Hearing is whether or not the permit
holder is in compliance with the following Conditions of Approval and
Development Standards:
Operation Standard 111:
The uses permitted shall be an airport for no more
than twenty-five airworthy aircraft and an antique
museum. Structures on the facility are limited to the
following: Two hangars; one accessory mobile home
used as an office and residence for security purposes;
sixteen portable T hangars; one maintenance building;
one shop and trailer used in conjunction with the
parachute jump operation; three sheds; and one
enclosed airplane salvage and equipment storage area.
911049
-pko '0 : 7)). , {�Zl ap gib , R��
Page 2
RE: SET SHOW CAUSE - JAMES MCDONALD
Operation Standard 112:
The Use by Special Review Permit area shall be
maintained in such a manner so as to prevent soil
erosion, fugitive dust, and the growth of noxious
weeds.
Operation Standard 114:
Two public accesses for the airport from Weld County
Road 16 to the site shall be maintained. Said
accesses shall be clearly labeled on the property.
Operation Standard 115:
The hangar shall be used strictly for the storage,
maintenance, and repair of aircraft and aircraft
equipment. Maintenance and repair of aircraft shall
be permitted only between the hours of 8:00 a.m. and
sunset for uses which create noise and/or vibration
noticeable at, or beyond the property line.
Operation Standard 117:
Trash and refuse shall be removed from the property
regularly. All trash not removed shall be stored
inside a building or an enclosed container to prevent
blowing of refuse onto surrounding properties.
Operation Standard 1115:
Aircraft designed to be used for the museums shall be
displayed in the designated areas on the plat.
Operation Standard 1116:
Junk aircraft shall not be stored on the property
except within the screened area provided by the solid
security fence. The security fence shall also enclose
all aircraft salvage parts and aircraft maintenance
equipment kept on the site. Junk automobiles or other
junk vehicles shall not be stored on the property. A
junk car or vehicle shall be construed to be any
dismantled, unlicensed or inoperable vehicle.
Operation Standard 1117:
The property owner and/or operator of this operation
shall be responsible for complying with all of the
above stated Standards. Noncompliance with any of the
above stated Standards may be reason for revocation of
the Permit by the Board of County Commissioners.
911049
Page 3
RE: SET SHOW CAUSE - JAMES MCDONALD
Operation Standard 1119:
The applicant shall comply with the Operation
Standards for Uses by Special Review, Section 24.6 et
seq. , of the Weld County Zoning Ordinance.
Operation Standard 1121:
The Use by Special Review shall be limited to the
plans shown hereon and governed by the Standards as
stated above and all applicable Weld County
Regulations. Any material deviations from the plan
and/or Standards as shown or stated above shall
require the approval of an amendment of the Permit by
the Weld County Planning Commission and the Board of
County Commissioners before such changes from the
plans and/or Standards are permitted. Any other
changes shall be filed in the office of the Department
of Planning Services.
BE IT FURTHER RESOLVED by the Board that the date for the Show Cause
Hearing shall be September 11, 1991, at or about 10:00 a.m. , and the
hearing shall be held in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the 28th day of August, A.D. ,
1991.
/01/1"414 BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board •
Gord ac , roman
By: cAL
Deputy Clerk to the Boar George Ken edy, Pro-Tem
APPROVED AS TO FORM: EXCUSED
</ / Constance L. Harbert
/t
,County Attorney C. W. Kir
W. H. Webster
911049
• 030} G y6
t4qpil
DEPARTMENT OF PLANNING SERVICES
PHONE 13031356.4000.EXT.4400
91510th STREET
GREELEY,COLORADO 60631
C.
COLORADO
July 1, 1991
James McDonald
4911 Garrison, /103
Wheatridge, CO 80033
Subject: ZCH-76
Dear Mr. McDonald:
An on-site inspection of your property was conducted on June 25, 1991, to
determine if the Operation Standards placed on your property at the time the
Special Use Permit was approved by the Board of County Commissioners, are in
compliance. The inspection revealed violations of Operation Standards #1, 2, 4,
5, 7, 12, 15, 16, 17, 19, and 21. A copy of these items from the approved
resolution are enclosed.
The Use by Special Review area must be brought into compliance with the Operation
Standards within 30 days from the date of this letter. Noncompliance will result
in our office scheduling a Probable Cause Hearing before the Board of County
Commissioners. If the Board determines there is sufficient probable cause to
warrant further action, a Show Cause Hearing will be scheduled to consider
revocation of the Use by Special Review permit.
If you have information that may clear up this matter, please call or write.
Sincerely,
/k‘c"- . SchetW-
Current Planner
enclosures
pc: Lee Morrison, Assistant County Attorney
Martin Mansfield
5445 DTC Parkway
Englewood, CO 80111
9201.06
INSPECTION REPORT
NAME: James McDonald
LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 of Section 25, T2N, R68W of
the 6th P.M. , Weld County, Colorado.
DATE: June 25, 1991
CASE NUMBER: ZCH #76
Special Review Permit: #USR-537
The property was inspected to determine compliance with operation standards.
Standards # 1, 2, 4, 5, 7, 12, 15, 16, 17, 19, and 21 are not in compliance.
Operation Standards #1 states:
The uses permitted shall be an airport for no more than twenty-five
airworthy aircraft and an antique museum. Structures on the facility are
limited to the following: Two hangars; one accessory mobile home used as
an office and residence for security purposes; sixteen portable T hangars;
one maintenance building; one shop and trailer used in conjunction with the
parachute jump operation; three sheds; and one enclosed airplane salvage
and equipment storage area. The uses are described in application
materials filed with the Department of Planning Services.
More Structures and uses are located on the property than allowed. Two
mobile homes, numerous derelict automobiles, farm tractors, derelict
tractor trailer rigs, two airplane salvage and equipment storage areas and
trailers used as sheds are located on the property.
Operation Standard #2 states:
The Use by Special Review Permit area shall be maintained in such a manner
so as to prevent soil erosion, fugitive dust, and the growth of noxious
weeds.
Noxious weeds (Canadian Thistle) are located on the Use by Special Review
site and are not being controlled.
Operation Standard #4 states:
Two public accesses for the airport from Weld County Road 16 to the site
shall be maintained. Said accesses shall be clearly labeled on the
property.
Public access is not being provided for the airport from Weld County Road
16. The two accesses that exist are locked and are not as shown on the
Special Review permit plat map.
930106
INSPECTION REPORT - ZCH #76
Page 2
Operation Standard #5 states:
The hangar shall be used strictly for the storage, maintenance, and repair
of aircraft and aircraft equipment. Maintenance and repair of aircraft
shall be permitted only between the hours of 8:00 a.m. and sunset for uses
which create noise and/or vibration noticeable at, or beyond the property
line.
The hangars are not being used strictly for the storage, maintenance, and
repair of aircraft and aircraft equipment. Motorcycles and parts,
recreational vehicles, and derelict autos and auto parts are being stored
within the hangars.
Operation Standard #7 states:
Trash and refuse shall be removed from the property regularly. All trash
not removed shall be stored inside a building or an enclosed container to
prevent blowing of refuse onto surrounding properties.
Trash and refuse is not being stored inside a building or an enclosed
container. Trash and refuse was observed on the back of a pick-up truck,
and some on the ground. No trash was observed blowing around or signs of
trash being blown around.
Operation Standard #12 states:
A storage tank of sufficient size to hold 3,500 gallons of water shall be
maintained on the property for fire protection of the property. The
storage tank shall have the approval of the Longmont Fire Protection
District.
The 3,500 gallon water storage tank for Fire Protection is not being
maintained. The valve and lock are not being maintained in a condition
that they could be operated.
Operation Standard x/15 states:
Aircraft designed to be used for the museum shall be displayed in the
designated areas on the plat.
Aircraft designed to be used for the museum are not displayed in the
designated areas as shown on the Special Review permit plat map. Display
aircraft are stored around the property.
9301.06
INSPECTION REPORT - ZCH#76
Page 3
Operation Standard #16 states:
Junk aircraft shall not be stored on the property except within the
screened area provided by the solid security fence. The security fence
shall also enclose all aircraft salvage parts and aircraft maintenance
equipment kept on the site. Junk automobiles or other junk vehicles shall
not be stored on the property. A junk car or vehicle shall be construed to
be any dismantled, unlicensed or inoperative vehicle.
Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment
are not stored within the screened area shown on the Special Review permit
plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance
equipment are stored around the property at different locations and not
within the screened security fence area shown on the Special Review permit
plat map. Additional junk aircraft storage areas, not shown on the Special
Review permit plat map, have been added.
Junk automobiles, derelict vehicles and other junk vehicles are stored on
the property.
Operation Standard #17 states:
The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Standards. Noncompliance with
any of the above stated Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
The property owner and or operator of this operation have not complied with
all stated standards. Standards #1, 2, 4, 5, 7, 12, and 16 are not in
compliance at this time.
Operation Standard #19 states:
The applicant shall comply with the Operation Standards for Uses by Special
Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance.
24.6.1.6 of the Weld County Zoning Ordinance states:
Property shall be maintained in such a manner that grasses and weeds are
not permitted to grow taller than twelve (12) inches. In no event shall
the property owner allow the growth of NOXIOUS WEEDS.
The property owner is not maintaining the property in such a manner that
grasses and weeds are not permitted to grow taller than twelve (12) inches
and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS
(Canadian Thistle) are allowed to grow taller than twelve (12) inches in
height.
93010S
INSPECTION REPORT - ZCH#76
Page 4
Operation Standard #21 states:
The Use by Special Review shall be limited to the plans shown hereon and
governed by the Standards as stated above and all applicable Weld County
Regulations. Any material deviations from the plans and/or Standards as
shown or stated above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans and/or Standards are
permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The Use by Special Review has not been limited to the plans shown and
stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 12, 16,
17, 19, and 21 are stated hereon.
One 15 minute video was taken during this inspection.
9301.09
PROBABLE CAUSE
DATE: August 28, 1991
CASE #: 2CH x/76
USR #: 537
NAME: James McDonald
ADDRESS: P.O. Box 646
Frederick, CO 80530
LEGAL DESCRIPTION: Part of the SW4 of Section 25, T2N, R68W of the 6th P.M. ,
Weld County, Colorado.
LOCATION: North of Weld County Road 16, and east of Weld County Road 11.
It is the opinion of the Department of Planning Services staff, that the
following Standards as approved for USR #537 are not in compliance:
Operation Standard #1 states:
The uses permitted shall be an airport for no more than twenty-five
airworthy aircraft and an antique museum. Structures on the facility are
limited to the following: Two hangars; one accessory mobile home used as
an office and residence for security pruposes; sixteen protable T hangars;
one maintenance building; one shop and trailer used in conjunction with the
parachute jump operation; three sheds; and one enclosed airplane salvage
and equipment storage area. The uses are described in application
materials filed with the Department of Planning Services.
More structures and uses are located on the property than allowed. Two
mobile homes, numerous derelict automobiles, farm tractors, derelict
tractor trailer rigs, two airplane salvage and equipment storage areas and
trailers used as sheds are located on the property.
Operation Standard #2 states:
The Use by Spec"91 Review permit area shall be maintained in such a manner
so as to prevent erosion, fugitive dust, and the growth of noxious
weeds.
Noxious weeds (Canadian Thistle) are located on the Use by Special Review
site.
Operation Standard #4 states:
Two public accesses for the airport from Weld County Road 16 to the site
shall be maintained. Said accesses shall be clearly labeled on the
property.
r^fli eh
911049
PROBABLE CAUSE - ZCH x/76
James McDonald
Page 2
Public access is not being provided for the airport from Weld County Road
16. The two accesses that exist are locked and are not as shown on the
Special Review permit plat map.
Operation Standard #5 states:
The hangar shall be used strictly for the storage, maintenance, and repair
of aircraft and aircraft equipment. Maintenance and repair of aircraft
shall be permitted only between the hours of 8:00 a.m. and sunset for uses
which create noise and/or vibration noticeable at, or beyond the property
line.
The hangars are not being used strictly for the storage, maintenance, and
repair of aircraft and aircraft equipment. Motorcycles and parts,
recreational vehicles, and derelict autos and auto parts are being stored
within the hangars.
Operation Standard #7 states:
Trash and refuse shall be removed from the property regularly. All trash
not removed shall be stored inside a building or an enclosed container to
prevent blowing of refuse onto surrounding properties.
Trash and refuse is not being stored inside a building or an enclosed
container. Trash and refuse was observed on site. No trash, however, was
observed blowing around or any signs of trash being blown around.
Operation Standard #15 states:
Aircraft designed to be used for the museums shall be displayed in the
designated areas on the plat.
Aircraft designed to be used for the museum are not displayed in the
designated areas as shown on the Special Review permit plat map. Display
aircraft are stored around the property.
Operation Standard #16 states:
Junk aircraft shall not be stored on the property except within the
screened area provided by the solid security fence. The security fence
shall also enclose all aircraft salvage parts and aircraft maintenance
equipment kept on the site. Junk automobiles or other junk vehicles shall
not be stored on the property. A junk car or vehicle shall be construed to
be any dismantled, unlicensed or inoperative vehicle.
Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment
are not stored within the screened area shown on the Special Review permit
plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance
equipment are stored around the property at different locations and not
within the screened security fence area shown on the Special Review permit
plat map. Additional junk aircraft storage areas, not shown on the Special
Review permit plat map, have been added. Junk automobiles, derelict
vehicles and other junk vehicles are stored on the property. 9301,06
PROBABLE CAUSE - ZCH #76
James McDonald
Page 3
Operation Standard #17 states:
The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Standards. Noncompliance with
any of the above stated Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
The property owner and or operator of this operation have not complied with
all stated standards. Standards #1, 2, 4, 5, 7, and 16 are not in
compliance at this time.
Operation Standard #19 states:
The applicant shall comply with the Operation Standards for Uses by Special
Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance.
24.6.1.6 of the Weld County Zoning Ordinance states:
Property shall be maintained in such a manner that grasses and weeds are
not permitted to grown taller than twelve (12) inches. In no event shall
the property owner allow the growth of NOXIOUS WEEDS.
The property owner is not maintaining the property in such a manner that
grasses and weeds are not permitted to grow taller than twelve (12) inches
and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS
(Canadian Thistle) are allowed to grow taller than twelve (12) inches in
height.
Operation Standard #21 states:
The Use by Special Review shall be limited to the plans shown hereon and
governed by the standards as stated above an all applicable Weld County
Regulations. Any material deviations from the plans and/or Standards as
shown or stated above shall require the approval of an amendment of the
permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans and/or Standards are
permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The Use by Special Review has not been limited to the plans shown and
stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 16, 17,
19, and 21 are stated hereon.
Based upon the information, the Department of Planning Services staff recommends
that the Board of County Commissioners schedule a "Show Cause" public hearing on
September 11, 1991 to consider revocation of Amended USR x/537.
30106
DATE: August 28, 1991
VIOLATION NUMBER: ZCH #76
NAME: James McDonald
ADDRESS: P.O. Box 646
Frederick, CO 80530
LEGAL DESCRIPTION: Part of the SW4 of Section 25, T2N, R68W of the 6th
P.M. , Weld County, Colorado.
CASE SUMMARY
June 25, 1991 The property was inspected. It was determined that the
property is not in compliance.
July 1, 1991 Violation letter issued.
August 8, 1991 The property was inspected. The property is still in
violation.
August 13, 1991 Letter sent to property owner indicating that a
Probable Cause Hearing was scheduled for August
28, 1991.
930106
INSPECTION REPORT
NAME: James McDonald
LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 of Section 25, T2N, R68W
of the 6th P.M. , Weld County, Colorado.
DATE: August 8, 1991
CASE NUMBER: ZCH #76
Special Review Permit: Amended USR #537
The property was inspected to determine if the property is now in
compliance with the Operation Standards. Standards #1, 2, 4, 5, 7, 15, 16,
17, 19, and 21 are still not in compliance.
Operation Standard #1 states:
The uses permitted shall be an airport for no more than twenty-five
airworthy aircraft and an antique museum. Structures on the facility
are limited to the following: Two hangars; one accessory mobile home
used as an office and residence for security pruposes; sixteen
protable T hangars; one maintenance building; one shop and trailer
used in conjunction with the parachute jump operation; three sheds;
and one enclosed airplane salvage and equipment storage area. The
uses are described in application materials filed with the Department
of Planning Services.
More structures and uses are located on the property than allowed.
Two mobile homes, numerous derelict automobiles, farm tractors,
derelict tractor trailer rigs, two airplane salvage and equipment
storage areas and trailers used as sheds are still located on the
property.
Operation Standard #2 states:
The Use by Special Review permit area shall be maintained in such a
manner so as to prevent soil erosion, fugitive dust, and the growth of
noxious weeds.
Noxious weeds (Canadian Thistle) are located on the Use by Special
Review site. A majority of the noxious weeds have been removed.
Operation Standard #4 states:
Two public accesses for the airport from Weld County Road 16 to the
site shall be maintained. Said accesses shall be clearly labeled on
the property.
Public access is not being provided for the airport from Weld County
Road 16. The two accesses that exist are locked and are not as shown
on the Special Review permit plat map. 93016
INSPECTION REPORT - ZCH #76
James McDonald
Page 2
Operation Standard #5 states:
The hangar shall be used strictly for the storage, maintenance, and
repair of aircraft and aircraft equipment. Maintenance and repair of
aircraft shall be permitted only between the hours of 8:00 a.m. and
sunset for uses which create noise and/or vibration noticeable at, or
beyond the property line.
The hangars are not being used strictly for the storage, maintenance,
and repair of aircraft and aircraft equipment. Motorcycles and parts,
recreational vehicles, and derelict autos and auto parts are being
stored within the hangars.
Operation Standard #7 states:
Trash and refuse shall be removed from the property regularly. All
trash not removed shall be stored inside a building or an enclosed
container to prevent blowing of refuse onto surrounding properties.
Trash and refuse is not being stored inside a building or an enclosed
container. No trash, however, was observed blowing around or signs of
trash being blown around.
Operation Standard #15 states:
Aircraft designed to be used for the museums shall be displayed in the
designated areas on the plat.
Aircraft designed to be used for the museum are not displayed in the
designated areas as shown on the Special Review permit plat map.
Display aircraft are stored around the property.
Operation Standard #16 states:
Junk aircraft shall not be stored on the property except within the
screened area provided by the solid security fence. The security
fence shall also enclose all aircraft salvage parts and aircraft
maintenance equipment kept on the site. Junk automobiles or other
junk vehicles shall not be stored on the property. A junk car or
vehicle shall be construed to be any dismantled, unlicensed or
inoperative vehicle.
Junk aircraft, aircraft salvage parts, and aircraft maintenance
equipment are not stored within the screened area shown on the Special
Review permit plat map. Junk aircraft, aircraft salvage parts and
aircraft maintenance equipment are stored around the property at
different locations and not within the screened security fence area
shown on the Special Review permit plat map. Additional junk aircraft
storage areas, not shown on the Special Review permit plat map, have
been added.
Junk automobiles, derelict vehicles and other junk vehicles are stored
on the property.
930306
INSPECTION REPORT - ZCH #76
James McDonald
Page 3
Operation Standard #17 states:
The property owner and/or operator of this operation shall be
responsible for complying with all of the above stated Standards.
Noncompliance with any of the above stated Standards may be reason for
revocation of the Permit by the Board of County Commissioners.
The property owner and or operator of this operation have not complied
with all stated standards. Standards #1, 2, 4, 5, 7, and 16 are not
in compliance at this time.
Operation Standard #19 states:
The applicant shall comply with the Operation Standards for Uses by
Special Review, Section 24.6 et seq. , of the Weld County Zoning
Ordinance.
24.6.1.6 of the Weld County Zoning Ordinance states:
Property shall be maintained in such a manner that grasses and weeds
are not permitted to grown taller than twelve (12) inches. In no
event shall the property owner allow the growth of NOXIOUS WEEDS.
The property owner is not maintaining the property in such a manner
that grasses and weeds are not permitted to grow taller than twelve
(12) inches and the growth of noxious weeds. Weeds, grasses, and
NOXIOUS WEEDS (Canadian Thistle) are allowed to grow taller than
twelve (12) inches in height.
Operation Standard #21 states:
The Use by Special Review shall be limited to the plans shown hereon
and governed by the standards as stated above an all applicable Weld
County Regulations. Any material deviations from the plans and/or
Standards as shown or stated above shall require the approval of an
amendment of the permit by the Weld County Planning Commission and the
Board of County Commissioners before such changes from the plans
and/or Standards are permitted. Any other changes shall be filed in
the office of the Department of Planning Services.
The Use by Special Review has not been limited to the plans shown and
stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 16,
17, 19, and 21 are stated hereon.
A video was taken during this inspection..
��' �e
A. chuett
Current Planner
pc: Lee Morrison, Assistant County Attorney 9301.06
=__� 1.5
79 309 152 -
RECEIPT FOR CERTIFIE=D MAIL nIECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED NO INSURANCE COVERAGE ?ROVIDEU
NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL !RAIL
(See Reverse) (See Reverse) ITMENT OF PLANNING SERVICES
• Sent to • ken!, PHONE(303)356.4000.EXT.4400
a' James McDonald s martin Mansfield 91510th STREET
$ Street and No. 3 n
d� �fpC Parkway GREELEV,COLORADO 80631
4911 Garrison. #103 m
d P State agd ZIP Code P.O.. State and ZIP Code
Wh eatrTdge, CO 80033 a Englewood, CO80111
a Postage $ o Postage 4
a a
> >
* Certified Fes * Certified Fee
Special Delivery Fee Special Delivery Fee
Restricted Delivery Fee Restricted Delivery Fee
Return Receipt Showing Return Receipt Showing
to whom and Date Delivered to whom and Date Delivered
a Return receipt showing to whom, 01 Return receipt showing to whom,
ai Date,and Address of Delivery m Date,and Address of Delivery
LL TOTAL Postage and Fees E LL TOTAL Postage and Fees 5
g Postmark or Date g Postmark or Date
X
E July 1 , 1991 € July 1 , 1991
rn
a a :ed on June 25, 1991, to
determine Li the Jperation Standards placed on your property at the time the
Special Use Permit was approved by the Board of County Commissioners, are in
compliance. The inspection revealed violations of Operation Standards #1, 2, 4,
5, 7, 12, 15, 16, 17, 19, and 21. A copy of these items from the approved
resolution are enclosed.
The Use by Special Review area must be brought into compliance with the Operation
Standards within 30 days from the date of this letter. Noncompliance will result
in our office scheduling a Probable Cause Hearing before the Board of County
Commissioners. If the Board determines there is sufficient probable cause to
warrant further action, a Show Cause Hearing will be scheduled to consider
revocation of the Use by Special Review permit.
If you have information that may clear up this matter, please call or write.
Sincerely,
�� !� eee,
Current Planner
enclosures
pc: Lee Morrison, Assistant County Attorney
Martin Mansfield
5445 DTC Parkway
Englewood, CO 80111
930106
INSPECTION REPORT
NAME: James McDonald
LEGAL DESCRIPTION OF PROPERTY: Part of the SW4 of Section 25, T2N, R68W of
the 6th P.M. , Weld County, Colorado.
DATE: June 25, 1991
CASE NUMBER: ZCH #76
Special Review Permit: #USR-537
The property was inspected to determine compliance with operation standards .
Standards # 1, 2, 4, 5, 7, 12, 15, 16, 17, 19, and 21 are not in compliance.
Operation Standards #1 states:
The uses permitted shall be an airport for no more than twenty-five
airworthy aircraft and an antique museum. Structures on the facility are
limited to the following: Two hangars; one accessory mobile home used as
an office and residence for security purposes; sixteen portable T hangars;
one maintenance building; one shop and trailer used in conjunction with the
parachute jump operation; three sheds; and one enclosed airplane salvage
and equipment storage area. The uses are described in application
materials filed with the Department of Planning Services.
More Structures and uses are located on the property than allowed. Two
mobile homes, numerous derelict automobiles, farm tractors, derelict
tractor trailer rigs, two airplane salvage and equipment storage areas and
trailers used as sheds are located on the property.
Operation Standard #2 states:
The Use by Special Review Permit area shall be maintained in such a manner
so as to prevent soil erosion, fugitive dust, and the growth of noxious
weeds.
Noxious weeds (Canadian Thistle) are located on the Use by Special Review
site and are not being controlled.
Operation Standard #4 states:
Two public accesses for the airport from Weld County Road 16 to the site
shall be maintained. Said accesses shall be clearly labeled on the
property.
Public access is not being provided for the airport from Weld County Road
16. The two accesses that exist are locked and are not as shown on the
Special Review permit plat map.
9301.06
INSPECTION REPORT - ZCH #76
Page 2
Operation Standard #5 states:
The hangar shall be used strictly for the storage, maintenance, and repair
of aircraft and aircraft equipment. Maintenance and repair of aircraft
shall be permitted only between the hours of 8:00 a.m. and sunset for uses
which create noise and/or vibration noticeable at, or beyond the property
line.
The hangars are not being used strictly for the storage, maintenance, and
repair of aircraft and aircraft equipment. Motorcycles and parts,
recreational vehicles, and derelict autos and auto parts are being stored
within the hangars.
Operation Standard #7 states:
Trash and refuse shall be removed from the property regularly. All trash
not removed shall be stored inside a building or an enclosed container to
prevent blowing of refuse onto surrounding properties.
Trash and refuse is not being stored inside a building or an enclosed
container. Trash and refuse was observed on the back of a pick-up truck,
and some on the ground. No trash was observed blowing around or signs of
trash being blown around.
Operation Standard #12 states:
A storage tank of sufficient size to hold 3,500 gallons of water shall be
maintained on the property for fire protection of the property. The
storage tank shall have the approval of the Longmont Fire Protection
District.
The 3,500 gallon water storage tank for Fire Protection is not being
maintained. The valve and lock are not being maintained in a condition
that they could be operated.
Operation Standard #15 states:
Aircraft designed to be used for the museum shall be displayed in the
designated areas on the plat.
Aircraft designed to be used for the museum are not displayed in the
designated areas as shown on the Special Review permit plat map. Display
aircraft are stored around the property.
9301.98
INSPECTION REPORT - ZCH#76
Page 3
Operation Standard #16 states:
Junk aircraft shall not be stored on the property except within the
screened area provided by the solid security fence. The security fence
shall also enclose all aircraft salvage parts and aircraft maintenance
equipment kept on the site. Junk automobiles or other junk vehicles shall
not be stored on the property. A junk car or vehicle shall be construed to
be any dismantled, unlicensed or inoperative vehicle.
Junk aircraft, aircraft salvage parts, and aircraft maintenance equipment
are not stored within the screened area shown on the Special Review permit
plat map. Junk aircraft, aircraft salvage parts and aircraft maintenance
equipment are stored around the property at different locations and not
within the screened security fence area shown on the Special Review permit
plat map. Additional junk aircraft storage areas, not shown on the Special
Review permit plat map, have been added.
Junk automobiles, derelict vehicles and other junk vehicles are stored on
the property.
Operation Standard #17 states:
The property owner and/or operator of this operation shall be responsible
for complying with all of the above stated Standards. Noncompliance with
any of the above stated Standards may be reason for revocation of the
Permit by the Board of County Commissioners.
The property owner and or operator of this operation have not complied with
all stated standards. Standards #1, 2, 4, 5, 7, 12, and 16 are not in
compliance at this time.
Operation Standard #19 states:
The applicant shall comply with the Operation Standards for Uses by Special
Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance.
24.6.1.6 of the Weld County Zoning Ordinance states:
Property shall be maintained in such a manner that grasses and weeds are
not permitted to grow taller than twelve (12) inches. In no event shall
the property owner allow the growth of NOXIOUS WEEDS.
The property owner is not maintaining the property in such a manner that
grasses and weeds are not permitted to grow taller than twelve (12) inches
and the growth of noxious weeds. Weeds, grasses, and NOXIOUS WEEDS
(Canadian Thistle) are allowed to grow taller than twelve (12) inches in
height.
93041.1S
INSPECTION REPORT - ZCH#76
Page 4
Operation Standard #21 states:
The Use by Special Review shall be limited to the plans shown hereon and
governed by the Standards as stated above and all applicable Weld County
Regulations. Any material deviations from the plans and/or Standards as
shown or stated above shall require the approval of an amendment of the
Permit by the Weld County Planning Commission and the Board of County
Commissioners before such changes from the plans and/or Standards are
permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
The Use by Special Review has not been limited to the plans shown and
stated standards. The noncompliance of Standards #1, 2, 4, 5, 7, 12, 16,
17, 19, and 21 are stated hereon.
One 15 minute video was taken during this inspection.
9201.9S - -
Hello