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HomeMy WebLinkAbout961585.tiff .! 411 2: 6 II ! ur4t i N I g I 'i 6 R,2a I. ■ 8 cr 65 i el I�al t} ! 1. p Iii Ii II ! U ° p1 9 1 n U) is Mil 841 li i it 11 �8 ;Hi it if,i 11-`..1 Ieel li -° ,R, I� 'f ICI I, I' �E vii I i i ii ,i i ;! lee; f C se !(; !�I�j !-�lgg !. tlii 1; I �I f�. ill a Il ,[iys i9 1 I OA iiii Iii F6 ir ip ill I',ti ,, y! 1 sr t:t t °1t1g _ R @@1 fJW Jill flli4! !JJIIJI !II i '°q a 8 .�'� 1 li r ��'".T���'� ' �r n $ 1O 6 4 o ti c CO J Ecii- o Ji 1 If 1 III r:a a —IWJ qr g 1iii.8,y8L. #1 ip !ii Ii I.'IFI i.'jit PI' e!'1! :'1i :•g8 lag i ill ; n8 '"w :la Se a!! s:c .R3�d I I I I calcx.,...1E-.E... I I 1 Lwow �c4 w I I ii I j aCn��� I I N4 I I I� rx1 E4 41 cpw I I I jZ rk rd I 4 I I Wc4V N I \ n/ n ! I IE z0 W�' y *n � -- . ♦N I Nz r J1� ��.. S I WW yy \ \\ ^ W� I� z3� V Vs a1c2 o Ca, u- - W 0I 48 o z l I 'I ‘%' ''\ \ \ : ' I 'r—', a z �� ti I I � o /f. I V awo U a S \ WNR 4. .3 e1 g I'/] a \� \- \ , \ I +' _.%,.-R. I I I 1 , 3OO + \ : w , z �n I �N \ I i �N I I Boa N \ j-----t---- 1 72i \I N W d L----i-I� w ;E pzQ v. a�w I I I II E L-io I az o a� 3 is g sS.,21/31 ii'L.'i I,9,0SMO.317S1 J • 9DI5 5 RESOLUTION RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND SPECIAL REVIEW PERMIT #1123 FOR A RAILCAR MAINTENANCE AND REPAIR FACILITY TO INCLUDE RAILCAR INSPECTION, MAINTENANCE, CLEANING, DISMANTLING, STORAGE, AND SURFACE COATING IN THE A (AGRICULTURAL) ZONE DISTRICT - RESCAR INDUSTRIES, INC. 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 11th day of September, 1996, at the hour of 10:00 a.m. in the Chambers of the Board for the purpose of hearing the application of Rescar Industries, Inc., 1101 31st Street, Suite 250, Downers Grove, Illinois 60515, for a Site Specific Development Plan and Special Review Permit#1123 for a railcar maintenance and repair facility to include railcar inspection, maintenance, cleaning, dismantling, storage, and surface coating in the A (Agricultural) Zone District on the following described real estate, to-wit: Part of the N1/2 of Section 2, Township 1 North, Range 65 West of the 6th P.M., Weld County, Colorado WHEREAS, said applicant was represented at said hearing by Jerry Charaska, Plant Manager in Iowa, 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, 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. bidc"j' A.j R,sca c 961585 PL0396 SPECIAL REVIEW PERMIT#1123 - RESCAR INDUSTRIES, INC. PAGE 2 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 Planning Commission reviewed this proposal and found no conflicts with its 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, and 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). 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. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the application of Rescar Industries, Inc., for a Site Specific Development Plan and Special Review Permit#1123 for a railcar maintenance and repair facility to include railcar inspection, maintenance, cleaning, dismantling, storage, and surface coating in the A (Agricultural) Zone District on the hereinabove described parcel of land be, and hereby is, granted subject to the following conditions: 961585 PL0396 SPECIAL REVIEW PERMIT#1123 - RESCAR INDUSTRIES, INC. PAGE 3 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 which shows 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 percent 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. 961585 PL0396 SPECIAL REVIEW PERMIT#1123 - RESCAR INDUSTRIES, INC. PAGE 4 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of September, A.D., 1996. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ,aul lieti Barbara . Kirkmeyer, Chair 1861 `�70%� -'. o ty Clerk to the Board O J)/1 rge . Baxter, Pro- e 'r Deputy Cler t', the Board Dale K. Hall AP V AS TO F l -4—r7 -retyce-e_; ,cZcty Constance L. Harb ou y Attorney Webster 961585 PL0396 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 subject to the Development Standards stated herein. 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; 961585 PL0396 DEVELOPMENT STANDARDS - RESCAR INDUSTRIES, INC. (USR#1123) PAGE 2 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. 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 inspections 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 States Department of Transportation. The request shall describe all proposed handling, storage, and spill prevention procedures. 961585 PL0396 DEVELOPMENT STANDARDS - RESCAR INDUSTRIES, INC. (USR#1123) PAGE 3 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 products, 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. 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. 961585 PL0396 DEVELOPMENT STANDARDS - RESCAR INDUSTRIES, INC. (USR#1123) PAGE 4 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. 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 961585 PL0396 DEVELOPMENT STANDARDS - RESCAR INDUSTRIES, INC. (USR#1123) PAGE 5 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. 961585 PL0396 Hello