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HomeMy WebLinkAbout08096ORDINANCE NO. 8096 AN ORDINANCE APPROVING WITH CONDITIONS A CERTIFICATE OF DESIGNATION FOR ON -SITE DISPOSAL OF ASBESTOS - CONTAMINATED BUILDING MATERIALS AND SOIL AT THE FORMER "ICE HOUSE" PROPERTY AT 602 W. 6TH STREET, PUEBLO, COLORADO WHEREAS, on or about August 25, 2009, the County of Pueblo, Colorado submitted its (revised) Application for Certificate of Designation, Former Ice House Property, Asbestos - Contaminated Site, 602 West 6th Street, Pueblo, Colorado; and WHEREAS, the Application seeks a new Certificate of Designation ( "COD ") as required by Section 4 -12 -2 of the Pueblo Municipal Code, which is therefore subject to the provisions of Chapter 12 of Title IV of the Pueblo Municipal Code and Part 1 of Article 20 of Title 30, Colorado Revised Statutes (2009); and WHEREAS, the Application seeks approval of the proposed COD facility upon property described as: The North 130 feet of the east 230 feet of Block 19, STATE ADDITION TO PUEBLO, as recorded in the Pueblo County records, containing 29,900 square feet, more or less, hereafter referred to as the "Site," and WHEREAS, the Application has been reviewed by the Colorado Department of Public Health and Environment and on September 10, 2009 was conditionally recommended for approval by the City Council of Pueblo; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 A public hearing to consider the adoption of this Ordinance, approving with conditions a Certificate of Designation for on -site disposal of asbestos - contaminated building materials and soil at the Site, shall be held in the Council Chambers, City Hall, 1 City Hall Place, Pueblo, Colorado, at 7:00 p.m. on the 9th day of November, 2009 The City Clerk is directed to publish notice of such hearing pursuant to Section 30- 20- 104(3)(a), C.R.S., in a newspaper having general circulation in the City at least ten (10) but not more than thirty (30) days prior to the date of the hearing. In addition, the City Clerk is directed to post such notice in a conspicuous location in City Hall and in at least one conspicuous location at the Site which is visible to the public. Posting shall be for not less than thirty days before said public hearing and shall continue through the date of such hearing. SECTION 2 Upon consideration of the Application submitted by the County of Pueblo for issuance of a Certificate of Designation for the Site, the Letter Report of the Colorado Department of Public Health and Environment thereon dated September 10, 2009, the City's applicable zoning and land use restrictions, and all of the testimony and evidence submitted at the public hearing thereon, the City Council finds and determines as follows: 1. The Application for the Certificate of Designation (hereinafter referred to as "the Application ") submitted by the County of Pueblo (hereinafter "Applicant') consists of all of the following documents as component parts thereof: A. Letter dated August 25, 2009 from Thomas Steven Norman, P.E., CTL /Thompson, Inc., Sam Rolf, Family Environmental Compliance Services, Inc., and James Dale Hayson, P.E., Short- Elliott - Hendrikson, Inc. to Gina Dutcher, City Clerk. B. Solid Waste Disposal Site Design and Operations Plan for Former "Ice House" Pueblo Cold Storage Property, 602 W. 6th Street, Pueblo, Colorado prepared by Short- Elliott- Hendrickson, Inc. and Family Environmental Compliance Services, Inc. dated August 2009 including the Plan text and all figures, Tables and Appendices thereto ( "Design and Operations Plan "). C. All revisions to the Application prior to date of hearing, including (a) June 15, 2009 Changes and Response to CDPHE Comments letter dated May 14, 2009, (b) July 02, 2009 Changes and Responses to CDPHE meeting dated June 29, 2009, and (c) August 25, 2009 Change and Responses to CDPHE final comments. D. Revisions to the Application submitted by CDPHE on September 1, 2009. 2. The Application seeks to allow on -site disposal of asbestos - contaminated building materials and soil, followed by encapsulation, asphalt paving, closure and monitoring. The legal description of the Site is contained in the Application and set forth in the Recitals of this Ordinance. The Site is located within the downtown area of the City of Pueblo. Upon closure and encapsulation of the Site, it will be available for needed parking in the downtown area. 3. The Colorado Department of Public Health and Environmental (hereinafter "CDPHE ") has reviewed the Application and submitted a Letter Report dated September 10, 2009 recommending approval of the Application subject to, inter alia, Applicant's compliance with the conditions set forth in said Report, approval by the City of Pueblo, and imposition of any local conditions required by the City. 4. The proposed COD will not adversely affect surrounding property, taking into consideration the Design and Operations Plan, proposed activities, surrounding property uses and values, and wind and climatic conditions. The proposed COD is consistent with the land use and zoning ordinances of the City. 5. The proposed COD will not affect the convenience and accessibility of other solid wastes disposal sites and facilities to potential users. 6. Applicant is able to comply with the health standards and operating procedures provided for in Part 1 of Article 20 of Title 30, Colorado Revised Statutes and applicable rules and regulations of CDPHE. 7. The Pueblo City- County Health Department has recommended approval of the Application. 8. Comments have been provided by the City of Pueblo's Stormwater Utility concerning the drainage plan for the Site. In response, on or about October 1, 2009, Applicant has submitted Revisions to Section 4.8 and Sheet C4.01 of the Design and Operations Plan which adequately address the comments. 9. A duly noticed public hearing has been held in accordance with Section 30 -20- 104(3), C.R.S. and Council has considered all testimony provided at such hearing, including, without limitation, testimony from governmental entities, persons residing within the City and persons residing within three miles of the Site. 10. Approval of the Application will have no effect upon competition in the Pueblo area for solid waste disposal services; approval will result in clean -up of a contaminated site and provide reuse of property in an environmentally sound manner. 11. Approval of the Application, subject to the conditions and requirements set forth in the CDPHE September 10, 2009 letter report, is in the best interest of the public. 12. The Site should be rezoned to S -1 within eighteen (18) months of the date of this Ordinance. SECTION 3 Based upon the Council findings set forth in Section 2 of this Ordinance, Council orders as follows: 1. The Application for a COD for the Site, as set forth in the Application and the Design and Operations Plan, subject to Applicant's acceptance and performance of, at Applicant's sole expense, the conditions and requirements set forth in the CDPHE letter report dated September 10, 2009, a true copy of which is attached hereto and incorporated herein by reference, and including the Revisions to Section 4.8 and Sheet C4.01 of the Design and Operations Plan submitted on or about October 1, 2009, be and is hereby approved as the Certificate of Designation for the Solid Waste Disposal Site. 2. Application fees established by City are waived pursuant to the provisions of Section 4- 12 -3(c) of the Pueblo Municipal Code, as amended. 3. Applicant shall rezone the Site to S -1 within 18 months of the date of this Ordinance. SECTION 4 This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: October 13, 2009 BY: Judy Weaver COUNCIL PERSON �. PRESIDENTof City Council ATTESTEC? BY: CITY CLERK PASSED AND APPROVED: November 9, 2009 L) 4 Background Paper for Proposed ORDINANCE AGENDA ITEM # S -1 DATE: October 13, 2009 DEPARTMENT: Law Department TITLE AN ORDINANCE APPROVING WITH CONDITIONS A CERTIFICATE OF DESIGNATION FOR ON -SITE DISPOSAL OF ASBESTOS - CONTAMINATED BUILDING MATERIALS AND SOIL AT THE FORMER "ICE HOUSE" PROPERTY AT 602 W. 6TH STREET. PUEBLO. COLORADO ISSUE Should City Council approve the County of Pueblo's ( "County ") application for a Certificate of Designation ( "COD ") to allow the on -site disposal of asbestos - contaminated inert building materials and soil? RECOMMENDATION Staff recommends passage of the Ordinance granting the COD approval. BACKGROUND The disposal of solid wastes in Colorado is a matter of both state and local concern. The General Assembly has adopted statutory requirements and procedures for authorizing disposal facilities which involve review by Colorado Department of Health and Environment ( "CDPHE ") and local government issuance of a "Certificate of Designation" ( "COD ") to approve a facility. See Regulations Pertaining to Solid Waste Sites and Facilities 6 CCR 1007 -2, Part 1. This dual jurisdiction is recognized in the City's procedures codified in Chapter 12, Title IV, Pueblo Municipal Code. The County has applied for a COD to allow on -site disposal of asbestos - contaminated buildinq materials and soil located at the former "Ice House" property at 602 W. 6 Street, Pueblo, Colorado, 81003 (the "Site "). The design and operations plan for such disposal provides for encapsulation of the asbestos - contaminated material and soil, covering with asphalt and monitoring. CDPHE has recommended approval of the COD with conditions, and these requirements are made a part of the COD by the Ordinance provisions. The Ordinance before Council would also make other findings required by state law and Chapter 12, Title IV, P.M.C. for approval of the COD. FINANCIAL IMPACT None anticipated.