HomeMy WebLinkAbout920195.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING TO CONSIDER REVOCATION OF
SPECIAL REVIEW PERMIT #908 - LAKU LANDING, C/0 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 Si of Section 20, and part
of the Ni 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, and then again to March 4, 1992, and
WHEREAS, at said hearing of March 4, 1992, Ken Lind, attorney representing
said permit holders, Philip Yastrow, Randy Hocking, and representatives from the
Federal Emergency Management Agency were present, and
WHEREAS, after extensive discussion and testimony, the Board deemed it
advisable to continue said matter to March 25, 1992, at 10:00 a.m. , to allow time
for staff to review the amended flood permit application.
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 March 25, 1992, at 10:00
a.m.
920195
PLao Gc, : 1'L , G'I, getf He h o , rl� K
RE: SHOW CAUSE HEARING - LAKU LANDING
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 4th day of March, A.D. , 1992.
ATTEST BOARD OF COUNTY COMMISSIONERS
Miel? WELD COUNTY, COLORADO
Weld County Clerk to the Board 9. NAY
George Ken dy, Chairman 7
f' �� ��
BY: , �j l( t' . „� { u _i ��P�✓� )
Deputy Clerk to the Boar, Constance L. Harbert, Pro-Tem
APPROVED AS FORM: EXCUSED
C. W. Kir
/Gz�jJ f (AYE)
ounty Attorney Gord . Lac
AYE
W. H. Webster
920195
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 4, 1992, at 10:00 A.M. , with the
following present:
Commissioner George Kennedy, Chairman
Commissioner Constance L. Harbert, Pro-Tem
Commissioner C. W. Kirby - Excused
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 #908 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, and again to March
4, 1992, at 10:00 a.m. At said hearing of March 4, 1992, Commissioner
Lacy stated he had reviewed the record of the previous hearings, which
allows his participation today. Lee Morrison, Assistant County Attorney,
made this a matter of record. Lanell Swanson, Planning Department
representative, said representatives from the regional Federal Emergency
Management Agency (FEMA) Office are present to answer any questions. Ms.
Swanson said staff is requesting the Board to decide which map is to be
used to review the amendment to the application for the flood permit. She
also stated there is a video from one of the surrounding property owners
available for review. Virginia Motoyama, representative from FEMA,
clarified the roles of FEMA, the County, and the developer concerning
flood hazard issues. Ms. Motoyama said July 7, 1991, is when Tom Francis,
surrounding property owner, brought this matter to her attention. She
also said County regulations address the fact that the best available
information is to be used, with the standards being set at the Federal
level and administered at the County level. Ms. Motoyama referred to
Development Standard #5 concerning the Flood Hazard Overlay District
requirements and answered questions of the Board and Mr. Morrison. She
stated the developer's flood permit should have been issued before
allowing development to commence. In response to a question from Mr.
Morrison, Ms. Motoyama said even though the flood permit application has
been filed with the County, the April 5, 1992 date concerning probation of
the County will hold and stated the reasons. She said the flood permit
will insure the stockpiles in the floodway are accounted for, and the
issue will be brought to FEMA if a map revision is needed. In response to
a question from Commissioner Lacy, Ms. Swanson said the amended flood
permit application was filed with the Planning Department on Monday, March
2, 1992, and Mr. Morrison reiterated that staff needs direction of what
map to use to review said application. Ms. Motoyama and Dr. John Lou,
FEMA representative, answered questions of the Board concerning the
difference between the 1980 and the 1991 maps. In response to a question
from Ken Lind, attorney representing the permit holders, Ms. Motoyama
explained the process of the draft study, which is then transformed into
preliminary form. After further discussion, Commissioner Lacy moved to
allow the Planning staff until March 25, 1992, at 10:00 a.m. to review the
amended flood permit application according to the criteria of the 1980
map. Commissioner Webster seconded the motion. Mr. Lind stated the
application is certified and Phil Yastrow, permit holder, said he used the
1980 map to prepare it. Mr. Morrison noted the "no net rise" criteria
920195
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RE: HEARING CERTIFICATION - LAKU LANDING
PAGE 2
should be reviewed. On a roll call vote, the motion carried unanimously.
In response to a question from Mr. Morrison, Ms. Motoyama explained the
probation process will be initiated April 5, 1992, with probation to begin
within 120 days. In response to a question from Commissioner Lacy, Mr.
Yastrow said the bid with the State Highway Department is to be final this
week, and approximately half of the stockpile will be removed, with the
other half to be used for the shoreline construction of the second lake.
Commissioner Webster questioned the increase in elevation. Mr. Yastrow
said there will be zero increase, and Dr. Lou said this will be checked
very carefully. Commissioner Lacy said he has concerns with the second
lake. Chuck Cunliffe, Director of Planning Services, said the amended
flood permit application includes activities only through January 1, 1992.
Mr. Yastrow is to submit a new application for the second lake, which is
to be approved before construction. Mr. Lind affirmed that Phase I is the
existing status, and there will be a new flood permit for Phase II
according to the 1991 map. In response to a question from Mr. Cunliffe,
Mr. Lind agreed to getting a building permit if needed. Commissioner
Harbert questioned whether all of the stockpile needs to be removed.
Commissioner Lacy, in response, said he feels comfortable with the action
being started and believes that is what FEMA wanted. Commissioner Kennedy
stated there is still the possibility that nothing would be moved. In
response to a question from Commissioner Harbert, Mr. Yastrow said the
one-half inch gravel pile is on the northwest part of the property. Mr.
Lind stated the stockpiles are not in violation with FEMA or the Special
Review Permit. Ms. Swanson stated the Special Review Permit application
stated there would be no stockpiles on the property, and the applicant is
limited to the application. Mr. Lind said the Special Review Permit and
map provide for stockpiles, and so does the reclamation bond previously
accepted by the Board. Mr. Cunliffe said the Zoning Ordinance does not
allow stockpiles in the floodway. In response to a question from
Commissioner Lacy, Mr. Morrison explained the Board's options at this
point. Commissioner Webster 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 March 25,
1992, at 10:00 a.m. Commissioner Lacy seconded the motion, and Chairman
Kennedy said he would vote against the motion. The motion carried three
to one on a roll call vote.
This Certification was approved on the 9th day of March, 1992.
APPROVED:
ATTEST BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk to ,he Board
By: `,L G/J, 1' /1 c/ c' George Kenned , ry Chairman
Deputy Clerk to the Boasd c /-
Constance L. Har ert, ro-Tem
TAPE #92-10
EXCUSED
C. W. Kir
DOCKET #91-61
Gor . acy
PL0689 p
W. H. Webster
920195
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF MARCH 1992:
DOCKET II 91-61 - SHOW CAUSE HEARING, LAKU LANDING C/0 YASTROW & HOCKING
DOCKET 0
DOCKET 0
DOCKET 0
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 2 ADDRESS HEARING ATTENDING
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