HomeMy WebLinkAbout920667.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, then to July 15, 1992, at which time said matter was again
continued to July 22, 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 SWe of Section 25, Township 2 North, Range 68
West of the 6th P.M. , Weld County, Colorado, and
WHEREAS, at said hearing of July 22, 1992, James McDonald, permit holder,
and Bob Ray, Attorney, were present, and
WHEREAS, the Board, after hearing all of the evidence presented, finds that
the respondent has not complied with the terms and conditions of the Special Use
Permit, and
WHEREAS, the Board, after hearing all testimony presented, deemed it
advisable to continue said matter to September 16, 1992, at 10:00 a.m. , for
consideration of the penalty to be imposed, and
WHEREAS, said continuation will allow Mr. McDonald time to submit an
application for consideration of substantial change, and if approved, to submit
an application for an amended special review permit.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Show Cause Hearing to consider revocation of Special
Use Permit 11537, issued to James McDonald be, and hereby is, continued to
September 16, 1992, at 10:00 a.m.
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RE: SHOW CAUSE - MCDONALD
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The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of July, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST WELD COUNTY, COLORADO
Weld County Clerk to the Board o� L e K nedy, Chairman
BY: 44.(0.4vr__/ „1-2-e-t 40'
Deputy Clerk to the Board ons ance L. Harbert, Pro-Tem
APPROVED AS 0 FORM:
C. . Ki
ounty Attorney Gor cIL4Webste aj
920667
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 22, 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, Keith Schuett
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 to July 15, 1992, and then again continued to July
22, 1992, at 10:00 a.m. At said hearing of July 22, 1992, Chairman
Kennedy explained that since Bob Ray, attorney for James McDonald, and Lee
Morrison, Assistant County Attorney, have been conferring, the Board would
go into executive session to hear Mr. Morrison's comments; however, no
decision will be made while in executive session. Mr. Morrison made this
a matter of record. Commissioner Harbert moved to allow the Board to go
into executive session. Commissioner Lacy seconded the motion, which
carried unanimously.
Let the record reflect the Board is now in executive session.
Upon reconvening from executive session, Mr. Morrison explained that a
memo, submitted by himself to the Board today as Exhibit P, was discussed
during executive session. Said memo was marked as a draft because he
discussed it with Mr. Ray and received verbal comments. Mr. Morrison
explained the proposal which he and Mr. Ray attempted to resolve. He
recommended the Board make appropriate findings, but defer any decision on
the remedy. This would allow Mr. McDonald an opportunity to apply for a
substantial change, and if approved, to apply for a further amendment to
the existing Special Use Permit. Mr. Morrison read said memo into the
record and noted Mr. Ray's comments concerning safety and screening issues
which should be addressed in the amended permit. Mr. Ray agreed that all
corrugated metal fencing would be enclosed or replaced with siding
materials. The airport would be for private use only, with no commercial
use. No crop dusting, parachuting, or bungee jumping would be allowed.
Balloons, ultra lights, and aircraft would be used for personal and/or
private uses by Mr. McDonald and his family, with a limitation of 25
airworthy aircraft. One exception of the non-commercial requirement would
be to allow occasional plane rental and flight instruction by Mr.
McDonald. Mr. McDonald would be allowed to apply to continue to collect
collectible vehicles and aircraft if stored within a screened area or
inside structures. All necessary building permits would have to be
obtained. If the Board finds the latest proposal is a substantial change,
fees would be waived for the proposed amendment. The substantial change
should be applied for within 30 days, and if approved, the applicant will
be allowed 60 days to apply for an amended permit. Commissioner Lacy
explained that the Board can control nuisance situations and operations;
however, they cannot control ultra lights. He reiterated that only Mr.
McDonald, as the owner of the airport, has the right to fly and/or
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RE: HEARING CERTIFICATION - MCDONALD
PAGE 2
instruct. After further comments, Mr. Morrison said Mr. McDonald owns
partial interest in a balloon. Commissioner Lacy said no other aircraft
is allowed while ballooning, as per a FAA regulation which concerns a one-
half mile requirement. He also suggested nothing other than ultra lights
be used at one time. Mr. Morrison clarified the Board would like to see
this included in the proposed application. Commissioner Lacy said the
application needs to be submitted within 30 days, with no further changes
to occur until approved. Mr. Ray clarified that it would not be just
family that would be using balloons and ultra lights; however, there would
be no commercial use. He said the other issues were adequately covered by
Mr. Morrison, and he has no objections. He also clarified that ultra
lights may be used in the morning and aircraft in the afternoon, but they
would not be used at the same time. Sandy Ingram, surrounding property
owner, stated concerns regarding the screening materials, the height of
the fence, the ultra lights and noise, hours of operation, number of
landings, people, and vehicles, and safety. There was discussion
regarding Ms. Ingram's concerns between Keith Schuett, Planning Department
representative, Mr. Morrison, the Board, and Ms. Ingram. Helen
Jubenville, surrounding property owner, said she agrees with Ms. Ingram
and suggested the ultra lights fly south where there are no residences.
Geraldine Russell, surrounding property owner, said she would like her
questions from the July 15, 1992, hearing answered. She questioned
whether the A (Agricultural) Zoning allows all uses currently permitted
without a permit. Commissioner Lacy said with a special review permit,
there is control over said uses. Mr. Morrison clarified that all uses may
not be allowed under A (Agricultural) Zoning. Ms. Russell said she agrees
with Ms. Ingram's and Ms. Jubenville's comments and asked for control of
the problems that occur on the weekends. Commissioner Lacy moved to find
there is Show Cause and to allow Mr. McDonald to submit an application for
consideration of substantial change within 30 days and then an amended
special review permit application, with the Board to waive the fees for
the proposed amendment. Commissioner Kirby seconded the motion. Mr.
Morrison suggested including a continuance date to determine a remedy for
the Show Cause Hearing. Commissioner Lacy suggested September 16, 1992,
at 10:00 a.m. Commissioner Kirby agreed to include said date in the
motion. After further discussion concerning the date, the motion carried
unanimously. Chairman Kennedy suggested Ms. Russell confer with Mr.
Morrison concerning any further questions. Commissioner Kirby recommended
Mr. Morrison and Mr. Ray continue working together to accomplish an
agreement within the 30 days.
This Certification was approved on the 27th day of July, 1992.
APPROVED:/041ATTEST: 4 BOARD OF COUNTY COMMISSIONERS
WELD CO NTY, COLORADO
Weld County Clerk to th Board
By: G e Ke edy, Chairman
Deputy C erk to the Board
Constance L. Harbert, ro-Tem
TAPE #92-24
C. W. Kir
DOCKET #91-50
Gor �y
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PL0842 I IA 2)�i V
W. H. Webster
920667
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 22ND DAY OF JULY 1992:
DOCKET II 92-40 - SUBSTANTIAL CHANGE HEARING: HEIN, RICHARD
DOCKET II 91-50 - SHOW CAUSE HEARING: MCDONALD, JAMES
DOCKET II 92-35 - CHANGE OF ZONE HEARING: COTTONWOOD WATER SKI CLUB, LTD.
DOCKET II 92-36 & 92-37 - TWO SPECIAL REVIEW PERMITS: COTTONWOOD WATER SKI CLUB, LTD.
PLEASE write or print your name legibly, your address and the DOCKET # (as listed
above) or the name of the applicant of the hearing you are attending.
NAME ADDRESS HEARING ATTENDING
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W I lD To Board of County
Date July 22, 1992
COLORADO From. Lee D. Morrison, Asst. County Attorney
: McDonald Probable Cause
Subject
I am making the following proposal in order to address the evidence
presented at the last hearing and still have a proposal which may
be substantially different than the last amendment proposed by Mr.
McDonald. The Board would make appropriate findings as to whether
violations in the Special Use Permit had occurred but would defer
any decision on the remedy that would be used and allow McDonald
opportunity to present applications first for a substantial change,
and if approved, for a further amendment to the Special Use Permit.
The amended permit should address safety and screening issues and
it is proposed that they do so in the following manner:
1 . The applicant would complete screening as commenced on
the property with the siding materials and replace the
corrugated metal fencing on a portion of the property
with the same siding materials and include this proposal
in the proposed amendment.
2 . The applicant would delete all activities of a commercial
nature using aircraft including bungee jumping,
ballooning, ultralights, crop dusting, parachuting and
other similar activities for hire. The only aircraft use
that would continue to be allowed on the property would
be private use by McDonald or their neighbors in order
that they may fly their own aircraft to and from the
airport.
3 . The applicant could apply to continue to collect
collectible vehicles (even if inoperative) in addition to
collectible and antique aircraft but the vehicles and
aircraft would have to stored within the screened area or
within structures .
4 . The applicant would have to continue to obtain building
permits as necessary under the codes .
5 . If the Board finds that the latest proposal is a
substantial change, the Board would waive fees for the
proposed amendment.
Lee D. Morrison
Assistant County Attorney
93010E
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