HomeMy WebLinkAbout920639.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - 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 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, at which time said matter was again continued to July 15,
1992, at 10:00 a.m. , and
WHEREAS, James McDonald is owner and operator of said 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 July 15, 1992, James McDonald, permit holder,
and Bob Ray, Attorney, were present, and
WHEREAS, the Board, after hearing all testimony presented, deemed it
advisable to continue said matter one week to allow the Board and County
Attorney's staff adequate time to confer.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing for James McDonald be, and hereby
is, continued to July 22, 1992, at 10:00 a.m.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the followin vote on the 15th day of July, A.D. , 1992.
(/DXAi'
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk to the Board . e ��_ - _ (NAY)
Geo ge Ke Iedy, Cha rma
BY: dig?" 7-7 _ .cdi:_r-c x..c.C . 6.4% (AYE)
Deputy Clerk to the Board Constance L. Harbert, Pro-Tem
APPROVED A TO FORM: 4.,..„-e:---I5." (AYE)
C. W. Kir y
C1r--7 i?
.._. v /�''" U �u--/ AYE
County Attorney Gor . a
NAY
W. H. Webster
920639
PL_CSe-I- CC- Pi, r?r� h , caNt- ,/ 1 �-fc ( /LL;
HEARING CERTIFICATION
DOCKET NO. 91-50
RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT #537
- JAMES MCDONALD
A public hearing was conducted on July 15, 1992, at 10:00 A.M. , with the
following present:
Commissioner George Kennedy, Chairman
Commissioner Constance L. Harbert, Pro-Tem - Absent
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, Keith Schuett
Planning Department Director, 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
#537 issued to James McDonald. At said hearing of September 11, 1991, the
matter was continued to October 30, 1991, and then to January 29, 1992,
then May 13, 1992, then again continued to July 15, 1992, at 10:00 a.m.
At said hearing of July 15, 1992, Lee Morrison, Assistant County Attorney,
made this a matter of record. Let the record reflect that Commissioner
Harbert is now present. Keith Schuett, Planning Department
representative, entered staff's comments as written. James McDonald,
permit holder, and Bob Ray, attorney, have copies of staff's comments and
are agreeable to this. Mr. McDonald answered questions of Mr. Ray stating
screening was constructed approximately three months ago, and all
materials are in the screened area. He said there is a gate, which is
labeled, for access from Weld County Road 16. He said hangar storage
consists of antique motorcycle parts which are not visible from outside.
He said all aircraft are in the museum, and the screened fence contains
all airplanes. Mr. Ray stated, under A (Agricultural) Zoning, Mr.
McDonald has the right to have a non-commercial junkyard. He said all
materials are enclosed or screen, and if the permit is revoked, all rights
will be allowed. Mr. McDonald submitted pictures of the screening,
Exhibit L. Commissioner Lacy questioned what type of screening was
required. Chuck Cunliffe, Planning Department Director, said for non-
commercial junkyards, a screening plan is to be submitted to the
Department of Planning Services for approval. Mr. McDonald did not submit
a plan and has proceeded on his own. Mr. Cunliffe said most approved
fences, in the past, have been 6' or higher, solid-wood fences; however,
they are reviewed on an individual basis. He said derelict vehicles were
not permitted under the 1985 permit, whether screened or not. Mr.
Morrison explained the underlying A (Agricultural) Zone uses are not
effective when a special review permit is issued. Mr. Ray stated all uses
under A (Agricultural) Zoning are incorporated in the 1980 permit. Mr.
Morrison stated that language is not included in the 1985 permit. There
was further discussion concerning screening. Commissioner Lacy stated the
screening should have been approved before having been constructed. Mr.
McDonald said the existing fence covers less than one-quarter of his
property. Mr. Cunliffe said approximately seven to twelve acres are
fenced, and all materials are presently in a screened area. Mr. Ray
submitted a video, Exhibit M, of the property which was taken on July 14,
1992. Mr. McDonald drew the fenced area on the map. He said the fencing
is solid, constructed of 6X6 treated posts and building materials. Mr.
Cunliffe said staff has attempted to identify materials not permitted in
the 1985 permit, as well as the changes which occurred without Weld
County's approval. Staff has options available to resolve these issues.
920639
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RE: HEARING CERTIFICATION - MCDONALD
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Mr. McDonald said his 1985 permit does allow antique artifacts.
Commissioner Lacy noted that Operation Standard #16 does not allow
dismantled, unlicensed or inoperative vehicles to be stored on the
property. Mr. Cunliffe clarified that at the Planning Commission hearing
on May 7, 1985, Operation Standard #16 was amended to read as it is stated
on the recorded plat; and Mr. McDonald agreed to said amendment at both
the Planning Commission's and the Board's hearings. Commissioner Kirby
questioned what the status of the airport would be under A (Agricultural)
Zoning if the permit was revoked. Mr. Morrison said the level of use
would need to be re-established. The determination would depend on the
time the use as an airstrip was regulated and the level of activity at
that time. Mr. Ray requested the video tape be reviewed. After reviewing
said video, Mr. Schuett said the majority of the homes on are on the east
side of Weld County Road 11, with the Ingram home and the Gonzales home
being on the west side. Mr. McDonald confirmed parts of the video were
taken from Road 11. In response to a question from Commissioner Kirby,
Mr. Schuett said, based on the inspection of July 9, 1992, there was no
blowing debris observed and the weeds seem to be controlled on site. Jim
Westervelt, surrounding property owner, said there are many piles of junk
on site that were not shown on the video. He said he is rescinding his
offer to Ed Herson to allow his parachute jumpers to land on his property,
and the airport is not a safe place to land. Mr. Westervelt questioned
the control of takeoffs and landings and asked that all vehicles in non-
compliance be removed. He said the sale of airplane parts is a big
business, and the FAA will assist the County in determining what parts are
junk. Sandy Ingram, surrounding property owner, said there are several
C.R.A.S.H. (Citizens Rebelling Against Safety Hazards) members who were
not able to be present and indicated their homes on the map. Ms. Ingram
stated concerns regarding the amount of salvage, solid-screen fencing,
liability, safety hazards, obnoxious air users, and McDonald's failure to
comply. David Smith, surrounding property owner, also stated concerns
regarding safety, liability, and non-compliance. He said the position of
the runway has been changed since he moved to the area three and one-half
years ago. Helen Jubenville, surrounding property owner, said she is not
necessarily in favor of the revocation, because there will be less control
over Mr. McDonald. She questioned whether ultra lights are permitted.
Geraldine Russell, surrounding property owner, said she also has the power
of attorney for the property adjoining the McDonald property. She
questioned whether the fencing was illegal and if revocation occurred,
does the property revert back to grandfathering. Mr. Morrison said the
level of activity requires research. In response to a question from
Commissioner Kirby, Mr. Morrison said there may be a pre-existing right to
use at certain levels. Ms. Russell asked if the runway were allowed under
A (Agricultural) Zoning, how would it be controlled. Mr. Morrison again
stated the regulations of use would have to be established, and it would
need to be determined when it was regulated.
Let the record reflect a recess was taken at this time.
Upon reconvening, Ms. Russell said the video tape was very selective, and
she also questioned whether ultra lights are permitted. Mr. Schuett said
ultra lights are permitted. Ms. Russell stated concerns about the way
things are conducted, safety issues, and cited various incidents. Ms.
Russell submitted prints of various slides, Exhibit N, which were shown
July 1, 1992, at the hearing to consider an amended permit for Mr.
McDonald. (Said prints are also Exhibit U for Docket #92-31. ) Mr. Ray
reviewed said prints and questioned Russell Jubenville, surrounding
property owner, and Mr. Smith as to where said photos were taken and what
type of lenses were used. The response to said questions was that they
were taken from a pickup and a porch, with telephoto and wide angle lenses
on a 50mm camera. Mr. Jubenville questioned whether a fish-eye lens was
used on the video tap. Sharon McDonald said a standard VCR was used with
no special lens, and the video was taken from their yard and Weld County
Road 11. Wade Gonzales, surrounding property owner, requested a copy of
920639
RE: HEARING CERTIFICATION - MCDONALD
PAGE 3
the plot plan. He said he is opposed is to the type of fencing and
requested the aircrafts be towed onto the property. He also stated
concerns regarding the liability issue of the parachuting. At the request
of Commissioner Kirby, Mr. McDonald drew on the map the runway currently
being used. Mr. Smith also drew the runway from his perspective. Mr. Ray
began rebuttal by stating the 1985 plan allows for the sale of parts, and
that Mr. McDonald would be better off if said permit was revoked. He said
Mr. McDonald has made progress by cleaning and screening the site. The
fencing is constructed of building material. Mr. Ray said they are
conforming to the intent of the original permit. Commissioner Lacy moved
to continue the Show Cause Hearing to consider the revocation of Special
Use Permit #537 issued to James McDonald for one week to confer with
cousel. Commissioner Harbert seconded the motion. Mr. Morrison said the
level of pre-existing use needs to be determined, and he cannot give a
legal answer on factual information. Commissioner Kirby questioned
whether testimony would be limited at that time to new information only.
Mr. Morrison confirmed that it would be limited. Chairman Kennedy said he
would vote against the motion, because he feels a decision needs to be
made today. Commissioner Kirby said he will vote for the motion because
of the legal issues still in question, and he would like to inspect the
property. Commissioner Harbert said she would also vote for the motion in
order to look at the property. She also stated the reason she did not
return the phone calls she received regarding this matter is because the
Board is not at liberty to discuss these issues before the hearing.
Commissioner Webster said he would vote against the motion, because he
feels the Board is procrastinating. On roll-call vote, the motion carried
three to two, with Commissioner Webster and Chairman Kennedy voting nay.
Said matter is continued to July 22, 1992, at 10:00 a.m.
This Certification was approved on the 20th day of July, 1992.
tt //�� APPROVED:
ATTEST:IJ�I �/�� BOARD OF COUNTY COMMISSIONERS
/IY WELD COUNTY, COLORADO
Weld C/oy my Cler tothe Board 2-1
•
By: / Geo ge Kennedy, Chairman 'Y �-
Deputy C erk t�Boar
d\
•
Constance L. Har ert, Pro-Tem
TAPE #92-22
C. W. Kir
DOCKET #91-50
Gord a
PL0842 j
W. H. Webster
920639
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15th DAY OF July 1992:
DOCKET // 91-50 - Show Cause Hearing re: James McDonald
DOCKET It 92-20 - Weld County Road 8 Local Improvement District #1992-3
DOCKET // 92-38 - Special Review Permit for Laidlaw Waste Systems (Colorado) , Inc.
DOCKET 1/
PLEASE write or print your name legibly, your address and the DOCKET it (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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930106
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS /541) DAY OF jail-. 1992:
/
DOCKET I! 9/-so Chou) m,t,. c - rocotnA.(tiet, -4 ray. ..:
DOCKET #
DOCKET #
DOCKET 1!
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
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930106
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