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Home My WebLink About20212281.tiffRESOLUTION RE: ACTION OF THE BOARD AT PROBABLE CAUSE HEARING, PCSC21-0009, CONCERNING USE BY SPECIAL REVIEW PERMIT, USR-760 - SMITH FAMILY TRUST AND 6 B'S PROPERTY, LLC 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 26th day of July, 2021, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Smith Family Trust and 6 B's Property, LLC, 29 Highway 52, Longmont, Colorado 80504, was 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), and WHEREAS, the alleged violations were said to be occurring on property being further described as follows: Lots A and B of Recorded Exemption RE -1204; being part of the SW1/4 of Section 31, Township 2 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 reviewed the evidence presented by staff and, having been fully informed, finds that the matter should be continued to September 1, 2021, at 9:00 a.m., to allow Staff and the property owner time to reach an amicable solution. 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 September 1, 2021, at 9:00 a.m. PLcOA/ -rP), CAcog/SC ), A,Ppt_ tWo$tl 2021-2281 PL0094 CONTINUE PROBABLE CAUSE (PCSC21-0009) - SMITH FAMILY TRUST AND 6 B'S PROPERTY, LLC PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 26th day of July, A.D., 2021. ATTEST: ds,m,A) .�CL�o•tc. Weld County Clerk to the Board BY: AP Counttorney Date of signature: 05A(7/2( BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve M•reno, Chair Sco es, Pro-Te Perry L. Buc Mike Freeman Lori Saine 2021-2281 PL0094 MEMORANDUM To: Board of County Commissioners From: Diana Aungst, Planner II PCSC21-0009 - Probable Cause Hearing to determine if applicant is in compliance with USR-760 - wastewater Subject: treatment facility for B & B Smith Mobile Home and Recreational Vehicle Park (Smith Family Trust c/o Orville W. Smith (Bill Smith)) Date: July 26, 2021 PROBABLE CAUSE CASE SUMMARY CASE NUMBER: PCSC21-0009 PROPERTY OWNER: Smith Family Trust c/o Orville W. Smith (Bill Smith) BUSINESS: B&B Mobile Home and RV Park SITUS: 29 Highway 52, Longmont, CO 80504 LEGAL Lots A and B of Recorded Exemption RE -1204 being part of the SW4 of Section DESCRIPTION: 31, T2N, R68W of the 6th P.M., Weld County, Colorado. TOTAL ACREAGE: +/- 25.4 acres LOCATION: East of and adjacent to CR 1 and north of and adjacent to HWY 52 Timeline: December 16, 1976 August 1, 1984 Zoning Z-18 depicts the southern portion of the property as MH Zoning. (Site Plan Review) SPR-38 was approved for a mobile home/RV park in the R-5 (Manufactured Home Residential) and C-4 (Highway Commercial) Zone Districts. December 17, 1986 USR-760 was approved by the Board of County Commissioners for a wastewater treatment facility for the mobile home/RV park. December 15, 1990 (Recorded Exemption) RE -1204 was approved. The RE split the property into two pieces. March 12, 2021 Complaint received from a citizen stating non-compliance with the USR and possible floodplain violation. March 25, 2021 Staff visited the site to verify that there were four (4) semi -trailers parked on the site and RVs being lived in that were not part of the approved permit. Additionally, there was debris being placed in the floodplain. March 29, 2021 Initial Probable Cause and Floodplain Violation letters sent via first class and certified mail. April 14, 2021 Phone call with Mr. Orville (Bill) Smith I clarified questions about the letters that he had received. It was stated that there could be two (2) semi -trailers on the site but this was an error and no semi -trailers can be used as storage on site. 01/ Co Page 1 of 3 0091- aa8i pLoo9N April 23, 2021 Email received from Ms. Dheanna McCormick stating that she works with Mr. Bill Smith at the B&B Mobile Home park. April 23, 2021 The applicant was given a deadline of May 15, 2021, to have the site in compliance with the USR and the floodplain regulations. April 30, 2021 Received the PreApplication Request form. May 13, 2021 The applicant was given a deadline of June 7, 2021, to have the site in compliance with the USR and the floodplain regulations. May 14, 2021 Email sent to Ms. Dheanna McCormick indicating that no PreApplication meeting would be necessary but if they wanted to meet I would be available. The email stated that there could be two (2) semi -trailers on the site instead of the four (4) however per Section 23-3-30.G. of the Weld County Code semi -trailers can only be an accessory use. Since there is no primary use on this lot the semi- trailers will need to be removed. May 17, 2021 Site visit. The RVs that are not part of the approved RV park are still on site. The four (4) semi -trailers are still on -site. May 24, 2021 The applicant was given a deadline of June 30, 2021, to have the site in compliance with the USR and the floodplain regulations. June 10, 2021 Email to Ms. Dheanna McCormick stating that the semi -trailers can only remain on site as an accessory use and since there is no primary use on the property the semi -trailers would need to be removed from the site. July 2, 2021 Site visit. There are still four (4) semis on the site. The RVs that were not part of the approved RV park have been removed from the site and the floodplain violation has been addressed. July 12, 2021 Probable Cause letter sent via first class and certified mail. The letter was also emailed to Ms. Dheanna McCormick. Background: SPR-38 USR-760 Summary: RV and non -transient residence would be allowed in the R-5 (Manufactured Home Residential) and C-4 (Highway Commercial) Zone Districts. Mobile homes would be allowed in the R-5 (Manufactured Home Residential) Zone District but not in the C-4 (Highway Commercial) Zone District. The Use by Special Review permit is for a wastewater treatment facility for B & B Smith Mobile Home and Recreational Vehicle Park as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated herein. This case was conditionally approved by the Board of County Commissioners on December 17, 1986. The USR map was recorded on February 19, 1987, under reception #2088963. USR-760 Development Standards #1, 6, and 7 state: 1. The Use by Special Review Permit is for a wastewater treatment facility for B&B Smith Mobile Home and Recreational Vehicle Park as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 6. The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such Page 2 of 3 changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7. The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. As of July 19, 2021, there are still four (4) semi -trailers on the site. Staff recommendation: The use of semi -trailers on the site as an accessory use is not allowed unless there is a primary use on the property. There is no primary use on this property. The applicant shall remove the semi -trailers from the site no later than August 31, 2021, or a show -cause hearing will be scheduled. Page 3 of 3 PCSC2I 0009 July 26, 2021 Owner: Smith Family Trust c/o Orville W. Smith (Bill Smith) Situs: 29 HWY 52, Longmont, CO 80504 Legal Description: Lots A and B of Recorded Exemption RE -1204 being part of the SW4 of Section 31, T2N, R68W of the 6th P.M., Weld County, CO Location: East of and adjacent to CR 1 and north of and adjacent to HWY 52 SITE \N\C‘ \_\\N1/4\1\\\ \\ \\\\N TIMELINE March 12, 2021 Complaint received from a citizen stating non-compliance with the USR and possible floodplain violation. March 25, 2021 Staff visited the site to verify that there were four (4) semi -trailers parked on the site and RVs being lived in that were not part of the approved permit. Additionally, there was debris being placed in the floodplain. March 29, 2021 Initial Probable Cause and Floodplain Violation letters sent via first class and certified mail. April 14, 2021 Phone call with Mr. Orville (Bill) Smith I clarified questions about the letters that he had received. It was stated that there could be two (2) semi -trailers on the site but this was an error and no semi -trailers can be used as storage on site. April 23, 2021 Email received from Ms. Dheanna McCormick stating that she works with Mr. Bill Smith at the B&B Mobile Home park. April 23, 2021 The applicant was given a deadline of May 15, 2021, to have the site in compliance with the USR and the floodplain regulations. TIMELINE (cont.) April 30, 2021 May 13, 2021 May 14, 2021 May 17, 2021 May 24, 2021 Received the PreApplication Request form. The applicant was given a deadline of June 7, 2021, to have the site in compliance with the USR and the floodplain regulations. Email sent to Ms. Dheanna McCormick indicating that no PreApplication meeting would be necessary but if they wanted to meet that I would be available. The email stated that there could be two (2) semi -trailers on the site instead of the four (4) however per Section 23-3-30.G. of the Weld County Code semi -trailers can only be an accessory use. Since there is no primary use on this lot the semi -trailers will need to be removed. Site visit. The RVs that are not part of the approved RV park are still on site. The four (4) semi -trailers are still on -site. The applicant was given a deadline of June 30, 2021, to have the site in compliance with the USR and the floodplain regulations. TIMELINE (cont.) June 10, 2021 Email to Ms. Dheanna McCormick stating that the semi -trailers can only remain on site as an accessory use and since there is no primary use on the property the semi- trailers would need to be removed from the site. July 2, 2021 Site visit. There are still four (4) semis on the site. The RVs that were not part of the approved RV park have been removed from the site and the floodplain violation has been addressed. July 12, 2021 Probable Cause letter sent via first class and certified mail. The letter was also emailed to Ms. Dheanna McCormick. SUMMARY This case was conditionally approved by the Board of County Commissioners on December 17, 1986. USR-760 Development Standards #1, 6, and 7 state: 1. The Use by Special Review Permit is for a wastewater treatment facility for B&B Smith Mobile Home and Recreational Vehicle Park as submitted in the application materials on file in the Department of Planning Services and subject to the Development Standards stated hereon. 6 The Use by Special Review area shall be limited to the plans shown herein and governed by the foregoing Standards and all applicable Weld County regulations. Any material deviations from the plans or Standards as shown or stated shall require the approval of an amendment of the Permit by the Weld County Planning Commission and the Board of County Commissioners before such changes from the plans or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 7 The property owner or operator shall be responsible for complying with all of the foregoing Standards. Noncompliance with any of the foregoing Standards may be reason for revocation of the Permit by the Board of County Commissioners. As of July 19, 2021, there are still four (4) semi -trailers on the site. PHOTO JULY 2, 2021 rM 1 rinSollt MUM A. Toil oat ON IPS Ids r VCS MOOT Lt tas A MASTS mist Tumor rac run alt t d ► rotas Ina deb •Intaanco rata* fa. as aesa s TT: IS lie 4111,14;o71011 44711ttALt al Etta 04441oteaas arvt.A*fl WITW MUM. I- aa. Q1rtionlf. poet ill MOW- K is M»ttp fl terra IS altoPLAMOMO22 M 1III tltl ObrSY lottDl*: 0720 [4oaaeatl. I. Tie ►onroATT tome tot 0aSiTlu tall IS Oa4alatst6 ats tx ini m WIT:tf in ttttu a surname GO a i v rta '4. ! 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Naha POTENTIAL PROBABLE CAUSE COURSES OF ACTION • Dismissal • Continue to later hearing date • Schedule for show cause hearing STAFF RECOMMENDATION The applicant shall remove the semi -trailers from the site no later than August 31, 2021, or a show -cause hearing will be scheduled. Hello