HomeMy WebLinkAbout991098.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 17, 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
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 on May 12, 1999, to consider the request
of Mary Roberts and Jeremiah Wickham for an Industrial Use (recycling facility) in the
A (Agricultural) Zone District at which time to Board deemed it advisable to continue the matter to
May 17, 1999, to allow the applicant adequate time to submit documentation of ownership. At said
hearing on May 17, 1999, Lee Morrison, Assistant County Attorney, made this a matter of record
and stated the applicant has supplied the Articles of Incorporation, marked Exhibit H; however,they
do not adequately address the Board's question of who owns the property and whether Mr.
Wickham has authority to speak on behalf of this application. He stated public input was completed
in the previous hearing and the hearing should proceed with questions and discussion from the
Board.
Jeremiah Wickham, applicant, stated the requested documentation is in Alamosa and his attorney
faxed it this morning. In response to Commissioner Kirkmeyer, Mr. Morrison stated Mary Roberts
has interest in the land due to her funding; however, she does not appear to be an officer of
Sanctuary Uno, LLC. Mr. Wickham explained Ms. Roberts is the sole owner of the LLC; however,
he is the General Manager which entitles him to act on behalf of the owner, and added Ms. Roberts
is not a part of Reclaimed Resources. In response to Commissioner Geile, Mr. Morrison stated the
Articles of Incorporation designate Mr. Wickham as an officer of Reclaimed Resources.
Responding to Commissioner Baxter, Mr. Wickham stated the loan from Ms. Roberts transferred
sole ownership to her name. Commissioner Geile expressed concern with proceeding with the
hearing due to an existing violation, possible foreclosure, etc. Mr. Wickham stated he has
purchased a new truck which is designed to maneuver the access to the site and he has equipment
ready to remove the existing material pending the decision of this hearing. Commissioner Geile
commented it may be better to clean-up the property and finances prior to approval of the
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HEARING CERTIFICATION - MARY ROBERTS AND JEREMIAH WICKHAM (USR #1211)
PAGE 2
application. Mr. Wickham suggested the clean-up remain as part of the Conditions of Approval
rather than a complete denial due to the amount of money he has invested, Commissioner
Kirkmeyer stated Condition of Approval #2 should be moved to #4.F so it is completed prior to
recording the plat. Mr. Morrison suggested the term "clean-up" be clarified for staff, whether it
means complete removal or packaging and bundling for future use. Commissioner Kirkmeyer
stated there is no clarification needed because Condition #2 states, "...all existing material on the
site shall be removed from the site within six months..." Responding to Mr. Patton, Commissioner
Kirkmeyer stated the applicant can have the plat submitted within the designated 30 days; however,
it cannot be recorded until all the requirements are met. Mr. Patton clarified following the previous
hearing his proposed Condition of Approval was added as Condition#4.F, therefore, the Condition
of Approval proposed by Commissioner Kirkmeyer would need to be #4.G. He also stated
Development Standard#5 has been corrected since the last hearing to state, "Materials stored on
site shall be for the sole benefit of the Recycling Business. At no time will materials in transit for
disposal be allowed on site." In response to Commissioner Geile, Mr. Wickham stated he worked
with Mr. Whitehouse, realtor representing the sellers, concerning the sale of the property and he
also disclosed his intended use of the property to Mr. Harshman. He stated the negotiations lasted
for approximately seven months and he assumed Mr. Whitehouse was informing his clients of their
communications. Mr. Wickham further stated he submitted payments for the survey and several
mortgage payments to Mr. Whitehouse so he is not sure why they did not reach the grantors. Mr.
Morrison stated although the intended use should be fully disclosed,there is no agreement limiting
the use of the property, and added the fax received from Mr. Wickham's attorney shows Ms.
Roberts as a member of the LLC and Mr. Wickham as the manager; however, the document is not
signed and a page from the Articles of Incorporation did not get transmitted. In response to
Commissioner Geile, Mr. Morrison stated if approved, the use will transfer with the property unless
the Board sets limitations to allow the use to transfer to the current interested parties or prevents
the transfer altogether. Commissioner Geile commented the Board has the option to deny and
allow the County Attorney to proceed with cleaning up the violation; approve the application with
Condition of Approval #2.G regarding clearing of the existing materials; or continue the matter
further to allow the applicant to provide better documentation of the ownership and interests in the
property, and Mr. Morrison explained the possible effects of each of the options. In response to
Commissioner Vaad, Mr. Wickham stated he did not attend the Planning Commission hearing;
however, Ms. Roberts was there. Commissioner Vaad read a portion of the Planning Commission
minutes and stated he does not find it likely that a gas station could have utilized this property due
to the poor access situation and he feels it would be better for the applicant to clean up the property
and finances and allow the verified owner to re-apply at a later time.
Commissioner Vaad moved to deny the request of Mary Roberts and Jeremiah Wickham for a Site
Specific Development Plan and Special Review Permit #1211 for a an Industrial Use (recycling
facility) in the A (Agricultural) Zone District. The motion was seconded by Commissioner Geile.
In response to Commissioner Kirkmeyer, Commissioner Vaad clarified the basis for his motion
stating it is not clear who is responsible for clearing the property and there is no guarantee that it
will be done. Commissioner Geile added he seconded the motion based on the finding that the
testimony is unclear as to who the owner is, there was not a clear disclosure at the time of sale,
and there is a possibility for foreclosure. Commissioner Vaad further stated his motion was also
based on the finding that the proposal does not provide for the health, safety and welfare of the
citizens of Weld County as stated in Condition of Approval #2.F. Commissioner Kirkmeyer
commented that there is no clear documentation of legal ownership; therefore there is no one to
address agreement with the Conditions of Approval and Development Standards and the
991098
PL1301
HEARING CERTIFICATION - MARY ROBERTS AND JEREMIAH WICKHAM (USR #1211)
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application is not consistent with Section 24.5.1 of the Design Standards; or Sections 24.4.2.3,
24.4.2.4, and 24.4.2.7. In response to Commissioner Baxter, Commissioner Vaad stated his
motion for denial was based more on concerns expressed by the surrounding property owners, as
well as the proposed use rather the issue of ownership. Commissioner Geile commented he does
not feel it is appropriate for the Board to resolve the financial and ownership problems with this
property. There being no further discussion, the motion carried unanimously.
This Certification was approved on the 19th day of May, 1999.
APPROVED:
ATTEST: .��, t.;��� BOARD OF COUNTY COMMISSIONERS
COUNTY, CO DO
Weld County Clerk to th i.4. �O,
a K. Hall, Chair
BY: i /
Deputy Clerk to the 1 4i,n ,,
u RI Barbar J. Kirkmeyer, ro-Tem
TAPE #99-18 ��►�� 7r
Georg xter
DOCKET#99-25
. J. eile
Glenn Vaad
991098
PL1301
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF MAY, 1999:
DOCKET#99-25 - MARY ROBERTS/JEREMIAH WICKHAM
PLEASE legibly write or print your name and complete address and the DOCKET
# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1211 - Mary Roberts and Jeremiah Wickham
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes)
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D. Clerk to the Board Notice of Hearing
E. Planning Staff Recommended Condition of Approval #8
F. Planning Staff Amended Conditions of Approval and
Development Standards
G. Thomas and Janice Harshman Letter of opposition (05/13/99)
H. Planning Staff Articles of Incorporation of Reclaimed
Resources - Colorado, Inc.
Planning Staff Sanctuary Uno, LLC, Operating Agreement
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