HomeMy WebLinkAbout911081.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 11537, issued to James McDonald, and
WHEREAS, James McDonald is owner and operator of said facility, located on
property described as part of the SWe of Section 25, Township 2 North, Range 68
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, Robert Ray, Attorney representing the applicant, and Mr. McDonald
were present, and
WHEREAS, the Board heard all of the testimony offered concerning this
matter and, having been fully informed, did Find that the burden of proof has
been met to show the existence of violations of Operation Standards 111, 114, 115,
117, 1115, #16, 1117, and 1121, regarding structures and uses on property, public
accesses, use of hangars, trash and refuse, and storage within the designated
areas, and
WHEREAS, pursuant to said Findings, the Board deems it advisable that Mr.
McDonald be allowed 45 days to come into compliance with Special Use Permit 11537,
which consists of the following violations:
1. 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.
2. 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 as
shown on the Special Use Permit plat map.
3. 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.
4. 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.
911081
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Page 2
RE: SHOW CAUSE - MCDONALD
5. Junk aircraft, aircraft salvage parts, and aircraft maintenance
equipment are not stored within the screened area shown on the
Special Use 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 are
shown on the Special Use Permit plat map. Additional junk aircraft
storage areas, not shown on the Special Use Permit plat map, have
been added. Junk automobiles, derelict vehicles and other junk
vehicles are stored on the property.
6. The property owner and/or operator of this operation have not
complied with all stated Standards. Standards 111, 114, 115, 117, 1115,
and 1116 are not in compliance at this time.
7. The Use by Special Review has not been limited to the plans shown
and stated Standards. The noncompliance of Standards 111, 114, #5,
117, 1115, 1116, 1117, and 1121 is as stated herein.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Board does hereby Find that James McDonald be, and
hereby is, in violation of Special Use Permit 11537.
BE IT FURTHER RESOLVED by the Board that Mr. McDonald be, and hereby, is
allowed 45 days to come into compliance with Special Use Permit 11537.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 11th day of September, A.D. , 1991.
r ' Miet BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD CO H YrCOLORADO
Weld County Clerk to the Board ���,♦�
/J // Go•' . �a y airman
7,4,[4-/r-, 7 -e"
eputy Clerk to the BoardSe Ge ge Kenney, Pro- em
APPROVED A TO FORM: �p _�
Constance L. Harbert
County Attorney G �'�te
A
W. H. Webster
911081
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.
; !1.1.0531.
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 x{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.
31.1.091-
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 x/537 and authorize the
County Attorney to proceed with legal action to bring the property into
compliance with the Weld County Zoning Ordinance.
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