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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
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