HomeMy WebLinkAbout20091038RESOLUTION
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 FORA 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
Lc 0) 4-7( t-
2009-1038
PL0456
a% S/C 5
SHOW CAUSE HEARING - 2ND AMUSR #842 AND 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
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that all activities permitted under 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., be, and hereby are, suspended for a period of ninety (90) days, 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.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 29th day of April, A.D., 2009.
ATTEST:
Weld County Clerk to the Boa
BA
De
flto
utv Clerkltd the Board
APPA v.
ounty Attorney
Date of signature. 511 ID1
David E. Long
BOARD OF COUNTY COMMISSIONERS
ELOT)I', COLORADO
(AYE)
F. Garcia, Chair
( or , . o / (NAY)
a/Radema er, Pro-Tem
Se wp P. Conway
ra�kmtgyer
A (NAY)
(AYE)
2009-1038
PL0456
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