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HomeMy WebLinkAbout20091791.tiffRESOLUTION RE: ACTION OF BOARD AT SHOW CAUSE HEARING CONCERNING SECOND AMENDED USE BY SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD INCLUDING TIRE LANDFILL, STORAGE AND RECYCLING FACILITY) AND A MOBILE HOME FOR HOUSING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT, AND THIRD AMENDED USE BY SPECIAL REVIEW PERMIT #842 FOR A SOLID WASTE DISPOSAL SITE AND FACILITY (COMMERCIAL JUNKYARD AND SALVAGE YARD, INCLUDING A TIRE LANDFILL, STORAGE, SHREDDING, AND RECYCLING FACILITY), MANUFACTURING/ PROCESSING FACILITY (CRYOGENIC PROCESSING/CRUMB RUBBER), AND A MOBILE HOME FOR HOUSING IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - TIRE RECYCLING, INC. 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 January 9, 2008, a Show Cause Hearing was conducted to consider revocation of Second Amended Use by Special Review Permit#842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard including tire landfill, storage and recycling facility) and a Mobile Home for Housing in the 1-3 (Industrial) Zone District, and Third Amended Use by Special Review Permit #842 for a Solid Waste Disposal Site and Facility (commercial junkyard and salvage yard, including a tire landfill, storage, shredding, and recycling facility), Manufacturing/Processing Facility (cryogenic processing/crumb rubber), and a Mobile Home for housing in the 1-3 (Industrial) Zone District, issued to Tire Recycling, Inc., 12311 County Road 41, Hudson, Colorado 80623, and WHEREAS, Tire Recycling, Inc., is the current owner of the facility located on property being further described as follows: Lots A and B of Recorded Exemption #1367; being part of the S1/2S1/2SE1/4 and N1/2S1/2SE1/4 of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, at said hearing on January 9, 2008, after hearing all testimony provided, the Board deemed it advisable to continue the matter to March 12, 2008, at 10:00 a.m., in order to allow a period of 60 days for the applicant to provide evidence of substantial compliance with Development Standards #3, #4, #5, #7, #8, and #23, of Second Amended Use by Special Review Permit #842, and WHEREAS, at said hearing of March 12, 2008, after hearing all testimony provided, the Board deemed it advisable to continue the matter to June 25, 2008, and then to August 27, 2008, and then to November 19, 2008, and then to February 25, 2009, and then to April 29, 2009, and oe 2009-1791 PL0456 SHOW CAUSE HEARING - 2ND/3RD AMUSR #842 - TIRE RECYCLING, INC. PAGE 2 WHEREAS, at said hearing on April 29, 2009, after hearing all testimony presented, the Board deemed it advisable to issue a 90 -day suspension of all operations at the facility, until July 29, 2009, at 10:00 a.m., with the understanding that the suspension may be lifted prior to said date if the following items are met: 1) the facility is brought into compliance with Second Amended Use by Special Review Permit #842; 2) the plat for Third Amended Use by Special Review Permit #842 be recorded or the application be withdrawn; and 3) evidence of approval of the Financial Assurance for the facility from the Colorado Department of Public Health and Environment be provided, and WHEREAS, on July 29, 2009, at the request of Tire Recycling, Inc., the Board deemed it advisable to grant a three-month continuance, to allow the applicant adequate time to obtain approval of, and complete a closing on, the sale of the property, and allow the future owner to complete and record the plat for the Third Amended Use by Special Review Permit #842. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Show Cause Hearing concerning revocation of Second and Third Amended Use by Special Review Permits #842, issued to Tire Recycling, Inc., be, and hereby is, continued to November 4, 2009. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of July, A.D., 2009. ATTEST: Weld County Clerk to th BY: /II/G /LJ%a-i Deputy Clerk APPR AS TO ,F5 y/ unty Attorne Date of signature: ri cl- 77w6/1 BOARD OF COUNTY COMMISSIONERS WELD CO , GQLORADO 'William F. Garcia, Chair �rx �r7 Dough Radealcher, Pro-Tem EXCUSED Sean P. Conway Fora Kirkmeyer David E. Long 2009-1791 PL0456 Hello