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Home My WebLink About911203.tiff AR2266215 RESOLUTION RE: APPROVE VACATION OF AMENDED SPECIAL USE PERMIT 41821 GRANTED TO ROCKY MOUNTAIN RAILCAR, INC. , C/O RON MAYNARD 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, an Amended Special Review Permit for a railroad car maintenance, 0 UO repair, and missile testing facility was granted to Rocky Mountain Railcar, Inc. , o c/o Ron Maynard, by Resolution dated September 7, 1988, and rip U WHEREAS, said Special Review Permit was granted for property described as: G1 0 S Part of the Si NWa of Section 1, and Part of the NE6 of Section 2, all in Township 1 North, Range 65 West of the o a 6th P.M. , Weld County, Colorado yr [:7 ca p WHEREAS, Ron Maynard has submitted a request to vacate that portion of U Amended USR 41821 which is identified as a separate and distinct portion formerly a used and permitted for the missile launch facility and those portions leased to m a shortline railroad, and uta o a WHEREAS, after study and review, the Board deems it advisable to approve W vacation of Amended Special Review Permit 41821. of v NOW, THEREFORE, BE voz '.T RESOLVED by the Board of County Commissioners of Weld � W County, Colorado, that the request to vacate Amended Special Review Permit 41821, o E as hereinabove mentioned, granted to Rocky Mountain Railcar, Inc. , c/o Ron r a Maynard, by Resolution dated September 7, 1988 be, and hereby is, approved. W ri w The above and foregoing Resolution was, on motion duly made and seconded, CV PA adopted by the following vote on the 9th day of October, A.D. , 1991. 1/4Oz - N BOARD OF COUNTY COMMISSIONERS o ATTEST: U P4 WELD COUNT LORADO a g Weld Count& Clerk to the Board V' N =�'s Gordo irman HI CT o By: //I ' I, ,7c- M 6 Deputy` 'Clerk to the Board. Ge e Kenn y, Pro-Tem APPROVED AS TO FORM: [eLf 5-, - CL2/�!y/-- Constance L. Harbert S AthijA l County At orney C. W. K // W. H. Webster [� 911203 It - ° C. ' Pi, ftf Date: October 9, 1991 CASE NUMBER: Amended USR-821 NAME: Rocky Mountain Railcar, Inc. , C/0 Ron Maynard ADDRESS: P.O. Box 218 Hudson, CO 80642 REQUEST: To vacate a portion of a Site Specific Development Plan and Special Review Permit. LEGAL DESCRIPTION: Part of the S2 NW4 of Section 1 and Part of the NE4 of Section 2, all in T1N, R65W of the 6th P.M. , Weld County, Colorado LOCATION: Approximately 1/2 mile northeast of Hudson, southeast of I-76. THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: The area being vacated is not used as part of the Special Review Permit for a railcar maintenance and repair facility. That portion of the Special Review Permit property identified to be used for a missile launch facility is no longer used for that purpose and the remaining area is leased to a shortline railroad. This recommendation is based, in part, upon a review of the submitted materials, and other relevant information regarding the request. The Department of Planning Services' staff recommendation for approval is conditional upon the following: an amended Special Review plat mylar being submitted in compliance with the application requirements as listed in Section 24. 7.4 of the Weld County Zoning Ordinance; and The plat shall be submitted to the Department of Planning Services with the appropriate recording fees within 15 days from the date of Board of County Commissioners' approval. 91120) ROCKY MOUNTAIN RAILCAR, INC. P.O. Box 218 Hudson. Colorado 80642 - - _ - --------� (303) 654-0304 AUS 1 r i„1 August 15, 1991 _.._.__ ___._____-_'1 Weld County Department of Planning Services 915 Tenth Street Greeley, Colorado 80631 RE: Amended USR 821 Dear Sirs: Please accept this letter as notification of our desire to stop use of certain sections of our use by special review. The area I am referring to is shown as highlighted on the attached plan map. The major portion of the area is what was used for the Westinghouse Project. We have in turn leased this area to Rocky Mountain Railcar and Railroad, Inc. If you have any questions or need any further information, please do not hesitate to contact me at my office number (303) 536-9301 . Sincerely, i on L. Mayn rd President RM/kmk .91. 2,(1, Attic/1st MEMORAnDUM Keit uett ine To Depth ofhPlanning pore September 16, 1991 COLORADO From Lee D. Morrison, Assistant Weld County Attorney so moor USR-821 I have reviewed the proposal to vacate a portion of amended USR-821 which consists of a separate and distinct portion formerly used and permitted for the missile launch (Rail Garrison) facility and these portions leased to Rocky Mountain Railcar Railroad. Because the area in question is not used by Rocky Mountain Railcar for the repair and maintenance facility, also a part of the USR, it is my opinion that the applicant may voluntarily relinquish the described portion of the USR. By this opinion, I am not stating that all activities which have occurred within the area are exempt from the Zoning Ordinance or in compliance with the Ordinance. I do recognize that activities directly involved in the transportation function of the railroad itself are probably not subject to the Weld County Zoning Ordinance but the act of allowing relinquishment should not be viewed as an agreement that all uses under the name of the railroad are exempt from County regulations . Lee D. Morrison Assistant Weld County Attorney rm J el 1 9.*N 1 (91,1 ti DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000,EXT.4400 91510th STREET GREELEY,COLORADO 80631 C. COLORADO NOTICE OF PUBLIC HEARING The Weld County Board of County Commissioners will conduct a public hearing on Wednesday, October 9, 1991, at 9:OO a.m. to review a request to vacate a portion of a Site Specific Development Plan and a Special Review Permit from Rocky Mountain Railcar, Inc. C/O Ron Maynard (USR-821) . The parcel of land is described as part of the S2 NW4 of Section 1 and part of the NE4 of Section 2, T1N, R65W of the 6th P.M. , Weld County, Colorado. The property is located approximately .5 miles northeast of the Town of Hudson and southeast of I-76. The public hearing to be held by the Weld County Board of County Commissioners for the consideration of the above referenced request will be conducted in the Weld County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado. Comments or objections related to the above request should be submitted in writing to the Weld County Department of Planning Services, 915 Tenth Street, Room 342, Greeley, Colorado 8O631, before the above date or presented at the public hearing on October 9, 1991. Copies of the application are available for public inspection in the Department of Planning Services, Room 342, Weld County Centennial Center, 915 Tenth Street, Greeley, Colorado, - Phone - 356-4OOO, Extension 44OO. Gordon Lacy, Chairman Board of County Commissioners To be published in the New News To be published one (1) time by September 18, 1991 Received by: Date: 21,1 2An4 CERTIFICATE OF MAILING I hereby certify that I have placed a true and correct copy of the surrounding property owners and owners and lessees of minerals in accordance with the notification requirements of Weld County in Case Number Amended USR-821 for Rocky Mountain Railcar in the United States Mail, postage prepaid First Class Mail by letter as addressed on the attached list. this 13th day of September, 1991. V 9$ 19,13 arTh DEPARTMENT OF PLANNING SERVICES PHONE(303)356-4000.EXT.4400 91510th STREET GREELEY,COLORADO 80631 wagC. COLORADO September 11, 1991 T0: SURROUNDING PROPERTY OWNERS CASE NUMBER: USR-821 There will be a Public Hearing before the Board of County Commissioners on Wednesday, October 9, 1991, at 9:00 a.m. in the County Commissioners' Hearing Room, First Floor, Weld County Centennial Center, 915 10th Street, Greeley, Colorado, concerning the request of: NAME: Rocky Mountain Railcar, Inc. , C/0 Ron Maynard FOR: To vacate a portion of a Site Specific Development Plan and Amended Special Review Permit. That portion of the Special Review Permit property used for the missile launch facility is no longer used for that use. The remainder of the portion being vacated is leased to a shortline railroad and is not part of the railcar maintenance and repair facility. LEGAL DESCRIPTION: Part of the S2 NW4 Section 1 and part of the NE4 Section 2, T1N, R65W of the 6th P.M. , Weld County, Colorado. LOCATION: Approximately . 5 miles northeast of the Town of Hudson and southeast of I-76. Your property is within five-hundred (500) feet of the property on which this request has been made. For additional information write or telephone Keith A. Schuett, Current Planner. WELD COUNTY DEPARTMENT OF PLANNING SERVICES 915 10th Street - Room 342 Greeley, Colorado 80631 SURROUNDING PROPERTY OWNERS -Rocky Mountain Railcar Amended USR-821 Milton G. Waldbaum Company of Colorado P.O. Box 429 Hudson, CO 80642 James Erger Timothy M. & Dwan K. Erger 16521 East 121 Circle Brighton, CO 80601 Elizabeth Cohill and Robert H. Sager 1286 S. Valentia Street Denver, CO 80231 John L. McGill 22461 I-76 Access Road Hudson, CO 80642 Arnold and Beverly Teter P.O. Box 251 Hudson, CO 80642 Department of Highways 4201 E. Arkansas Avenue Denver, CO 80222 Ron and Dianne Maynard P.O. Box 218 Hudson, CO 80642 James Ryan 6591 E. 77th Place Commerce City, CO 80022 Ron and Diane Maynard c/o DPC Industries , Inc. P.O. Box 16290 Houston, TX 77222 Emma and Willie Taoka 3127 Weld County Road 49 Hudson, CO 80642 01 i x NAMES OF OWNERS OF PROPERTY WITHIN 500 FEET Please print or type NAME ADDRESS, TOWN/CITY ASSESSOR'S PARCEL STATE AND ZIP CODE IDENTIFICATION # 1. Milton G. Waldbaum Company of Colorado 1307-35-0-00-003 P.O. Box 429, Hudson, CO 80642 2. James Erger 1307-36-0-00-008 Timothy M. 6, Dwan K. Erger 16521 East 121 Circle, Brighton, CO 80601 3. Elizabeth Cohi11 and Robert H. Sager 1473-02-0-00-014 1286 S. Valentia Street, Denver, CO 80231 4. John L. McGill 1473-02-0-00-012 22461 I-76 Access Road, Hudson, CO 80642 3. Arnold and Beverly Teter 1473-02-0-00-002 P.O. Box 251, Hudson, CO 80642 6. Department of Highways 1473-02-00-003 4201 E. Arkansas Avenue, Denver, CO 80222 7. Ron and Dianne Maynard 1473-02-0-00-010 P.O. Box 218, Hudson, CO 80642 8. James Ryan 1473-02-0-05-008 6591 E. 77th Place, Commerce City, CO 80022 9. Ron and Diane Maynard 1307-36-0-00-004 c/o DPC Industries, Inc. P.O. Box 16290, Houston, TX 77222 10. Emma and Willie Taoka 1473-01-0-00-012 3127 Weld County Road 49, Hudson, CO 80642 AFFIDAVIT OF INTEREST OWNERS SURFACE ESTATE Application No. Subject Property "-jC ._ 2 ri v,� .F-,1 /0 S\ . STATE OF COLORADO ) V� ) ss. _COUNTY OF WELD ) THE UNDERSIGNED, being first duly sworn, states that to the best of his or her knowledge the attached list is a true and accurate list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. This list was compiled from the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the -records of the Weld County Clerk and Recorder. The list compiled from the records of the Weld County Assessor shall have been assembled within thirty (30) days of the application submission date. /} The f regoing instrument was subscribed and sworn to before me this `� �lV day of �) , lei. WITNESS my hand and official seal. My Commission expires: My tarnmmsiOn erpires October 15, 1994 /: _ / •:- J C �� IC //(t9" i, u7AFy'.; otary is orp , . s 40 ." „IMP, c l I C . . lz _ tr, TN of I07 HUUSUN PLANNINU COMMISSION �I +wdson, Co l_oraoo OCT 0 4 1991 ti October 3, 199i Dept. or Planning Services Greeley, CO Dear Commissioners; we, the Hudson Planning commission have become quite concerned about what we are reading in the Greeley -Tribune about Mr. Ron Maynard dba HOOKY +fountain Railcar (which we will refer t0 as RMR) . We appreciate that you sent us the notice about the Public Hearing on the 9th. Not Knowing what effect keeping or cancelling the Special Use Permit will have has prompted this letter. When Mr. Maynard came to us to first build his operations we were assured by him that all he would be doing at his site was repairing and upgrading railcars, mainly coal and antiques. we were leery, but after many promises made by him to assure a clean water supply and air we welcomed him. -Then our concerns deepened when he asked to have the GE Missie test site _Special Use Permit. GE assured us that there would be very little fuel used to heat the steam that fired the missie. They also stated that they would use a neutralizer for any harmful emissions that might occur. we then gave them the green light. NOW, we find out what we have reared all along has been happening with the transfer of hazardous chemicals. Mr. Maynard's Site is directly over our water supply and only S0u ft. from our Town's water well . He did not ask our permission to store or transfer chemicals on this property but is evidently doing it anyway. Hudson and LOchbuie are the closest weld County towns to Our State's new airport. we are very much committed to offer a clean and safe environment to employees of this facility for housing and safe businesses. Weld County Stands to lose alot in the long-run if no Qftwants to live in our town. The actual complaints as poised to the Commission by several residents of the area are as follows: t . The transfer and storage of hazardous materials was not presented to the commission as part of RMR's original plan. we consider this a change in use and are highly against it. L. Individuals have come forward that worked at RMR to state that old gas tanKs were placed in the ground for use as septic tanks and that gall _��_ �"'� " parts washing solvents are dumped on the P ground instead or being hauled away as promised by Mr. Maynard. There are also several mobile homes being used as housing for employees or relatives that at the beginning were stated to be used for DE offices by Mr. Maynard. 3. Three teenagers have admitted to sneaking onto RMK property at night leaving us to believe that it is an attraction and that permimeter security is not sufficient. Mr. Maynard stated that he would fence and barb wire his entire property to keep curious youngsters away which has not been done. The Commission does not want a tragedy having to happen before anything is done about this. The last time we complained a security gaurd was fired instead of remedying the situation with a fence aspromised. As the y-26-J1 Tribune article states, Mr. Maynard feels he is a railroad and only fails under "federal & EPA regulations not "city, county or state. " Do we have proof of that? That really scares us if this is true, Dniy because the bigger agencies have a hard time keeping up with all they have to deal with. We thought that we had some control over anything and everything that goes on within a 3-mile radius of our town. Please let us know if we are mistaken. We are counting on you to study this carefully and if we can be of any help, please let us know. • Thank you, ecci. — 7"� hL/�.J ,274 lL� Pianni?Sg Commission members. 91 .4, er:s Hello