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Home My WebLink About20092923.tiffHEARING CERTIFICATION DOCKET NO. 2008-02.H RE: 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./MAGNUM D'OR A public hearing was conducted on November 4, 2009, at 10:00 a.m., with the following present: Commissioner William F. Garcia, Chair Commissioner Douglas Rademacher, Pro-Tem Commissioner Sean P. Conway - EXCUSED Commissioner Barbara Kirkmeyer Commissioner David E. Long Also present: Acting Clerk to the Board, Jennifer VanEgdom County Attorney, Bruce Barker Planning Department representative Kim Ogle Health Department representative, Troy Swain Public Works representative, Don Carroll The following business was transacted: I hereby certify that pursuant to a notice dated December 20, 2007, and duly published December 26, 2007, in the Fort Lupton Press, a public hearing was conducted on January 9, 2008, 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., at which time the Board deemed it advisable to continue the matter to March 12, 2008, then to June 25, 2008, then to August 27, 2008, then to November 19, 2008, then to February 25, 2009, then to April 29, 2009. At said hearing on April 29, 2009, the Board deemed it advisable to issue a 90 -day suspension of all operations at the facility until July 29, 2009, unless the facility owner/operator provided evidence of compliance prior to the end of said suspension. On July 29, 2009, the Board deemed it advisable to continue the matter to November 4, 2009, to allow the applicant adequate time to obtain approval of, and complete the closing on, the sale of the property, and allow the future owner to complete and 2009-2923 %/ hPL0456 oicrj HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC./MAGNUM D'OR (2NDAMUSR #842 AND 3RDAMUSR #842) PAGE 2 record the plat for the Third Amended Use by Special Review Permit #842. At said hearing on November 4, 2009, Bruce Barker, County Attorney, made this a matter of record. Troy Swain, Department of Public Health and Environment, stated the Department has been repeatedly conducting inspections at the site, and the most recent on -site inspection was November 2, 2009. He confirmed staging areas and temporary pits are being constructed on the site, and the old tires on the site will soon be shredded for further processing or disposal. He further confirmed the necessary shredding equipment is located on the site, and it is expected that the required air permit will be received very shortly. He indicated the site is in substantial compliance with 3rdAmUSR-842, therefore, he recommends dismissal of the matter. Kim Ogle, Department of Planning Services, stated the Departments of Planning Services and Public Health and Environment have reviewed the case, and through discussions with the new operator, Magnum D'Or, it has been decided that all outstanding items of non-compliance have been corrected. He confirmed the new operator has recorded the plat for 3rdAmUSR-842, therefore, he also recommended dismissal of the matter. Carolyn McIntosh, Attorney, represented Magnum D'Or and confirmed the plat has been recorded, therefore, all conditions have been satisfied. She further confirmed the company is awaiting the final permit from the State for the air permit; however, a draft permit has been received. She indicated as soon as the final permit is received, the shredding operations will commence on the site. She further indicated the necessary equipment is located on the site, and staff is ready to get started. Chair Garcia expressed his appreciation to Ms. McIntosh and all of the representatives and employees of Magnum D'Or for the recent wonderful changes at the site, and Commissioner Kirkmeyer concurred. No public testimony was provided concerning the matter. Commissioner Long moved to dismiss the Show Cause Hearing concerning 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, previously issued to Tire Recycling, Inc., and currently held by Magnum D'Or, based on the finding of substantial compliance with Development Standards #3, #4, #5, #7, #8, and #23, of Second Amended Use by Special Review Permit #842. The motion was seconded by Commissioner Rademacher, and it carried unanimously. There being no further discussion, the hearing was completed at 10:10 a.m. 2009-2923 PL0456 HEARING CERTIFICATION - SHOW CAUSE HEARING FOR TIRE RECYCLING, INC./MAGNUM D'OR (2NDAMUSR #842 AND 3RDAMUSR #842) PAGE 3 This Certification was approved on the 9th day of November, 2009. APPROVED: ATTEST: ��,��, Weld County Clerk to the B BY BOARD OF COUNTY COMMISSIONERS ELD COUNTITC ADO Pro-Terrm eod Clerk t e Board EXCUSED Se P. Conway ccfi�rr/ „AAA_er a'rb Kirkmeyer / David E. Long 2009-2923 PL0456 EXHIBIT INVENTORY CONTROL SHEET Case SHOW CAUSE - 2nd AmUSR #842 and 3rd AmUSR #842 - TIRE RECYCLING, INC. Exhibit Submitted By A. Clerk to the Board B. Planning Staff Exhibit Description Notice of Hearing (Filed under Legals) Letter from Platteville/Gilcrest Fire Protection District, dated 12/17/2007 Applicant Memo re: Updated contact information, dated 12/28/2007 D. Colorado Department of Public Health and Environment Letter to Applicant re: Compliance Advisory, dated 07/22/2008 E. Platteville/Gilcrest Fire Protection District Letter re: Site Inspection, dated 08/26/2008 F. Health Staff Memo and Photos re: Site progress, dated 11/18/2008 G. Anonymous Financial documents pertaining to applicant, received 02/20/2009 H. Platteville/Gilcrest Fire Protection District Site Inspection Update, dated 02/19/2009 Planning Staff E-mail and Letter re: Items to be addressed, dated 04/21/2009 Planning Staff E-mail with Comments from Platteville/Gilcrest Fire Protection District, dated 04/29/2009 K. Applicant E-mail re: Compliance Issues, dated 04/29/2009 Applicant E-mail re: Letter requesting Vacation/Withdrawal of 3rd AmUSR-842, dated 05/01/2009 M. Planning Staff Memo and documents re: Compliance, Abatement of Suspension, and Dismissal of Show Cause, dated 05/10/2009 N. Planning Staff E-mail re: Response to Applicant Request re: landscaping, dated 05/27/2009 Planning Staff E-mail from Applicant re: Property replat, dated 05/26/2009 P. Planning Staff E-mail from Troy Swain re: Tire delivery from Cripple Creek and Victor Mining Company, dated 05/27/2009 Q. Planning Staff E-mail from Gary Horton re: Status of Tire delivery, dated 05/27/2009 R. Planning Staff E-mail between Charles Johnson and Applicant, dated 05/28/2009 S. Planning Staff E-mail re: Site Photos of alternate storage, dated 05/28/2009 T. Planning Staff E-mail from Bruce Johnson to Applicant re: Authorities, dated 05/28/2009 U. Planning Staff E-mail re: Applicant clarification, dated 05/28/2009 V. Planning Staff E-mail and Site Photos, dated 05/28/2009 W. Planning Staff Response from Tom Honn, dated 05/28/2009 X. Planning Staff E-mail re: Plan of Action, dated 05/28/2009 Y. Planning Staff E-mail from Harrie Lewis, dated 06/03/2009 Z. Planning Staff E-mail re: Trustee Info, dated 06/05/2009 AA. Planning Staff E-mail response re: Trustee contact, dated 06/05/2009 BB. County Attorney E-mail from Harrie Lewis, dated 06/07/2009 CC. Planning Staff E-mail from Dwain Immel re: Tire storage (trailers), dated 06/11/2009 DD. County Attorney E-mail re: Agenda Schedule for 06/15/2009, dated 06/12/2009 EE. Planning Staff E-mail correspondence w/ State Health Dept, dated 06/12/2009 FF. Planning Staff E-mail and photo re: tire storage in Adams County, dated 06/12/2009 GG. Planning Staff E-mail and photos re: issue of non- compliance, dated 06/16/2009 HH. Planning Staff E-mail and photos re: Lifting Suspension, dated 06/19/2009 II. County Attorney E-mail from Harrie Leads re: Continuance, dated 07/17/2009 JJ. Applicant Postcard of updated address KK. Health Staff E -Mails containing updates, dated 11/3/2009, and six accompanying photos LL. Planning Staff Memo re: Recommendation of Dimissal, dated 11/03/2009 MM. ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 4TH DAY OF NOVEMBER, 2009: ci C G) C C V C4 N H N T pip c a w E 7 Eci Q 0 'O C I- d CL c c • et u) N Q —• w CD TJ H y r C d ,sw L p C C c L 7 (p • I gI N M et CO 01 01 C3 CD CD CD CD CD N N N YYY O • 00 O OO PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip V Cc , l� �1\ Nti 1.( C� D)v` Jp �� Sj 0 - CO 3WVN John Doe 1 `-.' 'ir ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 29TH DAY OF APRIL, 2009: W H w cc C) z 0 U 0 Li x z� } z°Q j W U� wU ceJ H uj N Y 6g Q z UOZ O0 re 0 N • N 00 O7 ik ;k LIJ O • 0 O 0 PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip 1 o nC -- 1) {j, \i.. <•c, "' cat a bc O S G J (s/k.,`.' &� v �; tr4 , liJ "N-- 'n o _� John Doe J ,„ c:_,, J j) .., ),q cv, ,3- 41 ' lyi \ \‘ 2 Q z f, _ 1, ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2009: C) • C) C U v co y CO C c N tU y c N � 7 •O U co J O v t N oi O O o NN I- 0 00 a A Y N O. O U v c co d E A c I- - C a O • Y T 0I d w ww J 0. John Doe 123 Nowhere Street, City, State, Zip e�'TT dY7c> S / oc> Lai jLA-i-cr crs crG‘/s-- / mZl_LF P t/- MAPLE. AVE em-f7PJ 7<nC.l.s \Th � N a ,C „•\- , 'S � ., °i , 1 � qo S S wcQ 3 5 et? Aar r,9 Bec ,K\ , v i° A k, q aa 6 , Jo -� 0 C) , � + Tic,NIv 34 ,L „J • V U ,. - , -. ., -3 ,..9 ,..3 1--4 N 4 1 a ,r -1 r` n, 0 Q `y. fn - !1 a9^ (J v r L, L. t 'V1 N ' 6 N , h' Q r ul S v `� \ `C w Q y s� `S 1 �� c�---- s•, 1� E \� ��F\(�j 1 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF JANUARY, 2008: J J to E C ci d c= rn� c c . co d0- — te N 0 c � 3 £ Q 0 O c = o No co • ou 00 4 O • 0 O O PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, ZipI n^ Ivp v i 1:1M ~� f t% LTht QC M ` �J O V O0 \ CJ v o " t O G J J ,, ., 4 c N7 > Y \ \.1t ✓i \n,�,� a V' O a v l3 r �` 1-3 ,,c‘ 01\CA 1�s C2 rIS a- �Cr C\1 ... o4.,c\i NAME John Doe 9 w_ F. NJ (M≥$1 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 9TH DAY OF JANUARY, 2008: O -J J co. E`a LL c= C c c A c c ce N • • d to F 'c 7 w E • E 3 aV U 3d o c u) • 6". 0co co 00 �� I — Y Y 0 • G PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip , A _ ^ i eS to �r• t Z �, w Z 1 II �l: 31, V1 €A �\A4 �J J � N. $) gyp} J 2 tS /`} ccc—jjj»l cc vi •W c cpp r' Y no/ �G4A r1 pw V t o pgc)^ N N 1 k1 4 �L a r / `c •.4 r q -. Cry CF o .--..a 14 oo John Doe vi v ,2 v\ D 5 t I `3 ,,n C.. w-3I� ZZ—C Q C ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 12TH DAY OF MARCH, 2008: Y J Q c0 Co c >. U U N m t 0 i= U w o - UR O -c X m 2 O N CO CO 00 O O NN Y Y 00 O PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip r � N r ,_ : , 1 N. ,� > n �l riv` c V-- -1,31N C v r, � O rvN.J ,. ,l\--: ,Y a �I �� c\ rN �l nl N. C\ ,x� C:: r \ < e - v `- � y ,; � 2 tea, . 'J 3 0 w 'x v rs , \ ,/� h -- ` cam• , — ^f d. - t .f c �� c--, NAME John Doe —r vi v I._ _ a -J \ate J < 1 <-� 2 \ - \'\, ' `-," ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JUNE, 2008: U C 103 Li c a c U c y T• D r O CO IX U N i 73 H H J � y w w rC) 3 N CU c U C m 0 s O • Q E fn m O ~ M 'R OS IL co % 000 O OO PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip 3 o �2 t ti -. NR `" -- " C vrca a �= tote' .1- 0 ° .� d , co w s !CS © vi .� �, (\ �` n < iMfl1 ,� v �` , n Jn r C U' r.(, m$ .. V � r v John Doe ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JUNE, 2008: C I- -a• ° dra c d u c i,- a• m N 12 L L H I- 3 L W y A o 1< a a O —a N 30n • dE NFU O M 03 00 uo CV N• CV N 0 000 O 0 0 PLEASE legibly write or print your name and complete address. U) � 0 123 Nowhere Street, City, State, Zip o cis t,c 6\ 1 n a N C , q N- ( I z. Nr� 44 (`i G V ‘ 1 Q �l \\Cl '� \�� - ti N. ii N `1 NAME John Doe I .,L ,. J S� 1 0 O 0 w ATTENDANCE HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF JUNE, 2008: ci C 0 -a° C m c7) d T- w N m y N d 2 A F F 7 w W H U QC 0 0'a O a a N U m . O MCO 03 03 V N C1 III U.1 111 000 0 0 0 PLEASE legibly write or print your name and complete address. y 10 123 Nowhere Street, City, State, Zip O J J k s (N^ f\ 3 N 9 car, T (41 U Yi tic John Doe pi G.;•,-:--„,� zIa Z -.t .T• r _— IC -- S ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 27TH DAY OF AUGUST, 2008: DOCKET #2008-02.B - TIRE RECYCLING, INC. PLEASE legibly write or print your name and complete address. 123 Nowhere Street, City, State, Zip \ / / / » ®€ / \ k‘t^ » ck \ � / a 2d / , \J/ \ NN / - / < / t.: s.)../ \: 2 N. d ^\ / - d { \ / 7 } \\�/ \ --? \ %. © , p:� ^ : ^� e \A % 3� iw N3 . ---\,' `N. \/ ®� : co - c \ 4 > \ ;� k 2 \ �CLiN « .©0 �k - / NAME John Doe L i\ 52\�� g I \� r' :(—V- Pc w /® / / � } . A }� � ittcsjej b:w't i`-nom\ ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 19TH DAY OF NOVEMBER, 2008: >- W J re • Z H >- N S Q Z Q W JVo C.) fa 0< CO UJ re CO re Ill O hod' 1 N CO O COco cO 03 it4it QUO 000 PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip �, i c O 0 t'X777111 in, �p PI C;3,*.cVe C. ,R *2 g v ; U1 (ii 3,e ?y V. :43 „� ' s i �I 1� i S ' 4 ` y .n ' �, • - �� r N\ C.2 - ...,:-43.,,, f -t `S.z. " r 9 v' o. A NAME John Doe 4,..2 ''q <3 • y c 1 C. :h: Y\ yvC,i1..'rti f,1.1 `7 s ti ti� ,YJ 7 .y �� 4 �L :. N s' c a .� / 4 ATTENDANCE RECORD HEARINGS ARE AS FOLLOWS ON THIS 25TH DAY OF FEBRUARY, 2009: V C 0 C T V O7 2 a 9! U) Q M U C Ca d ct N dU N C N 07 C • C 03 ✓ 0 o0 t y 3 m, O o 0001 * lt UI- LL IL O OG PLEASE legibly write or print your name and complete address. ADDRESS 123 Nowhere Street, City, State, Zip C z Lb , 1 , G � -- `v� 1 16 N C A.I. IC- NAME John Doe c ri 0 Hello