HomeMy WebLinkAbout910629.tiff RESOLUTION
RE: APPROVE CERTIFICATE OF DESIGNATION - ENVIRONMENTAL RECYCLING AND DISPOSAL
COMPANY, C/O TED ZIGAN
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 17th day of July, 1991, a public hearing was held in the
Chambers of the Board of County Commissioners of Weld County, Colorado, for the
purpose of considering whether to grant a Certificate of Designation to
Environmental Recycling and Disposal Company, c/o Ted Zigan, 2200 East 104th
Avenue, 11214B, Thornton, Colorado 80233, said site to be located on the
following described property:
The Wz of Section 28, Township 1 North, Range 68
West of the 6th P.M. , Weld County, Colorado
WHEREAS, at the hearing of July 17, 1991, said matter was continued to
July 22, 1991, at 1:30 p.m. , and
WHEREAS, Ted Zigan, applicant, was present, and represented by Arthur Roy,
Attorney, and
WHEREAS, this request for a Certificate of Designation was submitted in
conjunction with a request for a Site Specific Development Plan and Special
Review Permit for a environmental recycling and solid waste disposal site and
facility in the A (Agricultural) Zone District which was approved by the Board,
and
WHEREAS, Section 32-20-104, CRS, as amended, requires the Board to take
into account certain factors to approve a Certificate of Designation and, having
taken into account said factors, finds as follows:
1. The Conditions of Approval and Development Standards included in
USR 11925 will minimize the impacts on the surrounding property and
the area to the greatest extent possible. The Conditions of
Approval and Development Standards will also provide adequate
protection of the health, safety, and welfare of the inhabitants of
the area and the County.
2. The location of the solid waste disposal site will be convenient and
accessible to potential users. Access to the site is proposed from
Weld County Road 5. The County Engineer has reviewed the
application and recommended approval subject to a road improvement
and maintenance agreement for impacted Weld County roads. The
applicant has agreed to meet these requirements.
910629
QLuP)1-f l ,,
Page 2
RE: CERTIFICATE OF DESIGNATION - E.R.D. , C/0 ZIGAN
3. The applicant has demonstrated in the submitted application
materials an ability to comply with the health standards and
operating procedures of the Solid Waste Disposal Site and Facilities
Act, Title 30-20, Part 1, C.R.S.
4. The Colorado Department of Health and Weld County Health Department
have reviewed this request and have recommended conditional approval
of the proposed environmental recycling and solid waste disposal
site and facility.
5. The submitted application materials are in compliance with the goals
and policies of the Weld County Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Certificate of Designation for an environmental
recycling and solid waste disposal site and facility in the A (Agricultural) Zone
District for Environmental Recycling and Disposal Company, c/o Ted Zigan, on the
hereinabove described real property be, and hereby is, granted subject to the
following conditions:
1. The property shall be maintained in compliance with USR 11925, all
submitted applications materials on file with the Department of
Planning Services, and all requirements of the Weld County Health
Department and the Colorado Department of Health.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 22nd day of July, A.D. , 1991.
/� /��G BOARD OF COUNTY COMMISSIONERS
ATTEST: FC WELD COUNT , LORADO
Weld County Clerk to the Board (AYE)
Gord ac , rman
By: Deputy
erk to/r h Board
Geo EXCUgeDKennedy, Pro-Tem DATE OF SIGING (NAY)
APPROVED AS FORM: L�-t-it--" ,-xnete171. �
�j Constance L. Har ert
(AYE)
County Attorney C. W. Kirby /�
//(MA /1)1 C� (NAY)
W. H. We ster
910629
WELD COUNTY, COLORADO
CERTIFICATE OF DESIGNATION
In accordance with the provisions of Sections 30-20-101 through 30-20-115, CRS,
as amended, the Board of County Commissioners of Weld County, Colorado, hereby
grants a Certificate of Designation for an environmental recycling and solid
waste disposal site and facility in the A (Agricultural) Zone District.
Location of Site: The W; of Section 28, Township 1 North, Range 68
West of the 6th P.M. , Weld County, Colorado
Name and Address of Responsible Operator:
Environmental Recycling and Disposal Company
c/o Ted Zigan
2200 East 104th Avenue, #214B
Thornton, Colorado 80233
This Certificate of Designation may be temporarily suspended or revoked, after
reasonable notice and public hearing, for cause as outlined in Section 30-20-112,
CRS, as amended.
Issued this 22nd day of July, 1991, at Weld County, Colorado.
Signed:
Gor . L c hairman
Board of Coun Commissioners
S1.1 C
Cn. ;:
BEFORE THE WELD COUNTY, COLORADO, PLANNING COtaMS$IQN q jr 7,: M�
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISMNERS
TO .I __'� �.., .. . ,. ....
Moved by Jean Hoffman that the following resolution be introducted-fdr'pdssage
by the Weld County Planning Commission. Be it resolved by the Weld County
Planning Commission that the application for:
NAME: Environmental Recycling & Disposal Company, c/o Mr. Ted Zigan
ADDRESS: 2200 E. 104th Avenue, #214B
Thornton, CO 80233
REQUEST: A Certificate of Designation for an Environmental Recycling and
Solid Waste Disposal Site and Facility.
LEGAL DESCRIPTION: The W2 of Section 28, T1N, R68W of the 6th P.M. , Weld
County, Colorado.
LOCATION; South of and adjacent to the Town of Erie and Weld County Road 6;
east of and adjacent to Weld County Road 5.
be recommended unfavorably to the Board o£ County Commissioners for the following
reasons:
1. In accordance with Section 24.3.1.1 of the Weld County Zoning Ordinance,
the applicant has not demonstrated the proposal is in compliance with the
Weld County Comprehensive Plan. The proposed recycling and solid waste
disposal site and facility is located within the urban growth boundary
areas of the Cities of Broomfield, Thornton, and Northglenn and the Town
of Erie. The location of the proposed use requires the applicant to
demonstrate compliance with the urban growth boundary goals and policies
listed in the Weld County Comprehensive Plan. An urban growth boundary is
an area located within three miles of a municipality where future
municipal uses and services are planned. Weld County urban growth
boundary 3oals and policies are intended to allow the County and
municipalities an opportunity to coordinate plans, policies, and land-use
standards affecting orderly development. Through the County's referral
process, representatives from the Cities of Broomfield and Thornton and
the Town of Erie have indicated the proposed recycling and solid waste
disposal site and facility is not compatible with the future land-use
plans in this urban growth boundary area. Municipal representatives
within this urban growth boundary area have expressed concerns about the
regional character of the use, the location, and the compatibility with
existing and future land uses. As a result, the proposed recycling and
solid waste disposal site and facility is not in compliance with the Weld
County Comprehensive Plan.
2. The applicant has not demonstrated the proposed recycling and solid waste
disposal site and facility is compatible with existing surrounding land
uses as required by Section 24.3.1.3 of the Weld County Zoning Ordinance.
Carol Heights, Leisure Living, and Ranch Eggs are subdivisions located
east and southeast of the proposed use in unincorporated Weld County.
all; G
RESOLUTION, CERTIFICATE OF DESIGNATION
Environmental Recycling and Disposal Company
Page 2
These subdivisions contain approximately 72 residential home sites located
800 feet to a 1 1/4 miles from the proposed special review permit area.
The Erie Air Park is located within the Town of Erie, southwest of the
proposed use. This subdivision contains approximately 127 residential
home sites within 1 1/2 miles of the proposed special review permit area.
A regional solid waste disposal site and facility is not compatible with
the surrounding residential development. Potential negative impacts
associated with the proposed use include windblown trash, fugitive dust,
truck traffic, odor, and noise and visual pollution.
3. The applicant has not demonstrated the proposal will comply with Section
24.3.1.4 of the Weld County Zoning Ordinance. Section 24.3.1.4 requires
the proposed use to be compatible with future development of the
surrounding area as projected by the comprehensive plan or master plans of
affected municipalities.
The Broomfield City Council, in a letter dated September 20, 1990,
recommended denial of the proposed recycling and solid waste disposal site
and facility. A representative of the City indicated the proposed use was
not located in an appropriate area due to the high visibility of the
proposed site and the incompatibility of the proposed use with other
municipal uses planned for the area. In a letter dated January 28, 1991,
a representative of Broomfield explained the future land uses planned by
the City include a high quality office park west of I-25 along the north
side of State Highway 7, and residential development north of the planned
office park in the area of the proposed recycling and solid waste disposal
site and facility. In a public meeting on May 14, 1991, the Broomfield
City Council considered the Environmental Recycling and Disposal Company's
application and the City' s referral letter of September 20, 1990 and
reaffirmed a recommendation of denial.
The Erie Town Administrator, in letters dated October 3, 1990, February 1,
1991, and March 12, 1991, stated that Erie' s planning and zoning
commission recommended denial of the proposed use. Representatives of the
Town of Erie indicated the proposed use was not compatible with its
comprehensive plan and that residential and commercial uses were planned
in this area. The expansion of residential uses east of the Erie Air Park
and the expansion of Ranch Eggs were also projected as future development
that would be incompatible with the proposed recycling and solid waste
disposal site and facility.
The Thornton Planning and Development Manager, in a letter dated March 13,
1991, recommended denial of the proposed use because there is not an
immediate need for new landfill facilities in the area. The letter also
explained that the impacts to existing residential uses and growth
associated with the proposed E-470 Highway and the new international
airport should be studied before additional landfill sitings take place in
this area.
RESOLUTION, CERTIFICATE OF DESIGNATION
Environemental Recycling and Disposal Company
Page 3
4. In accordance with Section 45.4.2 of the Weld County Zoning Ordinance, the
applicant has not demonstrated a need for a recycling and solid waste
disposal site and facility in this area. There are two regional solid
waste disposal sites located and operating within one-half mile of the
proposed site. Based upon current use rates these two existing sites have
an estimated life expectancy of ten years.
Representatives of the Town of Erie are currently planning, with a private
developer, to site a regional solid waste disposal site and facility
approximately one-half mile north of the proposed site. This facility is
projected to have a 12.5 year life expectancy.
Representatives of the Town of Dacono are also currently planning, with a
private developer, to site a regional solid waste disposal site and
facility approximately 5.5 miles northeast of the proposed site. This
facility is projected to have a 20 year life expectancy. Based upon the
fact that there are 2 operating regional solid waste disposal sites in the
area and 2 regional solid waste disposal sites proposed by municipalities
in the area, the applicant has not demonstrated a need for this proposed
use.
Motion seconded by Bud Clemons.
VOTE:
For Passage Against Passage
Richard Kimmel Shirley Camenisch
Ann Garrison
Jean Hoffman
Judy Yamaguchi
Bud Clemons
Jerry Kiefer
The Chairman declared the resolution passed and ordered that a certified copy be
forwarded with the file of this case to the Board of County Commissioners for
further proceedings.
CERTIFICATION OF COPY
I, Sharyn Ruff, Recording Secretary of the Weld County Planning Commission, do
hereby certify that the above and foregoing Resolution is a true copy of the
Resolution of the Planning Commission of Weld County, Colorado, adopted on May
21, 1991.
Dated the 2 of ay, 1991
. y j n F. Ruff
Secretary
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