HomeMy WebLinkAbout20222153.tiffHEARING CERTIFICATION
DOCKET NO. 2022-63.B
RE: PROBABLE CAUSE HEARING, PCSC22-0010, TO CONSIDER SETTING A SHOW
CAUSE HEARING TO DETERMINE WHETHER OR NOT THE PERMITTEE IS IN
COMPLIANCE WITH CERTAIN DEVELOPMENT STANDARDS, FOR A SITE SPECIFIC
DEVELOPOMENT PLAN AND 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 October 24, 2022, at 9:00 a.m., with the following present:
Commissioner Scott K. James, Chair
Commissioner Mike Freeman, Pro-Tem
Commissioner Perry L. Buck
Commissioner Steve Moreno
Commissioner Lori Saine
Also present:
Acting Clerk to the Board, Jess Reid
County Attorney, Bruce Barker
Planning Services Department representative, Diana Aungst
The following business was transacted:
A public Probable Cause hearing, PCSC22-0010, was conducted on July 25, 2022, to
consider setting a Show Cause Hearing to determine whether or not the permittee, Paul Page,
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. At said
hearing the Board continued the matter to October 24, 2022, to allow the potential contract, for
sale of the subject property to a local School District, to commence. Bruce Barker, County
Attorney, made this a matter of record.
re Diana Aungst, Department of Planning Services, presented a brief summary of the case,
recounted for the Board the last Probable Cause hearing was continued, as Mr. Page had stated
the property was under contract with the St. Vrain Valley School District, and mentioned, as of
today, the site is still owned by Mr. Page. She continued, she has not heard from Mr. Page since
the last Probable Cause hearing, no pre -application form has been submitted, and her recent site
visit showed the site is still being utilized in the same manner it was in July. She indicated she
received an email, on October 21, 2022, from Ann Napier, Realtor, which stated Mr. Page has
received an offer on the property and Mr. Page's attorney is reviewing the offer. Ms. Aungst
recommended scheduling a Show Cause hearing for November 16, 2022, at 9:00 a.m., and
displayed images of the site. In response to Chair James, Ms. Aungst confirmed Mr. Page is still
actively conducting business on the site that is in violation of his USR, and, even if sold, the
tenants operating on the site will face the challenge of finding a place to move their businesses
to. In response to Commissioner Moreno, she reiterated she has had no contact with Mr. Page
since July and he has not submitted a USR application.
Cc: PL.(TP/MN/DA), CA(68)
11/!6/22
2022-2153
PL0048
HEARING CERTIFICATION - PAUL PAGE (PCSC22-0010)
PAGE 2
Paul Page, property owner, stated he has shut down several of the businesses on the site
and has given notice to the others to be looking for a place to move their businesses to. He
indicated one tenant has a lease that expires in 2023, and all others have been given a 30 -day
notice. He stated the piles of concrete and asphalt have been sold and will be moved off of the
site and several pieces of the heavy equipment will be moved to an auction site in the middle of
November. Responding to Chair James, Mr. Page confirmed his intent is to clean up the property,
regardless of the pending sale.
Ei Julie Page stated that applying for another USR is not the best use for the property and
indicated, with the sale of the property, the site will be annexed into the Town of Erie. She
conveyed it will be approximately two (2) years before the buyer will start building homes on the
site and requested a two (2) year extension of the Probable Cause/Show Cause. In response to
Chair James, Ms. Page stated she thought they were within the scope of their current USR permit
by allowing storage and did not realize that having the businesses and their equipment on the site
was in violation of the USR permit. She explained the site will be completely cleared within two (2)
years for the new owners.
Fi Chair James expressed that although the area around the site has changed, the parameters
of the USR permit have not, therefore, Mr. Page needs to be operating within the parameters of
the USR permit. Commissioner Saine clarified the role of the Board was to determine if Probable
Cause exists to set a Show Cause hearing and Commissioner Moreno noted the Board cannot
allow Mr. Page to operate, in violation, for two (2) years. Commissioner Freeman suggested the
Board set a Show Cause hearing for 90 or 120 days out, which Mr. Barker confirmed was
appropriate, since Mr. Page is working at clearing the site.
El In the matter of Probable Cause hearing, PCSC22-0010, Commissioner Freeman moved to
find there is adequate evidence to set a Show Cause hearing, for February 22, at 9:00 a.m., for
Use by Special Review Permit, USR-413, for Aircraft Storage and Salvage in the A (Agricultural)
Zone District, held by Paul Page, based on the evidence presented by Planning staff and that it
is more probable than not that there is a violation on the property. The motion was seconded by
Commissioner Buck, and it carried unanimously. There being no further discussion, the hearing
was completed at 9:53 a.m.
2022-2153
PL0048
HEARING CERTIFICATION - PAUL PAGE (PCSC22-0010)
PAGE 3
This Certification was approved on the 7th day of November, 2022.
BOARD OF COUNTY COMMISSIONERS
WELE COUNTY, COLORADO
ATTEST: W, XLto•(1
Weld County Clerk to the Board
eputy Clerk to the
Scot K. James, Chair
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2022-2153
PL0048
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