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HomeMy WebLinkAbout20194013.tiffRESOLUTION RE: APPROVE CERTIFICATE OF DESIGNATION - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, 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 18th day of September, 2019, 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 Waste Management Disposal Services of Colorado, Inc., 40000 CR 25, Ault, Colorado 80610, said site to be located on the following described property: Part of the E1/2 of Section 7 and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was present, and WHEREAS, said request for a Certificate of Designation was submitted in conjunction with an application for a Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, which was approved by the Board, and WHEREAS, Section 30-20-104, C.R.S., 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 effect that the solid waste disposal site and facility will have on the surrounding property, taking into consideration the types of processing to be used, surrounding property uses and values, and wind and climatic conditions. The Conditions of Approval and Development Standards in Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and obtain a Certificate of Designation, pursuant to C.R.S. §30-20-104, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District, will minimize the impacts on the surrounding property and the area to the greatest extent possible, and will also provide adequate protection of the health, safety, and welfare of the inhabitants of the area and the County. c,c PLCKO/TP), PWCHB/TJ), EHCLL), ccbc),CcPPL. 1O 2019-4013 PL2705 CERTIFICATE OF DESIGNATION - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 2 2. The convenience and accessibility of the solid waste disposal site and facility to potential users. The location of the proposed solid waste disposal site will be convenient and accessible to the potential users. The site is directly adjacent to an existing landfill. 3. The ability of the applicant to comply with the health standards and operating procedures provided for in this part 1 and such rules and regulations as may be prescribed by the department. The applicant has demonstrated in the submitted application materials there is a need for the proposed solid waste disposal site. The applicant is able to demonstrate through the Conditions of Approval and Development Standards in USR18-0065, that they comply with the health standards of safety and welfare. The operator will be in compliance with the Environmental Health requirements. The Weld County Department of Public Health and Environment has reviewed this request and finds, subject to conditions, the proposal will comply with the Standards of the Solid Waste Disposal Sites and Facilities Act, C.R.S. §30-20-100.5, et seq. 4. Recommendations by local health departments. The Colorado Department of Public Health and Environment and the Weld County Department of Public Health and Environment have reviewed this request and find, subject to conditions, the proposal will comply with the standards of the Solid Waste Disposal Sites and Facilities Act, C.R.S. §30-20-100.5, et seq. WHEREAS, the Board of County Commissioners has received an Engineering and Development Operations Plan with conditions of approval provided by the Colorado Department of Public Health and Environment, and WHEREAS, the applicant agrees to comply with the terms of the Engineering and Development Operations Plan, as well as the terms of USR18-0065. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the facility shall adhere to the Conditions of Approval and the Development Standards within and for USR18-0065. BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County, Colorado, that a Certificate of Designation for Waste Management Disposal Services of Colorado, Inc., on the hereinabove described real property be, and hereby is, granted. 2019-4013 PL2705 CERTIFICATE OF DESIGNATION - WASTE MANAGEMENT DISPOSAL SERVICES OF COLORADO, INC. PAGE 3 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 18th day of September, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, CO •RADO ATTEST: ditAvo Jetto;eA Weld County Clerk to the Board BY: Deputy Clerk to the Board APPBO,VED AS Date of signature: IO/63/l9 ounttorney arbara Kirkmeyer, hair Mike Freeman, Pro-Tem . Conway K. James Steve Moreno 2019-4013 PL2705 WELD COUNTY, COLORADO CERTIFICATE OF DESIGNATION In accordance with the provision of C.R.S §§30-20-101 through 30-20-115, the Board of County Commissioners of Weld County, Colorado, hereby grants a Certificate of Designation for a Site Specific Development Plan and Use by Special Review Permit, USR18-0065, for Solid Waste Disposal Site and Facilities, pursuant to Colorado State Statute and as defined and regulated by Colorado Department of Public Health and Environment, and continued use of existing facilities: site access, shop, office, scale, scale house, flare, and solid waste management of recyclable commodities, et cetera, associated with USR-895, in the A (Agricultural) Zone District. Location of Site: Part of the E1/2 of Section 7 and Lot B of Recorded Exemption, RECX17-0150; being part of the NW1/4 of Section 7, Township 7 North, Range 66 West of the 6th P.M., Weld County, Colorado Name and Address of Responsible Operator: Waste Management Disposal Services of Colorado, Inc. 40000 CR 25, Ault, Colorado 80610 This Certificate of Designation may be temporarily suspended or revoked, after reasonable notice and public hearing, for cause as outlined in C.R.S. §30-20-112. Issued this 18th day of September, 2019, at Weld County, Colorado. BOARD OF COUNTY COMMISSIONERS ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board WELD COUNTY, COL)RADO ara Kirkmeyer, hair 2019-4013 PL2705 Hello