HomeMy WebLinkAbout20023020.tiff HEARING CERTIFICATION
DOCKET NO. 2002-86
RE: HEARING TO SHOW WHETHER GOOD CAUSE EXISTS FOR REVOCATION OF USE BY
SPECIAL REVIEW PERMIT #654 FOR A FERTILIZER STORAGE, MIXING, LOADING,
AND SALES OPERATION - PERMAGREEN PRODUCTS COMPANY, CIO ROXY
VENDENA
A public hearing was conducted on November 18, 2002, at 10:00 a.m., with the following present:
Commissioner Glenn Vaad, Chair
Commissioner David D. Long, Pro-Tem
Commissioner M. J. Geile
Commissioner William H. Jerke
Commissioner Robert D. Masden
Also present:
Acting Clerk to the Board, Esther Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Bethany Salzman
Health Department representative, Cindi Etcheverry
The following business was transacted:
I hereby certify that pursuant to a notice dated November 1,2002,and duly published November 6,
2002, in the Tri-Town Farmer and Miner, a Show Cause hearing was conducted to consider
vacation of Use by Special Review Permit#654 for Permagreen Products Company for a Fertilizer
Storage, Mixing, Loading, and Sales Operation. Lee Morrison, Assistant County Attorney, made
this a matter of record. Bethany Salzman, Department of Planning Services, gave a brief
description of the location of the site, and stated this case was initiated by complaints received
following a fire at the site. She stated a Probable Cause Hearing was conducted on August 26,
2002, and after meeting with the operator, staff discussed the need for a Design and Operations
Plan prior to this hearing. Ms. Salzman stated following a review of the plan, staff determined that
it lacked a substantial amount of information,therefore, a sample was provided to the operator this
morning. Ms. Salzman stated the operator has agreed to provide a revised Design and Operations
Plan within seven days of this hearing. Ms. Salzman stated the Departments of Planning Services
and Public Health and Environment recommend a proposed time line of action, which she
submitted as Exhibit A. Responding to Commissioner Jerke, Ms. Salzman referred to a site map,
marked Exhibit B, and stated the existing Use by Special Review Permit needs to be amended to
delineate areas B and C as composting areas rather than storage. In response to Commissioner
Geile, Mr. Morrison stated the Probable Cause process has been completed, and prior to acting
at this Show Cause Hearing, staff is recommending the Board grant a 60-day extension to allow
the operator adequate time to address staff's concerns. Responding further to Commissioner
Geile, Ms. Salzman stated the site is currently in violation of six of the nine Development Standards
for Use by Special Review Permit#654.
2002-3020
PL0846
HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR#654)
PAGE 2
Craig Haberschell represented the applicant and stated due to his limited staff and various other
delays they have not been able to address all of staffs concerns; however, they are still working
to bring the site into compliance. He stated they are in agreement with the proposed timeline. In
response to Chair Vaad, Mr. Haberschell stated the applicant would prefer a 75-day extension to
ensure they have adequate time to complete all the necessary requirements. Ms. Salzman stated
staff concurs with the applicant's request to continue the hearing for 75 days. No public testimony
was offered concerning this matter.
Commissioner Jerke moved to continue the Show Cause Hearing to Monday, February 3, 2003,
at 10:00 a.m. to consider the revocation of a Site Specific Development Plan and Use by Special
Review Permit#654 for a Fertilizer Storage, Mixing, Loading, and Sales Operation for Permagreen
Products Company, to allow the operator adequate time to complete all the necessary
requirements as proposed by staff. The motion was seconded by Commissioner Long, and it
carried unanimously. There being no further discussion, the hearing was completed at 10:20 a.m.
This Certification was approved on the 20th day of November 2002.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:j2 4/4// lefr t , EXCUSED DATE OF APPROVAL
I ` imp ���.le aad, hair
Weld County Clerk to the '.
Javid E. Lon ro-Te.rn
BY: ..//1► . .
Deputy Clerk to the Board ��� 2247
M. J. Greile
TAPE #2002-38 7 frit 11
illiam H. Jerke
DOCKET#2002-86 1 ; �
V 1 t�0
Robert D. Masden
2002-3020
PL0846
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