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Home My WebLink About20222152.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC22-0010, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-413 - 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 the 25th day of July, 2022, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Paul Page, P.O. Box 450, Erie, Colorado 80516, was in compliance with certain Development Standards contained in Use by Special Review Permit, USR-413, for Aircraft Storage and Salvage in the A (Agricultural) Zone District, and WHEREAS, the alleged violations were said to be occurring 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 July 25, 2022, the Board heard all of the testimony and statements of those present and reviewed the evidence presented by staff and, having been fully informed, deemed it advisable to continue the matter to October 24, 2022, at 9:00 a.m., to allow adequate time for the permittee to get the property under contract with a local school district, and WHEREAS, on October 24, 2022, after hearing testimony from the Department of Planning Services, the Board finds that pursuant to the procedure as set forth in Chapter 2 Administration, of the Weld County Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not said Use by Special Review Permit should be revoked for failure to comply with certain Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Use by Special Review Permit, USR-413, issued to Paul Page, should be revoked. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be February 22, 2023, at 9:00 a.m., in the Assembly Room of the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Development Standards: cC : PL(TP/HN/DA) CA(Be), APP L . t1/16/22 2022-2152 PL0048 SET SHOW CAUSE, PCSC22-0010 - PAUL PAGE (USR-413) PAGE 2 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. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELT COUNTY, COLORADO ATTEST: dlftRet) G..�C,�so•� S'cofl K. James, Chair Weld County Clerk to the Board Mikeee.rnan, Pro-Te ounty orney Date of signature: 1(/V/22 2022-2152 PL0048 MEMORANDUM To: Board of County Commissioners From: Subject: 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) Date: October 24, 2022 (continued from July 25, 2022) PROBABLE CAUSE CASE SUMMARY CASE NUMBER: PCSC22-0010 PROPERTY OWNER: Paul E. Page BUSINESS: SITUS: LEGAL DESCRIPTION: TOTAL ACREAGE: LOCATION: Timeline: July 2, 1980 April 21, 2022 May 2, 2022 June 1, 2022 June 13, 2022 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 +/- 43.4 acres East of and adjacent to CR 1 1/2 and north of and adjacent to Cheesman Street 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 PCSC22-0010 — Page Page 1 of 3 one for unleaded gasoline. There is also storage of trucks inside the 17,000 square foot building for Advanced Line Systems (a boring service). June 15, 2022 June 22, 2022 June 28, 2022 July 6, 2022 Background: July 2, 1980 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. 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. 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. 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. 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. Summary: Planning Staff finds that the operations on the site are not in compliance with USR-413. 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. Update October 12, 2022 The Probable Cause hearing was held on July 25, 2022, and continued in part due to the property owner, Mr. Paul Page, stating that the site is under contract to be purchased by the school district. As of October 12, 2022, the site is still owned by Mr. Paul Page. Since that time staff has had no contact with the property owner or his representative and no PreApplication form has been submitted. During a site visit on October 10, 2022, it appeared that the site is being utilized in the same manner as it was in April and July. There are still stockpiles of recycled concrete and asphalt millings, and storage of telephone poles. The site is being utilized as employee and commercial parking for other businesses and the 10 cargo containers that are leased as storage units are still on the site. PCSC22-0010 — Page Page 2 of 3 Staff recommendation: The role of the Board of County Commissioner in this Probable Cause hearing is to review the property, for compliance with the terms of the USR, to determine if probable cause exists to hold a hearing on revocation of the USR permit. If it is determined at the Probable Cause hearing that there is probable cause that the property is not in compliance with the USR, the Board of County Commissioners will schedule a Show Cause hearing to consider revocation of the Permit. Per Section 2-4-40.C of the Weld County Code: "Probable cause is defined as a reasonable ground for belief in the existence of evidence supporting the allegations of violations of the Weld County Code." Per Section 2-4-40.D of the Weld County Code: "At the conclusion of the presentation of evidence, the Board of County Commissioners shall make an oral decision. The decision shall be to either dismiss the case, continue the case to a time specified in the future or to set the case for a formal show -cause or other type hearing at a time specified in the future." Department of Planning Services staff believes that probable cause has be found in this situation, that the property is not compliant with the approved USR. Therefore, Department of Planning Services recommends that a formal Show Cause hearing be scheduled to consider revocation of the USR, should compliance not be reached by the date of the Show Cause hearing. Planning staff recommends scheduling the Show Cause hearing on November 16, 2022. PCSC22-0010 — Page Page 3 of 3 PCSC22 0010 Probable Cause October 24, 2022 (Continued from July 25, 2022) 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 Boulder County ii Photos ctober Stockpiles of recycled concrete, asphalt, and storage of telephone poles r iffissa _ Photos October Parking of commercial/employee vehicles for other businesses. � - ta_a - van y- f_ i. b ME III. � r ▪ 1 A IT vy n - �L i.. -L imin i • ��1;3 :mitt' �� •.� -rt—la I BI IS , N Rwm— tr eT. 1] 71 2Ts4 Ins , .1 L "r_ d• r ire- i' v i v;!'JdU: eH' F _ ■ 1 Leasing of cargo containers for storage. Recommendation October 24, 2022 • Dismissal (no probable cause found) • Continue Probable Cause to later hearing date • Schedule for Show Cause hearing on November 16, 2022 The remaining presentation is from July 25, 2022. TIMELINE July 2, 1980 April 21, 2022 May 2, 2022 June 1, 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. TIMELINE (cont.) June 13, 2022 June 15, 2022 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. TIMELINEnt.) 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 Ian 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. USR-413 Application Per the USR application: "The site is primarily an aircraft salvage, rebuilding, and storage operation. Items are sold to business and the retail trade. Wrecked and damaged aircraft are brought to the site; some are dismantled (instruments, engines, flight controls, etc. and other useable parts removed and stored) and then cut up for scrap. Some are rebuilt and some stored awaiting final disposition. Heavy equipment (bulldozers, graders, etc.) and damaged mobile homes will also be repaired and stored awaiting disposition." Attachment to Paul E. 4 Peggy Page Special Use pest li '. Cep The prpposed use is primarily an aircraft salvage, rebuilding, - storage operation. Items are sold to business and the retail trade. Wrecked..and damaged aircraft are brought to the site; some are dis- mantled (Inst ants , engines, flight ht controls etc. and other use- able parts removed and stored) and then cut for scrap. Some are rebuilt and sore stored awaiting final disposition Heavy equipment (. bulldozers, graders etc.) and damaged mobile homes will also be repaired and stored awaiting disposition. The effect on air, water, glare, and noise ollution will be slight. The yard is fenced and most active operation are carried .. out inside. metal and concrete buildings, which minimize fire hazard. . Normaloperationwill only require approximately 3-5 workers during ylight h t hours and the effect f+ ct on _ traffic is minimal. There are some drive-in customers but most business is done by mail order. (f) (g) Sewage is disposed of in a County approved septic system. water requirements are small (toilet and sink) and are supplied by a R'Fe l l and storage l ake a (State e y�y�,, t eie attachment) (b) The only road is an existing gravel driveway Rated on land of the applicants. flail= • - ;slit r-.. I.st INS I- Rea waa• iaaai is a Ir l •rerI Iai.a a lii pram aka. =a: a.al. ?n!'L ! 1 ate •- t loofa i.r ma anal .sal i'!--a red r!I erner•s a ens. v:.. _'a ill le nnmr!rl aer elm ia,t i{a__ai-w :rA ti Lisa: is isd JEN aaaaaap I2,1a or..cav Ir %mon aai. •v•r Ia!•o. Ir airsaaa, ac a_a . a a.:a pia erm fl i1gl..al a 'ai .aau aa! opera d' as aau._ 'c PI ISM r fIJ i mama u a a.l.r d'mar6 c--mlIrm aalrj' aa..aa.. PI Jr ..aw all la as i1a ate. no : no mum ac Wit, aa_ r -sae''' "- 'maw awl* •m .11at".aa,.1a'i . mess d's- aI, mains" was i- i:.! 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P9'01 ETri PIP , Sid A MItlI-_- . l- e &till''91t a7leli'i m. ikl.tliI,'t L nip 1e'er a:r remelt !s.'ILi M1liairs' 'th l °Kalilal Liu firm' i itl 'ar !.. 4Ye ira r WOW! 5114* ls'�dll! 'ti *WHEW I YW h l.ar Qd '•�"�!1 lakt and ewe Nern.C •• ,.ilC•.•la .as• 'Mehl:. •r dl:-aia+!i'r .I • aMi a .+iii • rai<ai— Er iii rr alumg,Xliaa Masi MEE .P ,.Y-.Ir. .. '•JOS 0 Jiff Is 1 4P • r e'dar' a riR CIS air .*r reAr ll!4't , a4'4a ems. aC'a C'aa - all4.4Itr• alt IA!" A! tr 'rat stn fa a aa4r11 flC all s -J-' Photos April 2022 Stockpile of recycled asphalt. a apaimamnipala w_ Photos April 2022 Stockpiles of recycled concrete. ane illic a r ic, ...,_.. alib 4 ,a lb 4 ye -P Are lie 0 1k,tar i Le; der dilimellis1/4"4"%wfts vim Ore lop • SorialferaP rb aft J Virrit t a - 4 • .... • lbs, qh. . Net, l • 6.0 s ANL. ea" a 11. dr ••••• a a 01:•4 - leira ace, S Ilhalakrtgairlikartilillabilho • • Tat `ter= gibe wow te, a jpri as elm s pc a st 4a afrei 1 I j lb 0 a Ova is a #' �. s. t *al ihmi a e S S r ai Ns- Its a tis_;, Sew ' far p • en4 S * sisal deer Photos Ap f ri i 2022 Commercial vehicles from Outdoor Craftmen parked on the site. a • m _• Photos April 2022 Signs on the property. ****7 *. :%*:, PAC .storage 303-828.455 Cocorado (an organic soil producer) Cocorado is shown on Google ��' maps to be located on the site. Photos June 2022 A portion of the building is leased to Advanced Line Systems for parking/storage of equipment and trucks. a I ADVANCED LINE WSdigiCISYSTENt>444,02. * Professional Directional Boring Scrvirp.c BORETHERUCKIEN.rom „ ;,;_}r .��:. a err 5 •y, r" ty _,r ill ..• 5 f; ie.� °'k_ n�'M-i lit. � �■TI ® _ 1'hp •2_ Wm.i 4 -:Tree.. 1 pg.'i• -.' .'.1.-_ - n� y+.. a • .,¢a 'nli ,.. .. -• s.. A. '.e 1 caratysT ROT( SW df are ¢. ■ g 1'i 7F�ss EL Oil I "1,laid rir L 4 Photos June 2022 Ten cargo containers leased for storage. Photos June 2022 Pallets of products stored on the site. U V. C La • • iir ' a • r u mi ■ r • — - .. nil'--r�.z`*a� " ° a -slAt ' - . z.. ■ .i+ '�s w e "�1r la,e 5 ° .i' n eye. L. • i. •. • vswi•a • v , Av v e v • • _ 7 Photos June 2022 Two fuel tanks and commercial vehicles from Outdoor Craftsmen parked on the site. u , • — • ▪ a. •1•1E1 mar i'• L • F ,rF • . r C • A - se „4„:"1"MerlittiC - • r • a, fritta ,;c• • . • yi--ti• If -1-.� •If e - 'I �J _-. 8I tri ▪ 4-� a a inn •rt �.�'a�' i — - - s'• - r • • - IV • tt a••• _ • -• -.- r"s . _ —tea i . ` she i $mot - * Y -,• r: r }4..yr3Yrl� 1 - 1 -.a.,i-- _. Oal ;- a. w ti. 'a 4 v. • 'F '- - • r. ▪ - -. - � ' _ r'-... 44 s�r - T j Kam, - .... - ` j 7.4111 isTair „Imp A Sir Crairall1164.1 _• - r 1 f 111 rY � j ' F airosSk 1 a '4 . I r; 11. .- 1 A _ — _ .. ▪ - awl.1' i r\.'yr_"'� t`Tr~ a1�irG�F-`S�i'-�ti .BI'r' t..r. / _ �- Photos June 2022 Crusher screener and recycled concrete stockpiles. t .- 4 I - CE -St d . .. . - � may. arZ ma • Tp -ail-F. 1!t A . y• .. �� . ▪ - `•5 • �. - Photos June 2022 Recycled concrete stockpiles. Photos June 2022 Two construction trailers and two portable toilets on the site. Photos June 2022 Storage of telephone poles. Photos June 2022 Storage of misc. items. a fie r Tor innreircrir VirlIV V IP V : _�- is a �arsr�; r was Recommendation Staff recommends that the applicant submit a Pre -Application request form to address the use changes on the site no later than August 15, 2022. A Show Cause hearing has been scheduled for September 12, 2022. END OF PCSC22 0010 EXHIBIT INVENTORY CONTROL SHEET CASE PCSC22-0010 — PAUL PAGE Tyler Exhibit Submitted By Page # Description Ann Napier, Coldwell Banker A Realty B C D E F G H J K L M N O P Q R S T U Email regarding status update on property located at 3942 County Road 1 5 (received 10/24/22) 2022-2152 Jessica Reid From: Sent: To: Cc: Subject: Diana Aungst Monday, October 24, 2022 9:03 AM Esther Gesick Chloe White; Esther Gesick; Jan Warwick; Jessica Reid PCSC22-0010 - 3942 CR 1 1/2 - Paul Page Hi Esther: Please add this email to the file for PCSC22-0010. Thanks, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley, Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304-6498 daungst@weldgov. com www. weldggov. corn 0 O O EXHIBIT Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error. please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ann Napier <napier4039@aol.com> Sent: Friday, October 21, 2022 12:51 PM To: Diana Aungst <daungst@weldgov.com> Subject: Re: 3942 CR 1 1/2 - Paul Page Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello. Diana, Just an update on this property - we have received an offer from a regional builder. The offer is a good one. and the attorneys for both Mr. Page and the builder are working out the details. Sincerely, Ann Napier Coldwell Banker Realty 303-775-5234 1 Original Message From: Diana Aungst <daungstweldgov.com> To: 'Ann Napier' <napier4039@aol.com> Sent: Fri, Aug 26, 2022 12:30 pm Subject: RE• 3942 CR 1 1/2 - Paul Page Hi Ann: Thanks for the email. The memorandum to the Board of County Commissioners is attached as is the notification letter sent to the property owner. No other paperwork was generated from the hearing. Is the school district purchasing the property? Regards, Diana Aungst Planner Weld County Department of Planning Services 1555 N. 17th Avenue - Greeley. Colorado 80631 D: 970-400-3524 O: 970-400-6100 Fax:970-304 6498 daungst@ weld_gov. com www. weld_gov. corn 10 lin Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Ann Napier <napier4039@aol.com> Sent: Friday, August 26, 2022 11:42 AM To: Diana Aungst <daungstweldgov.com> Cc: Ann Napier <napier4039caol.com> Subject: 3942 CR 1 1/2 - Paul Page ICaution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the sender and know the content is safe. Diana Aungst Weld County Department of Planning Services August 26. 2022 Dear Diana. I represent Paul Page as his listing agent for the property at 3942 County Rd 1 1/2, Erie. CO. I have spoken with Noreen Canaday who supplied me with your contact information. Would it be possible to obtain the documentation from the hearing that occurred on July 25. 2022? Mr. Page indicates he has not received such documentation and in dealing with potential buyers, this information is necessary. If you can email that to me, it would be greatly appreciated. I look forward to hearing from you soon. Thank you in advance. 2 Hello