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Home My WebLink About20230051.tiffRESOLUTION RE: ACTION OF THE BOARD AT SHOW CAUSE HEARING, PCSC22-0010, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-413, FOR AIRCRAFT STORAGE AND SALVAGE IN THE A (AGRICULTURAL) ZONE DISTRICT - PAUL PAGE 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 February 22, 2023, a Show Cause Hearing was scheduled to consider revocation of Use by Special Review Permit, USR-413, for Aircraft Storage and Salvage in the A (Agricultural) Zone District, issued to Paul Page, P.O. Box 450, Erie, Colorado 80516; however, due to inclement weather conditions on February 22, 2023, the case was rescheduled to the following Wednesday, March 1, 2023, per the updated and published Agenda, and WHEREAS, Paul Page is the current owner of the facility located on property being further described as follows: Being part of the N1/2 of Section 18 and part of the SW1/4 SE1/4 of Section 7, Township 1 North, Range 68 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on March 1, 2023, the Board of County Commissioners heard all of the testimony and statements of those present, studied the request of the permit holder, and the recommendation of Planning staff, and having been fully informed, deemed it advisable to continue said hearing until June 7, 2023, at 9:00 a.m., to allow Mr. Page additional time to bring the site into compliance. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause hearing, PCSC22-0010, concerning Use by Special Review Permit, USR-413, issued to Paul Page, be, and hereby is, continued until June 7, 2023, at 9:00 a.m. CC'.PL (TP/NN/DR), CA (KM), APPL. 03/20 /23 2023-0051 PL0048 SHOW CAUSE HEARING, PCSC22-0010 (USR-413) — PAUL PAGE PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 1st day of March, A.D., 2023. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: W424A) i'ic jefd,4 •K Weld County Clerk to the Board BY: eputy Clerk to the Boar APP: % ' ED A ounty A orney Date of signature: o3/16 /2.3 Mi - reeman, Chair Lori Sai 2023-0051 PL0048 CASE NUMBER: MEMORANDUM Show Cause To: Board of County Commissioners From: Diana Aungst, Planner II PCSC22-0010 - Probable Cause Hearing to determine if applicant is in compliance with USR-413 - aircraft, heavy equipment and mobile home salvage and storage yard) and floodplain violation (Paul Page) Subject: Date: February 22, 2023 PCSC22-0010 PROPERTY OWNER: Paul E. Page BUSINESS: SITUS: LEGAL DESCRIPTION: TOTAL ACREAGE: +/- 43.4 acres LOCATION: SUMMARY: Kinzie Industries 3942 CR 1 1/2, Erie, CO 80516 Being part of the N2 of Section 18 and part of the SW4SE4 of Section 7, all in Township 1 North, Range 68 West of the 6th P.M., County of Weld, CO East of and adjacent to CR 1 1/2 and north of and adjacent to Cheesman Street Two Probable Cause hearings have been held one on July 25, 2022 and one on October 24, 2022. The Board of County Commissioners set the Show Cause hearing in order to determine if the applicant is in compliance with USR-413 including the following Development Standards: USR-413 Development Standards #12 and 13 state: 12. The Special Use Permit shall be limited to the plans shown hereon and governed by the Development Standards stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Development Standards as shown or stated above shall require the approval of an amendment to the Special Use Permit by the Planning Commission and the Board of County Commissioners before such changes from the plans and/or Development Standards shall be permitted. Any other changes from the plans and/or Development Standards shall be filed in the office of the Department of Planning Services. 13. The property owner and/or operator of this operation shall be responsible for complying with all of the above stated Development Standards. Noncompliance with any of the above stated Development Standards may be reason for revocation of the Special Use Permit by the Board of County Commissioners. There are still a variety of businesses using the site including Cocorado (a custom soil company) and Advanced Line Systems (a boring service). The site is not in compliance with the USR but the parking of commercial vehicles associated with Outdoor Craftsman appears to have ceased and the two portable fuel tanks are no longer on site. The outdoor storage of telephone poles, recycled concrete, recycled asphalt, construction trailers, and other misc. items are still onsite and the cargo containers that are utilized as commercial storage are also on the site. There is also storage of trucks inside the 17,000 square foot building for Advanced Line Systems. PCSC22-001 0 — Page Page 1 of 4 Timeline: July 2, 1980 April 21, 2022 May 2, 2022 June 1, 2022 June 13, 2022 June 15, 2022 Use by Special Review (USR-413) was approved by the Board of County Commissioners for aircraft, heavy equipment and mobile home salvage and storage yard. Complaint was forwarded to the County from the Town of Erie. The complaint stated that there appeared to be construction work of some kind as well as a large amount of fill/concrete being brought onto the property. The complaint also stated that there was a large amount of truck traffic causing severe dust issues. Site visit by the Department of Public Health and Environment Ms. Danielle Serna. Ms. Serna observed that the property owner/operator is conducting sand/gravel (stockpiling) and mining (small crusher, heavy equipment crushing) and hauling operations without dust controls. This includes concrete (currently crushing), 3" minus rock, asphalt millings, and tree/wood debris (to be mulched in the future). Throughout May the property owner worked with the Health Department and the State to get an APEN. The Probable Cause Show Cause letter was sent to the property owner with a description of the complaint. Site visit by Planning Staff verified that there were stockpiles of recycled concrete and asphalt millings, as well as wood and mulch. There is also storage of landscaping supplies, telephone poles on pallets, and other miscellaneous items. There are about ten (10) cargo containers that are leased as storage units, two (2) construction trailers, commercial vehicles (fleet vehicles) parked on the site for Outdoor Craftsmen, and two (2) portable 500 gallon fuel cubes: one for diesel and one for unleaded gasoline. There is also storage of trucks inside the 17,000 square foot building for Advanced Line Systems (a boring service). Email sent to the property owner stating the dates of the Probable Cause and Show Cause hearings and stating that the property owner does not need to be present, but a representative could attend the hearing. June 22, 2022 Email received from Mr. Zane Pic, Attorney at Law. Staff called and talked with Mr. Pic and set up a meeting for June 28, 2022. June 28, 2022 Planning Staff had a meeting with Mr. Zane Pic, attorney for the property owner, and discussed the uses on the site and the original use approved in 1980. Staff also discussed a possible floodplain violation on the site. Staff stated that a Change of Zone to commercial or industrial and a Site Plan Review would be required for the current uses on the site. Staff also stated that due to the adjacency of the Town of Erie to the site that the Comprehensive Plan strongly recommends that the property annex into the municipality. July 6, 2022 The Probable Cause notification letter was sent to the property owner to meet the notification requirements of Chapter 2, Article IV, Section 2-4-40.E.1. July 25, 2022 October 24, 2022 January 30, 2023 Probable Cause hearing was held and continued to October 24, 2022. The applicant indicated that the property was under contract to be purchased by the school district and then it would be annexed into Erie. Probable Cause hearing was held and a Show Cause hearing was set for February 22, 2023. The applicant indicated that the businesses operating from this site were in the process of moving off the site and the items stored on the site like recycled asphalt, recycled concrete, and telephone poles were being removed from the site. Site visit to take pictures. The parking of commercial vehicles associated with Outdoor Craftsman appears to have ceased and the two portable fuel tanks are no longer on site. The outdoor storage of telephone poles, recycled concrete, recycled PCSC22-001 0 — Page Page 2 of 4 asphalt, construction trailers, and other miscellaneous items are still on site and the cargo containers that are utilized as commercial storage are also on the site. February 14, 2023 The Town of Erie contacted County staff to ask about the status of the violation as the Town is interested in purchasing the property. Background: July 2, 1980 Approval of USR-413 by the Board of County Commissioners. The uses permitted on the heron described parcel shall be an aircraft, heavy equipment and mobile home salvage and storage yard and structures as shown hereon and all uses permitted by right in the Agricultural Zone District as listed in the Weld County Zoning Resolution. July 9, 1980 The USR-413 map was recorded under reception #1829651. SHOW CAUSE CODE SECTION/CONSIDERATIONS: Section 2-4-50.O. of the Weld County Code: Where the Board is considering the revocation or suspension of a permit or license, including but not limited to uses by special review and permits issued under Chapter 21, but specifically excluding liquor licenses, the Board shall consider evidence and statements in mitigation and in aggravation of the violation prior to determining the appropriate penalty. Such evidence and statements may relate to and include, but not be limited to, the following: 1. The compliance history of the party against whom the complaint was made with respect to the permit at issue or other County -issued permits. 2. Good faith efforts on behalf of the person against whom the complaint is made to comply. 3. Duration of the violation. 4. Economic benefit of noncompliance to the person against whom the complaint is made. 5. Impact on, or threat to, the public health or welfare or the environment as a result of the violation. 6. Malfeasance. 7. Whether legal and factual theories were advanced for purposes of delay. In addition to the factors set forth in this Subsection, the following circumstances shall be considered as grounds for reducing or eliminating penalties: 8. The voluntary and complete disclosure by the person against whom the complaint is made of such violation in a timely fashion after discovery of the noncompliance. 9. Full and prompt cooperation by the person against whom the complaint is made following disclosure of the violation, including, when appropriate, entering into a legally enforceable commitment to undertake compliance and remedial efforts. 10. The existence and scope of a regularized and comprehensive environmental compliance program or an environmental audit program. 11. Substantial economic impact of a penalty on the violator. 12. Other mitigating factors. Where a civil penalty in lieu of suspension is available, the Board shall first impose the revocation or a term of suspension. The amount of the civil penalty shall then be determined on the basis of imposing an PCSC22-001 0 — Page Page 3 of 4 economic penalty equivalent to the loss which would have occurred had the facility not operated during the term of the suspension. A portion of the civil penalty may be deferred on the condition that certain actions to correct the violation be taken. The failure to pay the civil assessment will result in imposition of the suspension. In order to come into compliance: The applicant shall remove from the site all the outdoor storage items that are related to businesses other than that approved by the USR and also remove any other businesses that are operating from the site. POTENTIAL SHOW CAUSE COURSES OF ACTION: • Dismissal • Continue to a later hearing date • Suspension • Fine • Revocation • Injunctive Action PCSC22-001 0 — Page Page 4 of 4 PCSC22 0010 Show Cause February 22, 2023 Owner: Paul Page Situs: 3942 County Road 1 '/2, Erie, CO 80516 Legal Description: The N2 of Section 18, and the SW4SE4 of Section 7, all of T1 N, R68W of the 6th P.M., Weld County, CO Location: South of and adjacent to CR 1.5 and north of and adjacent to Cheesman Street SITE 100 Year A I ( Iar:Ars 1001. O0 Year A Boulder County N.N. Floodw Q ii- irsat O reka Lr� at ---11 6s Photos February 2023 Stockpiles of recycled concrete, asphalt, and storage of telephone poles Photos February 2023 Stockpiles of recycled concrete, asphalt, and storage of telephone poles Stockpiles of recycled concrete, asphalt, and storage of telephone poles Stockpiles of recycled concrete, asphalt, and storage of telephone poles Photos February 2023 Leasing of a portion of the building for other businesses. Photos February 2023 The two fuel tanks and commercial vehicles from Outdoor Craftsmen appear to have been removed from the site. 1 7 a „erstaas f a Sr' Potential Show Cause Courses of Action • Dismissal • Continue to a later hearing date • Suspension • Fine • Revocation • Injunctive Action END OF PCSC22 0010 Hello