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Home My WebLink About911128.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING SHOW CAUSE HEARING - PERMAGREEN, C/O ROXY F. VENDENA 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 September 25, 1991, a Show Cause Hearing was conducted to consider revocation of Special Use Permit #654, issued to Permagreen, c/o Roxy F. Vendena, and WHEREAS, Roxy F. Vendena is the President of Permagreen, said facility being located on property described as part of the NEi of Section 24, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, Mr. Vendena and Kurt Rollin, Engineer from Rocky Mountain Consultants, were present, and WHEREAS, after review, the Board deems it advisable to continue said matter to November 6, 1991, at 10:00 a.m. , to allow staff time to review a proposal submitted by Mr. Vendena and to allow the Permit holder time to comply. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning Permagreen, c/o Roxy F. Vendena, be, and hereby is, continued to November 6, 1991, at 10:00 a.m. BE IT FURTHER RESOLVED by the Board that Mr. Vendena be, and hereby, is allowed until November 6, 1991, to come into compliance with Special Use Permit #654. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 25th day of September, A.D. , 1991. � BOARD OF COUNTY COMMISSIONERS ATTEST:�//0//a/ WELD COUNTY, OLORADO Weld Count Clerk to the Board Y .> / Gord . L cy, airman //o✓// BY: %z ,07G c6-70. Deputy lerk to the Board_ Gee Ken edy, Pro-Tem APPROVED AS T FORM: J .44272S�� tea# - Constance L. Harbert \ te/if County Attorney C. W. Kir y .1 J &-h-e9-071(7 \ W. H. Webster PL0846 P1_v BtlG «: H l., P l Ft-P f �,�1 cew u k-rpt��zaP ,l, D �,2C HEARING CERTIFICATION DOCKET N0. 91-52 RE: SHOW CAUSE HEARING TO CONSIDER REVOCATION OF SPECIAL USE PERMIT 11654 - PERMAGREEN, C/0 ROXY F. VENDENA A public hearing was conducted on September 25, 1991, at 10:00 A.M. , with the following present: Commissioner Gordon E. Lacy, Chairman Commissioner George Kennedy, Pro-Tem Commissioner Constance L. Harbert Commissioner C. W. Kirby Commissioner W. H. Webster Also present: Acting Clerk to the Board, Shelly Miller Assistant County Attorney, Bruce Barker Planning Department representative, Keith Schuett The following business was transacted: I hereby certify that pursuant to a notice, dated August 28, 1991, and duly published September 12, 1991, in The New News, a public hearing was conducted to consider the revocation of Special Use Permit 11654 issued to Permagreen, c/o Roxy F. Vendena. Bruce Barker, Assistant County Attorney, made this a matter of record. Keith Schuett, Planning Department representative, said the Permit holder is still in violation and asked that staff's comments be entered into the record as written. He said Mr. Vendena has been working with an engineer on a proposal which will need 30 days to be implemented. Wes Potter, Health Department representative, said he concurs with Planning's position. Roxy Vendena, President of Permagreen, said he would like to address each issue individually and submitted a map for the record. He said he is working with Rocky Mountain Consultants on a plan. In response to a question from Mr. Barker, Mr. Vendena said the map pertains to runoff containment and a flood plan. There was some discussion concerning the continuation of the matter to allow staff time to review said plan and allow Mr. Vendena time to come into full compliance. Mr. Vendena said he will be in full compliance within 30 days. In response to a question from Commissioner Harbert, Mr. Potter said staff could issue a letter of approval within five working days, and Mr. Vendena could then start construction. Mr. Vendena said that was satisfactory. Commissioner Kennedy moved to establish the Show Cause and allow 30 days for staff approval and full compliance. Mr. Barker said to establish the Show Cause, a Finding would need to be done on each issue. The motion died for lack of a second. Commissioner Harbert suggested to continue for 30 days and require full compliance at that time. Mr. Vendena said he was prepared to address each complaint today. Commissioner Kirby suggested postponing the Findings. Commissioner Harbert moved to continue said Hearing to October 30, 1991, at 10:00 a.m. Commissioner Webster seconded the motion. Mr. Vendena said he would not be available until the afternoon of the 30th. After discussion, Commissioner Harbert restated her motion to continue to November 6, 1991, at 10:00 a.m. , with Commissioner Webster agreeing. Mr. Barker clarified the continuance included all violations of the Operation Standards. Mr. Schuett said, for Mr. Vendena's information, the staff would need to inspect the property before that date. Commissioner Kennedy said he would vote against the motion because the plan was submitted at the last minute and he does not feel procedurally comfortable with that. Commissioner Kirby stated that all violations must be resolved by November 6. The motion carried four to one, with Commissioner Kennedy voting nay. 911128 C• P 1 Page 2 RE: HEARING CERTIFICATION - PERMAGREEN C/0 VENDENA This Certification was approved on the 30th day of September, 1991. APPROVED: ATTEST: djeuet BOARD OF COUNTY COMMISSIONERS ��III WELD COUN Y, COLORADO Weld County Clerk t f tthh Board 0 By: h , ��{��.�� Gord a airman Dep uty Clerk to the Board Geor a Kenn y, Pro-Tem TAPE 1191-27 Constance L. Harbert DOCKET 1191-52 G. W. Kirby PLO846 ) � oL W. H. �,�ebster 911128 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS c:??5�' DAY OF Atlyte `(lhchi , 1991 DOCKET # CSI = Sa. - 040 -I OX4 \4114-)C6-40.- DOCKET # DOCKET # DOCKET # DOCKET # PLEASE write or print your name legibly, your address and the DOC # (as listed above) or the name of the applicant of the hearing you are attending. . NAME ^ � ADDRESS 1 q� HEARING ATTENDING TY F. V NAr IciA_ 1 �� Lac /AtiADA_ pl " ^� � NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Zoning Ordinance, a public hearing will be held in the Chambers of the Board of County Commissioners of Weld County, Colorado, Weld County Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the time specified. All persons in any manner interested in the matter are requested to attend and may be heard. Should any interested party desire the presence of a court reporter to make a record of the proceedings, in addition to the taped record which will be kept during the hearing, the Clerk to the Board's Office shall be advised in writing of such action at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. BE IT ALSO KNOWN that the text and maps may be examined in the office of the Clerk to the Board of County Commissioners, located in the Weld County Centennial Center, 915 10th Street, Third Floor, Greeley, Colorado. DOCKET NO. 91-52 Permagreen c/o Roxy F. Vendena 5520 Harlan Arvada, CO 80002 DATE: September 25, 1991 TIME: 10:00 A.M. REQUEST: Hearing to SHOW CAUSE for revocation of Special Use Permit #654 LEGAL DESCRIPTION: Part of the NE'-t of Section 24, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado ISSUES: 1. Whether or not the uses currently conducted on the site are in violation of Operation Standard #4 which states: "The applicant and/or operator shall implement a runoff containment program for the Use by Special Review area as approved by the Department of Planning Services." 2. Whether or not the uses currently conducted on the site are in violation of Operation Standard #5 which states: "The applicant shall comply with the design standards for the Use by Special Review, Section 24.5 et seq. , of the Weld County Zoning Ordinance. " Section 24.5.1.5. 1 of the Weld County Zoning Ordinance states: 04 '1 ,711 Pk O8Y(D "Storm water retention facilities shall be provided on site which are designed to retain the storm water runoff from the fully developed site from a 100 year storm. " 3. Whether or not the uses currently conducted on the site are in violation of Operation Standard #6 which states: "The applicant shall comply with the Operation Standards for Uses by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance." Section 24.6.1.6 of the Weld County Zoning Ordinance states: "Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS." 4. Whether or not the uses currently conducted on the site are in violation of Operation Standard 117 which states: "Representatives or members of the Weld County Health Department and Weld County Department of Planning Services shall be granted access onto the site at any reasonable time in order to insure the operations carried out on the site comply with the Development Standards stated hereon and all applicable Weld County Regulations." 5. Whether or not the uses currently conducted on the site are in violation of Operation Standard 118 which states: "The Use by Special Review shall be limited to the plans shown hereon and governed by the Standards as stated above and all applicable Weld County Regulations. Any material deviations from the plans and/or Standards as shown or stated above 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 and/or Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services." 6. Whether or not the uses currently conducted on the site are in violation of Operation Standard #9 which states: "The property owner and/or operator of this operation shall be responsible for complying with all of the above-stated standards. Noncompliance with any of the above stated Standards may be reason for revocation of the Permit by the Board of County Commissioners. " BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO BY: DONALD D. WARDEN WELD COUNTY CLERK TO THE BOARD BY: Carol A. Harding, Deputy DATED: August 28, 1991 PUBLISHED: September 12, 1991, in The New News 211.1 `:' :1 ,. L Lt... . . ,".i .,'. COI I NOTICE Pursuant to the zoning laws of the ._.� — n-� .• n. � ! State d Colorado and the Weld tCoouurnty Zoning Ordinance,a public Chemtiersng will:of the be held dof in theSTATE OF COLORADO ) Con missianers d WeldCopaty f{ . - Colorado, WeW County Centennial )G.S. 1—ft ' :, Cw@r, a15 lord S4eet. ell COUNTY OF WELD Fb� xeY• coloraao, at the • time specified. All persons in any manner interested In the matter are,earl. fed to attend and may David B. Reynolds, being duly sworn, anrintereeod pa oreaire says that he is publisher of make a�record octhhue prom e°edingy The New News, a weekly newspaper mncwui to be the a�to published in K burg in said County ORtcshall be Clerk the in�a and State; that said newspaper has a of such action at least five days prior to9 1 circulation in said County rerp the hearing. The snot d engaging a court re rter shall be by the ues'and has been eontinously and an Atsor"�cxo that the uninterru tell , in t and icepe may be to the P y • pub&iehed therein in the office d the clerk to the during a period of at least Board d county Commissioners, 'fifty located in the Weld County' �tMO consecutive weeks riot t0 Centennial Center 91510th Street, the first p IThhd FhwrO.91-52y,Colorado. publication of the annexed $enna!een a1s2 eraugre¢n c/o Rog F. � notice; that said newspaper is i Ve - 5520 Harlan - Arvada, newspaper within the meaning of the DATE: se mbar 25, 1991 TIME:act of the General Assembly of the RE UEST:°°A.M. to SHOW State of Colorado,, entitled "An Act IUsePermitNo..Of. d Special g LEGAL DESCRIPTION: Part d to regulate the printing o f legal l the North. Rage onf�Section 24, Township notices and advertisements, " and _ Weld ounce Col`raal"est amendments thereto; that the notice entlyW�ucteodr on � of which the annexed is a printed as are n ymola"°" cot Operation Standard No. 1 which states: 'The applicant and/or operator copy taken from said newspaper, was shall implement nt a runoff published in said newspapers and in a Special " w „ea D� ewer the regular and entire issue of I�°ie1°ywther�,. ttepertinent d l��1��,a��r�wy rem e pprnidppaa eyaa.a Mien el 2.currently con or not the uses pBke of Se the artmentS of every number thereof , currently iontluoted a the site planaiaa Cher Services.'a are in violation d Operation g, Whheether a not the uses 9hMard bot 5 wWch states: currently conducted un the site I The a licant shall comply with ere in violation d p��tlon once a week for the standards far the Use S rd No. a w�eTa�:w by I Review, Suction 21.5 et �erty successive weeks; that said notice aVerq eacilincet�he weld County Zoning opearao�twiPnlpeit coocen�yB�oan�Isla'Le Section 24.5.1.5.1 d the Weld r� t was so published in said newspaper Noce Hance kited standards. County Zoning Ordinance states: Noncompliance withand any d the proper and not in any supplement shall orm water retention af which reason a slated evocation of be thereof , and that the first presto r ai site which reason far a Board a the are designed m retain the storm permit by the Board d County water runoff from the (ally oners publication of said notice as developed site from a 100 year BOARD OF COUNTY aforesaid, as on the 3. Whether or not the uses COMMISSIONERS currently conducted on the site BY: COUNTY,_COLORADO are m violation of Operation BY: DONALD D.WARDEN Standard No. s which states: WELD COUNTY CLERK TO THE The applicant shag cam ly with BY: Car BOARD _ day of t • 19 • the Operehon Standards fPor eh DATED: °ty by Special Review, Section 24.8 et �a lad ae4., of the Weld County Zoning (a and the last on the )3- day of uramaSection 24.6.1.8 of the Weld County Zoning Ordinance states: Property shall be maintained in • _ f such a manner that grasp and , 19 J` teller then twelve c((12) inches. In no event shall the property owner allow the growth of NOXIOUS . 4. Whether or not the uses currently conducted on the site are in violation of Operation .-"Representatives tandard No. 7 which states: Subscribed and sw rn o before the w la°"mac unty�"'Heealth Department and Weld County me this �3�diy of ,..0k6.1-1,14-l- , �a�e�un�aleg onto lire Older to any reure asonable. times m operationscomply with t out a the site comply 19S. stated herhe eon Development all applicable a� Weld County Regulations. )�;` / 5• Whether con or not the uses iFU /Ll�c+c.s�os•^" are my conducted m the site are in violation of Omanes "The S�Use by 8 al Re states: by Special Review shall liehe urtutan m roe pass mown .1 n 'f r-I NI;::rth 15.4982 hereon and �ovemned by the y,C(1fT1T 9S:Gfi ,XF' P- Standards ass techbove w�etyll L...":. '.. Any material an amendm nt�d hie Pendt . bbyy the "old County Planning ..LPMMl4vian_ and the Board_.or Hello