HomeMy WebLinkAbout20043170.tiff HEARING CERTIFICATION
DOCKET NO. 2002-86F
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, C/O ROXY
VENDENA
A public hearing was conducted on October 13, 2004, at 10:00 a.m., with the following present:
Commissioner Robert D. Masden, Chair
Commissioner William H. Jerke, Pro-Tem
Commissioner M. J. Geile
Commissioner David E. Long - EXCUSED
Commissioner Glenn Vaad - EXCUSED
Also present:
Acting Clerk to the Board, Esther E. Gesick
Assistant County Attorney, Lee Morrison
Planning Department representative, Bethany Salzman
Planning Department representative, Chris Gathman
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 on November 18,
2002, to consider vacation of Use by Special Review Permit #654 for Permagreen Products
Company for a Fertilizer Storage, Mixing, Loading, and Sales Operation. The Board deemed it
advisable to continue the matter to February 3, 2003,to allow Permagreen Products Company, do
Roxy Vendena, adequate time to submit a Design and Operations Plan, as well as complete any
additional requirements of the Departments of Planning Services and Public Health and
Environment. At said hearing on February 3, 2003, the Board deemed it advisable to continue the
Show Cause Hearing to April 7, 2003, to allow the operator additional time to complete all the
necessary requirements as proposed by staff. At said hearing on April 7, 2003, the Board deemed
it advisable to continue the matter to June 9, 2003,to allow the operator additional time to complete
the requirements of the Colorado and Weld County Departments of Public Health and Environment.
At said hearing on June 9, 2003, the Board deemed it advisable to dismiss the matter upon the
condition that five items be completed within 180 days, or consider the matter on November 19,
2003, in the event the conditions were not completed. On November 19, 2003, upon the
recommendation of Health staff, the Board deemed it advisable to continue the matter to May 17,
2004, to allow additional time for Permagreen Products Company, c/o Roxy Vendena, to review
and make appropriate changes to the facility's Design and Operations Plan, and complete the
above listed conditions. At said Hearing on May 17, 2004, the Board deemed it advisable to
continue the matter until October 13, 2004, to allow time for the Colorado Department of Public
Health and Environment to approve the Design and Operations Plan, with direction to staff to
dismiss the case if approval is received from the State prior to the continuance date. At said
hearing on October 13, 2004, Cindi Etcheverry, Department of Public Health and Environment,
2004-3170
PL0846
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HEARING CERTIFICATION - SHOW CAUSE RE: PERMAGREEN PRODUCTS COMPANY,
C/O ROXY VENDENA (USR#654)
PAGE 2
the location of the site, and explained this case was initiated as a result of complaints received
regarding a fire at the site. She stated staff inspected the site and also observed several other
violations. Since that time the property has come into compliance with the terms of Use by Special
Review Permit#654,and she referenced her memorandum,marked Exhibit H, recommending this
case be dismissed.
Tom Haren, AGPROfessionals, LLC, stated he has encountered some delays with the Colorado
Department of Public Health and Environment;however,the County staff has been very cooperative
throughout this process. Chair Masden commented he is pleased to have this case resolved at the
State and County levels.
Commissioner Jerke moved to dismiss the Show Cause hearing to consider vacation of Use by
Special Review Permit#654 for Permagreen Products Company,do Roxy Vendena,for a Fertilizer
Storage, Mixing, Loading, and Sales Operation. The motion, which was seconded by
Commissioner Geile, carried unanimously. There being no further discussion, the hearing was
completed at 10:15 a.m.
This Certification was approved on the 20th day of October 2004.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
T
Ro ert D. Masden, Chair
86 lieu erk to the �oard
� y'/
- � William H. rke, Pro-Tem
lerk to the Boar.
M. J. eile
TAPE #2004-47 EXCUSED
David E. Long
DOCKET #2002-86F EXCUSED
Glenn Vaad
2004-3170
PL0846
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