HomeMy WebLinkAbout20091192.tiffRESOLUTION
RE: ACTION OF THE BOARD CONCERNING REQUEST TO WITHDRAW SITE SPECIFIC
DEVELOPMENT PLAN 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, by Resolution #2006-2483, dated September 27, 2006, the Board of County
Commissioners approved the application of Tire Recycling, Inc., 12311 Weld County Road 41,
Hudson, Colorado 80642, for a Site Specific Development Plan 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 on the following described real estate, being more particularly 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, on May 13, 2009, the Board was been presented with a request from Dwain
Immel, President of Tire Recycling, Inc., to withdraw said application, as the permit is no longer
needed and the plat has not been recorded, and
WHEREAS, at said meeting the Board deemed it advisable to continue the matter to May 20,
2009, to allow the Departments of Planning Services and Public Health and Environment adequate
time to review the applications, Conditions of Approval, and Development Standards for the original,
First and Second Amendments of Use by Special Review Permit #842, to determine whether
recycling and shedding are allowed, and
WHEREAS, the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the evidence presented in this matter and,
having been fully informed, finds that the existing, approved permits do not allow recycling and
shredding, therefore, the request to withdraw Third Amended Use by Special Review Permit #842
be, and hereby is denied and the applicant is directed to complete the outstanding items of
noncompliance and record the plat.
2009-1192
/ ,PL0456
eY?4 ?/07
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request of Dwain Immel, President of Tire Recycling, Inc., to withdraw the
application for a Site Specific Development Plan 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, on the parcel of land described above be, and hereby is, denied.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of May, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD J.UN COLORADO
ATTEST:
Weld County Clerk to the Boar
BY:
Deputy CI: rk to the Board
APPROVED AS TO FORM:
2,A-Cou j}ty Attor(aley
Date of signature: Cry %`/G
/ 7
F. Garcia, Chair
arbapKirkmeyer
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David E. Long
2009-1192
PL0456
Attu,
Wilk
COLORADO
MEMORANDUM
TO: Board of County Commissioners
FROM: Jacqueline Hatch-Drouillard, Planner
SUBJECT: Tire Recycling Inc, Dwain Immel
May 10, 2009
Withdraw 3rd AMUSR-842
The Department of Planning Services has received the attached letter dated April 29, 2009 from
Dwain Immel President of Tire Recycling Inc. Mr. Immel is requesting that 3rd AMUSR-842 be
Withdrawn.
Background information:
Legal Description: Lots A and B of RE -1367; being part of S2 N2 SE4; the S2 S2 SE4; and
the N2 S2 SE4 all being in Section 32, T3N, R65W of the 6th P.M., Weld
County, CO.
Location: West of and adjacent to County Road 41 and north of and adjacent to
County Road 26 section line
3rd AMUSR-842: 3rd AMUSR-842 was approved by the BOCC on September 27, 2006 for
an Amended Site Specific Development Plan and a Special Review
Permit for a solid waste disposal site and facility (commercial junkyard
and salvage yard including tire landfill, storage, shredding and recycling
facility), heavy manufacturing - processing facility (cryogenic processing —
crumb rubber) and a mobile home for housing in the 1-3 Zone District.
Parcel number: 1213 32 000019, 1213 32 000020, 1213 32 000024 and
1213 32 000023
Concrete on site
On April 30, 2009 Staff from the Department of Planning Services conducted a site inspection to
verify that the concrete previously on site had been removed. On April 30, 2009 there was no
concrete on site. Please see attached photos.
Financial Insurance
On May 10, 2009 the Department of Planning Services received a letter from Charles Johnson
with the State of Colorado Department of Public Health and Environment stating that the
Financial Insurance has been reviewed and accepted.
The Department of Planning Services is requesting that the show cause be dismissed and an
abatement of the suspension. Attached are correspondences that have been received during
the suspension.
2009-1192
TRI Tire Recycling, Inc.
12311 Weld County Rd 41
Hudson, CO 80642
Phone: 303-536-0223 Fax: 303-536-4156
April29, 2009
Bill Garcia, Chair
Weld County Commissioners
915 Tenth Street
Greeley, CO 80632
RE: USR #842 Permit for Tire Recycling, Inc.
Dear Bill:
Phone: 970-336-7204
Fax: 970-352-0242
Per my discussion with Thomas Honn and as a follow up with the Weld County
Commissioners meeting today, Tire Recycling, Inc. is formally vacating out previous
Third Amended USR 842 Permit application with Weld County.
In the event we decided to pursue some other activities that will necessitate amending our
Second Amended USR Permit #842, we will work with the Weld County Planning
Department and Staff to amend this permit to accommodate these future activities.
We will continue to operate under the terms and conditions of the Second Amended USR
Permit #842 previously approved by the Weld County Commissioners until further
notice. Hopefully this clears up any issues related to our compliance with the Third
Amended USR Permit application by eliminating it for the time being.
Our long term goals and objectives for the Hudson tire landfill site are to ultimately
recycle all of the scrap tires that are currently stored in open pits/cells on the property.
However, until such time as we finalize funding and ascertain which type of tire
recycling activity we are going to pursue to ultimately recycle these tires, we will
continue to operate under the Second Amended USR Permit #842.
If you have any questions, please call me to discuss. If you need to reach me, the best
way to track me down is on my cell phone at 303-638-7150.
Regards,
Tire R 'ng,
wain Immel, President
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