HomeMy WebLinkAbout20173179.tiffHEARING CERTIFICATION
DOCKET NO. 2017-76
RE: CERTIFICATE OF DESIGNATION FOR A TIRE MONO -FILL AND TIRE RECYCLING
FACILITY IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT - CH2E COLORADO, LLC, AND
HUDSON TIREVILLE, LLC
A public hearing was conducted on September 20, 2017, at 10:00 a.m., with the following present:
Commissioner Julie A. Cozad, Chair
Commissioner Steve Moreno, Pro-Tem
Commissioner Sean P. Conway
Commissioner Mike Freeman
Commissioner Barbara Kirkmeyer
Also present:
Acting Clerk to the Board, Tisa Juanicorena
Assistant County Attorney, Bob Choate
Planning Services Department representative, Ryder Reddick
Public Works Department representative, Evan Pinkham
Planning Services Engineer representative, Hayley Balzano
Health Department representative, Ben Frissell
The following business was transacted:
el I hereby certify that pursuant to a notice dated September 1, 2017, and duly published
September 6, 2017, in the Greeley Tribune, a public hearing was conducted to consider the
request of CH2E Colorado, LLC, and Hudson Tireville, LLC, for a Tire Mono -fill and Tire Recycling
Facility in the 1-3 (Industrial) Zone District. Bob Choate, Assistant County Attorney, made this a
matter of record.
Ryder Reddick, Department of Planning Services, presented a brief summary of the proposal
and stated Ben Frissell will be presenting the background of the case.
In response to Commissioner Kirkmeyer, Mr. Choate explained the Amended USR is
administratively approved and does not come before the Board of County Commissioners;
however, one of the Conditions of Approval requires the Certificate of Designation, hereinafter
referred to as CD, to come before the Board for approval, due to the change in ownership.
Mr. Reddick reviewed correspondence from the State.
Ben Frissell, Department of Public Health and Environment representative, stated
Sections 1.3.3 and 10.5 of the Regulations pertaining to Solid Waste Disposal Facilities, are
required to have a valid CD due to the facility being a waste tire mono -fill. He described a letter
dated, June 25, 2013, from the Colorado Department of Public Health and Environment (CDPHE),
which indicated the requirement for a CD would be exempt due to the recycling activities at the
site. This led staff to believe a CD was not required. However, he reviewed a letter dated Nov 8,
2016, from the Attorney General's Office, outlining the requirements for a new CD if the owner
and operator of the facility changed. Mr. Frissell explained that after consultation with the CDPHE,
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2017-3179
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HEARING CERTIFICATION - CERTIFICATE OF DESIGNATION - CH2E COLORADO, LLC,
AND HUDSON TIREVILLE, LLC
PAGE 2
the Weld County Department of Public Health and Environment (WCDPHE) responded with a
letter dated Feb 9, 2017, which specified the facility did not have a valid CD. He reported in
response to the aforementioned correspondence, the applicant submitted an application for a CD
to the WCDPHE on March 10, 2017, which was forwarded to the CDPHE for review.
Subsequently, he stated the CDPHE recommended approval in a letter dated July 19, 2017, and
Mr. Frissell confirmed the WCDPHE agrees with the State's recommended approval.
• In response to Commissioner Kirkmeyer, Mr. Frissell stated the facility was required to have
a CD and they thought they had one. He added with the new addition of the Pyrolysis system, the
applicant asked the State if this addition required an amended CD and the State stated the facility
was exempt. Mr. Frissell clarified the letter from the CDPHE did not specifically mention the
Pyrolysis portion of the facility but vaguely stated recycling activities at this site exempts them
from the requirement for a CD, but failed to mention the requirement for new owner/operators to
obtain a new CD. He further clarified the letter from the Attorney General's office made it clear
the applicant needed a new CD due to the change of owner and operator.
• In response to Commissioner Kirkmeyer, Mr. Reddick explained the Minor Amendment is
based on a Development Standard change related to attaining the Fire District and WCDPHE
approval to allow the tire shredding in mobile sites on the fire lanes to remain for up to 24 hours.
• Evan Pinkham, Department of Public Works representative, provided a brief overview of the
transportation plans and requirements and he stated an existing Access Permit, AP#15-00437,
stipulates to utilize the existing access point. He reported the average daily traffic counts and
truck percentages and stated tracking control is required but an Improvements Agreement is not
required.
• Hayley Balzano, Planning Services Engineer representative, stated she has no comments
related to the Certificate of Designation.
• Jamie Kostura, applicant, stated his appreciation for the recommendation for approval from
both the State and the County. He explained when they purchased the site, in 2013, the CD was
handed over from the prior owner; and furthermore, after receiving the exemption letter from
State, they thought everything was in order. He stated based on the new information from the
Attorney General, he is now trying to correct the matter to be compliant.
• No public testimony was offered concerning this matter.
• Commissioner Freeman expressed his frustration regarding the mixed messages received
from the State and he stated his appreciation for the applicant persevering in the process.
Commissioner Kirkmeyer agreed and recommended the addition of a new #4 on the Resolution
stating, "The operator will abide by, and be in compliance with, the Conditions of Approval and
Development Standards for the USR associated with this Certificate of Designation."
2017-3179
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HEARING CERTIFICATION - CERTIFICATE OF DESIGNATION - CH2E COLORADO, LLC,
AND HUDSON TIREVILLE, LLC
PAGE 3
• Mr. Choate suggested leaving off the particular case number, due to potential future
amendments. After further discussion, the Board agreed.
• In response to Chair Cozad, Mr. Kostura indicated he has reviewed, and agrees to abide by,
the requirements of the Certificate of Designation, as amended.
• Commissioner Kirkmeyer moved to approve the request of CH2E Colorado, LLC, and Hudson
Tireville, LLC, for a Certificate of Designation that was submitted in conjunction with an application
for a 7th Amended Minor Use by Special Review Permit, 7MUSR16-89-842, for a Tire Mono -fill
and Tire Recycling Facility in the 1-3 (Industrial) Zone District. The motion was seconded by
Commissioner Conway, and it carried unanimously. There being no further discussion, the
hearing was completed at 10:28 a.m.
This Certification was approved on the 25th day of September, 2017.
BOARD OF COUNTY COMMISSIONERS
WELD CO TY, COLORADO
ATTEST:d teti
Weld County Clerk to the Board
BY.
ty Clerk to the Board
APPR AS TO FO
,veOunty Attorney
Date of signature: IC) ( (O! t 7
Steve Moreno, Pro -Tern
Mc>n-12---1-3"
Sean P. Conway
Barbara Kirkmeyer
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