HomeMy WebLinkAbout20230052.tiffHEARING CERTIFICATION
DOCKET NO. 2022-63.C
RE: SHOW CAUSE HEARING, PCSC22-0010, TO SHOW WHETHER GOOD CAUSE EXISTS
FOR REVOCATION OF USE BY SPECIAL REVIEW PERMIT, USR-413, FOR AIRCRAFT
STORAGE AND SALVAGE IN THE A (AGRICULTURAL) ZONE DISTRICT —
PAUL PAGE
A public hearing was conducted on March 1, 2023, at 9:00 a.m., with the following present:
Commissioner Mike Freeman, Chair
Commissioner Perry L. Buck, Pro-Tem
Commissioner Scott K. James
Commissioner Kevin D. Ross
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
Assistant County Attorney, Karin McDougal
Planning Services Department representative, Diana Aungst
The following business was transacted:
II I hereby certify that pursuant to a notice dated February 8, 2023, and duly published
February 10, 2023, in the Greeley Tribune, a public Show Cause hearing, PCSC22-0010, was
scheduled for February 22, 2023, and rescheduled due to inclement weather and closure of
County Offices. On March 1, 2023, a hearing was conducted to determine whether good cause
exists for the revocation of Use by Special Review Permit, USR-413, for Aircraft Storage and
Salvage in the A (Agricultural) Zone District, held by Paul Page. Karin McDougal, Assistant
County Attorney, made this a matter of record.
le Diana Aungst, Department of Planning Services, outlined the history of the case and
mentioned she was not able to do a recent site visit due to scheduling conflicts. She stated it
appears several businesses are still utilizing the site, which is not in compliance with the USR,
but noted, the parking of commercial vehicles, associated with a specific business, has ceased
and two (2) portable fuel tanks are no longer on the site. She described there is still outdoor
storage of telephone poles and recycled concrete/asphalt, as well as construction trailers and
cargo containers on the site. She added it also appears there is a building being used for the
storage of trucks and she displayed images from her site visit, conducted in February 2023.
JEJ Kate Keiser, Attorney with PackardDierking, represented Mr. Page and explained several
uses are no longer at the site, and stated all current tenants have leases, which will automatically
terminate on the lease expiration date. She described the property as muddy, due to the amount
of snow we have had recently, and asserted the consequences of using the heavy equipment
needed to get the remaining items offsite could have lasting impacts to the agricultural character
of the property. In response to Chair Freeman, she indicated the longest lease termination date
is 120 days from when formal notice was given, which was approximately two (2) weeks ago, and
cc : PL (TP/►{W /DA)
03 /20/23
2023-0052
PL0048
HEARING CERTIFICATION - PAUL PAGE (PCSC22-0010)
PAGE 2
elaborated that tenant will have to try to find storage elsewhere in order to move his business
equipment. Commissioner Saine questioned why notice was just given two weeks ago and
Ms. Keiser replied that the property is currently for sale, with several potentially interested parties,
but in the meantime, Mr. Page relies on the income from the tenants. She argued that the original
permit "explicitly" allows storage and implied that is what is happening on the property. She
explained, Mr. Page, prior to deciding to sell the property, was intending to use the recycled
materials, which are processed onsite, as a road base on the property.
ta In response to Commissioner Saine, Ms. Keiser requested a five (5) month extension to
ensure there was enough of a weather window to get the remaining tenants off of the site.
Responding to Commissioner Ross, Ms. Aungst relayed the last hearing was October 24, 2023.
Commissioner Ross stated he is happy progress is being made on the site, but the Board does
not have an obligation to honor the existing leases and indicated he thinks a five (5) month
continuance is extensive. Ms. Keiser relayed the concrete and asphalt are Mr. Page's, noted there
is a buyer for the gravel, the concrete sale is pending, and reiterated the logistical issue of getting
the materials offsite. Commissioner Saine expressed concern over the lack of a plan for the
property and Ms. Keiser explained a previous buyer had backed out of the sale. In response to
Commissioner James, Ms. Aungst confirmed the first Probable Cause hearing was in July of
2022.
El Ms. Keiser read the language from USR-413, asserted they are in compliance with the permit,
and relayed the initial complaint stemmed from dust, which Mr. Page mitigated immediately.
Ms. Aungst read the request language from the original USR application and the USR map, which
is specific to aircraft, heavy equipment and mobile home storage.
le Commissioner Buck suggested a three (3) month continuance, and Paul Page, permittee,
indicated that is not enough time to clean up the property and mentioned there are several offers
on the property. Chair Freeman informed Mr. Page, even if sold, the property is still not in
compliance and Ms. Keiser confirmed they understand the existing uses on the property would
not be grandfathered in and Mr. Page is responsible for bringing the site into compliance. The
Board agreed to a three (3) month continuance to see what progress has been made by that
point.
le Commissioner James moved to continue the matter to June 7, at 9:00 a.m., to allow Mr. Page
additional time to come into compliance with the permit. The motion was seconded by
Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing
was completed at 10:22 a.m.
2023-0052
PL0048
HEARING CERTIFICATION - PAUL PAGE (PCSC22-0010)
PAGE 3
This Certification was approved on the 15th day of March, 2023.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: d;;/M) jelui4
Weld County Clerk to the Board
eputy Clerk to the
Mikman, Chair
Perry L.,Buc, Pro-Tem
Scott
Kevin D. Ross
Lori Saine
2023-0052
PL0048
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