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Home My WebLink About911048.tiff- .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. RESOLUTION RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SPECIAL REVIEW PERMIT 11654 - PERMAGREEN, C/0 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 August 28, 1991, a Probable Cause Hearing was held before the Board to consider setting a Show Cause Hearing to determine whether or not Permagreen, c/o Roxy F. Vendena, was in compliance with certain Conditions of Approval and Development Standards contained in Special Review Permit 11654, and WHEREAS, the alleged violations were said to be occurring on property described as part of the NEq of Section 24, Township 1 North, Range 68 West of the 6th P.M. , Weld County, Colorado, and WHEREAS, the Board, after hearing testimony from the Planning Department, finds that pursuant to the Standard in the Administrative Manual there is sufficient probable cause to schedule a Show Cause Hearing to consider whether or not the Special Review Permit issued to Permagreen, c/o Roxy F. Vendena, should be revoked for failure to comply with certain Conditions of Approval and Development Standards, and WHEREAS, the Board shall hear evidence and testimony from all interested parties at said Show Cause Hearing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not the Special Use Permit issued to Permagreen, c/o Roxy F. Vendena, should be revoked. BE IT FURTHER RESOLVED by the Board that the issue to be considered by the Board at said Show Cause Hearing is whether or not the permit holder is in compliance with the following Conditions of Approval and Development Standards: Operation Standard 114: 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. Operation Standard 115: 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. PL0846 // nn 911048 Page 2 RE: SET SHOW CAUSE - PERMAGREEN, C/0 ROXY VENDENA Operation Standard 116: The applicant shall comply with the Operation Standards for Use by Special Review, Section 24.6 et seq. , of the Weld County Zoning Ordinance. Operation Standard 117: 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. Operation Standard 118: 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. Operation Standard 119: 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. BE IT FURTHER RESOLVED by the Board that the date for the Show Cause Hearing shall be September 25, 1991, at or about 10:00 a.m. , and the hearing shall be held in the First Floor Hearing Room of the Weld County Centennial Center, 915 10th Street, Greeley, Colorado. 911048 Page 3 RE: SET SHOW CAUSE - PERMAGREEN, C/0 ROXY VENDENA The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 28th day of August, A.D. , 1991. / � BOARD OF COUNTY COMMISSIONERS ATTEST: �j/(� WELD COUN Y, OLORADO Weld County Clerk to the Board Gord ac airman By: Deputy Clerk to the Bar Ge ge Ken y, Pro-Tem APPR.QVEp AS TO FORM: EXCUSED Constance L. Harbert / ,Ati �ounty Attorney C. W. Kirby 1;70 "A/V aith W. H 911048 PROBABLE CAUSE DATE: August 28, 1991 CASE ¢: ZCH-75 USR #: 654 NAME: Permagreen Roxy F. Vendena ADDRESS: 5520 Harlan Arvada, CO 80002 LEGAL DESCRIPTION: Part of the NE4 of Section 24, T1N, R68W of the 6th P.M. , Weld County, Colorado. It is the opinion of the Department of Planning Services staff, that the following Standards as approved for USR x/654 are not in compliance: The property is not in compliance with Operation Standards 4, 5, 6, 7, 8, and 9. Operation Standard #4 states: The applicant and/or operator shall implement a runoff containment program for the Use by Special Review are as approved by the Department of Planning Services. The property is not in compliance with runoff containment. The design and materials of the new berms appear to be inadequate to contain runoff. An engineered runoff containment plan is needed. Operation Standard #5 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. 24.5.1.5.1 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. No engineered storm water retention facilities exist to retain storm water runoff. 911048 CI � y. . s_'_ ,.. �e_ d Probable Cause - ZCH $654 Roxy F. Vendena Page 2 Operation Standard $6 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. 24.6.1.6 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. Grasses and weeds on the property exceed 12 inches in height along the perimeter of the Special Review permit site. Operation Standard #7 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. The property is not in compliance with the Weld County Health Department Standards. (See Health Department Notice of Violation dated June 20, 1991) . Operation Standard $8 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. The Operation has expanded onto the adjacent property to the south and the property is not in compliance with Operation Standards (/, 4, 5, 6, 7, and 9, as approved and no amendments to the Operation Standards have been made. Operation Standard #9 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. Based on the information, the Department of Planning Servies staff recommends that the Board of County Commissioners schedule a "Show Cause" public hearing on September 25, 1991 to consider revocation of USR x/654. DATE: August 28, 1991 VIOLATION NUMBER: ZCH $75 NAME: Permagreen Roxy F. Vendena ADDRESS: 5520 Harlan Arvada, CO 80002 LEGAL DESCRIPTION: Part of the NE4 of Section 24, TIN, R68W of the 6th P.M. , Weld County, Colorado. CASE SUMMARY June 20, 1991 Violation letter issued. June 28, 1991 Received a letter dated June 26, 1991, from Mr. Roxy Vendena. July 15, 1991 A letter was mailed to Mr. Roxy Vendena. July 26, 1991 Received a letter dated July 24, 1991, from Mr. Roxy Vendena to the State Health Department. August 8, 1991 The property was reinspected. The property is still not in compliance. August 13, 1991 Letter sent to property owner indicated that a probable cause hearing was scheduled. 01 1 "'1:Y rt to yr DEPARTMENT OF PLANNING SERVICES PHONE(303)3563000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 III ig C. COLORADO a S Ln 2 GJ N n O Om N W cc E I a d J .. oz m c O a PL- August 13, 1991 u' ¢ CO m a m m ;_ m> =i, v m U �¢ d C C a m o LL v m UW ¢ d q CQ y a ;p o a Roxy F. Vendena o. O 0 i v 0. L NU LL a m c"o' A u 5520 Harlan N LL g-o '. ti CO era m m so H' A o Arvada, CO 80002 a �� , A u. m a a≤ o y rL W zz x ggV� m> m a 0 m rcE E'c 0- 0 m o 0O 'in wi oI 2 m _2 Eo C° E Subject: 2CH #75 ¢ z cc JY Hn Q2 u =L '56 r1,1 e m d 0 t a d 2 , 2200 N N a a 0 o 0 0= 00 I- a ►umortesi-o'd'0'9'n • L961 'god '009E wio j s. Dear Mr. Vendena: Notice is hereby given that on Wednesday, August 28, 1991, at 9:00 a.m. , or as soon thereafter as the agenda of the Board of County Commissioners permits, the Board of County Commissioners of Weld County will hold a Probable Cause public hearing pursuant to Section 81 of the Weld County Zoning Ordinance. This meeting will take place in the Commissioners' Hearing Room, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. The purpose of this public hearing will be to review Case Number ZCH x/75 for compliance with the Operation Standards as approved by the Board of County Commissioners on February 20, 1985, to determine if probable cause exists to hold a hearing on revocation of USR #654. Inspection by representatives of this office have identified that you are not in compliance with Operation Standards 4, 5, 6, 7, 8, and 9. If it is determined at the public hearing that there is probable cause that you are not in compliance with USR x/654 the Board of County Commissioners will schedule a Show Cause public hearing to consider revocation of the Special Review permit. If you have any questions regarding this matter, please telephone. Respectfully, �1� �; A. Schuette Current Planner Cji li. '7,1-' s.. . ... .',i.. -. 9 oI & DEPARTMENT OF PLANNING SERVICES If° PHONE(303)358.4000.EXT.4400 91510th STREET GREELEY,COLORADO 80831 iiiipC. COLORADO June 20, 1991 Roxy F. Vendena 5520 Harlan Arvada, CO 80002 Subject: ZCH-75 Dear Mr. Vendena: An on-site inspection of your property was conducted on June 19, 1991, to determine if the Conditions of Approval and Operation Standards placed on your property at the time USR-654 was approved by the Board of County Commissioners are in compliance. The inspection revealed violations of Operation Standards # 2, 4, 5, 6, 7, 8, and 9. A copy of these items from the approved resolution are enclosed. The Use by Special Review area must be brought into compliance with the Operation Standards within 30 days from the date of this letter. Noncompliance will result in our office scheduling a Probable Cause Hearing before the Board of County Commissioners. If the Board determines there is sufficient probable cause to warrant further action, a Show Cause Hearing will be scheduled to consider revocation of the Use by Special Review permit. If you have information that may clear up this matter, please call or write. Sincerely, � 1rtE1eFi. Scftuert9 irif — ati i ,5- :CNSJLi 70SiS1A5i Efl FOR FEES �� m� m Current Planner c• = OWICYAL SERVICES = n QT.' Awi 2 n > s� cnm o o m f, e a m <y N�" X CI Z— x METJRN RECEIPT SERVICE r s _ G4.- 0Z:�C I T.y � 1%, enclosures � z 7 _ _ _ y r� i 1 v n _ m � �0. m zn T 1 _ »,,, _ tj N - 7. � a m Ss2 a l^, O A 74 i __ < , J m -T, m ' v i U3 _ n < Co N CO M jm em _. N 31.cz m Im I 13 t ., > r- 0.1. in--- .- P 387 472 720 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL PERMAGREEN c/0 ROXY F. VENDENA 5520 HARLAN ARVADA, CO 80002 =. 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