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Home My WebLink About920286.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL REVIEW PERMIT #908 - LAKU LANDING, C/O PHILIP G. AND ELLEN J. YASTROW/RANDY HOCKING WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on January 8, 1992, a Show Cause Hearing was conducted to consider revocation of Special Review Permit #908, issued to Laku Landing, c/o Philip G. and Ellen J. Yastrow/Randy Hocking, and WHEREAS, Philip G. and Ellen J. Yastrow and Randy Hocking are owners of the facility located on property described as part of the Sz of Section 20, and part of the N* of Section 29, Township 6 North, Range 67 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, at the hearing of January 8, 1992, the Board deemed it advisable to continue said matter to January 22, 1992, then to February 5, 1992, then to February 10, 1992, then to March 4, 1992, and then again to March 25, 1992, and WHEREAS, at said hearing of March 25, 1992, Ken Lind, attorney representing said permit holders, Philip Yastrow, and Randy Hocking were present, and WHEREAS, it has been determined that the permit holders have failed to comply with the Flood Hazard Development Permit requirements of the Weld County Zoning Ordinance, and WHEREAS, after extensive discussion and testimony, the Board deemed it advisable to continue said matter to May 6, 1992, at 10:00 a.m. , to allow said permit holders time to comply with Special Review Permit #908 to consider revocation of said Special Review Permit. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning the revocation of Special Review Permit #908, issued to Laku Landing, c/o Philip G. and Ellen J. Yastrow/Randy Hocking, be, and hereby is, continued to May 6, 1992, at 10:00 a.m. to consider imposing the revocation of Special Review Permit #908. BE IT FURTHER RESOLVED by the Board that the consideration of revocation of the Special Review Permit is stayed on the conditions that: 1. No further activities, other than removal of stockpiles, would take place on the site within the 1992 floodway, unless the application for the Flood Hazard Development Permit is approved. 2. The permit holders, in order to allow the Flood Hazard Development Permit to be processed, need to clarify the topographic features of the site to the satisfaction of Resource Consultants and Engineers, Inc. 920286 (-O(/'gR cc ' P►. GA, APP, Hcl.d , ru.c. RE: SHOW CAUSE - LAKU LANDING PAGE 2 3. Resource Consultants and Engineers, Inc. , is authorized to continue to act to analyze this information and to make the appropriate requests for the information. 4. The permit holders need to continue to contribute funds toward that analysis, as required under the Flood Hazard regulations. 5. The intent of Weld County Zoning Ordinance regulations is not to require a "no net rise" standard in the floodprone districts, which is consistent with FEMA regulations. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of March, A.D. , 1992. /� BOARD OF COUNTY COMMISSIONERS ATTEST: i D % GG2 WELD ? TY. 00 LORADO Weld County Clerk to the Board r//�/ George Kennedy, Chairman BY: 7,42 'Deputy Clerk o the Board Constance L. Harbert, Pro-Tem APPROVED CTO FORM: X/715/744,1- C. W. Kir County Attorney Gor . Laly ? e W. H. Webste 920286 HEARING CERTIFICATION DOCKET NO. 91-61 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL REVIEW PERMIT #908 - LAKU LANDING, C/O PHILIP G. AND ELLEN J. YASTROW/RANDY HOCKING A public hearing was conducted on March 25, 1992, at 10:00 A.M. , with the following present: Commissioner George Kennedy, Chairman Commissioner Constance L. Harbert, Pro-Tem Commissioner C. W. Kirby Commissioner Gordon E. Lacy Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Lanell Swanson The following business was transacted: I hereby certify that pursuant to a notice dated November 20, 1991, and duly published December 19, 1991, in The New News, a public hearing was conducted on January 8, 1992, to consider the revocation of Special Review Permit 11908 issued to Laku Landing, c/o Philip G. and Ellen J. Yastrow/Randy Hocking. Said hearing of January 8, 1992, was continued to January 22, 1992, February 5, 1992, February 10, 1992, March 4, 1992, and again to March 25, 1992, at 10:00 a.m. At said hearing of March 25, 1992, Lee Morrison, Assistant County Attorney, made this a matter of record. Lanell Swanson, Planning Department representative, said this matter was continued to March 25 to allow time for the flood permit study to be analyzed. Lyle Zevenbergen, Resource Consultants and Engineers, Inc. , explained his evaluation of the HEC-2 analysis. Mr. Zevenbergen said the final conditions are satisfactory, the construction conditions would cause a 0.2 foot rise. He requested a topographic map for a complete analysis to be made and answered questions of the Board regarding the stockpiles. Ms. Swanson said FEMA (Federal Emergency Management Agency) has asked the permit holders to provide a topographic map, which may also be used by Mr. Zevenbergen for further analysis. Ken Lind, attorney representing Laku Landing, discussed the "no net rise" regulations of the Zoning Ordinance with Mr. Zevenbergen and Ms. Swanson. Mr. Yastrow clarified there is a berm on the north west end of the existing lake, and there are four existing stockpiles. Mr. Lind submitted, as Exhibit 14, a contract between Grasser Construction, Inc. , and Connell Resources, Inc. , which provides for removal of 40,000 tons of material within the next month. This will leave 30,000 tons of material, one stockpile, remaining. Mr. Morrison referred to Sections 26.4.7. and 53 of the Zoning Ordinance, and said the matter of applying "no net rise" to the floodprone areas as well as the floodway areas is open for interpretation. He recommended the Board make judgement whether to apply the strict standard of "no net rise" in both instances. Mr. Yastrow explained that material will start being removed April 1, 1992, and all material left will be used for Lake #2. No piles will be left in the floodway according to the 1980 map, and one pile will be left in the floodway according to the 1992 map. Mr. Yastrow said the top soil is currently spread out and groomed, and other material has been set aside for reclamation and leveling. Mr. Yastrow answered questions of the Board concerning construction of the second lake. Financial security for removal of the stockpiles was discussed, and Mr. Yastrow offered proposals. Mr. Morrison said a bond has not been officially accepted at this point because of the current issues. After discussion concerning acreage outside of the floodway and floodplain areas, Mr. Yastrow said there is no dispute that stockpiles are not to exist in the floodway. Mr. Yastrow said the topographic map Mr. Zevenbergen needs for further analysis would be much more in depth than the one FEMA requires. After further discussion, Commissioner Lacy moved to allow Laku Landing to move off site, with the contract they have, the product that will be used for the State Highway contract; to crush material which will be moved off site and out of the 1992 floodway; and to allow no further work to be done on the property until the previous question discussed and Mr. Yastrow's request for a potential error on the 920286 CC - RE: HEARING CERTIFICATION - LAKU LANDING PAGE 2 1992 floodway map is approved by FEMA. Chairman Kennedy clarified that Commissioner Lacy's motion Finds that there is Show Cause, and thus to remove said Show Cause, these further things have to be done. The motion was seconded by Commissioner Harbert. There was further discussion concerning the floodway map revision. Mr. Morrison clarified that Mr. Yastrow cannot act with the proposed map revision until it is approved by FEMA. Ms. Swanson explained the Board's need to determine whether the standard regarding increase in flood levels applies only to floodway or both floodway and floodprone districts. Ms. Swanson said this determination is necessary for processing of the flood hazard overlay district permit. Commissioner Lacy withdrew his motion, and Commissioner Harbert agreed. There was further discussion concerning the regulations of "no net rise" and the Board's options. Let the record reflect a recess was taken at this time to allow staff and State and Federal representatives to meet. Upon reconvening, Mr. Morrison suggested the following motion: 1) the Board make a Finding of violation of the Special Review Permit in that there was not compliance with Flood Hazard Overlay District requirements; 2) any decision on revocation would be deferred to determine if the permit holders can come into compliance; 3) no further activities, other than removal of stockpiles, would take place on the site within the 1992 floodway, unless the application for the Flood Hazard Development Permit is approved; 4) the permit holders, in order to allow the Flood Hazard Development Permit to be processed, need to clarify the topographic features of the site to the satisfaction of Resource Consultants; 5) the Board authorize Resource Consultants to continue to act to analyze this information and to make the appropriate requests for the information; 6) -the Board inform the permit holders that they would need to continue to contribute funds toward that analysis, as required under the Flood Hazard regulations; and 7) the Board determines the intent of Weld County Zoning Ordinance regulations is not to require a "no net rise" standard in the floodprone districts, which is consistent with FEMA regulations. Commissioner Lacy so moved, and Commissioner Kirby seconded. Mr. Morrison clarified that once the first flood hazard permit is issued for the first lake, that any further activity still requires a further flood hazard permit. The motion carried unanimously. Mr. Morrison suggested setting a date for consideration of effective sentencing on the matter. After discussion, Commissioner Lacy moved to continue the Show Cause Hearing concerning the revocation of Special Review Permit #908 issued to Laku Landing, c/o Philip G. and Ellen J. Yastrow/Randy Hocking, to May 6, 1992, at 10:00 a.m. Commissioner Harbert seconded the motion, which carried unanimously. Virginia Motoyama, FEMA representative, answered questions of the Board. This Certification ATTEST: / / � ,W1? APPROVED: ` /!/ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk .o t Board �� // // .moo - By: / /1 iLf9 _ G orns e K nnedy, Chairman beputy C e k to the Board s Constance L. Harber , Pro-Tern TAPE #92-12 ,Y C. W. Kirb DOCKET 1191-61 Go . La y PL0689 W. H. Webster 920286 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25th DAY OF March 1992: DOCKET # 92-13 - Harrison Resource Corporation, Final PUD Plan, 1st Filing -DOCKET /! 92-15 - Lyle J. and Betty L. Picraux, Show Cause (CUD #Z312) TDOCKET /! 91-61 - Laku Landing, c/o Yastrow and -Hocking, Show Cause (USR #908) DOCKET /t -PLEASE write or print your name legibly, your address and the DOCKET U (as listed Above) or the name of the applicant of the hearing you are attending. NAME ADDRESS HEARING ATTENDING ,.. Thtw Lit,- S /J e:'../.„co..;Jt'/, 6.4/7/trier , ( c/ 'c� 9°7-.15 4r /F .� eUr 16ticje 2L^Ju` Oa-ten 1J' 2ft. (arll,;, CL) r7 9 / -4 / et J i3(3 5kEknnk) SI • , Rrt, ZaI 41ct ( _ � / (A...) r`y D E )1 C N J 6 R, C o ?jv d t7 _3 PR /3t,3c. :/6,2.2c,,,i,/co 27c i-/c�D. 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