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Home My WebLink About20212282.tiffHEARING CERTIFICATION DOCKET NO. 2021-49.A RE: PROBABLE CAUSE HEARING, PCSC21-0009, TO CONSIDER SETTING A SHOW CAUSE HEARING TO DETERMINE WHETHER OR NOT THE APPLICANT IS IN COMPLIANCE WITH CERTAIN DEVELOPMENT STANDARDS CONTAINED IN USE BY SPECIAL REVIEW PERMIT, USR-760, FOR A USE PERMITTED AS A USE BY RIGHT, ACCESSORY USE, OR USE BY SPECIAL REVIEW IN THE COMMERCIAL OR INDUSTRIAL ZONE DISTRICTS (WASTEWATER TREATMENT FACILITY FOR B&B SMITH MOBILE HOME AND RECREATIONAL VEHICLE PARK) - SMITH FAMILY TRUST AND 6 B'S PROPERTY, LLC A public hearing was conducted on July 26, 2021, at 9:00 a.m., with the following present: Commissioner Steve Moreno, Chair Commissioner Scott K. James, Chair Pro-Tem Commissioner Perry L. Buck Commissioner Mike Freeman 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: El I hereby certify that a public Probable Cause hearing was conducted to consider setting a Show Cause Hearing to determine whether or not the applicant, Smith Family Trust and 6 B's Property, LLC, is in compliance with certain Development Standards contained in Use by Special Review Permit, USR-760, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (wastewater treatment facility for B&B Smith Mobile Home and Recreational Vehicle Park). Bruce Barker, County Attorney, made it a matter of record. e Diana Aungst, Department of Planning Services, presented the history of the property and provided the general location of the site and the timeline of events from March, when the initial complaint was received, to present. She described, when she initially visited the site in March, there were four (4) semi -trailers, used for on -site storage, occupied Recreational Vehicles (RVs), which were not a part of the approved permit, and debris in the floodplain. She explained it was originally stated to the applicant there could be two (2) semi -trailers on the site, but this was an error, and the applicant was notified in June the semi -trailers can only remain on the site as an Accessory Use; however, since there is not a Primary Use on the site, the semi -trailers would need to be removed. She relayed, at her follow up visit in July, the occupied RVs had been removed and the floodplain violation had been addressed, but the four (4) semi -trailers were still onsite. She read Development Standards #1, #6, and #7, which are in violation, recommended the applicant remove the four (4) semi -trailers from the site by August 30, 2021 and displayed images of the site. In response to Commissioner Saine, Ms. Aungst clarified no semi -trailers are allowed on the site without the site having a Primary Use and further explained Staff was not able cc.! PLCOAITPJ (as cal al 2021-2282 PL0094 HEARING CERTIFICATION (PROBABLE CAUSE PCSC21-0009) - SMITH FAMILY TRUST AND 6 B'S PROPERTY, LLC PAGE 2 to find any criteria in the Weld County Code, which would allow the applicant to keep the semi -trailers onsite. Dheanna McCormick, represented Orville W. (Bill) Smith, property owner, stated they don't understand what a Primary Use is, they need the semi -trailers to store maintenance equipment, and referenced a letter dated in 2019, which indicates three (3) trailers could be onsite. She questioned if they could instead use a Conex container for storage or move the semi -trailers to their adjacent (south) property, B&B Smith Mobile Home and Recreational Vehicle Park. She relayed she has paperwork which shows the area where they currently have the semi -trailers is 2.4 feet above the floodplain. In response to Commissioner James, Ms. Aungst confirmed the location of the semi -trailers on the northern property, described the mobile home park zoning and explained the site being in a floodway puts a lot of restrictions on the property. She relayed the existing Use on the southern property is not allowed, per current floodplain regulations, but because they have been there so long, they are grandfathered in, and clarified the solar panels on the northern lot were placed there prior to the Use by Special Review (USR) process. She indicated there is a USR on the northern lot for a wastewater treatment facility, but that Use is not considered a Primary Use. Responding to Commissioner Buck, Ms. Aungst relayed the site has been in the floodplain since 1982, and confirmed for Commissioner Moreno that this issue was brought to Staff's attention via an online complaint from a citizen. El Commissioner Moreno confirmed with Mr. Barker the Board's responsibility is to determine if there is enough evidence to schedule a Show Cause hearing and Mr. Barker added the Board can continue the Probable Cause to a later date, if they choose. Commissioner Saine indicated she would like a continuance and the rest of the Board agreed. ta In the matter of Probable Cause hearing, PCSC21-0009, Commissioner Saine moved to continue the matter to September 1, 2021, at or about 9:00 a.m., concerning Use by Special Review Permit, USR-760, for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review in the Commercial or Industrial Zone Districts (wastewater treatment facility for B&B Smith Mobile Home and Recreational Vehicle Park), held by Smith Family Trust and 6 B's Property, LLC. The motion was seconded by Commissioner Freeman, the Board discussed the expectation of what should take place between now and the next hearing, and Commissioner Saine suggested the Board and Staff discuss the issue further in a work session, to which the Board agreed. The motion carried unanimously and there being no further discussion, the hearing was completed at 9:38 a.m. 2021-2282 PL0094 HEARING CERTIFICATION (PROBABLE CAUSE PCSC21-0009) - SMITH FAMILY TRUST AND 6 B'S PROPERTY, LLC PAGE 3 This Certification was approved on the 28th day of July, 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: ditifyo XL :Ok. Steve Moreno , Chair Weld County Clerk to the Board BY: eputy Clerk to the Board Perry L. B ike Freeman Lori Sai 2021-2282 PL0094 ATTENDANCE LIST `7 --076-.20a1 NAME - PLEASE PRINT LEGIBLY ADDRESS (CITY, STATE ZIP) EMAIL COUNTY OF RESIDENCE SPEAKING (Y/N)? /1/4,7_-( M 0 y��2 /0 9/0 CJ,.7. cP ,Lt4 of`fr/it- to -fiapaii) 1\ A6e-v. 1. ek `2-911te-/ S cot F PIA Le i A. 6r -6/1/,50W 02.9 .5T /tw V 52- /-e Al c 'iv Al T ,jJ 74 6 Lb �' 1:, W E 2-I lam/ �7 L©JVC-Ano. T 7 /;`,YG1� kaet1e'9eh 2A04�114 in ZrAW `," WG-.ItNA . G v XV\T Hello