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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 Hello