HomeMy WebLinkAbout910619.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT FOR AN
ENVIRONMENTAL RECYCLING AND SOLID WASTE DISPOSAL SITE AND FACILITY IN THE
A (AGRICULTURAL) ZONE DISTRICT - 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, the Board of County Commissioners held a public hearing on the
17th day of July, 1991, at the hour of 10:00 a.m. in the Chambers of the Board
for the purpose of hearing the application of Environmental Recycling and
Disposal Company, c/o Ted Zigan, 2200 East 104th Avenue, 112148, Thornton,
Colorado 80233, for a Site Specific Development Plan and Special Review Permit
for an environmental recycling and solid waste disposal site and facility in the
A (Agricultural) Zone District on the following described real estate, to-wit:
The W'-s , 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, Section 24.4.2 of the Weld County Zoning Ordinance provides
standards for review of said Special Review Permit, and
WHEREAS, the Board of County Commissioners heard all of the testimony and
statements of those present, has studied the request of the applicant and the
recommendations of the Weld County Planning Commission and all of the exhibits
and evidence presented in this matter and, having been fully informed, finds that
this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application
requirements of Section 24.7 of the Weld County Zoning Ordinance.
2. It is the opinion of the Board of County Commissioners that the
applicant has shown compliance with Section 24.4.2 of the Weld
County Zoning Ordinance as follows:
a. The proposal is consistent with the Weld County Comprehensive
Plan.
b. The proposal is consistent with the intent of the A
(Agricultural) Zone District.
910619
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RE: USR - E.R.D. , C/0 ZIGAN
c. The uses which will be permitted will be compatible with the
existing surrounding land uses.
d. The uses which will be permitted will be compatible with
future development of the surrounding area as permitted by the
existing zone, with future development as projected by the
Comprehensive Plan of the County.
e. That there will be compliance with the Weld County Zoning
Ordinance, Section 50, regarding Geologic Hazard Overlay
District.
f. The applicant has demonstrated diligent effort to conserve
productive agricultural land in the locational decision for
the proposed use.
g. There has been adequate provision made for the protection,
health, safety and welfare of the inhabitants of the
neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application for a Site Specific Development Plan and
Special Review Permit for an environmental recycling and solid waste disposal
site and facility in the A (Agricultural) Zone District on the hereinabove
described parcel of land be, and hereby is, granted subject to the following
conditions:
1. The attached Development Standards for the Special Review Permit
shall be adopted and placed on the Special Review plat prior to
recording the plat. The plat shall be delivered to the Department
of Planning Services and be ready for recording in the Weld County
Clerk and Recorder's Office.
2. The Special Review activity shall not occur nor shall any building
or electrical permits be issued on the property until the Special
Review plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
3. The applicant shall submit, prior to recording the Special Review
Permit plat, but no later than 6 months from the date of approval by
the Board of County Commissioners:
a. A performance agreement guaranteeing proper closure and
post-closure monitoring of the recycling and solid waste
disposal site and facility. The agreement shall outline the
costs associated with closure and post-closure monitoring.
This shall include sufficient funds for corrective action for
known releases (leachate and landfill gas) .
910619
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RE: USR - E.R.D. , C/0 ZIGAN
b. The Board of County Commissioners shall review and approve the
form of collateral and security tendered and accepted for the
closure and post closure monitoring agreement. This shall
include sufficient funds for corrective action for known
releases (leachate and landfill gas) . The minimum annual
contribution shall be automatically adjusted every two years
for the life of the post-closure care period of the facility.
The minimum annual contribution shall be adjusted based upon
the Consumer Price Index percent change by year statement.
c. A proposed off-site road maintenance and improvements
agreement. The agreement shall identify the type, costs, and
timing of all off-site road improvements and maintenance. The
agreement shall identify who pays and performs the off-site
road improvements and maintenance. The agreement shall be
supported by a traffic analysis, obtained by the applicant,
which estimates the traffic impacts of the proposed use on
Weld County Roads.
d. The Board of County Commissioners shall review and approve the
form of collateral and security tendered and accepted for the
off-site road maintenance and improvements agreement.
e. An amendment to the application demonstrating adequate water
service in terms of quality, quantity, and dependability is
available to the site to serve the permitted uses. The water
supply source shall be subject to approval by the Division of
Water Resources and the Weld County Health Department.
f. A complete set of building plans for the recycling facility,
maintenance building, and gate house shall be delivered to the
Mountain View Fire Protection District.
g. The applicant shall submit a copy of a signed agreement with
the Farmers Reservoir and Irrigation Company to the Department
of Planning Services' staff. The agreement shall address the
relocation and lining of the Community Ditch, the timetable
for the relocation, and the cleaning of debris from the ditch.
h. The Landfill Design, Operation, and Closure Plan application
shall be amended to include the recommendations for grading
and seedbed preparation, fertilization, seeding, and erosion
control in accordance with the September 5, 1990, letter from
the Boulder Valley Soil Conservation District.
i. Two sets of building plans and narratives for the recycling
facility, maintenance building, and gate house shall be
delivered to the Incident Management Section, Hazardous
910619
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RE: USR - E.R.D. , C/O ZIGAN
Materials and Waste Management Division of the Colorado
Department of Health.
j . The applicant shall amend the application by submitting a
contingency plan for the Phase II retention pond in the event
it fails during storm events. Acceptance of the plan is
subject to review and approval by the Colorado Department of
Health and Weld County Health Department.
k. The applicant shall amend the application to include a plan
for handling and disposing of hazardous household waste.
Acceptance of the plan is subject to review and approval by
the Colorado Department of Health and Weld County Health
Department.
1. The applicant shall amend the application to state that
stainless steel shall be used for the outside protective
casing for the sump access riser.
m. The applicant shall amend the application to include a
contingency plan for any perched water conditions encountered
during excavation. Acceptance of the plan is subject to
review and approval by the Colorado Department of Health and
Weld County Health Department.
n. The applicant shall amend the application to include a ground
water monitoring plan. The plan shall include a ground water
monitoring plan that allows sufficient time to document
perched water conditions before and after the relocation of
the Community Ditch. Acceptance of the plan is subject to
review and approval by the Colorado Department of Health and
the Weld County Health Department.
o. The applicant shall amend the application to include a plan
for controlling fugitive dust. Acceptance of the plan is
subject to review and approval by the Weld County Health
Department.
P- The applicant shall amend the application to include plans for
expanding the recycling facility as identified in the
application materials. Acceptance of the plan is subject to
review and approval by the Department of Planning Services.
q. The applicant shall submit a map identifying the legal
description, address, and property owner of each lot or parcel
that is included in the terms of the signed July 11, 1991
agreement between the Ranch Eggs Neighborhood Association,
Inc. , and Mid-America Waste Systems, Inc.
910619
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RE: USR - E.R.D. , C/0 ZIGAN
r. The applicant shall amend the application to include a
landscape plan for the recycling facility, maintenance
building, and gate house and a screening plan for the outdoor
storage of recycled material. The view of the storage area
shall be screened from Weld County Road 5 and Weld County
Road 6. Acceptance of the landscape and screening plan is
subject to review and approval by the Department of Planning
Services.
s. The applicant shall develop a plan for methane gas recovery.
Acceptance of the plan is subject to review and approval by
the Colorado Department of Health and Weld County Health
Department.
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.
' / ((///���/��/� BOARD OF COUNTY COMMISSIONERS
ATTEST: gratil_ `,A''.',!«A WELD CO T , COLORADO
Weld County Clerk to the Board g (AYE)
Gor La airman
By: �l at, k_Wk.Pp� v:;( ``
Deputy C rk to the Board Geor e�, Pro-Tem f�
APPROVED AS 0 FORM:
Constance L. Harber
(AYE)
County Attorney C. W. Kirby /g J
/�
k 'v W 711/1 6'GI .2C NAY)
W. H. Webster
910619
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ENVIRONMENTAL RECYCLING AND DISPOSAL COMPANY, C/O TED ZIGAN
USR-925
1. The Site Specific Development Plan and Special Review Permit is for an
environmental recycling and solid waste disposal site and facility to be
operated from 6:00 a.m. to 8:00 p.m. , Monday through Saturday. The
facility shall be operated in accordance with the application materials on
file with Weld County, and subject to the Development Standards stated
herein. The applicant and/or operator shall be responsible for
constructing and operating in compliance with minimum standards pertaining
to the Colorado Solid Waste Disposal Sites and Facilities Act and
applicable Federal Laws. The applicant and/or operator shall be
responsible for complying with the terms of the agreement signed on
July 11, 1991, between the Ranch Eggs Neighborhood Association, Inc. , and
Mid-America Waste Systems, Inc. , except that Item Numbers 6 and 7 of the
agreement are excluded from these Development Standards. Weld County is
not a party to the agreement and is not intending to create any third
party beneficiaries as a result of incorporating any part of the agreement
of July 11, 1991.
2. Approval of this plan may create a vested property right pursuant to
Article 68 of Title 24, C.R.S. , as amended, provided all Standards and
Conditions are in compliance.
3. The recycling facility shall be constructed and operational before any
waste materials are accepted at the site.
4. Only non-hazardous and non-radioactive household, industrial, and
commercial solid waste approved by the Colorado Department of Health and
Weld County Health Department shall be accepted. No liquid waste of any
nature, including semi-solid sludges, domestic sewage sludge, and domestic
septic sludge shall be accepted.
5. A manager, knowledgeable in operating a solid waste disposal site and
facility, shall be on the site Monday through Saturday from 6:00 a.m. , to
8:00 p.m. An up to date list of all managers shall be provided to the
Weld County Health Department.
6. The maximum size of the working face of the disposal site shall not exceed
150 feet in width and 12 feet in depth at any point in time.
7. All waste received at the facility shall be inspected by all practical
means available to insure appropriate wastes are being disposed at the
facility.
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RE: DEVELOPMENT STANDARDS - E.R.D. , C/0 ZIGAN
8. There shall be a single point of ingress and egress to the facility
located on Weld County Road 5. The approved off-site road maintenance and
improvements agreement shall identify the haul route. Weld County Road 7
shall not be used as a haul route. The main haul route shall be from
State Highway 7 along Weld County Road 5. The secondary haul route shall
be from State Highway 52 along Weld County Road 5.
9. All soil liners used for landfilling approved waste materials shall, when
in place, have a final permeability equal to or less than 1 x 10 cm/sec.
The construction of each soil liner segment within a module shall be
supervised and certified by a Colorado Registered Professional Engineer.
The supervising engineer shall prepare a map showing the location of the
liner segment within the module under consideration. The map shall also
show the location of liner segments that have been previously approved.
The supervising engineer shall prepare a soil liner construction report
certifying each liner segment complies with the quality assurance plan and
construction was performed in conformance with design criteria and the
project plans and specifications. The report shall also identify any
fault location and evaluate conditions discovered during excavation.
Additional monitoring and permeability evaluations may be required of
fault locations. Each soil liner certification report and map shall be
reviewed and approved by the Colorado Department of Health and Weld County
Health Department before the liner segment can be used for landfilling.
10. The facility shall be operated in a manner which protects against surface
and ground water contamination. The facility operator shall implement the
ground water monitoring plan approved by the Colorado Department of Health
and Weld County Health Department. The analytical method and statistical
evaluation of ground water monitoring data shall comply with Section
2.2.3(b) and (c) of the Solid and Hazardous Waste Disposal Sites and
Facilities Regulations contained in the Colorado Code of Regulations, 6
CCR 1007-2. Carbonate and cation-anion balance shall be included as part
of the ground water monitoring program.
The applicant shall also analyze leachate for the following parameters:
total organic halides, chemical oxygen demand, total petroleum
hydrocarbons, total phenols, pH, and specific conductivity.
11. The facility operator shall conduct a specific ground water monitoring
plan approved by the Colorado Department of Health and the Weld County
Health Department for monitoring the perched water conditions in the
northeast corner of the use by special review area.
12. Any changes or updates to the ground water monitoring plan or specific
ground water monitoring plan shall be made by the facility operator when
requested in writing by Weld County or Colorado Department of Health. A
copy of any request for change shall be forwarded to the Department of
Planning Services' staff for review.
910619
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RE: DEVELOPMENT STANDARDS - E.R.D. , C/0 ZIGAN
13. The facility shall be operated in a manner to control blowing debris at
all times. Operation during windy periods shall be conducted in a manner
that controls blowing debris. The working face will be closed to disposal
when high wind warning conditions exist as defined in Section 1.2.31 of
the Colorado Department of Health's Solid Waste Disposal Sites and
Facilities Regulations, 6 CAR 1007-2.
The following operation measures shall be employed to control blowing or
illegally dumped debris:
a. Any debris found outside the working face shall be picked up within
24 hours.
b. The following shall be patrolled daily by facility staff to pick up
all debris and return it to the recycling facility or working face:
i. The fence along the perimeter of the special review permit
area;
ii. Weld County Road 5 between State Highway 7 and Weld County
Road 6;
iii. Weld County Road 6 between Weld County Road 5 and Weld County
Road 7;
iv. Weld County Road 7 between Weld County Road 6 and State
Highway 7; and
v. State Highway 7 between Weld County Road 5 and Weld County
Road 7.
c. The manager of the facility shall respond to requests for picking up
debris within 24 hours of notification by County Health Department
personnel.
d. A minimum 6-inch soil cover shall be applied daily to control the
size of the working face. Soil cover shall be placed on debris as
soon as possible on days when wind is a noticeable problem.
e. The working face shall be enclosed on three sides with a minimum
15-foot litter screen while accepting waste. A 12-foot litter and
access-control fence shall be maintained around the Use by Special
Review area.
f. During windy periods, which have not reached the threshold to be
defined as high wind warning conditions, the size of the working
face shall be reduced to a size that eliminates debris escaping the
three sided screen.
910619
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RE: DEVELOPMENT STANDARDS - E.R.D. , C/0 ZIGAN
g. The size of the working face shall be reduced to 100 feet in width
while accepting waste after dark.
h. Prior to accepting waste, a letter shall be mailed to all
surrounding property owners within one-half mile of the landfill
boundaries. The letter shall explain the blowing debris control
program and list a telephone number for requesting pick up of
windblown or illegally dumped off-site debris.
14. The facility shall be operated in a manner which controls odor. Odors
detected off-site shall not equal or exceed the level of fifteen to one
dilution threshold as measured pursuant to Regulation 2 of the Colorado
Air Pollution Control Regulations.
15. The facility shall be operated in a manner to control fugitive dust at all
times. The facility operator shall implement the plan for controlling
fugitive dust as approved by the Weld County Health Department. Any
changes or updates to the plan for controlling fugitive dust shall be made
by the facility operator when required in writing by representatives of
Weld County. A copy of any request for change shall be forwarded to the
Department of Planning Services' staff for review according to Standard
Number 39.
16. The facility operator shall notify the Colorado Department of Health
within 24 hours and implement the approved contingency plan if required
for perched water conditions encountered during excavation activities.
17. The Special Use Permit site and facility shall obtain any emissions permit
required by the Air Pollution Control Division of the Colorado Department
of Health.
18. The maximum permissible noise level shall not exceed the light industrial
limit of 70 dB(A) , as measured according to Section 25-12-102, C.R.S.
19. A bathroom with adequate toilet facilities, served by an individual sewage
disposal system, is required for the recycling and disposal site facility.
The bathroom shall be installed in accordance with the Weld County
Individual Sewage Disposal and Building Code Regulations.
20. The owner and/or facility operator shall comply with the off-site road
improvements agreement approved by the Board of County Commissioners.
21. The owner and/or facility operator shall maintain an adequate water supply
for the recycling and disposal site facility. The source of water for
construction, operation, drinking, and sanitary facilities shall be
approved by representatives of the Weld County Health Department and the
Division of Water Resources.
910619
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RE: DEVELOPMENT STANDARDS - E.R.D. , C/O ZIGAN
22. The recycling and disposal site facility shall be operated in compliance
with the requirements of the Federal Aviation Administration.
23. The recycling and disposal site facility shall be operated in compliance
with the requirements of the Mountain View Fire Protection District.
24. The recycling and disposal site facility shall be operated in compliance
with the agreement approved by the Farmers Reservoir and Irrigation
Company. The agreement shall address the realignment and lining of the
Community Ditch. The agreement shall also address cleaning debris from
the ditch.
25. The owner and/or facility operator shall notify representatives of the
Colorado Department of Health, Weld County Health Department, and
Department of Planning Services within 24 hours of any oil and gas
drilling within the Special Review Permit area.
26. All stockpile overburden, soil, and associated materials shall be managed
to prevent nuisance conditions. The facility operator shall comply with
the recommendation in the letter dated September 5, 1990, from the Boulder
Valley Soil Conservation District for erosion control, seeding stockpiles,
fertilizing, and seedbed preparation.
27. Operation inspection reports of the entire facility shall be made on a
quarterly basis for the life of the recycling and solid waste disposal
site and facility. The inspection report shall be made by a Colorado
Registered Professional Engineer experienced with landfill operations.
The engineer shall certify the operation is progressing in accordance with
all aspects of the approved Special Review Permit and Certificate of
Designation. A signed copy of the report shall be submitted to the
Colorado Department of Health and Weld County Health Department.
28. The recycling building, equipment maintenance shop, and gate house shall
be painted and maintained in an off-white or earth-tone color.
29. The owner or operator shall comply with Weld County Ordinance 164. The
operator shall also remit an additional 5% surcharge to be added to all
disposal fees received by the operator for trash received outside the
boundaries of Weld County. This 5% surcharge will expire one year from
the date the operator begins accepting trash from outside County
boundaries unless the County adopts an ordinance whereby all solid waste
disposal sites and facilities within Weld County are required to pay a 52
surcharge for accepting trash outside the County boundaries.
30. All recyclable materials shall be stored in the trailer and roll-off bin
storage area. The view of the storage area shall be screened from Weld
County Roads 5 and 6.
910619
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RE: DEVELOPMENT STANDARDS - E.R.D. , C/0 ZIGAN
31. The owner or operator shall be responsible for maintaining the approved
screening and landscape plan.
32. Two metal signs shall be posted at the customer entrance. The first sign
shall state: "ALL UNCOVERED LOADS SHALL BE CHARGED TWICE THE NORMAL FEE".
The second sign shall state: "ABSOLUTELY NO HAZARDOUS MATERIAL, TOXIC
SUBSTANCES, SEPTIC, OR LIQUID SLUDGE ACCEPTED".
33. The facility operator shall keep the following records at the facility to
be available for County and State review at any reasonable time:
a. Quarterly operations inspection reports.
b. Volume and types of incoming waste processed throughout the resource
recovery and recycling operation.
c. Volume and types of incoming waste determined unacceptable for
recycling.
d. Results of wind, methane, and water quality monitoring.
e. Soil liner certification report.
f. Any special waste accepted at the facility.
34. The Recycling and Solid Waste Disposal Site and Facility Plan and
monitoring programs are subject to revisions pending the receipt of
pertinent data and/or changing site conditions. All requests for revision
shall be submitted in writing to the Department of Planning Services for
review in accordance with Standard Number 39.
35. The property owner or operator shall be responsible for complying with the
Design Standards of Section 24.5 of the Weld County Zoning Ordinance.
36. The property owner or operator shall be responsible for complying with the
Operation Standards of Section 24.6 of the Weld County Zoning Ordinance.
37. All construction on the property shall be in accordance with the
requirements of the Weld County Building Code Ordinance.
38. Personnel from the Colorado Department of Health, Weld County Health
Department and Weld County Department of Planning Services shall be
granted access onto the property at any time in order to ensure the
activities carried out on the property comply with the Development
Standards stated herein and all applicable Weld County Regulations.
910619
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RE: DEVELOPMENT STANDARDS - E.R.D. , C/O ZIGAN
39. The Special Review area shall be limited to the plans shown herein and
governed by the foregoing Standards and all applicable Weld County
Regulations. Major changes from the plans or Development Standards as
shown or stated shall require review by the Planning Commission and the
approval of an amendment of the Permit by the Board of County
Commissioners before such changes from the plans or Development Standards
are permitted. Any other changes shall be filed in the office of the
Department of Planning Services.
40. The property owner or operator shall be responsible for complying with all
of the foregoing Development Standards. Noncompliance with any of the
foregoing Development Standards may be reason for revocation of the Permit
by the Board of County Commissioners.
41. The operator shall maintain dumpsters at locations approved by the Weld
County Health Department. The dumpster shall provide free sanitary
disposal service during the life of the solid waste disposal facility to
the Towns or unincorporated communities of Briggsdale, Grover, New Raymer,
Hereford, Stoneham, Carr, and Rockport.
910619
HEARING CERTIFICATION
DOCKET N0. 91-38
RE: SITE SPECIFIC DEVELOPMENT PLAN, SPECIAL REVIEW PERMIT, AND
CERTIFICATE OF DESIGNATION FOR AN ENVIRONMENTAL RECYCLING AND SOLID
WASTE DISPOSAL SITE AND FACILITY IN THE A (AGRICULTURAL) ZONE
DISTRICT - ENVIRONMENTAL RECYCLING AND DISPOSAL COMPANY/TED ZIGAN
A public hearing was conducted on July 22, 1991, at 1:30 P.M. , with the
following present:
Commissioner Gordon E. Lacy, Chairman
Commissioner George Kennedy, Pro-Tem
Commissioner Constance L. Harbert
Commissioner C. W. Kirby
Commissioner W. H. Webster
Also present:
Acting Clerk to the Board, Carol A. Harding
Assistant County Attorney, Lee Morrison
Planning Department representative, Rod Allison
Health Department representative, Wes Potter
The following business was transacted:
I hereby certify that pursuant to a notice dated June 10, 1991, and duly
published July 3, 1991, in The New News, a public hearing was conducted to
consider the request of Environmental Recycling and Disposal Company/Ted
Zigan for a Site Specific Development Plan, Special Review Permit, and
Certificate of Designation for an environmental recycling and solid waste
disposal site and facility in the A (Agricultural) Zone District. Lee
Morrison, Assistant County Attorney, explained that the hearing was
continued for the purpose of reviewing the Development Standards and
Conditions of Approval presented by the Department of Planning Services
staff, and any testimony taken today should pertain to those Standards and
Conditions. The Board concurred. Mr. Morrison stated that two letters
were received prior to the hearing which were marked as Exhibits XXX and
YYY, but since they do not specifically refer to the Standards and
Conditions they should not be considered as to content. The Board asked
questions of staff regarding the various Standards and Conditions.
Chairman Lacy questioned the off-site road maintenance and improvements
agreement, and what would be included in these agreements. Mr. Allison
explained that they would come before the Board for approval after
submission by the applicant, along with any appropriate collateral. After
discussion, Mr. Morrison clarified the property owners' guarantee is the
only agreement with Ranch Eggs Subdivision which would be extended to
individual property owners who are not within the Subdivision. The other
parts of the agreement, such as free trash pickup, do not apply to
individual property owners. In his rebuttal, Mr. Zigan clarified who,
specifically, is covered by the property owners' guarantee. He also
stated that the intention was not to exclude any of the individual
property owners, and that they could be included as individual agreements
are done. To eliminate heavy side road traffic on Weld County Road 8, two
sentences were added to Development Standard #8 to read, "The main haul
route shall be from State Highway 7 along Weld County Road 5. The
secondary haul route shall be from State Highway 52 along Weld County Road
5. " Commissioner Kirby questioned the need for screening requirements to
be more specific. Mr. Morrison stated those can be added, if desired.
Mr. Allison explained that their landscape plan would be submitted for us
to evaluate including the plan for the recycling facility, maintenance
building, and gate house, as well as a screening plan for the outdoor
storage of recycled material. Development Standard #13g was changed to
read: "The size of the working face shall be reduced to 100 feet in width
while accepting waste after dark." Mr. Zigan offered comments and
answered questions regarding the Development Standards and Conditions of
Approval, and accepted them as amended today. Dorthy Shamy, President of
910619
Page 2
RE: HEARING CERTIFICATION - E.R.D. , C/0 ZIGAN
Ranch Eggs Neighborhood Association, explained that the West's are
fee-paying members of the Association. Wilson West, surrounding
landowner, stated he is not a member. He made a $100 donation to fight
the landfill project but is not, and does not wish to be, a member.
Barbara Kirkmeyer, surrounding landowner, questioned whether the recycling
plant would be kept a part of the facility for the lifetime of the
landfill. Mr. Allison stated it is a part of the application and could
not be omitted without an amendment to their Permit. Commissioner Kennedy
moved to deny USR 11925 based on the Planning Commission recommendation,
and Commissioner Webster seconded the motion. Commissioner Kennedy stated
his reasons for voting to deny, as did Commissioner Webster.
Commissioners Lacy and Kirby stated their reasons for voting against the
motion. On roll call vote, the motion failed with Commissioners Harbert,
Kirby and Lacy voting against the motion while Commissioners Webster and
Kennedy voted for the motion. Commissioner Kirby moved to approve the
request of Environmental Recycling and Disposal Company/Ted Zigan for a
Site Specific Development Plan and Special Review Permit for an
environmental recycling and solid waste disposal site and facility in the
A (Agricultural) Zone District, with the Conditions of Approval and
Development Standards as entered into the record. The motion was seconded
by Commissioner Harbert, and on roll call carried three to two, with
Commissioners Webster and Kennedy voting nay. Mr. Allison presented
criteria developed by the staff for the Certificate of Designation, and
read said criteria into the record. Commissioner Kirby moved to approve
the Certificate of Designation, and Commissioner Harbert seconded the
motion. On roll call, the vote was three to two in favor of the motion,
with Commissioners Webster and Kennedy voting nay.
This Certification was approved on the 24th day of July, 1991.
APPROVED:
ATTEST: 44411044t BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, 0 RADO
Weld County
/]Clerk to the Board
�J
By: /L( .f�.iVti MIL6L/ Go on E. Lac Chairman
Deputy erk to the Board
EXCUSED DATE OF APPROVAL
Geor Kennedy, Pro-Tem
TAPE 1191-21
_244gittLZ/29/}
Constance L. Harbert
DOCKET 1191-38
C. W. Kir Y ;,
PL0841
W. H. Webster
910619
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 17TH DAY OF JULY , 19911 ;
DOCKET # 91-38 - USR & CD - ENVIRONMENTAL RECYCLING & DISPOSAL, C/0 ZIGAN, TED
DOCKET #
DOCKET A
DOCKET #
DOCKET /
PLEASE write or print your name legibly, your address and the DOC A (as listed
above) or the name of the applicant of the hearing you are attending. .
NAME ADDRESS HEARING ATTENDING
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A T T E N DAN C E RECORD
HEARINGS ARE AS FOLLOWS ON THIS ., 4-1- DAY OF kittQt , 1994:
DOCKET t 91-3£? - (iSe-iC.'D -- �--e• D. l z;ey,_4,. (err* turn,.. 11II hl)
DOCKET #
DOCKET N
DOCKET #
DOCKET ;
PLEASE write or print your name legibly, your address and the DOC A (as listed
above) or the name of the applicant of the hearing you are attending. .
NAME ADDRESS HEARING ATTENDING
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Certified Shorthand Reporters
MARY J. HARMS, CSR, RPR, CM
1100 10th Street,suite 403
Greeley.Colorado 80631
(303) 356-3306
Denver Boulder Fort Collins
(303)691-5020 (303)443-0433 (303)221-3071
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ZZZ.
PUBLIC NOTICE
The Board of County Commissioners of Weld County, Colorado, on July 22,
1991, conditionally approved a Site Specific Development Plan, Special
Review Permit, and Certificate of Designation for the property and purpose
described below. Conditional approval of this plan creates a vested
property right pursuant to Article 68 of Title 24, C.R.S. , as amended, for
a period of three years.
APPLICANT: Environmental Recycling and Disposal Company
c/o Ted Zigan
2200 East 104th Avenue, 8214B
Thornton, Colorado 80233
LEGAL DESCRIPTION: The Ws of Section 28, Township 1 North,
Range 68 West of the 6th P.M. , Weld County,
Colorado
TYPE AND INTENSITY
OF APPROVED USE: An environmental recycling and solid waste
disposal site and facility
SIZE OF PARCEL: 480 acres, more or less
Failure to abide by the terms and conditions of approval will result in a
forfeiture of the vested property right.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
CLERK TO THE
yBOARD
�/
BY: Deputy
lt-k/ oX:tom/
Deputy((/ lerk to the Board
PUBLISHED: July 25, 1991, in The New News
31 613
STATE OF COLORADO 1
1s.s.
COUNTY OF WELD 1
David B. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in K burg in said County
and State; that said newspaper has a
general circulation in said County
and has been continously and
uninterruptedly . published therein,
during a period of at least
fifty-two consecutive weeks prior to PUBLIC NOTICE
The Board of County
the first publication of the annexed Commissioners � Weld County,
Colorado, on uly 22, 1991
notice; that said newspaper is a c�BltonallYnhl Went a P��
newspaper within the meaning of the SbemalreyteReview of Designation t, it
act of the General Assembly of the Certifiche
gonna°a°i m.� desc
State of Colorado,, entitled "An Act al of this
Pr��¢�d'curaes ato Arucle°`�e of
to regulate the printing of legal TRk 2tCRS.,as muted vi
notices and advertisements, " and ReevB an¢ r Yoiae aEn,navir�o�nmmaeantal
amendments thereto; that the notice C/O'eTed Zigan ffiOU(East 199E
Avenue No. 214B, Thornton,
of which the annexed is a printed Colorado 40233
LEGAL DESCRIPTION: The W'k
copy taken from said newspaper, was o�aO°a w�To"rnrship 1 co�•
published in said newspaper, and in ��ei�ti�rrr
OF
the regular and entire issue of APPROVED USE:
envirmdmi,enn�aat retceYaoltnda¢'taand so t2
every number thereof , SIZEOF AMAL• WcilitY
Fels abide by the terms and
once a weak for ' mom or less
of approval will result
in forfeiture a the vested
prop successive weeks; that said notice e erty rieet.AgDpFpp
was so published in said newspaper BO CO140 iaou EIR
WELD COUNTY—COLORADO
proper and not in any supplement BY: DONALD W
OARD
thereof , and that the first tB•YJ Moll the Miller 1
publication of said notice as PUB I: July 25,1991 in The
N
aforesaid , was on the
day of ', 19 1 , ,
and the la on the "1S day of
/1 7_4_1
.
\�
Subscribed and sworrito before
me this ailAday of ;)
.tiy r
19 9/ .
910619
1!v Commission°rim AQrch 15,19:._
NOTICE
Pursuant to the zoning laws of the State of Colorado and the Weld County
Zoning Ordinance, a public hearing will be held in the Chambers of the
Board of County Commissioners of Weld County, Colorado, Weld County
Centennial Center, 915 10th Street, First Floor, Greeley, Colorado, at the
time specified. All persons in any manner interested in the Site Specific
Development Plan and Special Review Permit are requested to attend and may
be heard.
Should the applicant or any interested party desire the presence of a
court reporter to make a record of the proceedings, in addition to the
taped record which will be kept during the hearing, the Clerk to the
Board's Office shall be advised in writing of such action at least five
days prior to the hearing. The cost of engaging a court reporter shall be
borne by the requesting party.
BE IT ALSO KNOWN that the text and maps so certified by the Weld County
Planning Commission may be examined in the office of the Clerk to the
Board of County Commissioners, located in the Weld County Centennial
Center, 915 10th Street, Third Floor, Greeley, Colorado.
DOCKET N0: 91-38 APPLICANT:
Environmental Recycling & Disposal Company
Mr. Ted Zigan
2200 East 104th Avenue, #214B
Thornton, Colorado 80233
DATE: July 17, 1991
TIME: 10:00 a.m.
REQUEST: Site Specific Development Plan and Special Review Permit, and
Certification of Designation for an environmental recycling and
solid waste disposal site and facility in the A (Agricultural)
Zone District
LEGAL DESCRIPTION: The WI of Section 28, Township 1 North, Range 68 West
of the 6th P.M. , Weld County, Colorado
LOCATION: South of and adjacent to the Town of Erie and Weld County Road
6; and east of and adjacent to Weld County Road 5
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: DONALD D. WARDEN
WELD COUNTY CLERK TO THE BOARD
BY: Cathy L. Flot
Deputy Clerk to the Board
DATED: June 10, 1991
PUBLISHED: July 3, 1991 in The New News
evid-t 6,t,r
- - - ----
_ o
STATE OF COLORADO )
)s.s.
COUNTY OF WELD )
David H. Reynolds, being duly sworn,
says that he is publisher of
The New News, a weekly newspaper
published in Keenesburg in said County
and State; that said newspaper has a
general circulation in said County
and has been continously and •
uninterruptedly published therein,
during a period of at least
fifty-two consecutive weeks prior to
the first publication of the annexed
notice; that said newspaper is a
newspaper within the meaning of the
act of the G 1 Assembly of the and adjacent to wars vmny_Road
State of Colorado,, entitled "An Act 5 BOARD OF COUNTY
to regulate the printing of legal COMMISSIONERS
WELD COUNTY COLORADO
notices and advertisements," and - BY: DONALD�D.WARDEN
WELD COUNTY CLERK
amendments thereto; that the notice BOARD
BB�mte Flat
of which the annexed is a printed DOCKET NO.91-35
P APPLICANT: Enviromnental DATED: Joe 0 1991
copy taken from said newspaper, was err Z&aDieboseL EomPi04th PUBLISHED: July. 13, 1993 in The
P 7�9 TAornton.New Newe
Avenue Ho• 214B,
published in said newspaper, and in Colorado 90773
DATE: July 17,1991
the regular and entire issue of REQUEST:
OO A.M.Site Soecifie
every number thereof , Development Plan and Special
Review Permit,, and Certification
of Dental rec lilin��aband solid
once a week for w�pffaal site card facility m
successive weeks that said notice the A(Agricultural Zone tistrrct
LEGAL DESCRIMON: The Wl/2
was so published in said newspaper of section u, Township re 1 North,
P of a 99 Went o[ the 6th P.M.,
and not in an supplement Weld County'Colorado
proper Y PP adjacent
oto theSTovm of and and
thereof , and that the first Weld County load 9; and east of
publication of said notice as
aforesaid , was on the
day ofr 19
and the last on the -3 day of
pi
Subscribed and sworn to efore
me this 22day of
19�.
592
Commission e ;
433061.9
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