HomeMy WebLinkAbout930106.tiff RESOLUTION
RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SPECIAL USE PERMIT #537 -
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 September 11, 1991, a Show Cause Hearing was conducted to
consider revocation of Special Use Permit #537, issued to James McDonald, and
WHEREAS, at said hearing of September 11, 1991, the Board deemed it
advisable to continue said matter to October 30, 1991, then to January 29, 1992,
then to May 13, 1992, then to July 15, 1992, then to July 22, 1992, then to
September 16, 1992, then to October 28, 1992, at which time said matter was again
continued to January 27, 1993 at 10:00 a.m. , and
WHEREAS, James McDonald is the owner of the facility located 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, at said hearing of January 27, 1993, James McDonald and Bob Ray,
Attorney, were present, and voiced no objection to revocation of said permit, and
WHEREAS, the Board, after hearing all testimony presented, deemed it
advisable to impose the penalty of revocation of Special Use Permit #537.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that Special Use Permit #537, issued to James McDonald, be, and
hereby is, revoked.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the
vl/G�4 BOARD OF COUNTY COMMISSIONERS
ATTEST:
/✓ WELD COUNTY, COLORADO
Weld County Clerk to the Board
onstapce L. Ha bert, Chairman
A //� �/ i
BY: �C `'' a�/ '.�—C_ �ir
Deputy Clerk to the Boar& > W. H. e ster, Pro Tem
APPROVED AS TO FORM: /
ge B xter�
Atn714M/r-
County Attorney Dale K. Hall
/`Barbara J. Kirkmeyer O
930106
.PLOS4 a GC VOLE flee, IV- , i4i: 4,A/1.-A)
HEARING CERTIFICATION
DOCKET NO. 91-50
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 0537
- JAMES MCDONALD
A public hearing was conducted on January 27, 1993 at 10:00 A.M. , with the
following present:
Commissioner Constance L. Harbert, Chairman
Commissioner W. H. Webster, Pro-Tem
Commissioner George E. Baxter
Commissioner Dale K. Hall
Commissioner Barbara J. Kirkmeyer
Also present:
Acting Clerk to the Board, Shelly Miller
Assistant County Attorney, Lee Morrison
Planning Department representative, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated August 28, 1991, and duly
published August 29, 1991, in The New News, a public hearing was conducted
on September 11, 1991, to consider the revocation of Special Use Permit
0537 issued to James McDonald. At said hearing of September 11, 1991, the
matter was continued to October 30, 1991, then to January 29, 1992, then
to May 13, 1992, then to July 15, 1992, then to July 22, 1992, then to
September 16, 1992, then to October 28, 1992, and then again continued to
January 27, 1993 at 10:00 a.m. At said hearing of January 27, 1993, Lee
Morrison, Assistant County Attorney, made this a matter of record. He
said the Board made findings on September 16, 1992 to defer the penalty
provision to allow James McDonald, permit holder, to amend the permit.
Mr. Morrison said there is a violation, and the question pending is the
penalty to be imposed at this time. Chuck Cunliffe, Planning Department
representative, reiterated that at the October 28, 1992 hearing, Mr.
McDonald was given an extension of time to submit an amended permit by
January 20, 1993; however, there has been nothing submitted. Mr. McDonald
stated their attorney is not yet present. Upon the presence of Bob Ray,
Attorney representing Mr. McDonald, Mr. Cunliffe repeated the staff's
summary. Mr. Ray informed the Board that the McDonalds have had a lot of
expense and harassment because of this permit; therefore, they feel they
are not gaining, but losing by retaining it. He said they would like to
revert to the pre-existing use and go forward with their plans under the
Agricultural Zoning regulations. Mr. Ray said the building permit still
has not been issued for the building to house their vehicles, and he
questioned the delay. Mr. Cunliffe explained that no building permits are
issued until all violations on the property are resolved. Mr. Ray said
the building permit was filed for prior to the violation, and the permit
is allowed under Special Review Permit standards as well as Agricultural
Zoning standards. Mr. Cunliffe said there has been no previous discussion
concerning the building permit. The property is in violation; therefore,
no permit has been issued. Commissioner Kirkmeyer noted that the
violation has been in existence since August of 1991. Mr. Cunliffe also
said if the building is not shown on the plan for the Special Review
Permit or if there is a question about the building, the permit would not
be issued. Mr. Cunliffe confirmed for Commissioner Baxter that any
proposed building should be shown on the plan for the Special Review
Permit. Mr. Morrison said that since there has been no amended
application submitted, the Board should consider the penalty of
revocation. He noted Mr. McDonald has no objection to revocation;
however, he should not assume all uses are allowed under the Agricultural
Zoning regulations without a Special Review Permit. Mr. Morrison said
930106
RE: HEARING CERTIFICATION - MCDONALD
PAGE 2
construction done pursuant to the Special Use Permits would be in
violation if the Permit is revoked; therefore, what gets to stay would
need to be resolved in court. Mr. Ray said they have not done anything
which was not allowed under pre-existing and/or Agricultural Zoning
regulations. Mr. Morrison clarified, on behalf of Commissioner Baxter,
that certain uses require Special Review Permits to be allowed. Mr.
Morrison explained that if the Permit is revoked today and McDonalds were
then found in violation, the matter would go to court. There was
discussion concerning the need for public testimony, and Mr. Morrison
explained the Board should consider whether or not to impose penalty.
After further discussion, Mr. Cunliffe reiterated that the Board has
already made the determination that if no amended permit was submitted,
revocation would be considered. Commissioner Hall moved to revoke Special
Use Permit #537, issued to James McDonald. The motion was seconded by
Commissioner Kirkmeyer. Mr. Cunliffe said an inspection will be made and
the normal violation process will be followed if necessary. Mr. Morrison
noted this would require court action. On a roll-call vote, the motion
carried unanimously.
This Certification was approved on the 1st day of February, 1993.
kdmi, APPROVED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
WEL COUNTY, COLORADO
Weld County Clerk to/the Board
BY: '/��t�t/ , -bill>t Constance L. Har ert, Chairman
Deputy Clerk to i���(D
taii?
W. gib(
ebste Pro-Tem "
TAPE #93-04
eorge axte
DOCKET #91-50
Dale . Hall /
PL0842
ll4iA
Barbara J. Kirkmeye
930106
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 27th DAY OF January 1993:
DOCKET # 91-50 - Show Cause Hearing, James McDonald
DOCKET #93-06 - Special Review Permit, Conquest Oil Company
DOCKET 11
DOCKET 11
PLEASE write or print your name legibly, your address and the DOCKET li (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS / /g HEARING ATTENDING
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CERTIFICATE OF MAILING
I hereby certify that I have placed a true and correct copy of the
surrounding property owners and owners and lessees of minerals in
accordance with the notification requirements of Weld County in Case Number
ZCH //76 for James McDonald in the United States Mail, postage prepaid First
Class Mail by letter as addressed on the attached list.
this 14th day of August, 1991.
1/4\10.1/1 \ (4)0
92)01.0S
1971 SEP —7 . -.
STATE OF COLORADO ) •
CLEr
COUNTY OF WELD )s_s TO THE uo -,.,!- •
ii-, visor Asaomas
David S. Reynolds, being duly sworn, Nana
Pursuant to the zoning laws of the +r'°" a`"' "fu
says that he is publisher of State of Colorado and the Weld •
removed from the property
The New News, a weekly newspaper County Zonis Ordinance,a public regularly. All trash not removed,
r
published in K burg in said County heenmg will be held in the shall ug be stared ids ora building
Chambers of the Board of County an enclosed container to prevent
Commissioners of went County, it=of refuse,ontosurroundmg
Colorado, Weld County Centennial it=
and State; that said newspaper has a
general circulation in said County center, 915 10th Sheet, First 6. Whether or not the the uses
Floor, Greeley, Colorado, at the turnip vcoo violation of othey itn site
tune aped!ied All persons in any ire_ in
and has been continously and manner interested 7n the matter Standard No. 15 Much states:
uninterru led 3 are requested to attend and may the mused Mall to be sed for a
P y • published therein, abe re regd. desire the designated areas on plat.'
during aShould any interested party r to 7. Whether or not the uses
Qperiod of at least the presence of a court spate
fifty-two consecutive weeks prior to make a record of the pnerodceedings currently conducted on the site
in addition to the win be are t in
nd violation hhi states.
"ationn
the first publication of the annexed bh
notice; that said newspaper is a the the 's 'Offs the bark property
shall not be stored on the '
N in 'Office eh be by the
advised ifiawritingdy of iorh action screened area providedhe a the
newspaper within the meaning of the at The
days f engaging
to i the solid c security The security
g hearing. cost en greg a aircraft stav also p enclose all
act of the General Assembly of the court reporter shall be Soma by aainte race and f
the requesting party. maintenance equipment kept on
State of Colorado,. entitled "An Act BE IT ALSO KNOWN that the the site. Junk automobiles or
text and maps be examined in '"' 'a•n i cheer
to regulate the printing of legal office of theClotheBo■rdthl + � the "
County Commissioners, located in or vehicle!Millie tie c nlicen a to be
notices and advertisements, " and the Weld County Street,
iel any dismantled, unlicensed or
Center, 915 10th Street, Third inoperable vehicle."
amendments thereto; that the notice Floor Greeley Colorado. currently
or not the uses
Danes NO.9140 currentljv ;conducted oqn the sle
Operation
of which the annexed is a printed James McDonald P.O. Box 646, In vo. 17n
Frederick,Co. Standard No. 17, which states:
DATE: September 11,1991 "The ble for owner and/or
copy taken from said newspaper, was TIMREE: 1010 ABM.riirnee to SHOW operator
peera bkW tiredly
oppeerraa"tmaq�shall all
published in said newspaper, and in CAUSE for revocartFon of Special d the above stated Standards.
Use Pelt No.531 Noncompliance with any of the
the regular and entire issue of LEGAL DESCRIPTION: Part of above slated Standards may be
every number thereof , 9 e SW1/4 o Section m'Towof nship
Permit by threvocation
va aneof of
e
P.M. Weld Colorado Cm�slonere.
_ ISSUES: 1. N�1 err..or not,the f. Whether or not the uses
once a week for1 uses cu�enLLr r the currently conducka m. We.eito
site arc Ten viola 4I lion are in violation d Opeeatim
successive weeks; that said notice uSetaena^lce wbe an `irportt "The applicant lshhalll wi9 which ittp
was so newspaper [ors no more 'twenty° eve the OperatiarSta a uses
published in said news a err aimworthy aircraft and by Review,Section 94.6 et
proper and not in any supplement museum.S�"1esontha o°`, ba d` Weld camp uoing
are limited to the following: Two nee.'
thereof , and that the first hangers; one actcr.eY mobile 94.6.6.1 of the Weld County
Irene used DS an Oak*purposes;
and Zoning states:
publication of said notice as residence fa lwrna■ee: Pr tl be maintained
sixteen portable ,ponnpe 15 such■manner that grasses and
aforesaid, was on the e°aodifityel in;co a Lbw rw a t1T) hetaheer,
with the parachute Jmp nn evert sharowt owner
4.f�, operation; three shod;
and one morn
growth N RIOUS
l day of Pa is.-C�`,_,-T _ iq �( f enclosed airplane salvage and WEEDS."
..r r equipment storage area." 10. Whether or not the uses
2. Whether or not the uses currently conducted on the site
currently conducted on the site are in violation of Operation
and the last on the 1 are in violates of Operation Standard No. 21, which states:
d day Of Standard No.a whMb Nate; "The The Use by Special Review shall
N\ Use by Special Review Permit be on a to"the pions shown
``lei 2 ,J., area shall o as to prevent d in such a herein and overned by tale
9 1 es ossnerionn,, ffuugitive tadaodd tads Standards
as Weld Countye and material
growth of noxious weeds.' iipepgBuclaa Any
3. Whether or not the uses deViaU from the plan and/or
• currently conducted on the site Standards as shown or stated
are in violation of Operation above shall require the a oval
Standard du No. 4 which states: of o an amendment of the-Permit
"Two airport from n Weld blic ty;Road 16 ion anthe Weld d sunty tthhee Boardnsmut
Subscribed and swo n to before • the site shall shall
ma cleard.ly chhhaaannrgg¢etorrom°the°thee lansore such
d/orr
Said accesses shell be clearly changes
re permitted. Any
labeled on the property shall be flied in the
�� f Q -�r- /I currently
ter or not the uses other changes
me this aid day of tvieg r.c.4 u—rte , currently conducted on the site office, of the Department of
t/ are in violation of Operation Planning Services.'
Standard No.5 which states._"The BOARD OF COUNTY
hangar shall be used strictly for COMMISSIONERS
19.14..!
9.1L the storage, maintenance, and WELD COUNTY COLORADO
repair of aircraft and aircraft BY: Donald D.Warden
equipment. Maintenance and Weld County Clerk
repairof aircraft shall be To The Board
I1/�I J permitted only between the hours BY: Shelly Miller,Deputy
.IXJ�ii9/.< 9< ,CC ctcA.Je _, , of 6:00 a.m. and sWf t for uses pDATED: A t 28 1991
Attie eMaleL'YW a{, Or kt9'aed/or 30,iml. Si
Wane
the srarb conducted on the site
f` uses
Coif !I ;�L;'- 15,1992 currently
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the
Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the
time specified. All persons in any manner interested in the matter are
requested to attend and may be heard.
Should any interested party desire the presence of a court reporter to
make a record of the proceedings, in addition to the taped record which
will be kept during the hearing, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing.
The cost of engaging a court reporter shall be borne by the requesting
party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of
the Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. 91-50 James McDonald
P.O. Box 646
Frederick, CO 80530
DATE: September 11, 1991
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit #537
LEGAL DESCRIPTION: Part of the SW** of Section 25, Township 2 North, Range
68 West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #1 which
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
shed; and one enclosed airplane salvage and equipment
storage area."
9301106
r.,ehiblf8
2. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #2 which
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."
3. Whether or not the uses currently conducted on the
site are in violation of Operation Standard 1i4 which
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."
4. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #5 which
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."
5. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #7 which
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."
6. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #15 which
states: "Aircraft designed to be used for the museums
shall be displayed in the designated areas on the
plat."
7. Whether or not the uses currently conducted on the
site are in violation of Operation Standard which
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
inoperable vehicle."
9101.06 1
8. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #17, which
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."
9. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #19 which
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:
"Properties 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."
10. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #21, which
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
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."
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Shelly Miller, Deputy
DATED: August 28, 1991
PUBLISHED: August 29, 1991, in The New News
930106
SHOW CAUSE
DATE: September 11, 1991
CASE #: ZCH #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 #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 accesse gates 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.
900106
sxh;b' FC
PROBABLE CAUSE - ZCH #76
James McDonald _-
Page 2
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.
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, 4, 5 , 7 , 15, and 16 are not in
compliance at this time.
eg06
PROBABLE CAUSE - ZCH #76
James McDonald
Page 3
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, 4, 5, 7, 15, 16, 17,
and 21 are stated hereon.
Based upon the information, the Department of Planning Services staff requests
that the Board of County Commissioners revoke Amended USR #537 and authorize the
County Attorney to proceed with legal action to bring the property into
compliance with the Weld County Zoning Ordinance.
9O t,g
‘lift4"4
mEmORAfDUITf
WI �. Board of County Commissioners May 13, 1992
To_ Date
Brian Grubb, Current Planner
COLORADO From
ZCH-74 and ZCH-76, James McDonald
Subject:
The staff recommends that the Board of County Commissioners continue this issue
until July 15, 1992. The applicant has submitted an amended Use by Special
Review permit to address the development standards that are not in compliance.
A hearing before the Board is scheduled for July 1, 1992. Continuing this issue
will allow the Board to consider the amendment and allow the applicant time to
respond to the decision of the Board prior to the Show Cause Hearing.
930106
SHOW CAUSE
DATE: July 15, 1992
CASE #: ZCH-76
USR #: 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 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
applications 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 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 access gates that exist are locked and are not shown on the
Special Review permit plat map.
930106
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, and
derelict autos and auto parts are being stored within the hangars.
Operation Standard 15 states:
Aircraft designed to be used for the museums shall be displayed in
designated areas on the plat.
Aircraft designed to be used for the museum are not displayed in
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 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 vehicles.
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 to 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, 4, 5, 15 and 16 are not in
compliance at this time.
930106
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, 4, 5, 15, 16, 17, and
21 stated heron.
The options available to the McDonalds to bring the property into compliance are:
A. Remove materials and uses from the property to comply with the
approved Special Review permit.
B. Apply for a substantial change hearing and if approved apply for
either an amended Special Review permit or a Planded Unit
Development.
The options available to the Board of County Commissioners:
A. Revoke the Special Review permit and authorize the County Attorney
to proceed with legal action to bring the property into compliance.
Issues to be resolved if permit is revoked:
vested rights regarding airstrip
uses permitted by right in the A (Agricultural) zone district
including noncommercial junkyards .
B. Grant an extension of time to allow the McDonalds time to bring the
property into compliance.
C. Grant an extension of time to allow the McDonalds to apply for a
Substantial Change Hearing and a Land Use application.
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: July 9, 1992
CASE NUMBER: ZCH-76 and USR-537
The property was inspected to determine compliance with USR-537 . The property
is not in compliance with standards 1, 4, 5, 15, 16, 17 , and 21 as follows:
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 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 applications
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 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 access gates that exist are locked and are not 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.
9'30".9S
The hangars are not being used strictly for the storage, maintenance, and
repair of aircraft and aircraft equipment. Motorcycles and parts, and
derelict autos and auto parts are being stored within the hangars.
Operation Standard 15 states:
Aircraft designed to be used for the museums shall be displayed in
designated areas on the plat.
Aircraft designed to be used for the museum are not displayed in 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 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 vehicles.
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 to 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, 4, 5 , 15 and 16 are not in compliance
at this time.
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.
930106
The Use by Special Review has not been limited to the plans shown and
stated standards. The noncompliance of Standards 1, 4, 5, 15, 16, 17, and
21 stated heron.
7-157
Current Planner
930106
i.,1,r 7 1i1:'•
j1.a rr nti: -rr..ti.t -.1 t' _-
.•,t+it.. :_�JLint'. •v_.mill=.=• finer 1
:e?et! co :i E•7E.3 a
Dear C.ommissioners,
This1:tt:r f -enc.- ♦-, t:. _ } hearing _ ry du a f• this
, ..� v,. ..t is in reference�1 .I ltv ry to the i ��5't�;_3�!_�1?T{! 7_:iy��1+�#Jrrl•J�1it1!J i!+� .�E7•?
'7,!e-tv,-.:_dc _. , t 5th. There � c; doubt that I•it McDonald has been in
Yv:-:trn% 7';',ti r. of his special use fei mi 1.= over th_ years. Documents
�,� lM Cou t +'a files attest to this - !- }
... s+ E3:•� �•'::to i t l.� I ,:��. attest r-_:'t ;_�+ and evidence !{�f t�_1��E L forward in
{
-- ,rrrJ3 4.t- in: s - - confirm
t v-.r,. tom- . T. h_
_ - r ., �i:I..y.. +::�y;� ui7r,i r r:� r +"i' '%11;EF iiij!!�:$ There t: &so [' i,E+3:.:t i oEl
•f he win e'...,r abide b' the
standard . I'm not going to encourage you to
revoke this r•`••rr-•it ! .•.cinr, to et --oj - ! e _ + u not to, but ask how !e t
.•'it+._ t . � �!ir: , i! . nor 'J'ri[ t L;..:=� �_.l,iF•7� !� r �vt+.
_, this 1l jl.F iJr _:tt;i}f 'Jll_U
Diii_ir..y the last hearing you heard several complaints and won :F_r ns
=; u;,-;iii:i t ti'_ .t1:ace. The hie--yCe jumpers were '_ rii.rc--'5nce. The CIE'.'-?ttlemT!=
Y•i ;th the parachute operatr_+n. The rhuseurn :?aivage is a hazard and a eye
The solid security fence - not made of h per Weld
_ :;e. �iF�'•_27 :!i� screening _ the wl�_r+=_
,.I + - T i little t t h Y m
County t3 pj1r-'!t'�V materials. ! Iliw? fence I�C(e`-: 1 •Tril_+ `t ii screen anything trif:..
vie,,,,, and is as much of an eye sore as the satvage. Tile sQ&stage keeps
.-io,s+-;iin: in size. The liability
y issue -s is-T doing be f es S tt r-• rttP
__•_.L.i i'r t;y s1s .Jr��. tit'3 S_iili!f� 1._•tira�� v•1 to who Ei.�;� to i.L:E,.'i... .
for damage to , n r_� ;i;: �. .r^+: and r y_ 1055 t' .I o
rJ+�tll!t'y•_ ._ __ property}JLr t:.i and 3ryNytC�.�fi �!.1'=-.3 rJ`tF! (_It i11 -.r Ei{�:'!t;,
r:i- t t -o!!._ -i� C ♦ iyi�azard._ residents -- + the patrons mq
-�_t•.r r :.�iJ:w,. �t i E t_i t.Y. ._�:3 1�t t- hazards=1::+...t J� t!T .tJ!1 r: _ and.t� .hl using
t•.�
this- 1 e -• Tb.. fact that +:.�.- McDonald
.a' a continually-'S, _t•..r-ur. ^ r:t--r'-.-.- -'
=_i11 _ ii.�4L.. The act ttl7: ! i! i 'i_-u v.nt_tit� +..rv1!t.iiiE_�iU'EtJ abuses i...zi process and
not i by s:3 and regulations. The mount t i t salvage j -
i'ECii :_e;; to abide rules r e•,uiation=. . he _m_iun+. _{; .lest e' is
.teri r with + f of the 'str ji Fi`e fet et, ti
;c L G a :e�i l�` t`t•i�.;l ._t-;i_E safe t Y operation +.!? i71� i safety.:.�, --r-�;�:_k`•�
-r-.r. -t.I Finally
1 t there
= no control4' n v here.
i..': -+f ri .''-i values. �ti! �IEy .ife G !L over what happens dr _.
i1-. >,e.-.t .r, amount
and type =f q ,r 1 in
-tow .: � . .v'. the 9i{if�ia;i. f., :,i3i ;•t3,,+k' being brought be
controlled? Canthe tperations standards be added to? t Can they be define
better? According
r cording to the };l-.t .1-.. there '.s only a small area and two
buildings f t use nie Ti 1ir'ri u the and would
•7i^ the� .'E'E�a1._ t r"st �. .t_z~:,. ";i:- .!i.t-. area
t amount ' f!r What if he wei`. made de to cleanout t t cars,
the u,.+!�L•Ilt. of •iE.i7ii+..•. �"t11E�a�. t! ti �� L�•:F .•°J= _ ,
and trailers have restore t aircraft already there completely
etely
E•a r-i,: and tli3 vrr to ! ?,,>.+3 r•C' ._i,$ iii. �': 7. . _. '3+�E_ _ .rt.�+i
before-e a. more r nl-t in Would ld this clean p pla-•e l~ make
�.�t t�; �. any can rt i;e ti l +_tE.t!�1 E+. ,. . .u� iJ .1.., t_ . r. ,.�_ the place•_ and :13�
M- i n a l d . i e -1 o f i: �'1 J.;=IF-I. .5 r 1_}n •S
Mr. . i;_i_::_riUi!J +-t•i ���1 �r-Fit`l!p a r� i.� �etJrf! .�-!=:t:_i�i_ _l• a ?q _�F! ,�_: _. �+ . tit _ 'E!1
Museum
.._e1 r� and th of iu t.. would & o f!ei
i r
the. size +�1 the ris�.i•�•.•atilt!,+J[1t: the amount .'.::ii•. would �.:}J _ � __
Plimin to hl_ar for the Eitir strip users.
The solid security screefence ',,,J•- •;,_T. 1ri•'• :et i1 bet,,,,;ee March
79th :7a•..•1 ft•.- F:':. .Ftnq Corr'r ' o ': '•: - - -. ': ir.t i.K ei : ':•:'D (_P!_ ^1+v E.+.1' on
fslrr'r There 1•� - .,,ea. dr;f,Taathe(ed i Tr:i-= either
trough
ugh r- v -.ct r h r -•s • - tr b constructed 1f
..:3 •J/•t li , = lilt.� .�r'.' :?r` the ""_! use Y :permit needs _ ? _ ,
-� -.n ter;. - !t ;lsr needs - of height
prober �T .1r t .i _. :! i '_#_; be t., an appropriate �ii1f#j!!t t•
r� '�: _i t•[ i!{t!y ,Iti3:.G! •"Jt L•
-.Ts g ltrs nature
f -.-.t -.:r •i 1 Mr Ais•don l _ prior
t t'r!ii +• f_ llJi-u e f f .. {i+:�- he screening.I.y. ., f_#te if , fl i !i�fJr:fil&d p ._.
- -*t-r.no' -•tr•ndcr.•�s he was required
:ir-: - construct s fence•31. _,iU! •?L. �+J+sl +J. s :•�iJi Gd _ a chain link i r:ic#? on
t!-..: •e._t .-.;j cif tS-r ronr]rti'r and Weld r' i f�t1 s.FF n:-1
i'1 ,_ ]:fJ'•s_.' {_� _.._ �#! i1��_i ,,_ _tiE;[ii :j allowed him to 1�1t�!llJe it to
o lam: L'
The liability issue needs ti_; enforced i
be as {#_!r}1� as he operates under a
special is permit
and
allows
anyone
to use it The County
:>�sr:_t iJ use �.��: rl f i •. 11[•{fJ {�{i#J'i Y�7 1'�p!f•,�_if'N 1'� ,L _ t'1iaS
_•_t :s.:_ :bl a as Mr.. , c :#oneTC and ,v1io ever damages our propertu. Under
r- '.',:r.. it Mr.
McDonald f and
safely
l;•
' F ' _�� .. f; �:���ij[1U;iJ refusal E1�=1i to be insured properly himself.
operate :?ice.�f+i
ti i� 1•. is-sue ";i t t(+! number fit users �) OUld onit� be himself. Maybe the
: _ ti .:i an _ _4_ `.I!t'. {�.{ii!L- f �T J�.� J J ;L T[.t -n qv,t of losingpr r. r- 1 personal possessions
'•s ss- y
It`:�tf... F,r:'��! tL.j :7[•t!J :�-tly_'� _{!#i:y: Lfh!!:+`���y;ti! of an incident
r' . l solely rrs resit would
him insurance.
:ru `�'r?;.d:d be C'•.1�1•i?.=iiJ��± for i•if:t.I!f.; cause to ut•�
� discourteous 1 s pilots,l n their } a i t:
H: far as ulrlilr}iG `fi�J }rfvl'1L_, } safety infractions and failure _.f
follow regulationsis hard `_o control. The only way to eliminate this is by
-j:.. Yi_ tior; Po me problems 4 down y f there was over
-r•CiC �rt:'t:1 •f;:' could be cut i 1 rr��_ control _i i.:r
!.he users of the airstrip. TY3involvement !r control
.'1•� �.;..'FI _ The FAA's ri _ wv`CEIi s help tL! �'#_f.r�.: fl
!-.: they
they have very little i this _,_�t .f-Ivtt have stated ,'�f ly control i#tit+�'[- a �r1';'i3+.$ air
tr17,'.
Safety hazard= :r•t�r.'i. ti a t1 t of sense.
.iJ: �:. hazards tan be �_+{.. 'J�IN1, with little :i'_ #_little
f�t-r}�r��f�r-� =:�Itse.
LIr-s.L.l -.m,_�With
users be -•t tr ll i With a 1! t( bit of
, :4f .ili_ 'i'Y 1 Lti airstrip could v�Jr1t tft!Sil t t t,
m o crftrt s.f! Property values wouldn't with
up this
IJ!t :�1•a. •.�''�•i. fQ�:�r1.i� '�.�ft.!IJ.1 _ decline ��i i� clean of thls
ril �•:S Residents ttithe area would 1. rest e liability' insurance 1 #{j
:iJ"_ �L•laf•J ri in 'i`( !� `� easier with ti'�dlalt#� �[�
good business r c r- Unfortunately rr d
f�L _ a_'ii. •_ _ .`1; iJ'�ti•� _ the surrounding fJtf�It�ltlf� neighborhood#�r r-f!t!� does
hot 'ie?;eve in Mr Mc•Doon{ald's word or in r-tiss lability to abide by regulations
They feel will as h as tt.5l - chosen ti a
1�.� v`F! he is f>: do :!t chooses �t7T�i�=•. 1'f t�' 1'1?1:j not - I abide
b:4 common 'tirte3ies which ':;'_uld nelp him to operate combat!_i#q with
tt•._ community.
r_- He refuses s. to listen tour concerns - 1 i1C
.. _ v.?•!{+.sL;i#':.t%. r�tl{_:r.=. j .JtlJt� .�i and f_#1C.#1:t("?I.ir! i!J is�#f_.
J{:.erut{, said 1 he hi' cr l r-' pla ce ''= f cc# #"-F! it d in weld
�r•ter •Y Ll�iir�` J�J(fJ a :la=. The �.. =,tf_: {w #�: Vas�= t� � _ � .1.[1 � �J Y�: J
i:t i's. fileshas proven the•= (a}�1ims Mr McDonald will ell you to
_Ll[i.�y •J and t..E! /1 `#_•'.i� ...v J#� 1. Llif �J. : t: 1T t. tti•. i�:,t:.j [-s T'
has di
u 1•i -{ti r.!'7 to et a`Ch
}n i.yr 7 l- neighborst-- ' h r
•J ter'. Y:f`•[ �-�;i !'.i get f!,i, .. 1:1` ;1 _ yet he '±'? !J_t'F,' nothing
bt, h r-:: He has proven t has - desire e to rii{ [e t•1 • with
»���r� to .1•J: iJ:7J. �ti .J;'�f# Er7 �_ L"�'f{ riper ate f.11ril[E iJ�if j_
area nr follow regulations rror ti * it
..._ _• imposed wf€{y the County, hut instead sees . .
a._ h..• rights �..r r.., •iolated ri n Weld i_ountf� control this special use
»L ,i: _ i.�,: .ti ..G�fl:j violated.L•.• v1.1 Weld .i:: this -. - 'I:� •.,i•7
;t•: tl-. !V-•fir.t ,TTir.-. t.- ain+ n - r i of `tis it '' iY ' T
_. es _ .If� Jt4t 1:.1.( :•'e`f f 1:'i� .e .'J`I i•i=1. iv Lf�'t ;]. (_. It or L{lff fEy ff be
...t i -r and ignored
v..-.r-�.•1 after
4 s.r .-.s..-;-.i -.ti time?' r+ r..t_ McDonald
��}} 1-I }, trusted
ignJr ._d ice! to a rl,sl Io o! time? ran Mr 1 cDonald be trusted
t.: bi.y_ 4... ,Tet; n? Mr McDonald -
JL:f.J_ by rez: w .ii�ns Can be forcec to abide to .
regulations? •1:1,l.-1 it better ts. start ;Javier?
How best
s can h -•';s
„ .:.ti __ .•J �!.'C• y�{i� LF+� :� {_IJ[r the i�. p r`�#1}?[I.�J
created F.fj fi::sJdr'.
No r•• atter what happens th
will still be problems. i don't know if •
rn!f4dle rrr-- •r:i '-r; be found in this: situation. Control is; the key. if the
930106 1
:t - .,,{. -..ti _, - -�#i-• 1 ;ten-ta• need
r r n -i and
�i�i permit , !.i� _ '+��:� :I+ -'�� V•.ii!+1UE _ .��::+1!�_ ,ev1?iJ to �I t? ,�. i� ;l t'4?ri lJ tJ
-lliLit out ands even tidied protection.r, lot now there tote mini
-��_: ,_� _ta•. i�;„� added to for j.l J . I.J.,. �:y:,,_ :!!J _ ,:�
i-, {
i�,"���'"• that _ -•' construe try _i�:;`i�1�;�i different 5�ti�I�s. There has to be
J! .. J•� 1 .'Jr- in J I _ 1 Jv
t 1: regulations _..a F t , r - - r's airstrip
'r s t r
,,��' 'i; I :t]pi It tt_�+ll{'�%�•_ p•e. �}� �,: ,t; ip
:r.-:• - :.:.... t o ,t belong ;v residential m u n ♦f -
�k ..,;.is _ ,,;_..,yia:j r.+jC`• i.`fiJt i.i Li F!'=: ri% . �t� •J I=RP';1!.;L�;:� ��
;r•-,_r.i - rn D i- t suited r n r> The
31r Strip ri,i and museum � I],_ -ur �'t ;i•G{ 1 ! different Y;;t ;�tF? ..
.J i i i •i problem
r is evident
r the
� . :t����;y ;� r-=t:_.�I;�C71 fif'i"�, That :I�rr;t �i� the response of :tle
f You d have that many ;e( using their and 1- rotes
v .,..;frfri� _+.�. iJL. don-t .fi�.�' t,f. 1f. ;people ..+'�i,f+7 . r.r t[r-:� ,_ .� �.;�! + -
,.t.-.r(ri%sn against something e iin'1 , n r } 1 have been pushed t, What
working iJ.�+J,., ,!. .3Cri't-.tt', 4 !,{r',)>s,�.� .f t?j to 9r. , r,t3t
--.7 ttint. ;i1 %..e.st i it-at the situations created a by bring
- -.`A:_.J 1; 'r'; ,,l � _ _ . eliminate rrr, f!J•_r" :; Ia i7 L 1 r}ti�� :r" .�t�.lj 7,!+_ compatibility
Sarfdu Ingram
C.R. °E.rt Member
W Webster
Gee ge Kennedy
Connie Harbert
'11'r;f
C.
Kirby
Lee Morrison,
� 'r,,
Countu Attorney
C+rir r. ,fir ,Hh Planning Department
L:i -ii �! 'v{L+� , f ,!�ti�l!i!� 1d�+�1�; ,r:�rj
920106
Frederick adopts IGA forming
future land use cooperation
By Michael N�II n
"�
7/ 9 v k°" .
Edill Town Board The Frederick �� �•
has unanimously adopted the land
use intergovernmental agreement * '
that has already been accepted by
Firestone and Dacono.
During last week's (Thursday, _ ,
June 25) Town Board meeting, „« a
mayor Ed Tagliente said the pur- • , .
,$pose of the agreement is "to regu- •
• late land use, and(is an agreement
to) consult with the other towns on • t
"any annexation and development ,
planned.'"Another purpose of the ' „ a .
1GA is to "start looking at devel-
opment area-wide," Tagliente said, _ ;
and to be able to avoid some of the
controversies caused when the City 145. ri .
of Dacono was considering a land
fill southeast of the city. Ed Tagliente
Prior to the adoption of the
IGA, Frederick trustee Dan
Williams said he wanted to be County Road 5 to the west; Road
certain that all signers "are on the 24 to the north; Road 21 to the
same page" regarding the defini- east; and Road 6 to the south.
tion of what constitutes a noxious The IGA also addresses trans-
land use. portation planning, land use, recre-
The geographic area included ation and environmental planning,
in the IGA is bordered by Weld and development referral.
9301%
TY
t
Weld Commissioners deny
expanded permit for airport
My Michael Neilson ture. The neighbors have com-
plained, in general, about the Weld County Commis- ap-
pearance p of the McDonald prop-
The sioners last week (Wednesday, as hott-air, and associated
alloon buactivities
tee jumping
July
July 1) voted to deny an expanded and what they say are unsafe flying special use permit to cover existing practices from an adjoining
and planned operations at the Fire- parachute training and jumping op-
Sae Airpark located west of the eration.
TA-Towns on Weld County Road Another hurdle faces McDon-
Hi between Roads 13 and 11. aid on July 15 when the County
Property owners James and Commissioners will hold a so-
un McDonald hope to estab- called "revocation hearing" to de liiand open the "Wings'n Things termine if McDonald will be al-
MnMum" which would display a lowed to keep the special use
maMtude of air and land craft fium permit that is presently in effect.
various time periods. Sandy Ingram, a resident on
Surrounding neighbors, how- Road 11 and a spokesperson for
ever, have objected to the Mc-
Donakls'operation,present and fu- See 'Airport' on page 4
Gymnastics 6 Just Folks 7
Church News 7 Fourth of July 33.34
Docono Library 7 Police/Fire Logs 35
9 ,'S
input was ,.:gently sous",, vu Luc Diu OCnroeaer.
Airport... Continued from page 1
those objecting to McDonald's op- "but we feel certain this will end
eration, said there were about two- up in court," she added. "We want
dozen people present to represent written reasons for all the County
those opposed, while only the Mc- actions that have been taken. We'll
Donalds and two of their neighbors be consulting with our lawyer next
spoke in favor of the operation. week."
Ingram said those in opposi- Sharon McDonald explained
tion have formed an organization that the application denied last
called CRASH(Citizens Rebelling week was intended to be long-
Against Safety Hazards). She said reaching in both time and what the
her group left last week's hearing property might at some time in-
before the Commissioners in elude. Se said the application
Greeley with some "confused "would last for the next fifty years,
feelings" or some uncertainty and allow stuff we'd never put
about just what had been on,..It co•.ers things our kids might
accomplished. She said the July 15 do."
hearing should provide a definite Mrs. McDonald expressed lit-
indication about what may or may tle concern about their current, ex-
not take place on the McDonald isting permit being revoked on
property. July 15. If it's revoked, she said,
Meanwhile, when interviewed "We'll go back to agricultural
last weekend, the McDonalds did zoning, and won't worry much
not seem particularly upset about about it. It won't bother us. It
the Commissioners' denial of their might be our best bet. We won t
have to mow the weeds, and Jim
request. Sharon McDonald re-
ported that during last week's hear- can have a thousand cars out here
ing, those offering testimony were if he screens them."
asked to be sworn-in, but "they ---
stood up and told lies anyway," she The best discipline, maybe the
said. only discipline that really works, is
She said she and her husband self-discipline.
are examining the appeal process,, --Walter Kiechel III
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9.7011.0,5
January 21 , 1993
r.•
Weld County Commissioners
P.O. Box 758
Greeley, CO 80632 c'=`
Dear Commissioners,
This letter is in reference to the upcoming McDonald hearing on January
27th, 1993. Over the past two years myself and the members of C.R.A.S.H.
have endured many continuances of this case with no results. The
continuances reached the point were several members were endangered of
losing their jobs for taking so much time off and could no longer attend
the hearings.
Mr. McDonald has been in non-compliance for over 17 gears. He has
responded to non-compliance with paper work. The County has continued
to approve it. Now Weld County has created a salvage yard that is poorly
screened and a safety hazard that endangers lives, homes and livestock of
area residents. Several residents and the neighboring township have
spoken out against this noxious use and the activities that have taken
places here. We have tried to find a compromise only to be continued again
and again with the same problems still existing and the residents still
being harassed and threatened for speaking out.
The members of C.R.A.S.H. and the previous residents of the area have sent
many letters complaining of the nuisances and unsafe practices of airstrip
users. These letters date back to 1975. In a letter dated June 26th, 1992
that I sent to the Commissioners I requested they please read through the
McDonald file as I had. There they would see the numerous complaints and
violations dating back to 1975. I stated in that letter the names have
changed but the complaints and problems are the same and how history
continually repeats itself. In 1982 Pete Terry, parachute operator and
co-owner of the airstrip, was convicted in federal court of illegal flying
practices and served a jail term. Now 10 years later Ed Herson has been
convicted of the same illegal flying practices in federal court- I sent in an
article about problems residents had with the parachutists. They had
constant noise at all hours and overnight campers who partied all night.
There was another article almost identical that came out years later
describing the same problems with the bungee jumpers. This problem also
occurred when the balloonist were allowed to use the airstrip. The
complaints of low flying planes, planes scaring and hurting livestock,
planes with no visible tail numbers, trespassing and dangerous acrobatic
maneuvers has also repeated itself. Mr. McDonald has also chosen to ignore
rules and regulations consistently. By this I refer to his actions regarding
plane crashes and County regulations. He allowed the bungee jumpers to
use his property when they were told no by Weld County to begin with.
Then after a cease and desist order was issued he and the County, as they
were notified in advance by fax, allowed them to make a world record
bungee jump from the sight with no action taken by the County. The same
disregard for safety and rules still exist and if allowed to continue the
chances are it will happen again and again. The number of crashes and
incidents that have taken place here speak for themselves.
People like to use this airstrip because the FAA has no control over it. It
has been stated in one letter because this is a private airport, the only
person that can be held accountable for airport activities is Mr. McDonald
unless Weld County is willing to assume that responsibility. Yet Mr
McDonald has done nothing to stop the practices that endanger our lives
and homes. It is hard to believe Mr. McDonald is unaware of the activities
taking place here or of the actions of the public nuisances he has allowed
to use the strip such as balloons, ultralites, parachutists and bungee
jumpers. With his many letters to the County and calls to the Sheriffs
Department of neighborhood activities it would be pretty far fetched to
believe he not know or see what was or is going on in his own back yard.
The operation of this airstrip is unsafe for the community. There is not
enough room to safely operate the many types of aviation that use it at the
same time, plus operate a salvage yard. I feel this permit needs to be
revoked, the airstrip closed and proper screening put up. The existing
fencing used as screening has been referred to by Tri-Area Planning as
ineffective and unsightly and should require screening similar to
Columbine Metals. It also depreciates the property values in the area. The
fencing for this so called museum needs to completely screen the items it
contains. If the fence does not completely screen from view certain items
then they need to be placed in storage buildings. This fencing also needs
to be maintained at all times.
This non-conforming use has proven it is not compatible with the
surrounding community nor will it be compatible with the future uses
proposed. It is not consistent with the Growth and Preservation Policy,
the I.G.A. or the Weld County Comprehensive Plan. The town of Frederick
has voiced concern in a letter stating the County is still allowing uses
that might be appropriate in a rural area but will not be compatible as the
area becomes more urbanized. It is not advantageous to county residents
and has interfered with agricultural production.
92010S •
Letters have been sent and reasons have been made. Mr. McDonald's track
record speaks for itself. f hope this situation will finally be settled
without further delay before someone gets seriously hurt.
Sincerely,
c,tU
sandy Ingram
C.R.A.S.H. Member
930106 !
11
titbit( DEPARTMENT OF PLANNING SERVICES
PHONE(303)3564000,EXT.4400
91510th STREET
I D GREELEY,COLORADO 80631
C.
COLORADO
TO: SURROUNDING PROPERTY OWNERS
Subject: ZCH - 76
NAME: James McDonald
FOR: An amended Special Review permit for an airport.
LEGAL DESCRIPTION: Part of the E2 W2 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.
A Probable Cause Public Hearing is scheduled before the Weld County Board of
County Commissioners on Wednesday, August 28, 1991, at 9:00 a.m. in the County
Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th
Street, Greeley, Colorado.
The purpose of this public hearing will be to review Case Number USR #537 for
compliance with the Operation Standards as approved by the Board of County
Commissioners on June 17, 1985, to determine if probable cause exists to hold a
hearing on revocation of USR #537.
You are receiving this notification because your property is within five-hundred
(500) feet of the property being reviewed. All persons in any manner interested
are requested to attend and may give testimony pertaining to USR #537 and the
uses occurring on the approved site. For additional information write or
telephone, Keith A. Schuett, Current Planner.
920 1.0S
SURROUNDING PROPERTY OWNERS AND/OR SURFACE ESTATE/MINERAL OWNERS
James McDonald
ZCH #76
Grisham, Leslie and Aline 131325000006
P.O. Box 43
Firestone, CO 80520
Miller, Cecil S. and Michelle J. 131325000007
7402 Weld County Road 11
Longmont, CO 80501
Peterson, Bustin Dale 131325000008
7352 Weld County Road 11
Longmont, CO 80501
Foote, Jon 0. and Lori A. 131325000010
5059 Weld County Road 16
Longmont, CO 80501
Herson, Edward A. and Carol L. 131325000011
P.O. Box 27
Frederick, CO 80530
Gaulke, Ronald G. and Katherine M. 131325000013
N. 6637 South Island View Drive
Watertown, WI 53094
Munoz, Frank 131325000053
P.O. Box 494
Firestone, CO 80520
Stewart, Charles L. and Denise 131325000054
7200 Weld County Road 11
Longmont, CO 80501
Jubenville, Russell G. and Helen I. 131325203003
7592 Weld County Road 11
Longmont, CO 80501
Smith, Willie B. and Myrna and 131325203004
Erskine, Charles C. and Glenda M. and
Davies, Patricia L. and Killough L. Ray
1039 Gay Street
Longmont, CO 80501-4312
Dacono Investment Company
6825 Tennessee, #235
Denver, CO 80224
X3301.%
AFFIDAVIT OF INTEREST OWNERS
SURFACE ESTATE
Application No.
Subject Propertyt4 S7k1or 25- 2- !P8
STATE OF COLORADO )
ss.
COUNTY OF WELD )
THE UNDERSIGNED, being first duly sworn, states that to the best of his
or her knowledge the attached list is a true and accurate list of the names,
addresses and the corresponding Parcel Identification Number assigned by the
Weld County Assessor of the owners of property (the surface estate) within
five hundred (500) feet of the property subject to the application. This list
was compiled from the records of the Weld County Assessor, or an ownership
update from a title or abstract company or attorney, derived from such
records, or from the records of the Weld County Clerk and Recorder. The list
compiled from the records of the Weld County Assessor shall have been
assembled within thirty (30) days of the application submission date.
The foregoing instrument was subscribed and sworn to before me thisJ9!"
day of 4/5•4- , 10
WITNESS my d and official seal.
My Commission expires: My commission expires October 15, 1994,
-4E Sv7
• i 4 •e
920109
NOT I C E
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the
Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the
time specified. All persons in any manner interested in the matter are
requested to attend and may be heard.
Should any interested party desire the presence of a court reporter to
make a record of the proceedings, in addition to the taped record which
will be kept during the hearing, the Clerk to the Board's Office shall be
advised in writing of such action at least five days prior to the hearing.
The cost of engaging a court reporter shall be borne by the requesting
party.
BE IT ALSO KNOWN that the text and maps may be examined in the office of
the Clerk to the Board of County Commissioners, located in the Weld County
Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET NO. 91-44 James McDonald
4911 Garrison, 8103
Wheatridge, CO 80033
DATE: September 11, 1991
TIME: 10:00 A.M.
REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit 8537
LEGAL DESCRIPTION: Part of the Ez W} SE; of Section 25, Township 2 North,
Range 68 West of the 6th P.M. , Weld County, Colorado
ISSUES: 1. Whether or not the uses currently conducted on the
site are in violation of Operation Standard 81 which
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
shed; and one enclosed airplane salvage and equipment
storage area."
9301.08
2. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #17, which
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."
3. Whether or not the uses currently conducted on the
site are in violation of Operation Standard #21, which
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
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. "
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Cathy Flot, Deputy
DATED: June 19, 1991
PUBLISHED: August 29. 1991. in The New News
930106
PL0842
930106
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