HomeMy WebLinkAbout20091141.tiff636
RESOLUTION
RE: ACTION OF BOARD CONCERNING REQUEST FOR ABATEMENT OF SUSPENSION
AND DISMISSAL OF 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
1111111111111111111111! 1111 11111111111 111 11111 IIII IIII
3629636 06/12/2009 11:00A Weld County. CO
1 of 2 R 0.00 D 0.00 Steve Moreno Clerk & Recorder
2009-1141
PL0456
007/e/0'f
(to 17L, Pw t/L , °f
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 May 13, 2009, Planning staff advised the Board that: 1) all issues of
noncompliance with Second Amended Use by Special Review Permit #842 have been corrected;
and 2) staff has received evidence of review and acceptance of the Financial Assurance by the
Colorado Department of Public Health and Environment; however, 3) prior action of the Board did
not accept the request to withdraw the application for Third Amended Use by Special Review
Permit #842, and the Conditions of Approval have not been finalized, therefore, the issues of
noncompliance have not been eliminated; and after hearing all testimony presented, the Board
deemed it advisable to deny the request for an abatement of the 90 -day suspension.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the request for an abatement of the 90 -day suspension be, and hereby is,
denied, and the Show Cause matter remains in effect.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 13th day of May, A.D., 2009.
ATTEST:
Weld County Clerk to the Bo
BY
Deputy Jerk to the Board
APPROVED AS TO FORM:
A
Counf4r Attor
Date of signature.
111111111111111111111111 I I111I 111111111 III 11111 I I l 11111
3629636 06/12/2009 11 00A Weld County, CO
2 of 2 R 0.00 0 0.00 Steve Moreno Clerk & Recorder
BOARD OF CO - TY COMMISSIONERS
WELD C•, t Y, OLORADO
SED
las Rademacher, Pro-Tem
Sea p P. Conway
ar ara Kirkmeyer
cdEO7David E. Long
2009-1141
PL0456
Hello