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RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL
REVIEW PERMIT FOR A RAILROAD CAR MAINTENANCE, REPAIR, AND
MISSILE TESTING FACILITY - ROCKY MOUNTAIN RAILCAR
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 7th day of September, 1988 , at the hour of 2 : 00
p.m. in the Chambers of the Board for the purpose of hearing the
application of Rocky Mountain Railcar, c/o Ron L. Maynard, 12600
East 114th Avenue, Henderson, Colorado 80640 , for a Site Specific
Development Plan and amended Special Review Permit for a railroad
car maintenance, repair, and missile testing facility on the
following described real estate, to-wit:
Part of the NEI and part of the NW* of Section
2 , Township 1 North, Range 65 West of the 6th
P.M. , Weld County, Colorado
WHEREAS, said applicant was represented by Ron Maynard, 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. This proposal is located within the urban growth
boundary area of the Town of Hudson and is
consistent with the Weld County Comprehensive
Plan' s Urban Growth Boundary Area Goals and
Policies . The Hudson Town Council and Planning
Commission reviewed this proposal August 30 , 1988 ,
/ ' 880887
Page 2
RE: USR - ROCKY MOUNTAIN RAILCAR
and determined that it was compatible with the
interests of the Town.
b. The proposed use is consistent with the intent of
the A (Agricultural) Zone District and is provided
for as a Use by Special Review.
c. The proposed use is compatible with the future
development of the surrounding area as permitted by
the existing zoning and with the future development
as projected by the Town of Hudson Planning
Commission.
d. No overlay districts affect the site.
e. Special Review Development Standards will provide
adequate protection of the health, safety and
welfare 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 amended Special Review Permit
for a railroad car maintenance, repair, and missile testing
facility on the hereinabove described parcel of land be, and
hereby is, granted subject to the following conditions:
1 . The attached Development Standards for the Amended Special
Review Permit 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
within 15 days of approval by the Board of County
Commissioners.
2 . The amended Special Review activities shall not occur nor
shall any building or electrical permits be issued the
amended Special Review activities until the Special Review
plat is ready to be recorded in the office of the Weld County
Clerk and Recorder.
3 . Prior to the issuance of any building permit, electrical
permit, grading permit, or the start of any construction
associated with the amended special review activities:
a. A copy of an amended soil erosion control plan approved
by the Platte Valley Soil Conservation District shall be
submitted to the Department of Planning Services.
4 . Publication in the legal newspaper.
880887
Page 3
RE: USR - ROCKY MOUNTAIN RAILCAR
5 . This matter shall be placed on the hearing agenda for
September 28 , 1988 , at 9 :30 a.m. and that at such time if any
interested persons appear in opposition, the matter will be
reheard.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 7th day of
September, A.D. , 1988 .
" BOARD OF COUNTY COMMISSIONERS
ATTEST: f <rKJ WELD C UNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board ene R. Bran ner, Chairman
/l/BY:„its(:_ artu Lek_! 2-a.,, _- c C .W. Kirb , Pro eem
DeputyCounty Clerk
EXCUSED
APPROVED AS TO FORM: Jacquel ' e hn on
•
Go
County Attorney
Frank YSmaglichi
880887
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
ROCKY MOUNTAIN RAILCAR, C/O RON L. MAYNARD
AMENDED USR-821
1 . The Site Specific Development Plan and amended Special Review
Permit is for a railroad car maintenance, repair, and missile
launch facility as submitted in the application materials on
file in the Department of Planning Services and subject to
the development standards stated herein.
2 . Waste oil , waste paints, stains, treatments, creosote,
antifreeze, and other associated liquid and solid wastes,
shall be stored and removed for final disposal in a manner
that protects against surface and groundwater contamination.
3 . The property shall be maintained at all times in compliance
with the requirements of the Air Pollution Control Division,
Colorado Department of Health, for fugitive dust fumes .
4 . No railroad cars containing hazardous wastes or materials or
harmful levels of residue of hazardous waste or materials
shall be allowed onto the site without written approval by
the Weld County Health Department.
5 . No permanent disposal of wastes shall be permitted at this
site.
6 . The septic system for the proposed facility shall be designed
by a Colorado Registered Professional Engineer according to
the Weld County Individual Sewage Disposal System
Regulations .
7 . Wood shavings , sawdust, and waste materials shall be handled,
stored, and disposed in a manner that controls fugitive dust,
blowing debris, and other potential nuisance conditions .
8 . Fugitive dust shall be confined to the Special Review site.
9 . Maximum permissible noise level shall not exceed the
industrial limit according to Section 25-12-102 , Colorado
Revised Statutes.
10 . An individual sewage disposal system is required for the
dwelling for security personnel and the system shall be
installed according to the Weld County Individual Sewage
Disposal System Regulations .
880887
IPage 2
DEVELOPMENT STANDARDS - ROCKY MOUNTAIN RAILCAR
11 . The property shall be maintained in accordance with the Soil
Erosion Control Plan approved by the Platte Valley Soil
Conservation Service.
12 . Access onto the special review site shall be approved by the
Public Utilities Commission , Burlington Northern Railroad,
and the State Highway Department.
13 . No building shall be constructed within Panhandle Eastern
Pipe Line Company' s 50-foot right-of-way easement .
14 . Two working days prior to construction of utility lines,
streets, sidewalks, and driveways within Panhandle Eastern
Pipe Line Company' s 50-foot right-of-way easement, the
Utility Notification Center of Colorado shall be notified so
that all utilities can be located and identified.
15 . All construction on the property shall be in accordance with
the requirements of the Weld County Building Code Ordinance.
16 . The property owner or operator shall be responsible for
complying with the Design Standards of Section 24 . 5 of the
Weld County Zoning Ordinance.
17. The property owner or operator shall be responsible for
complying with the Operation Standards of Section 24 .6 of the
Weld County Zoning Ordinance.
18 . Personnel from the Weld County Health Department, Weld County
Department of Planning Services, and Hudson Fire Protection
District shall be granted access onto the property at any
reasonable 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.
19. 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 approval of an amendment of the Permit by the Weld
County Planning Commission and 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.
880887
_Page 3
DEVELOPMENT STANDARDS - ROCKY MOUNTAIN RAILCAR
10. 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.
880887
NEARING CERTIFICATION
DOCKET NO. 88-56
RE: -SITE SPECIFIC DEVELOPMENT PLAN AND AMENDED SPECIAL REVIEW PERMIT FOR A
RAILROAD CAR MAINTENANCE, REPAIR, AND MISSILE TESTING FACILITY - ROCKY
MOUNTAIN RAILCAR
A -public hearing was conducted on September 7, 1988, at 2:00 P.M. , with the
following present:
Commissioner Gene Brantner, Chairman
Commissioner C.W. Kirby, Pro-Tem
-Commissioner Jacqueline Johnson - Excused
Dommissioner -Gordon E. Lacy
-Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Mary Reiff
Assistant County Attorney, Lee D. Morrison
Planning Department representative, Rod Allison
The following business was transacted:
I hereby certify that a public hearing was conducted to consider the
application o₹ Rocky Mountain Railcar for a Site Specific Development Plan and
amended Special Review Permit for a railroad car maintenance, repair, and
missile testing facility. tee Morrison, Assistant County Attorney, made this
matter of record. Rod Allison, Planning Department representative, entered the
favorable recommendation of the Planning Commission into the record. Mr.
Allison stated that the Planning staff is recommending two additional
Conditions. Mr. Morrison explained why this hearing was being conducted prior
to publication, and that the additional Conditions address this issue. Ron
Maynard, president and owner of Rocky Mountain Railcar, said the adjacent
landowners were notified personally of this hearing, and he submitted waivers
of the right of notification from some of them. He explained that the State
has authorized three launches to test the railcar missile launch system. Mr.
Maynard showed a videotape of similar launches in the San Francisco area and at
a Nevada test center. He said the launches proposed at this site would be the
first from a movable platform, and spectators would be kept 500 feet from the
launch site--largely for control of debris. No public testimony was offered
concerning this matter. Landowners in the audience included John McGill,
Philip Ruebel, Margaret L. Eichthaler, and Neal Aspey. Mr. Ruebel said Willie
and George Taoka said they had no objections to this proposal, and Mr. Aspey
said several organizations in the Town of Hudson favor this proposal.
Commissioner Lacy moved to approve the request of Rocky Mountain Railcar for a
Site Specific Development Plan and amended Special Review Permit, subject to
all recommended Conditions and Development Standards. The motion was seconded
-by Commissioner Kirby. Chairman Brantner explained that, should the motion
result in a tie vote, the absent Commissioner would review the record and
listen to the tape before casting the deciding vote. The motion carried
unanimously.
880887
P-age 2
HEARING CERTIFICATION - ROCKY MOUNTAIN -RAILCAR
This Certification was approved on the 12th day of September, 1-988.
APPROVED:
j.- " BOARD F COUNTY COMMISSIONERS
ATTEST: / ' U;-',,•%.. a6 y' 44,ept1
Jj WELD TY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board Gene . Brantner, Chairman
/S4"....44*
"Deputy County(p :erk C.W. Kirby,"Pro-Te
EXCUSED
Jacquel eeJfJ hnson
,-„The
Frank Yamaguc t
TAPE #88-42
DOCKET #88-56
PL0396
880887
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