HomeMy WebLinkAbout20073153 RESOLUTION
RE: ACTION OF BOARD AT PROBABLE CAUSE HEARING CONCERNING SECOND AND
THIRD AMENDED USE BY SPECIAL REVIEW PERMITS, 2NDAMUSR-842 AND
3RDAMUSR-842 - 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 the 8th day of October, 2007, a Probable Cause Hearing was held before
the Board to consider setting a Show Cause Hearing to determine whether or not Tire Recycling,
Inc., 12311 County Road 41, Hudson, Colorado 80642, do Dwain Immel, 1801 Broadway, Suite
910, Denver, Colorado 80202, was in compliance with certain Conditions of Approval and
Development Standards contained in 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, as well as certain Conditions of Approval and Development Standards contained in 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, and
WHEREAS, the alleged violations were said to be occurring on property described as
Lots A and B of Recorded Exemption#1367; being part of the Si/251/25E1/4 and Ni/2S1/2SE 1/4
of Section 32, Township 3 North, Range 65 West of the 6th P.M., Weld County, Colorado, and
WHEREAS, after hearing testimony from the Department of Planning Services, the Board
finds that pursuant to the procedure as set forth in Chapter 2, Administration, of the Weld County
Code, there is sufficient probable cause to schedule a Show Cause Hearing to consider whether
or not said Amended Use by Special Review Permits should be revoked for failure to comply with
certain Conditions of Approval and Development Standards, and
WHEREAS,the Board shall hear evidence and testimony from all interested parties at said
Show Cause Hearing.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that a Show Cause Hearing be scheduled to determine whether or not Second
and Third Amended Use by Special Review Permits, 2ndAmUSR #842 and 3rdAmUSR #842,
issued to Tire Recycling, Inc., on October 22, 2003,and September 27, 2006, respectively, should
be revoked.
BE IT FURTHER RESOLVED by the board that the date for the Show Cause Hearing shall
be January 9, 2008, at or about 10:00 a.m., in the First Floor Hearing Room of the Weld County
Centennial Center, 915 10th Street, Greeley, Colorado.
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BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Development
Standards of 2ndAmUSR#842, as follows:
3. Storage cells shall be constructed for tire storage as follows:
a. Before construction of each cell, a ten (10) foot deep hole shall be
excavated near the center of the proposed trench area and shall be left
open for a minimum of three (3) days to determine groundwater depth. A
minimum of two (2) feet of separation shall be maintained between the
lowest elevation of the cell and the highest elevation of the groundwater.
b. Storage cells will be constructed in accordance with the facility's Design and
Operations Plan and Fire Safety Evaluation and Fire Control Plan, dated
April 28, 2003, and accompanying supplemental material.
c. No more than eight (8) cells shall be excavated and exposed or filled at a
time.
d. A minimum of fifty(50)feet shall be maintained between the top of each cell
to allow for an adequate firebreak and access.
4. Fire equipment access roads shall be a minimum of fifty(50)feet wide, capable of
providing access in all weather conditions and capable of supporting fire equipment
of 50,000 pounds.
5. Tires in the cells shall be stacked a maximum of four (4) feet above the fire lane
surface elevation or one(1)foot above the fire lane surface elevation for cells within
the 200-foot setback from oil and gas wells. An additional one (1) foot will be
allowed for unevenness of the tire surfaces. Steel posts will be installed to a height
of five (5) feet above ground elevation adjacent to and at the North-South center
point on both sides of each cell. The top one (1)foot(from four(4)to five (5)feet)
will be painted a bright color to allow for easier observation.
7. Tires received at the facility shall be placed into cells upon receipt. Tires stockpiled
above ground for processing and/or recycling shall be stockpiled for a time not to
exceed thirty(30)days. Above ground tire stockpiles shall not exceed ten (10)feet
in height and shall be separated by a minimum width of fifty (50)feet.
8. The facility shall comply with the facility's Fire Safety Evaluation and Fire Control
Plan and the requirements of the Platteville Fire Protection District at all times.
23. This facility shall comply with the laws, standards, rules and regulations of the Air
Quality Control Commission,the Water Quality Control Commission,the Hazardous
Materials and Solid Waste Division, and any other applicable agency.
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BE IT FURTHER RESOLVED by the Board that the issue to be considered at said Show
Cause Hearing is whether or not the permit holder is in compliance with the following Conditions
of Approval and Development Standards of 3rdAmUSR#842, as follows:
1. Prior to recording the plat:
A. The applicant shall address the requirements and concerns of the
Department of Planning Services regarding landscaping, as stated in the
referral response, dated December 30, 2005. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
The applicant shall submit a Landscape/Screening Plan that, at a minimum,
delineates the proposed and existing landscaping on the site for review and
approval. The applicant shall demonstrate how the proposed and existing
landscaping on the site will be watered. Evidence of a commercial well for
irrigation of the landscaping shall be supplied to the Department of Planning
Services.
B. The applicant shall submit a Property Maintenance Plan, in compliance with
Section 23-3-360.G of the Weld County Code, to the Department of
Planning Services for review and approval.
C. The applicant shall provide a Lighting Plan. Should exterior lighting be a
part of this facility, all light standards shall be delineated on the plat and be
in accordance with Section 23-3-250.B.6 of the Weld County Code.
D. The applicant shall address the requirements and concerns of the Platteville/
Gilcrest Fire Protection District, as stated in the referral response dated
January 27, 2006, including evidence that a copy of MSDS for all hazardous
materials has been forwarded to the Platteville/Gilcrest Fire Protection
District. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
E. The applicant shall address the requirements and concerns of the Weld
County Sheriffs Office, as stated in the referral response dated January 26,
2006. Evidence of such shall be submitted, in writing, to the Weld County
Department of Planning Services.
F. The applicant shall address the requirements and concerns of the Weld
County Department of Building Inspection,as stated in the referral response
dated January 19, 2006. Evidence of such shall be submitted, in writing, to
the Weld County Department of Planning Services.
G. The applicant shall complete all proposed improvements, including those
regarding landscaping, screening, access improvements, and parking lot
requirements,or enter into an Improvements Agreement According to Policy
Regarding Collateral for Improvements and post adequate collateral for all
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required materials. The itemized agreement and form of collateral shall be
reviewed by County staff and accepted by the Board of County
Commissioners prior to recording the plat.
H. The applicant shall attempt to meet with the Weld County Sheriffs Office to
discuss a security plan for the site free of charge.
A detailed amended Design and Operations Plan shall be submitted to the
Colorado Department of Public Health and Environment and the Weld
County Department of Public Health and Environment for review and
approval. The facility shall be constructed and operated in accordance with
the approved design. Evidence of approval shall be submitted to the
Department of Planning Services.
J. Evidence shall be submitted to the Weld County Department of Public
Health and Environment and the Colorado Department of Public Health and
Environment that demonstrates the recycling facility was constructed in
accordance with the approved design. Evidence of approval shall be
submitted to the Department of Planning Services.
K. All required Air Emissions Permits must be obtained from the Colorado
Department of Public Health and Environment,Air Pollution Control Division.
Evidence of such shall be submitted, in writing, to the Weld County
Department of Public Health and Environment. Evidence of approval shall
be submitted to the Department of Planning Services.
L. A Fugitive Particulate Emissions Control Plan (Dust Control Plan) shall be
submitted to the Weld County Department of Public Health and Environment
for approval. Evidence of approval shall be submitted to the Department of
Planning Services.
M. The applicant shall demonstrate, through a revised Design and Operations
plan, that all processed wastewater will be collected, disposed of, and/or
used in accordance with the Colorado Water Quality Control Commission
and U.S. Environmental Protection Agency regulations. Evidence of
approval shall be submitted to the Department of Planning Services.
N. Due to the increased number of employees,the existing septic system shall
be reviewed by a Colorado registered professional engineer. The review
shall consist of observation of the system and a technical review describing
the system's ability to handle the proposed hydraulic load. The review shall
be submitted to the Environmental Health Services Division of the Weld
County Department of Public Health and Environment. In the event the
system is found to be inadequately sized or constructed, the system shall
be brought into compliance with current regulations. Evidence of approval
shall be submitted to the Department of Planning Services.
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O. The plat shall be amended to delineate the following:
1) The approved Fencing/Screening Plan.
2) All sheets of the final plat shall be labeled: 3rd AMUSR-842.
3) Weld County Road 41 is designated on the Road Capital
Improvement Plan(County-Wide Road Impact Fee,Code Ordinance
Section 20-1-30) as a collector status road, which requires 80 feet
of right-of-way at full build out. There is presently 60 feet of
right-of-way. This road is maintained by Weld County.
4) Off-street parking, including access drives and fire lanes, shall be
surfaced with gravel or the equivalent, shall be graded to prevent
drainage problems, and shall be capable of handling the weight and
turning radiuses of any fire trucks/emergency vehicles.
5) A minimum of thirty(30) parking spaces shall be delineated on the
plat, and shall include accommodations that meet the requirements
of the American with Disabilities Act (ADA). Each parking space
shall include a curb stop; however, one curb stop centered over two
paring spaces is acceptable.
6) A loading area shall be delineated on the plat, per Section
23-3-350.D of the Weld County Code.
7) Signs, as approved, shall be delineated on the plat.
8) Areas used for sorting and processing tires shall be delineated on
the plat.
9) The approved Landscape/Screening Plan shall be delineated on the
plat.
10) The approved Lighting Plan shall be delineated on the plat.
11) The location of the dumpster shall be delineated on the plat. Areas
used for trash collection shall be screened from public rights-of-way
and all adjacent properties. These areas shall be designed and
used in a manner that will prevent trash from being scattered by
wind or animals, as outlined in Section 23-3-250.A.6 of the Weld
County Code.
2. Upon completion of Condition of Approval #1 above, the applicant shall submit a
Mylar plat, along with all other documentation required as Conditions of Approval.
The Mylar plat shall be recorded in the office of the Weld County Clerk and
Recorder by the Department of Planning Services. The plat shall be prepared in
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accordance with the requirements of Section 23-2-260.D of the Weld County Code.
The Mylar plat and additional requirements shall be submitted within thirty(30)days
from the date of the Board of County Commissioners Resolution. The applicant
shall be responsible for paying the recording fee.
3. In accordance with Weld County Code Ordinance#2005-7,approved June 1,2005,
should the plat not be recorded within the required thirty(30)days from the date of
the Board of County Commissioners Resolution, a $50.00 recording continuance
charge shall added for each additional three (3) month period.
4. The Department of Planning Services respectfully requests the surveyor provide a
digital copy of this Third Amended Use by Special Review. Acceptable CAD
formats are.dwg, .dxf,and.dgn(Microstation);acceptable GIS formats are ArcView
shapefiles, Arclnfo Coverages and Arclnfo Export files format type is .e00. The
preferred format for Images is .tif (Group 4). (Group 6 is not acceptable). This
digital file may be sent to maps@co.weld.co.us.
5. The Third Amended Use by Special Review activity shall not occur, nor shall any
building or electrical permits be issued on the property, until the Third Amended Use
by Special Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
Development Standard #19 - Storage cells shall be constructed for tire storage as follows:
a. Before construction of each cell, a ten (10)foot deep hole shall be excavated near
the center of the proposed trench area, and shall be left open for a minimum of
three days to determine groundwater depth. A minimum of two(2)feet separation
shall be maintained between the lowest elevation of the cell and the highest
elevation of the groundwater.
b. Storage cells will be constructed in accordance with the facility's Design and
Operations Plan and Fire Safety Evaluation and Fire Control Plan, dated April 28,
2003, and accompanying supplemental material.
c. No more than eight (8) cells shall be excavated and exposed or filled at a time.
d. A minimum of fifty (50) feet shall be maintained between the top of each cell to
allow for an adequate firebreak and access.
Development Standard #20 -Tires in the cells shall be stacked a maximum of four(4)feet above
the fire lane surface elevation, or one(1)foot above the fire lane surface elevation for cells
within the 200-foot setback from oil and gas wells. An additional one(1)foot will be allowed
for unevenness of the tire surfaces. Steel posts will be installed to a height of five (5)feet
above ground elevation adjacent to, and at, the North-South center point on both sides of
each cell. The top one (1) foot (from 4 to 5 feet)will be painted a bright color to allow for
easier observation.
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Development Standard #22 -Tires received at the facility shall be placed into cells upon receipt.
Tires stockpiled above ground for processing and/or recycling shall be stockpiled for a time
not to exceed 30 days. Above ground tire stockpiles shall not exceed ten(10)feet in height
and shall be separated by a minimum width of fifty(50)feet.
Development Standard #23-The facility shall comply with the facility's Fire Safety Evaluation and
Fire Control Plan and the requirements of the Platteville Fire Protection District at all times.
Development Standard #37 - This facility shall comply with the laws, standards, rules and
regulations of the Air Quality Control Commission, the Water Quality Control Commission,
the Hazardous Materials and Solid Waste Division, and any other applicable agency.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 8th day of October, A.D., 2007.
!% f
J COUNTY COMMISSIONERS
BOARD
COUNTY, COLORADO
ATTEST: r >' g • 1/49,� XCUSED
avid E. Long, Chair
Weld County Clerk to the
Am., / �+'..�.� William Jer Pro-Tem
BY: � IYl 1 Valli <� ��
De y Cler to the Boaf4
Will m F. Garcia
A FORM: �� rne7 9
Douglas Rademache
Date of signature: O3167
7
2007-3153
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