HomeMy WebLinkAbout961662.tiff BEFORE THE WELD COUNTY, COLORADO PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Jack Epple that the following resolution be introduced for passage by the Weld County Planning
Commission that the application for:
CASE NUMBER: USR-1123
NAME: Rescar Industries, Inc.
ADDRESS: 1101 31st Street Suite 250
Downers Grove, Illinois 60515
REQUEST: A Site Specific Development Plan and a Special Review Permit for a Railcar Maintenance and
Repair Facility to include Railcar Inspection, Maintenance, Cleaning, Dismantling, Railcar
Storage and Surface Coating in the A(Agricultural)zone district.
LEGAL DESCRIPTION: Part of the North '/: of Section 2, Township 1 North, Range 65 West of the 6th
P.M., Weld County, Colorado
PARCEL NUMBER: 147302000009
LOCATION: 22400 176 Frontage Road
be recommended favorably to the Board of County Commissioners 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 Planning Commission that the applicant has shown compliance with Section 24.3
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 Planning Commission reviewed this proposal and
found no conflicts with their interests.
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 which would be permitted will be compatible with the existing
surrounding land uses. Surrounding land uses include agricultural production, Burlington
Northern Railroad Main Line, 1-76 Frontage road, commercial uses.
d. 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 permitted by the
Weld County Comprehensive Plan.
e No overlay districts affect the site.
f. The applicant has demonstrated that a diligent effort has been made to conserve
productive agricultural land in the locational decision for the proposed use. The
proposed use is located on an existing Special Review Permit site for a similar use
(Railcar maintenance and repair).
961662
RESOLUTION, USR-1123
Rescar Industries, Inc.
Page 2
g. The conditions of approval and the Special Review Permit Development Standards will
provide adequate protection of the health, safety and welfare of the neighborhood and
County to the greatest extent possible.
This recommendation is based, in part, upon a review of the application materials submitted by the applicant,
other relevant information regarding the request, and responses from referral entities.
The Planning Commission's recommendation for approval is conditional upon the following:
1. The attached Development Standards for the Special Review permit shall 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 Special Review activity shall not occur nor shall any building or electrical permits be issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk and
Recorder.
3. Prior to recording the Plat:
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.
b. Evidence shall be submitted to the Department of Planning Services that the Colorado
Department of Transportation has approved access to the facility onto 1-76 Frontage road and
State Highway 52.
c. The following note shall be placed on the Plat:
1. Prior to the issuance of building permits evidence shall be submitted to the Department
of Planning Services staff that shows that the existing storm water detention ponds are
adequately sized to accommodate the existing and proposed runoff from the facility.
2. A new access permit through the state highway department shall be applied for and
approved should traffic increase by 20%or more.
d. The applicant shall submit to and have approved by the Weld County Health Department, a
copy of the facility's spill prevention and counter measures plan and spill reporting policies and
procedures.
e. The existing septic system(s) shall be evaluated by a Colorado Registered Professional
Engineer according to the Weld County Individual Sewage Disposal System Regulations. The
evaluation shall determine the adequacy of the septic system for the proposed load on the
system. In the event the existing system is determined to be inadequate, the existing system
shall be enlarged or other appropriate measures taken as approved by the Weld County Health
Department.
Motion seconded by Ann Garrison.
961662
RESOLUTION, USR-1123
Rescar Industries, Inc.
Page 3
VOTE:
For Passage Against Passage
Glenn Vaad
Cristie Nicklas
Fred Walker
Marie Koolstra
Jack Epple
Rusty Tucker
Shirley Camenisch
Ann Garrison
Arlan Marrs
The Chairman declared the resolution passed and ordered that a certified copy be forwarded with the file of
this case to the Board of County Commissioners for further proceedings.
CERTIFICATION OF COPY
I, Jill Boshinski Recording Secretary for the Weld County Planning Commission, do hereby certify that the
above and foregoing resolution, is a true copy of the resolution of the Planning Commission of Weld County,
Colorado, adopted on August 20, 1996.
Date the 20th ofAugust, 1996.al aft Jill Boshinski
Secretary
961662
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Rescar Industries, Inc.
USR-1123
1. The Site Specific Development Plan and Special Review permit is for a Railcar Maintenance and
Repair Facility to include Railcar Inspection, Maintenance, Cleaning, Dismantling, Railcar Storage and
Surface Coating in the A(Agricultural)zone district as submitted in the application materials on file in
the Department of Planning Services and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 90 of the Weld County
Zoning Ordinance.
3. Any tank system or components which may contain or transfer hazardous or non-hazardous materials
or wastes must be reviewed and approved by a qualified registered professional engineer. The
engineer shall attest in a report submitted to the Weld County Health Department that the tank or
component has sufficient structural integrity and is acceptable for storing or transferring of either
hazardous or non-hazardous materials or wastes prior to use on site. The assessment shall show that
the foundation, structural support, seams, connections, and pressure controls (if applicable) are
adequately designed and that the tank system has sufficient structural strength, compatibility with the
waste(s)to be stored or treated, and corrosion protection to ensure that it will not collapse, rupture, or
fail.
4. Any tank system, storage unit, or component which may contain or transfer hazardous or non-
hazardous materials or wastes shall be provided with a secondary containment system. The
secondary containment system shall be either a liner, a vault, a double walled tank, or equivalent
device such as berming, approved by the Weld County Health Department and be:
a) Designed, installed, and operated to prevent any migration of hazardous materials or wastes
or accumulated liquid out of the system into the soil, groundwater, or surface water at any time
during the use of the tank;
b) Capable of detecting and collecting releases and accumulated liquids until the collected material
is removed;
c) Constructed of or lined with materials that are compatible with the hazardous materials or
wastes to be placed in the tank system and must have sufficient strength and thickness to
prevent failure;
d) Designed or operated to contain 100 percent of the capacity of the largest stationary tank or
component within its boundary;
e) Designed and installed to surround the tank completely and to cover all surrounding earth likely
to come into contact with the waste if released from the tank or component;
•
f) Designed or operated to prevent run-on or infiltration of precipitation into the secondary
containment system unless the collection system has sufficient excess capacity to contain run-
on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-
year, 24-hour rainfall event; and
g) Free of cracks or gaps.
961662
DEVELOPMENT STANDARDS, USR-1123
Rescar Industries, Inc.
Page 2
5. The facility shall have trained staff on-site at all times knowledgeable in the compatibility and
incompatibility of hazardous materials or wastes whenever hazardous materials are removed from or
placed in railcars, tanks, containers, storage units, etc.
6. All railcars, tanks, containers, storage units, components, etc. holding hazardous materials or wastes
shall always be closed during storage, except when it is necessary to add or remove the materials.
All containers holding hazardous materials shall not be opened, handled, or stored in a manner which
may rupture the container or cause it to leak.
7. Upon receipt of any railcar, which contains any type of liquid materials to the site, the operator shall
conduct a physical inspection of the railcar. The inspection shall be recorded in a log and should entail
looking for leaks and for deterioration caused by corrosion or other factors. In addition, the facility
operator shall make inspections of all facilities in which hazardous materials or wastes are stored.
These inspection shall be conducted no less than weekly, and shall entail looking for leaks and for
deterioration caused by corrosion or other factors. The operator shall maintain a log indicating the
date, time, and observations on-site. This log shall be available for review by the Weld County
Planning Department, Weld County Health Department, and the local Fire Department.
8. Any railcar which is accepted for cleaning at the site shall be rendered "empty" in accordance with the
Resource Conservation and Recovery Act prior to cleaning.
9. The operator shall request in writing and receive approval in writing from the Weld County Health
Department prior to the receipt of any railcar containing hazardous waste or product in excess of the
volume defined as "empty" by the United Stated Department of Transportation. The request shall
describe all proposed handling, storage, and spill prevention procedures.
10. With the exception of railcars which will not be opened for internal access while on site, the facility shall
not accept any railcars onto the site which contain materials which if removed from the railcar would
generate an acute hazardous waste, or acute hazardous product.
11. Any wastes generated on site shall be handled, stored, and transported in accordance with all local,
state, and federal regulations. No disposal of any kind shall be permitted at the facility.
12. Prior to construction of the cleaning and recovery equipment, a design and operations plan must be
submitted to and reviewed and approved by the Weld County Health Department.
13. The uses of the property shall be maintained in compliance at all times with the approved spill
prevention and counter measures plan and spill reporting policies and procedures.
14. Waste oil, waste paints, paint related solvents and various residues and/or reusable product, and
reusable railroad crossties, 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, and in
compliance with applicable federal, state, county, and local regulations. Listed items shall only be
stored in areas identified on the Use By Special Review Permit Plan Map.
15. Only those railcars which contain compounds in species of materials described in the facility's
approved emissions permits shall be accessed, cleaned, etc. on the site.
961662
•
DEVELOPMENT STANDARDS, USR-1123
Rescar Industries, Inc.
Page 3
16. The property shall be maintained at all times in compliance with all applicable Local, State, and Federal
ordinances, rules and regulations.
17. (a) Any railcars containing hazardous wastes, or residues of hazardous wastes, as defined by EPA
regulations, shall not be accessed internally under any circumstance (except for emergency
situations)while on the site.
(b) Railcars containing residues of hazardous, or non-hazardous materials, as defined by United
States Department of Transportation regulations, may be accepted on site for the purpose of
inspection, maintenance, repair, cleaning, surface coating, storage, and occasional dismantling
of the railcar. Railcars containing residues of hazardous materials may not be retained on site
in excess of 90 calendar days unless those residues have been removed by an appropriate
cleaning process, and properly stored for off-site disposal.
18. No permanent disposal of wastes shall be permitted at this site.
19. Septic systems at the facility shall be designed by a Colorado Registered Professional Engineer
according to the Weld County Individual Sewage Disposal System Regulations.
20. Wastes and/or products generated by the cleaning, abrasive blasting and surface coating operations
shall be managed on-site, for disposal off-site, in accordance with all applicable federal, state, county
and local regulations and ordinances.
21. Wood shavings, sawdust and any waste material subject to airborne transfer of particulate matter shall
be handled, stored, and disposed of in a manner that controls fugitive dust, blowing debris, and other
potential nuisance conditions.
22. Fugitive dust shall be confined to the special review site.
23 Maximum permissible noise level shall not exceed the industrial limit according to 25-12-102, Colorado
Revised Statutes.
24. The property shall be maintained in accordance with all requirements of the Platte Valley Soil
Conservation Service.
25. 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.
26. 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.
27. No building shall be constructed within Panhandle Eastern Pipe Line Company's 50-foot right-of-way
easement.
28. 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.
961662
DEVELOPMENT STANDARDS, USR-1123
Rescar Industries, Inc.
Page 4
29. All construction on the property shall be in accordance with the requirements of the Weld County
Building Code Ordinance.
30. The property owner or operator shall be responsible for complying with the Design Standards of
Section 24.5 of the Weld County Zoning Ordinance.
31. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 24.6 of the Weld County Zoning Ordinance.
32. 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.
33. 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 the review of the Permit by the Weld County Planning
commission and approval by 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.
34. 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.
961662
Hello