HomeMy WebLinkAbout991058.tiff HEARING CERTIFICATION
DOCKET NO. 99-25
RE: ACTION OF THE BOARD CONCERNING SITE SPECIFIC DEVELOPMENT PLAN AND
SPECIAL REVIEW PERMIT#1211 FOR AN INDUSTRIAL USE (RECYCLING FACILITY)
IN THE A (AGRICULTURAL) ZONE DISTRICT - MARY ROBERTS AND JEREMIAH
WICKHAM
A public hearing was conducted on May 12, 1999, at 10:00 a.m., with the following present:
Commissioner Dale K. Hall, Chair
Commissioner Barbara J. Kirkmeyer, Pro-Tem
Commissioner George E. Baxter
Commissioner M. J. Geile
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Ben Patton
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated April 28, 1999, and duly published May 1, 1999, in
the Fort Lupton Press, a public hearing was conducted to consider the request of Mary Roberts and
Jeremiah Wickham for an Industrial Use(recycling facility)in the A(Agricultural)Zone District. Lee
Morrison, Assistant County Attorney, made this a matter of record. Ben Patton, Department of
Planning Services, presented a brief summary of the proposal and entered the favorable
recommendation of the Planning Commission into the record as written. Mr. Patton gave a brief
description of the surrounding uses, as well as the location of the site which is 18 acres in size.
He stated the site is located in the flood zone; however, the proposed structures will be located
outside the flood zone, and added the property is currently in violation and the intent of this
application is to clear the violation. Mr. Patton stated the applicant is proposing two structures for
the business which will employ one to five people. He further stated the access enters the property
from State Highway 85 and is difficult for trucks to maneuver; therefore, Conditions of Approval
#4.A.5 and#4.D have been added to address this concern, and added the access easement was
recorded in 1968 and recently surveyed in 1997. Mr. Patton stated the applicant will provide
landscaping and Condition of Approval #5 requires the applicant to remove the existing materials
prior to release of building permits. Mr. Patton stated he has received several letters and calls of
opposition and submitted a proposed Condition of Approval#8, marked Exhibit E, regarding access
to the site. He stated the application complies with the Zoning Ordinance, Comprehensive Plan,
and Agricultural Zone District, as well as being serviced by domestic wells and septic systems. In
response to questions from Chair Hall, Mr. Patton explained Condition of Approval #2 addresses
the applicant's willingness to remove the existing materials and store future materials inside the
proposed structures. He further stated the landscaping will consist of a six-foot fence surrounding
the property and the various plants will be indicated in the Landscaping Plan prior to recording the
plat. Responding to Commissioner Kirkmeyer, Mr. Patton stated the applicant is volunteering to
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HEARING CERTIFICATION - MARY ROBERTS AND JEREMIAH WICKHAM (USR #1211)
PAGE 2
store materials inside the structures; however, this is not required, and any items stored outside
will be blocked from view by the fence. In response to Commissioner Vaad, Mr. Patton stated
Condition of Approval #4.D will allow for a safer access into the site. He further stated he is
requesting Condition of Approval#8 be added to address any concerns CDOT may have regarding
the volume and type of traffic using the access. Commissioner Kirkmeyer commented rather than
adding this requirement as Condition #8, it should be added as Condition #4.F prior to recording
the plat in the event acceleration or deceleration lanes are required. Mr. Patton clarified Condition
#4.A.5 addresses the maintenance of the easement, not the access. In response to Commissioner
Kirkmeyer, Mr. Jiricek stated Development Standard#5 needs to be corrected because there is not
a Weld County Landfill.
Jeremiah Wickham, applicant, stated the Weld County staff has been very helpful and stated he
has volunteered to remove the existing materials. He explained Reclaimed Resources recycles
materials into usable products and he has been in this type of business for 13 years. In response
to Chair Hall, Mr. Wickham stated one of the products created is bricks with which he intends to
build the screening fence, and he explained the fence will be located 10 feet from the property
boundary and bordered with evergreens for a nicer appearance.
Janice Harshman, surrounding property owner, asked who is responsible for removing the
materials if the application is not approved, and if it is approved, when does the six-month
requirement begin for clearing the site. Ms. Harshman stated since Mr. Wickham purchased the
property,six large containers have been added which are now eroding and the contents are leaking
onto her property. She also expressed concern with the access. Commissioner Kirkmeyer stated
if the application is denied, the applicant still has to address the violation on the property, and if it
is approved, the applicant has six months from the date of approval to clear the property. Ms.
Harshman stated her husband and Mr. Smith hold the mortgage to the property and the applicant
is behind on payments totaling $13,000 and they may be forced to foreclose on the property.
Chuck Winchester, surrounding property owner, stated Bryant Gillman owns the easement which
is located on his property. Mr. Winchester stated this is a high traffic area and there is no turn lane
into the access and he feels the site should be cleared prior to approval of the Special Review
Permit. He stated the proposed structures may not be located in the flood zone; however, most
of the material is stored there, and added 320 feet of the access has eroded down the hill and Mr.
Wickham has been driving onto his property to access the site. In response to Chair Hall, Mr.
Winchester stated planning staff has indicated there is an agreement for Mr. Wickham to use the
easement; however, Mr. Wickham has not been able to produce the document, and if such an
agreement does not exist, he is not willing to enter into an agreement with Mr. Wickham for the use
of his property.
At the request of Commissioner Geile, Ms. Harshman returned to state the Warranty Deed lists
Albert Smith and her husband, Thomas Harshman, as the grantors, and she is not sure who is
involved with Sanctuary Uno, LLC, grantee. She further stated they have not received any
payments since September of 1998, and they may have to foreclose on the property.
Mr. Wickham stated he worked with Frank Whitehouse, realtor, who indicated an Oil and Gas
service station was also interested in purchasing the property. He directed Mr. Whitehouse to
communicate his intension for use of the property and clarified he has not added any materials to
the property as stated by Ms. Harshman. Mr.Wickham stated the property Mr.Winchester referred
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HEARING CERTIFICATION - MARY ROBERTS AND JEREMIAH WICKHAM (USR #1211)
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to is owned by someone else, therefore he has no legal authority to state whether an easement
agreement would be allowed or not. Mr. Wickham stated if the application is approved, he will
remove all of the existing material prior to beginning business, and clarified he is behind on his
payments; however, he did submit a few payments to Mr. Whitehouse who should have then
forwarded them to the grantors. He further stated the easement was recently surveyed and it has
not eroded.
In response to Commissioner Baxter, Mr. Patton referred to a 1968 meets and bounds description
of the easement which is 20 feet wide, not 20 feet from the boundary and it appears to be
adequate. In response to Commissioner Geile, Mr. Wickham stated he is well aware of the
violation requirements and he will remove the material if the Special Review permit is approved;
however, if an easement agreement cannot be met, he will have to transport the material in front
of the surrounding houses using smaller trailers, and if the application is denied, he does not intend
to remove the materials. Responding to Mr. Morrison, Mr. Wickham stated he is the only officer
of Sanctuary Uno, LLC, which owns the property, and Reclaimed Resources Colorado, Inc., runs
the recycling business. He explained Mary Roberts owns Sanctuary Uno and he is the general
officer. Mr. Morrison expressed concern that some of the people involved may not have been
included in the permit process because the application misrepresents who the actual owner is. He
stated it is not clear who will be responsible for removing the materials if the application is not
approved, and the Secretary of State information has not been disclosed. Mr. Wickham stated at
the time Sanctuary Uno purchased the property, he was the sole owner; however, due to a loan
from Ms. Roberts, she was designated as the sole owner, and Reclaimed Resources pays rent to
use the property. Commissioner Kirkmeyer expressed concern with Mr. Wickham speaking on
behalf of the owner, with no proof that he has the authority to do so. Chair Hall requested Mr.
Wickham present the documentation that he is authorized to speak for the owner of the property.
Commissioner Kirkmeyer commented if the application is approved and the Conditions of Approval
and Development Standards are not met, the permit can be revoked; however, the site will still be
in violation which will be handled in the County Attorney's Office. In response to Mr. Morrison, Mr.
Wickham explained Israel Salazar has no legal interest in the property or the business, and was
only an employee. Sharyn Frazer, Department of Planning Services, clarified she had some
concern that Mr. Salazar was a property owner or business partner because his name was listed
on a flyer advertising the site. In response to Commissioner Kirkmeyer, Mr. Wickham stated he
has the authority to speak on behalf of the property owner and the business and stated Ms.
Roberts did not want to attend this hearing after her first experience with the Planning Commission.
Responding to Chair Hall, Mr. Wickham stated he will supply the documentation clarifying his
interest in the property and stated if the previous property owners are not willing to renegotiate the
sale and payment schedule, he will cease cleaning the property and it will be abandoned. Mr.
Morrison clarified the property owner will still be responsible for clearing the violation and the
property.
Commissioner Kirkmeyer moved to continue the request of Mary Roberts and Jeremiah Wickham
for a Site Specific Development Plan and Special Review Permit #1211 for an Industrial Use
(recycling facility) in the A (Agricultural) Zone District, to May 17, 1999, at 10:00 a.m., to allow the
applicant adequate time to submit appropriate documentation of the legal ownership of the
property. The motion was seconded by Commissioner Baxter, and it carried unanimously.
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PL1301
HEARING CERTIFICATION - MARY ROBERTS AND JEREMIAH WICKHAM (USR #1211)
PAGE 4
This Certification was approved on the 17th day of May, 1999.
APPROVED:
ATTEST: 4.40il �
. 1� BOARD OF COUNTY COMMISSIONERS
/�.�ti� 7l,
c i ELD COUNTY, CO .RA.O
Weld County Clerk to the SD (1 _ - - - -
ti, - ID- K. Hal , Chair .
BY: C ,oc!
Le /,I2e c r' - J
Deputy Clerk to the �•�� Ct y � �� t Q - , I "�
((i}flhs 9 aarbara J. Kirkmeyer ro-Tem
TAPE #99-17 C
Geor E. xter
DOCKET #99-25
M. J. eile
Glenn Vaad
•
991058
PL1301
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MAY, 1999:
DOCKET #99-25 - MARY ROBERTS AND JEREMIAH WICKHAM
DOCKET #99-26 - CHARLES AND GAIL SCHNUERLE
PLEASE legibly write or print your name and complete address and the DOCKET
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