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HomeMy WebLinkAbout20222004.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC-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, the Board of County Commissioners held a Probable Cause Hearing 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, the Board heard all of the testimony and statements of those present and, having been fully informed, finds that the matter should be continued to October 24, 2022, at 9:00 a.m., to allow the permittee adequate time to get the property under contract with a local school district. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the abovementioned matter be, and hereby is, continued to October 24, 2022, at 9:00 a.m. CC:PL6rr/11 WDn) CACas) RPPL.- 127/12 2022-2004 PL0048 PROBABLE CAUSE, PCSC22-0010 - PAUL PAGE (USR-413) PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of July, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WEL COUNTY, COLORADO ATTEST: dati.A) t K. James, Chair Weld County Clerk to the Board BY: Mike F�,5man, Pr Perry L. B APPXCUSED County Attorney Date of signature: '/ 22- teve Moreno Lori Saine 2022-2004 PL0048 MEMORANDUM To Board of County Commissioners From Diana Aungst, Planner II PCSC22-0010 - Probable Cause Hearing to determine if Subject applicant is in compliance with USR-413 - aircraft, heavy equipment and mobile home salvage and storage yard) and floodplain violation (Paul Page) Date July 25, 2022 PROBABLE CAUSE CASE SUMMARY CASE NUMBER PCSC22-0010 PROPERTY OWNER Paul E Page BUSINESS Kinzie Industries SITUS 3942 CR 1 1/2, Erie, CO 80516 LEGAL Being part of the N2 of Section 18 and part of the SW4SE4 of Section 7, all in DESCRIPTION Township 1 North, Range 68 West of the 6th P M , County of Weld, CO TOTAL ACREAGE +/- 43 4 acres LOCATION East of and adjacent to CR 1 1/2 and north of and adjacent to Cheesman Street Timeline July 2, 1980 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 April 21, 2022 May 2, 2022 June 1, 2022 June 13, 2022 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 2 June 15, 2022 June 22, 2022 June 28, 2022 July 6, 2022 Background July 2, 1980 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 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 matenal 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 mason for revocation of the Special Use Permit by the Board of County Commissioners Staff 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 PCSC22-0010 — Page Page 2 of 2 PCSC22 0010 Probable Cause July 25, 2022 Owner: Paul Page Situs: 3942 County Road 1 '/z, Erie, CO 80516 Legal Description: The N2 of Section 18, and the SW4SE4 of Section 7, all of Ti 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 14. Boulder County WCR 10 WCR 10 TIMELINE July 2, 1980 Use by Special Review (USR-41 3) was approved by the Board of County Commissioners for aircraft, heavy equipment and mobile home salvage and storage yard. April 21, 2022 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. May 2, 2022 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. June 1, 2022 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. TIMELINE (cont.) Nina 7R 7f199 Planninrt staff hari n maatinn mith N/Ir 7anc Pin nttnrnou fnr tho nrnr►crtu nunincr and I I..... ll .n iy vLuII I 'Lou u I I IL.%.ui iy vviu I lull. �w i1/4.• I ice., uLwi I i1/4.y WI a i1/4. HI vN1/4.i ty vvvI 1%i -el 1 uI iu 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. 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. & Peggy Page Special Use Permit Application. (e) The proposed use 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 dis- mantled (instruments, engines, flight controls etc. and other use- able 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. The effect on air, water, glare, and noise pollution will be slight. The yard is fenced and most active operation are carried out inside metal and concrete buildings, which minimize fire hazard. Normal operation will only require approximately 3-S workers during daylight hours and the effect 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 well and storage lake. 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Its .40 • abst. k40frireedigli �lr r 4 gla Photos April 2022 Commercial vehicles from Outdoor Craftmen parked on the site. a- s • s- • *4* --coamalesseensaa aA mtgrp•• eI • 4- S. mare • es Is nokripictil "PO% sa,„, 4:040414*. ?.mss s: ••••• tote • .rwlt w �ww sees, „t it: r Photos April 2022 Signs on the property. KINZIE If JCL) STORAGE CONTAINERS FOR RENT 720.480.1589 ***** a ' r; f•.PAC 4Storage iirA 303.8284551 fivir • aAptt i/►. bab b W •1 ;t Is Ark Cocorado (an organic soil producer) • • t • t.� r).0ry• -- J41. S • n — 11, pt.' ram • -•. P efrootiradbasams • — r • Cocorado is shown on Google maps to be located on the site. \II !Ifl% LCoc,i 4 atre- -sr row -r S . &pertly -Crafted Coamut air Soil ..., � ...ate l is Photos June 2022 A portion of the building is leased to Advanced Line Systems for parking/storage of equipment and trucks. 1 : led=2 — �rw •.:y- - `DilANEED LINE ar is YSTTE1I1s "IND.-44' • Professional Directional Boring Services BORETHEROCME5. CO N : (so; • Photos June 2022 Ten cargo containers leased for storage. .s. dr -fferi (r y){r, 111:$ ` ff a - Photos June 2022 Pallets of products stored on the site. - L. • at asa- taus zaarp447._ ligaal•aTITelli S• ee iter till; 14164:41Lirlihiliraet "IP • ' set • er as or rs '• 'EP• i I. i 1rw .S air • r r • 40 - -- * Op gm_ or • - • • •F�•� '- .was. r - • .sit1 ` a • fpI. astir': ca 0.4 IP • iL II lisainksh, .� ! j de s we- a lama -•lroY Wsur. a • • r Photos June 2022 Two fuel tanks and commercial vehicles from Outdoor Craftsmen parked on the site. .Z: Photos June 2022 Crusher screener and recycled concrete stockpiles. Photos June 2022 Recycled concrete stockpiles. .a• . `.. SA. 2 leo • • • Miasma Mem IMO • Photos June 2022 Two construction trailers and two portable toilets on the site. .IP • • • et r• - Photos June 2022 Storage of telephone poles. • •- a • Nes_ as Asa 5. ` Sus- -a • la a •ti • cal' - « ♦• r .'` r 4 w a r• • 4 • Sib* - • • • as .t • w r • f. �s,I • •. +1P.: • R\ two? a w .e. "`� -" "f ^J Apr Ala • a • Jy • �� •� wee ewe wdr.eis lrw'-• •� r_ .. �•�'« is• X1.7.. -ems, t "11141 w A. - .r Photos June 2022 Storage of misc. items. I• • •, r- .`d 6. -r • • yr• • • ti •w • y •• • • • Ill, i i.• 7. -a♦ isiLlio ifr C•. it _C • • • • w .> • "' ' • . 10" A-- s' t arWiligr•Lellr ri• In - MS. .a. • an Amemposamm• *we J wen —• • .♦ l S. .. �� •w 0 . T lekt aitasissowe 411.0. 4 I w • M HP'41 NO: I AO- a. • • '' • 'vet •1••t• • f . • • 1 • I •—.3— Ira Sala t • • �•• t 140. • oat trnirair- f • • _• I- F• Y -w 4 • • • I r w 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 Hello