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HomeMy WebLinkAbout910611.tiff RESOLUTION RE: ACTION OF BOARD CONCERNING 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 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 July 17, 1991, at 10:00 a.m. , the Board heard 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, and WHEREAS, the Board deemed it appropriate to continue said matter to July 22, 1991, at 1:30 p.m. , to allow time to review the Conditions of Approval and Development Standards recommended by the Planning staff. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the hearing 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 be, and hereby is, continued to July 22, 1991, at 1:30 p.m. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 17th day of July, A.D. , 1991. IL1/� BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY OLORADO Weld County Clerk to the Board AYE Gor . La y hairman Deputy CYerkthe Board eo ge Ken edy, Pro-Tem APPROVED AS FORM: 4`-iting_o Constance L. Harbert r 19-1 f / (AYE) County Attorney C. W. Kir / 1 /' W //22_,“,p (AYE) W. H. Webster 910611 PLoEt41 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 17, 1991, at 10:00 A.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, Shelly Miller Assistant County Attorney, Lee Morrison Planning Department representative, Keith Schuett 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, made this matter of record. Rod Allison, Planning Department representative, read the unfavorable Resolution of the Planning Commission into the record. Mr. Allison stated that there was also a Planning Commission Resolution concerning the denial of a Certificate of Designation. Ted Zigan, President of Environmental Recycling and Disposal Company, gave a brief history of this project. Kip White, Engineer from KRW Consulting, Inc. , explained the geology, hydrology, and the design of the facility. Mr. White submitted maps as Exhibit PP for the record. Mr. White's presentation also consisted of nuisance, management, and quality assurance control plans. Mr. White answered questions of the Board. (Changed to Tape 1191-19 during Mr. White's presentation. ) Mr. Zigan explained there would be a disposal facility at the Weld County site and a transfer station in Denver. Arthur Roy, Attorney representing the applicant, spoke primarily on the compatibility with Weld County's Comprehensive Plan and the opinions of the surrounding municipalities. Mr. Roy submitted aerial photos of the area as Exhibits QQ and RR. Mr. Allison questioned the boundaries of Broomfield as shown on the maps. Let the Record reflect that a recess was taken at this time. Mr. Zigan referred to photos, submitted as Exhibit SS, concerning the compatibility with the area. Mr. White referred to digital volume maps, Exhibits TT and UU, concerning the surrounding Laidlaw landfills. Mr. Zigan submitted artistic sketches of the exterior and interior of the facility as Exhibits VV and WW, said Exhibits being in the Special Review Application as Attachment 1. Mr. Zigan said he would volunteer, for one year, to collect an additional 57 tax on out-of-County waste. He then showed a video tape on a recycling transfer station similar to the one he proposes to use. Mr. Zigan answered questions of the Board, and asked Wes Potter, Health Department representative, and Chuck Cunliffe, Planning Department Director, to speak on their tour of a similar facility in Chicago, which was paid for by the County. Mr. Potter and Mr. Cunliffe answered questions of the Board and Mr. Zigan. Mr. Zigan also answered 910611 ), Page 2 RE: HEARING CERTIFICATION - E.R.D. /ZIGAN further questions of the Board and read two letters of support into the record. He commented on and submitted a study of recyclables as Exhibit XX. Tim Towndrow, representative of Weyerhauser Paper, gave statistics on the recycling market. He submitted charts used on the overhead projector as Exhibits YY and ZZ. Mr. Towndrow answered questions of the Board. Mr. Zigan submitted, as Exhibits AAA through DDD, letters of support from various companies. Bob Rubin, representative on recycling, spoke on the need for this recycling facility. Let the record reflect that a recess was taken at this time. Mr. Zigan said this is a multi-million dollar investment, and he spoke on Mid American Waste Systems' expertise in the areas of landfills and recycling. He then showed a video tape on one of Mid American's facilities. Jay Roberts, Director of Mid American Waste Systems, explained the background of said company and answered questions of the Board. Mr. Zigan summarized his presentation, which consisted of the benefits to Weld County. He also explained the financial assurance, the agreement with Ranch Eggs Subdivision, the restricting of the haul route, and giving up their legal right to accept out-of-State trash. He also submitted seven letters of support as Exhibits EEE through KKK. Mr. Zigan stated further benefits to the County and answered questions of the Board. Speaking in opposition to the proposed facility were Robert Farnsworth, George Ruff, Janice Whalen, Mike Settell, Wilson West, Nancy Fichter, Virginia Blacken, Arne Carlson, representing the City of Broomfield, Scott Hahn, representing the Town of Erie, Barbara Tillman, Don Brand, Marilyn Brand, Shirley Cleland, Joan Binkley, Jerry Ford, and Barbara Kirkmeyer. (Changed to Tape #91-20 during Mike Settell's comments, and Carol Harding became Acting Clerk to the Board during Mr. Hahn's comments. ) During this opposition, Mr. Farnsworth submitted Exhibits LLL through NNN, Mr. Settell submitted Exhibits 000 through QQQ, Mr. West submitted Exhibit RRR, Ms. Brand submitted Exhibit SSS, Ms. Cleland submitted Exhibit TTT, and Ms. Kirkmeyer submitted Exhibits UUU and VVV. Frank Curtis, Leo Younger, and Steve Cramer spoke in support of said facility. Dorthy Shamy, President of Ranch Eggs Neighborhood Association, spoke on behalf of said Association, and she explained their reasons for signing the agreement with Mr. Zigan. Let the record reflect that a recess was taken at this time. During Mr. Zigan's rebuttal, he addressed the concerns of the citizens and answered and asked questions of the Board and the Planning, Health, and County Attorney's staff. Questions and concerns were also addressed by Mr. White, Mr. Roberts, and Mr. Roy. After further discussion, Commissioner Kennedy moved to deny 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, based on the Planning Commissions recommendation. Said motion died for lack of a second. Commissioner Kirby moved to have the Planning staff present the proposed Conditions of Approval and Development Standards. Commissioner Harbert seconded the motion which carried four to one, with Commissioner Kennedy voting nay. Mr. Allison distributed copies of said Conditions of Approval and Development Standards. Let the record reflect that a recess was taken at this time. Mr. Allison stated two additional Development Standards and one additional Condition of Approval will be available after 10:00 a.m. , July 18, 1991. Commissioner Harbert moved to continue said matter to July 22, 1991, at 1:30 p.m. The motion, seconded by Commissioner Webster, carried four to one with Commissioner Kennedy voting nay. 910611 Page 3 RE: HEARING CERTIFICATION - E.R.D. /ZIGAN This Certification was approved on the 22nd day of July, 1991. /�/, APPROVED: ATTEST: Cain BOARD OF COUNTY COMMISSIONERS WELD COUNTY, LORADO Weld County Clerk to the Board By: 4nt Gordo a y, irman Deputy C erk Co the Board G o e Kennedy, Pro-Tem V TAPE 1191-18, 19, & 20 ons ance L. Harber DOCKET 1191-38 /07-1/(yet-Ali C. W. Kir PL0841 /O14 // 0d4111P T W. H. Webster (/` %(�Wi111 910611 Hello