HomeMy WebLinkAbout20083193.tiff HEARING CERTIFICATION
DOCKET NO. 2008-82
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1676
FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE,OR USE BY SPECIAL
REVIEW IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT, INCLUDING RESEARCH,
REPAIRING, MANUFACTURING, FABRICATING, PROCESSING, ASSEMBLING, OR
STORAGE NATURE (INDUSTRIAL MANUFACTURING FACILITY - VESTAS) IN THE
A(AGRICULTURAL)ZONE DISTRICT-VESTAS BLADES AMERICA, INC./ REGIONAL
TRANSPORTATION DISTRICT/ CITY OF BRIGHTON
A public hearing was conducted on December 10, 2008, at 10:00 a.m., with the following present:
Commissioner William H. Jerke, Chair
Commissioner Robert D. Masden, Pro-Tem
Commissioner William F. Garcia
Commissioner David E. Long
Commissioner Douglas Rademacher
Also present:
Acting Clerk to the Board, Jennifer VanEgdom
County Attorney, Bruce Barker
Planning Department representative, Kim Ogle
Health Department representative, Lauren Light
Public Works representative, Don Dunker
The following business was transacted:
I hereby certify that pursuant to a notice dated October 27, 2008, and duly published October 31,
2008, in the Greeley Tribune, a public hearing was conducted to consider the request of Vestas
Blades America, Inc., Regional Transportation District, and the City of Brighton for a Site Specific
Development Plan and Use by Special Review Permit #1676 for a Use Permitted as a Use by
Right, Accessory Use, or Use by Special Review in the 1-3 (Industrial) Zone District, including
research, repairing, manufacturing, fabricating, processing, assembling, or storage nature
(Industrial manufacturing facility - Vestas) in the A (Agricultural) Zone District. Bruce Barker,
County Attorney, made this a matter of record.
Kim Ogle, Department of Planning Services, presented a brief summary of the proposal and
entered the favorable recommendation of the Planning Commission into the record as written. He
stated the property is expected to annex into the City of Brighton in the summer of 2009, prior to
the issuance of a Certificate of Occupancy; however, the exact date is uncertain. He stated the
site is located south of County Road 6, east of County Road 27, north of County Road 4, and
generally east of the Union Pacific Railroad(UPRR). He further stated the site is located within the
three-mile referral area for the Cities of Brighton and Fort Lupton, the Town of Lochbuie, and
Adams County. He stated the referral from the City of Fort Lupton fully supports the project, and
indicates although the area is designated as rural transitional,the proximity to the railroad provides
for logical industrial uses on the site. He further stated the City of Brighton has expressed support
of the project, no other municipal referrals were received, twenty-two referrals were provided, of
which thirteen responded favorably or included comments which have been addressed through the
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Conditions of Approval and Development Standards, and the UPRR did not return a referral.
Mr. Ogle stated the site is currently vacant and is predominantly surrounded by agricultural uses,
which he briefly described for the record. He indicated there are 25 parcels within 500 feet of the
site, the municipal limits for the City of Brighton are located three-quarters of a mile to the south,
and the municipal limits for the City of Fort Lupton are located one-quarter of a mile to the
northwest. He clarified the property is comprised of three parcels, originally planned to become
a UPRR storage yard; however, for the purpose of this application, staff has considered all three
parcels as one unit. He indicated there are existing improvements on the site which will be
demolished and removed, and there are no oil and gas activities on the site; however, Anadarko
Land Corporation owns the coal resources beneath the property. He confirmed an agreement has
been completed and the representative for Anadarko has rescinded the previous objection,
therefore, Condition of Approval #1.B may be deleted from the Resolution. He indicated two
transmission lines cross the property from east to west, and both lines are scheduled to be
upgraded; however, the date is uncertain.
Mr. Ogle indicated Vestas will construct two primary structures on the site, including the building
utilized for the assembly of the Nacelle units, and the generator portion of the wind turbine, which
will be located in the southwestern portion of the site, adjacent to the railroad corridor. He further
indicated a wash-bay building, providing a high pressure washer to clean the housing unit prior to
assembly, and a materials storage building will be utilized in conjunction with the Nacelle assembly
building. He stated the second primary structure will be the building utilized for the production of
the blades, including fabrication, painting,and storage of materials, and the building will be located
south of, and adjacent to, County Road 6. He further stated administrative offices are expected
to be constructed on the site as well. He clarified the facility for the assembly of the Nacelle units
is expected to employ 750 persons in two shifts, and the facility for the production of the blades is
expected to also employ 750 persons, in three shifts. He confirmed the entire site is secured with
monitored vehicular and access gates, security fencing, and monitoring of on-site activities. He
indicated all traffic associated with the Nacelle facility will enter the site from County Road 4, onto
a privately maintained access road into the facility, and the exact alignment of the road is being
reviewed by the City of Brighton in order to acquire the necessary right-of-way. He confirmed
County Road 4 is designated as a collector status road, requiring 80 feet of right-of-way at full
buildout, and currently contains 60 feet of right-of-way. He further indicated a majority of the traffic
associated with the blades facility will enter the site from County Road 6, which is classified by the
County as a local gravel road, containing 60 feet of right-of-way. He clarified the City of Fort
Lupton has designated County Road 6 as an arterial road, requiring 90 feet of right-of-way at full
buildout, and the City of Brighton has indicated 80 feet of right-of-way is required at full buildout,
in order to accommodate two travel lanes and a continuous turn-lane. He stated County Road 27
is classified by the County as a major arterial road, requiring 140 feet of right-of-way at full buildout.
Mr. Ogle stated the referral provided by the City of Brighton indicates the property shall be annexed
and zoned 1-2 (Heavy Industrial), the City will annex County Road 27, north of the existing
municipal limits to County Road 6, as well as County Road 4, east of County Road 27 to the
alignment of the proposed access road. He further stated County Road 6, from County Road 27
to the eastern boundary of the property, will also be annexed by the City of Brighton. He clarified
all roadway upgrades will be financed by the City of Brighton through a portion of the proceeds of
the sale of the land, in conjunction with funds requested within grant applications to the Colorado
Department of Local Affairs (DOLA) and the U.S. Department of Commerce, Economic
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Development Administration (EDA). Mr. Ogle indicated U.S. Highway 85 will also be impacted by
the additional traffic, and Condition of Approval#1.P requires the applicant to obtain the necessary
permits from the Colorado Department of Transportation (CDOT). He stated the referral from the
City of Fort Lupton referenced the U.S. Highway 85 Access Control Plan, and indicated a long-term
priority exists to close the intersection with County Road 4 at such time that the intersections with
County Roads 2, 6, or 8 are improved. He indicated the applicant has confirmed the long-term
goals of the Plan will be adhered to, and will not be compromised by the proposed development.
He clarified CDOT has provided additional comments, indicating that a right-in/right-out access will
remain at the intersection of County Road 4 and U.S. Highway 85. Mr. Ogle stated the City of
Brighton has agreed to provide water and sewer service to the site, as well complete the necessary
road improvements, by September, 2009, so that the facility may be operational by that time. He
indicated United Power has confirmed that adequate electrical service exists, and there are plans
for the construction of a terminal sub-station to provide additional power to the site, which will be
located in southeastern portion of the site. He further indicated the improvements to the railroad
lines are under review through the negotiation process, and formal conversations will take place
with the Public Utilities Commission regarding the required upgrades for the crossing locations.
He stated Vestas is willing to install airpumps at both the crossings on County Roads 4 and 6, in
order to provide additional power for the loaded trains to gain forward movement onto the main
UPRR track; however, a finalized agreement between Vestas and UPRR is required as Condition
of Approval#1.Q. He indicated the Department of Public Works has requested that the applicant
address the requirements and concerns listed in the provided memorandum, dated October 29,
2008, including public road improvements, internal access, traffic analysis, stormwater drainage,
and a transferable Long-Term Road Maintenance and Improvements Agreement.
Mr. Ogle confirmed the applicant held two neighborhood meetings, the first one on September 29,
2008,with surrounding property owners within 500 feet of the site, and the second on October 15,
2008,with the community at-large. He summarized the concerns of surrounding property owners,
including noise, light,and traffic issues. He confirmed a Landscape and Screening Plan is required
to be submitted, and shall address berming, landscaping, and other mitigation techniques to
address the concerns, as well as the method of screening storage areas, employee and vendor
parking and staging areas, trailer parking, and the wall component associated with the blades
production facility. He indicated one letter was received from Larry Warner,a surrounding property
owner to the east,and staff has received numerous telephone inquiries about the project; however,
there have been no physical reviews of the case file. Mr. Ogle displayed photographs of the site
and the surrounding area,and indicated the applicant has been granted permits to conduct grading
activities on the site; however, the applicant is aware that any work on the site is completed at its
own risk until final approval of the USR permit is received. He confirmed he has provided a
memorandum, marked Exhibit K, which provides clarification to Condition of Approval #1.P, and
Don Dunker, Department of Public Works, has also provided a memorandum, marked Exhibit L,
requesting modifications to the Resolution.
Mr. Dunker reiterated County Road 4 is classified as a collector status road, requiring 80 feet of
right-of-way at full buildout, and the average daily traffic count is 983 vehicles. He further reiterated
County Road 6 is classified as a local gravel road, requiring 60 feet of right-of-way at full buildout,
and the average daily traffic count is 287 vehicles. In response to Chair Jerke, Mr. Dunker clarified
County Road 6, east of County Road 27, is a gravel road, and he confirmed County Road 6 is
paved west of County Road 27. He stated County Road 27 is classified as an arterial roadway,
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requiring 140 feet of right-of-way at full buildout, and the average daily traffic count is
3,713 vehicles. He indicated five vehicle accidents have occurred at the intersection of County
Roads 6 and 27 within the past four years, and there have been ten accidents at the intersection
of County Roads 4 and 27, resulting in six injuries. He confirmed the Department did receive a
revised traffic study on December 3, 2008. He indicated the Long-Term Maintenance and
Improvements Agreement will include County Roads 4, 6, 27, 29, and 31, and the Department
understands the City of Brighton will complete the necessary railroad upgrades; however, the
Department will attend a future meeting to discuss the proposed improvements at the railroad
crossings. He stated County Roads 4, 6, and 27 will function as high-speed roads, and the
applicant must include a comprehensive plan for the future turn movements and volume within the
traffic study. Mr. Dunker indicated the Department received a Final Drainage Report on
December 8, 2008, and upon brief review of the submitted materials, the Department still has
several unresolved issues to be addressed; however, the Department does agree with the concept
of the design. He clarified the site will contain two detention ponds, with an approximate capacity
of 59 acre feet, and the applicant needs to continue communication efforts with the Fulton Lateral
Ditch Company to ensure the facilities are protected. In response to Commissioner Masden,
Mr. Dunker confirmed the Department agrees with the concept of the drainage plans, and he is
satisfied that the finer details will be worked out as the overall plans progress.
Lauren Light, Department of Public Health and Environment, indicated the water and sewer service
to the site will be provided by the City of Brighton at the time the annexation of the property is
completed. She stated the applicant will be required to provide a Dust Abatement Plan to address
dust on the site within the outside storage areas which will not be paved, and a Waste Handling
Plan to address the disposal of chemicals and solvents. She confirmed she has received a copy
of the initial approval from the State regarding the Air Pollution Emissions Notice(A.P.E.N.)Permit,
Development Standards#3 through #13 address the comments provided by the Department, and
there are no outstanding concerns with the application.
Chair Jerke indicated the Board would like to hear testimony from other governmental entities
before the applicant's representative reviews his presentation.
Gloria Hice-Idler, representative of CDOT, indicated CDOT supports the proposed project;
however, she expressed concern regarding the access on County Road 4. She stated CDOT is
willing to convert the intersection of County Road 4 and U.S. Highway 85 as a right-in, right-out
access, which is in compliance with the CDOT Access Control Plan. She clarified the
right-in/right-out intersection is subject to elimination if the intersection of U.S. Highway 85 and
either County Road 2 or 6 receives improvements. She indicated she has met with Nolte
Associates, Inc., and she is confident that the required improvements may be implemented in
accordance with the concept plans. She reiterated CDOT is supportive of the project and does not
anticipate any major concerns. Chair Jerke indicated the Resolution will need to reflect the
necessary language for modifications to the intersection of County Road 4 and U.S. Highway 85,
since CDOT desires for the intersection to create a right-in, right-out access. Ms. Hice-Idler
indicated the concept plans submitted by Nolte did indicate the removal of the asphalt median;
however, CDOT still requires documentation of how the turns will be redistributed. In response to
Chair Jerke, Ms. Hice-Idler indicated U.S. Highway 85 currently contains a depressed median,
except in places where traffic is allowed to cross, and she is requesting that representatives from
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Vestas physically remove the asphalt at the intersection so that traffic is not able to violate the
restricted access.
Phil Tiffany, Fire Chief, Fort Lupton Fire Protection District, indicated the District is in support of the
project,and confirmed a great working relationship exists with the Greater Brighton Fire Protection
District(GBFPD), regarding the Mutual Aid Agreement. He referred to the letter he provided,dated
October 29, 2008, indicating the District has several concerns. He confirmed the site is not directly
within the jurisdiction of the District, since the centerline of County Road 6 is the dividing line
between the two Districts; however, the proposed uses will impact the services of the District
through increased traffic accidents or calls for fire service at the facilities. He confirmed, through
the terms of the Auto-Aid Agreement with the GBFPD, when a significant call for service is
received,a specific piece of equipment is dispatched for fire services support. Mr.Tiffany indicated
the District has experienced a nine-percent budget reduction due to decreased assessed valuation,
and the fire crew is comprised of three officers on duty for each 24-hour period, and he expressed
his concerns regarding the additional calls impacting the services provided to the community. He
confirmed the District is working to accommodate fire services, and he further expressed his
concerns regarding the possibility of increased traffic accidents along County Road 6, since the
road tends to already experience excessive speed. He confirmed there was a fatal accident this
past summer on County Road 6, at the intersection with the railroad crossing. He indicated the
District is concerned about the growth pattern of the City of Brighton; however, he does promote
the growth of the Vestas facility. He clarified a letter provided by the City of Brighton indicates that
water and sewer service lines will be extended along County Road 27, and may provide services
to the Sierra Vista Mobile Home Park, located at the intersection of County Road 6 and
U.S. Highway 85, which is within the jurisdiction of the District. He further clarified in order to
provide the water and sewer service to this development, the City of Brighton will be required to
annex the development,and the GBFPD will provide services instead. He indicated the annexation
may seem inconsequential; however, the loss of assessed valuation impacts the District. He
confirmed the District opposes any property being removed, and encourages municipalities within
the immediate area to engage in conversation regarding a potential Intergovernmental Agreement
for the current boundary along County Road 6. In response to Commissioner Masden, Mr. Tiffany
clarified the existing mobile home park is currently experiencing challenges with its water and sewer
services, and is out of compliance with State requirements. He further clarified, in conjunction with
the Vestas project, the City of Brighton will extend a water and sewer line along County Road 27,
and a proposal exists for the City of Brighton to annex a portion of County Road 6 in order to
provide service to the mobile home park. He stated in order to provide the water and sewer service
to the Vestas site, the City of Brighton will be required to annex the development,which will remove
the development from the jurisdiction of the Fort Lupton Fire Protection District.
Tom Parko, Planning Director, City of Fort Lupton,stated the City fully supports the Vestas project.
He indicated a referral with comments was provided, and it appears that staff has addressed all the
concerns within the Conditions of Approval and Development Standards. He stated the future
improvements to County Road 6 will affect a gravel project operated by LaFarge; however, given
the current economic conditions, there has not been a large amount of activity at the gravel pit.
He confirmed during periods of high activity at the gravel pit, approximately 300 trucks utilize
County Road 6 to access the pit, and the addition of the trucks traveling to the Vestas facility will
require additional future improvements to the road. Mr. Parko indicated the mobile home park is
not located within the municipal limits of the City of Fort Lupton; however, he expressed his
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concerns regarding the effect of the additional heavy truck traffic proposed for the Vestas facility
in regards to the bus pick-up area for school-aged children at the entrance of the development.
Chair Jerke indicated the Board will hear all remaining public testimony following the presentation
provided by the applicant's representative.
David Mirc, Nolte Associates, Inc., represented the applicant and expressed his appreciation to
Mr.Ogle for his detailed presentation. He reviewed his PowerPoint presentation, marked Exhibit P,
providing an overview of the Vestas company. He indicated the company currently has enough
energy in place to provide power to every household within a country the size of Spain, and on
average, a new turbine is installed every four hours worldwide. He summarized the size of the
turbines, indicating the tip of the blade reaches up to 400 feet in size, which is equivalent to a
40-story building, and the rotation speed of the blades can reach up to 150 miles per hour. He
reviewed the countries in which Vestas currently provides operations, confirmed a blades facility
is currently operating within the Town of Windsor,and indicated the proposed location was selected
due to the access to the railroad and U.S. Highway 85. He reviewed the specifications of the
blades, nacelles, and towers, and indicated each are built on site and then transported to the
various wind farms by trucks containing nine axles,or by rail car. He further reviewed the proposed
site map, which has been amended slightly, and indicated the site is comprised of three parcels,
totaling 176 acres. He clarified the circulation patterns on the site, indicating the primary employee
access for the blades facility will be from County Road 6, and the primary employee access for the
for nacelle facility will be from County Road 4. He confirmed all truck traffic to the site will utilize
County Road 6,and the site circulation provides for the necessary staging of the trucks on the site.
He confirmed the trucks will travel to the site daily, and the side tracks of the rail access will also
be utilized on a daily basis. He stated the blades building will be constructed to approximately
383,000 square feet in size, producing approximately 1,800 blades annually and employing
750 employees,and the nacelles building will be constructed to approximately 267,000 square feet
in size, producing 1,400 nacelles annually and employing an additional 750 employees.
Larry Burkhardt, Upstate Colorado Economic Development Corporation (UCEDC), expressed his
support for the project, and indicated the UCEDC is pleased to have worked with Vestas and their
representatives, and the City of Brighton, for correlation of this project. He indicated the proposed
facilities represent over$50 million in new payroll to the community,as well as providing a multiplier
effect for supply companies. He indicated the proposed project will catalyze the southern portion
of Weld County, and will bring wealth and prosperity to the region for the forseeable future. He
further indicated the company is environmentally sensitive, and will help Weld County to be seen
as a leader within the renewable energy industry. He confirmed the business will contribute to
promoting economic development within Weld County,will raise the standard of living for residents,
will advance the average per capita income,and will provide meaningful employment opportunities.
John Dent, Fort Lupton Development Corporation,expressed his support for the proposed project.
He indicated he recognizes there will be significant issues relating to traffic within the immediate
vicinity; however, he understands that the City of Brighton is working to effectively address these
issues.
Jan Pawlowski, Mayor, City of Brighton, expressed her support of the proposed project and
indicated she is pleased to be able to announce new employment within the region. She stated the
project has been planned in conjunction with the Colorado Office of Economic Development,Weld
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County, UCEDC, the Metro Denver Economic Development Corporation, and the City of Brighton
Economic Development Corporation, and she is proud of all the collaboration which has taken
place. She clarified the buildings are expected to be completed in Fall, 2009, with the first
production before November, 2009, if possible. She indicated the proposed project will improve
life within the community by providing employment, absorption of empty housing, and reduction of
commuting distance for residents within the immediate area. She confirmed approximately 70
percent of the residents within the City of Brighton currently commute to the Cities of Denver or
Boulder for employment, and the creation of 1,500 new employment positions will equate to
increased employment overall within the area. She confirmed the City of Brighton is not a large
community; however, the City is committed to invest the funds to complete the necessary
improvements, including $1.7 million for water and sewer improvements and $500,000 for power
line upgrades, and she believes the road improvements will be completed by August, 2009. She
indicated the City of Brighton is proud to be associated with a project to provide alternative energy,
and the proposed project will provide diversification, sustainability,and growth for the entire region.
Larry Warner, surrounding property owner,stated his residence is directly adjacent to the proposed
site. He indicated he fully supports the project, since he is glad to see positive economic
development within the area; however, he does have concerns as well. He clarified his residence
is located less than 100 feet from the proposed facility entrance road to be utilized by the truck
traffic, and recent improvements to the road have increased the elevation of the road by
approximately three feet. He expressed his concerns regarding light coming from the property,and
the noise and dust from the heavy amount of traffic accessing the site at all hours. He indicated
he requested that the applicant install a berm in order to mitigate noise and light concerns;
however,the most recently provided sketch of the property indicates the applicant intends to install
a swale to control water on the property and a chain-link fence. He clarified the chain-link fence
will not provide any mitigation of the noise from the traffic. He further expressed concerns
regarding the permeation of diesel fumes,and he requested the Board require the applicant to take
the necessary action to reduce impacts to surrounding property owners. In response to Chair
Jerke, Mr. Warner indicated the location of his property on the map provided, and confirmed his
property is 5.5 acres in size. He stated he has been in negotiations with the applicant regarding
the access road which does extend slightly onto his property. He confirmed his residence was built
in 1876, and the applicant has agreed to move the fence line back a total of nine feet from the
property line to help alleviate his concerns, which he appreciates; however, the construction of a
chain-link fence will not provide the necessary screening. He clarified construction activities on the
site have been on-going for the past two months,which has been frustrating, since the noise is not
being mitigated. He further clarified the construction equipment has been operating in extremely
close proximity to his residence, which creates a large amount of dust, therefore, he contacted the
Department of Public Health and Environment, and a staff member visited the site and ordered that
operations be ceased for that day. He confirmed the construction activities began again the very
next day; however, he did not call in a complaint because the dust was blowing another direction
that day. In response to Commissioner Masden, Mr. Warner confirmed his house is constructed
of brick and is located at the end of road, and the access road to the facility will be less than 100
feet from the front steps of his house. He reiterated a swale will be constructed and the proposed
chain-link fence will be installed within the 100 feet distance; however, the increased height of the
road is contributing to additional noise and other concerns.
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Raymond Gonzales, representative for the Brighton Economic Development Corporation,
expressed his support for the project, and indicated the Board of Directors anticipates continued
collaboration with the UCEDC in order to market the area and attract other renewable energy
sources.
Mary Falconburg,Community Development Director for the City of Brighton,expressed his support
for the proposed project, and indicated it has been a pleasure to work with staff from Weld County,
as well as other agencies. He confirmed the proposed project is large in nature and has been
coordinated in a very short time frame. He confirmed the applicant's engineer is working to
accommodate the needs of the surrounding property owners, and several concerns are still being
addressed. He indicated there is not a large amount of negative testimony to be presented today,
due to the fact that the applicant's representatives previously reached out to the neighbors to
provide information. He confirmed the City of Brighton is currently processing the annexation of
the necessary roads, and the City will annex the property at a later date. He further confirmed the
water and sewer improvements are currently being designed, and will be complete by the time the
Certificate of Occupancy is issued. He indicated the time schedule is very challenging,and the City
is committed to financing the $8 million required to be invested in the proposed project.
Mark Buschenfeldt, Colorado Office of Economic Development, indicated he is present to express
Governor Bill Ritter's support of the proposed project. He confirmed Vestas has been working in
conjunction with the Governor's Office since Governor Bill Owens was in office, and he has
assisted Vestas with the proposed project for the past year. He expressed his appreciation for the
collaborative effort, and to Weld County staff for going above and beyond their duties in order to
accommodate a short time frame.
Richard Schara, surrounding property owner, clarified his property will not be directly affected by
the proposed project; however, the additional amount of traffic traveling to the site will impact the
surrounding roads, especially on County Road 6, east of County Road 29. He clarified his
residence is located directly adjacent to County Road 6, and he expressed his concerns regarding
employees traveling to the site from all directions, since many employees will most likely not utilize
State Highway 52, due to the congestion on the road. He indicated additional improvements will
also be necessary on other road segments than the designated routes suggested by staff. He
expressed his support for the project, since he thinks it will be a great asset for the community. In
response to Commissioner Masden, Mr. Dunker confirmed road counts will be taken on both
County Roads 29 and 31, Department staff will continue to monitor these roads, and the applicant
will be required to provide dust abatement as a part of the Long-Term Road Maintenance
Agreement. Further responding to Commissioner Masden, Mr. Schara indicated County Road 29
does not currently receive dust abatement; however, County Road 6, up to the intersection with
County Road 29, does receive treatment from the County. He confirmed with the proposed
additional traffic, both County Roads 29 and 31 will require additional improvements.
Commissioner Masden stated staff has confirmed that both roads will be monitored, and
improvements will be provided as necessary.
Nick Febbraro, surrounding property owner, indicated he concurs with the concerns presented by
Mr. Warner, and stated his property is located due south of Mr. Warner's property, therefore, he
faces a lot of the same problems. He confirmed he has been working closely with the applicant's
representatives; however, they have failed to satisfactorily address the concerns arising from the
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current construction activities on the site. He expressed further concern regarding the future of
County Road 6, indicating there will be a large amount of traffic which will create maintenance
concerns. There being no further comments, the Chair closed the public input portion of the
hearing.
In response to Chair Jerke, Mr. Mirc indicated the applicant is committed to working with CDOT
regarding the requirements for the intersection of County Road 4. He explained the long-term plan
was to completely close the intersection of County Road 4 and U.S. Highway 85, the applicant
understands the plans for the intersection and does not object to them, and the applicant will work
with CDOT to finalize the details for the intersection. He indicated he cannot address the concerns
presented by the Fort Lupton Fire Protection District, and he will defer those concerns to the City
of Brighton to coordinate the necessary emergency services for the site. He expressed his
appreciation to all the members of the audience who expressed support for the project, he
confirmed representatives have been working with Mr. Warner to resolve his concerns, and he
indicated the applicant will work to mitigate the impacts during construction activities. He stated
representatives will work with staff regarding the fencing and screening requirements, and will
adhere to the details required within the Weld County Code. He clarified the construction
contractors are required to adhere to the dust mitigation specifics of the Fugitive Dust Permit
issued by the State,as well as Weld County requirements. He indicated he appreciates notification
from Mr. Warner if the contractor is exceeding the limitations of the permit, and Mr. Dunker has
confirmed that the Long-Term Road Maintenance Agreement will satisfy the concerns raised
regarding County Road 6.
In response to Commissioner Rademacher, Mr. Mirc confirmed the applicant will submit a
Photometric Plan which identifies the lighting limits and projections on the site,and he understands
the Weld County Code contains requirements regarding the intensity of the lights. Responding to
Commissioner Masden, Mr. Mirc explained the installation of a berm is not feasible, due to the
amount of drainage on the site, and the applicant will present the fencing specifics within the
Landscape Plan for staff approval. He confirmed the screening requirements will help to
accommodate and mitigate the noise concerns. Commissioner Masden suggested the applicant
plant trees to mitigate pollution and noise if a berm cannot be constructed. In response, Mr. Mirc
confirmed Vestas is committed to being a good neighbor, and he believes once the final plans are
developed, the neighbors will be able to see that Vestas is committed to due diligence.
Commissioner Rademacher indicated the concerns voiced by Mr. Warner could be mitigated by
building a privacy fence around Mr. Warner's property so that he is not impacted the noise and
traffic. Mr. Mirc indicated the applicant is open to discussions regarding the construction of a
privacy fence, and he clarified the entrance road is located 70 feet from the eastern property line.
He indicated he believes Mr. Warner's concerns may be mitigated with positive resolution.
In response to Commissioner Rademacher, Mr. Ogle indicated staff is requesting a complete
Landscape and Screening Plan from the applicant, which shall include an opaque fence adjacent
to the residential properties. Responding to Chair Jerke, Mr. Mirc indicated as soon as the grading
work is completed on the site, the fence will be constructed adjacent to Mr. Warner's property.
Commissioner Masden indicated the problems encountered by Mr. Warner are due to the
construction work on the site, and he prefers that a temporary privacy fence be installed
immediately. In response, Mr. Mirc indicated he prefers to work with the contractors to mitigate the
concerns rather than place a temporary privacy fence which would have to be torn down later.
2008-3193
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HEARING CERTIFICATION-VESTAS BLADES AMERICA, INC./REGIONAL TRANSPORTATION
DISTRICT/CITY OF BRIGHTON (USR#1676)
PAGE 10
Commissioner Masden confirmed Mr. Warner has a right to the full use and enjoyment of his
property, and the applicant needs to provide adequate mitigation of the dust and noise concerns
during construction activities as well. Mr. Mirc confirmed the contractors on the site will be
monitored, and operations will be shut down, as necessary, due to excessive wind.
In response to Chair Jerke, Mr. Dunker indicated his memorandum, marked Exhibit L, provides the
proposed language revision to Condition of Approval#1.EE, removing the items which have been
completed, and the deletion of Condition of Approval #1.GG.8, since the truck access has been
eliminated and combined with other accesses. The Board concurred with the proposed
modification and deletion. Mr. Dunker indicated the memorandum also suggests that the language
within Conditions of Approval #4.A.4 through #4.A.6, regarding the Long-Term Maintenance and
Improvements Agreements, be modified and combined into one paragraph, and the Board
concurred with the modification. Mr. Dunker further recommended the deletion of Development
Standard#30, since it is similar to Development Standard#29,and replace Development Standard
#30 with the following language, "Access from the intersection of County Road 4 and
U.S.Highway 85 shall be restricted to a right-in, right-out movement." Chair Jerke reiterated CDOT
has requested that this intersection be restricted, and Commissioner Rademacher indicated the
configuration of the intersection will be short-term, as CDOT plans to close the access once
improvements are completed at the next adjacent intersection. The Board concurred with the
deletion of Development Standard#30,with the replacement language as provided by Mr. Dunker.
In response to Commissioner Long, Mr. Ogle confirmed the plan is for the City of Brighton to
complete the annexation process for the properties before the Certificate of Occupancy is issued.
Commissioner Long expressed his concerns regarding complications upholding the annexation
process. Responding to Commissioner Garcia, Mr. Ogle indicated there is a current Recorded
Exemption (RE) application on file to correct an illegal land split between Donald Truax and the
Regional Transportation District(RTD); however,the RE materials are in compliance,and approval
of the application will correct the situation. Further responding to Commissioner Garcia, Mr. Ogle
confirmed no negative comments have been received from Mr. Truax or RTD. Chair Jerke
indicated Mr. Truax and RTD must complete the RE process for this project to continue to move
forward, which essentially gives both parties veto power; however, it becomes the responsibility of
the applicant to ensure the situation is resolved.
In response to Chair Jerke, Commissioner Rademacher indicated he would like for the applicant
to construct a privacy fence as soon as possible; however, he would like to hear from Mr. Warner
to confirm that he agrees with the placement of the fence. Responding to Chair Jerke, Mr.Warner
confirmed he would like to have a fence constructed to help mitigate light and noise during the
construction process. In response to Commissioner Rademacher, Mr.Warner confirmed he is not
sure where the construction activities will be taking place; however, he confirmed he is heavily
impacted to the south and west of his site. Responding to Chair Jerke, Mr. Ogle indicated
Conditions of Approval #1.GG.12 and #1.GG.14 and Development Standard #27 contain
requirements regarding exterior lighting and the Landscape and Screening Plan. Chair Jerke
suggested additional language be added to Condition of Approval #1.GG.14, to indicate that
immediate screening be provided for the Warner property.
Joseph Culkin, Nolte Associates, Inc., clarified the contractors on the site are currently grading the
site within the area immediately adjacent to the property line, therefore, the placement of a
2008-3193
PL1989
HEARING CERTIFICATION-VESTAS BLADES AMERICA, INC./REGIONAL TRANSPORTATION
DISTRICT/CITY OF BRIGHTON (USR#1676)
PAGE 11
temporary privacy fence is not feasible. He confirmed as soon as the grading activities are
completed, the intent exists to construct a permanent privacy fence. Chair Jerke indicated it is the
intent of the Board that the applicant construct a fence as soon as feasibly possible. Mr. Culkin
indicated it is the applicant's intent to construct a solid fence; however, Mr. Warner previously
requested a chain-link fence in order to prevent blowing snow from blocking the access road. He
indicated he is confused by the change in the requested style of fence, and he is waiting for a
response from Mr. Warner and Mr. Febbraro regarding the type of material to be utilized. He
confirmed he contacted both men previously to receive input regarding the installation of a fence
by Vestas, and he was told at the time that a chain-link fence would be satisfactory; therefore, the
information provided today is conflicting. Chair Jerke indicated the Board will delegate authority
to staff to work out the details of the fence, and Commissioner Rademacher confirmed that staff
has indicated that a chain-link fence will not be adequate. Mr. Culkin indicated the preferred option
is construction of a six-foot cedar fence; however,the applicant is open to whatever size or material
will solve the applicant's concerns. He further indicated the construction of the fence has also been
delayed due to the fact that the adjacent access road is situated on the Vestas property by a total
of eight feet, therefore, instead of realigning the road, Vestas has decided to leave a small buffer
and erect the fence on the other side of the buffer. He confirmed there has not been a lack of
communication, rather a lack of knowledge of how to resolve the problem; however,all details have
now been resolved, except for the material of the fencing. Chair Jerke indicated he believes the
language contained within Condition of Approval #1.GG.14 is sufficient as printed, and he gave
direction to Planning staff to work with both parties to come to an agreement regarding the fencing
type.
Commissioner Masden expressed his appreciation to all who provided testimony, and indicated
Weld County has worked with Vestas in the past with great success. He indicated the company
has become a good neighbor at its current location, and he hopes that the issues with the
neighbors of this facility will be resolved. He confirmed it is great to witness such a positive
response, which proves that Vestas has been diligent to meet the requirements. He stated the
southern portion of Weld County will benefit from this project, as well as the surrounding region,
and he hopes this project will set the stage for additional development within the area.
Commissioner Rademacher concurred and indicated this project will be well received in this portion
of the County. He indicated he understands the applicant has taken on a large amount of
collaboration and he is glad to hear so much support for the project. Commissioner Garcia
expressed his appreciation to staff and all of the other representatives who have contributed to the
project, and he indicated it is exciting to see everyone working together to achieve a resolution.
Commissioner Long expressed his appreciation to all involved for their collaboration, and he
indicated he is disappointed that no members of the press are present at the hearing today. He
indicated this is a positive project which needs to be heard about, especially in light of the recent
economic situation.
In response to Chair Jerke, Mr. Mirc indicated he and the applicant have reviewed,and concur with,
the Conditions of Approval and Development Standards, as modified.
2008-3193
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HEARING CERTIFICATION-VESTAS BLADES AMERICA, INC./REGIONAL TRANSPORTATION
DISTRICT/CITY OF BRIGHTON (USR#1676)
PAGE 12
Commissioner Masden indicated he and Commissioner Jerke only have three weeks left in their
tenure as Commissioners, and the hearing today was a great way to finish their careers as
Commissioners in a positive way.
Commissioner Masden moved to approve the request of Vestas Blades America, Inc., Regional
Transportation District, and the City of Brighton, for a Site Specific Development Plan and Use by
Special Review Permit #1676 for a Use Permitted as a Use by Right, Accessory Use, or Use by
Special Review in the 1-3 (Industrial) Zone District, including research, repairing, manufacturing,
fabricating, processing, assembling, or storage nature (Industrial manufacturing facility-Vestas)
in the A (Agricultural) Zone District, based on the recommendations of Planning staff and the
Planning Commission,with the Conditions of Approval and Development Standards as entered into
the record, and modified. His motion included the modification of Condition of Approval #1.EE to
state, "The applicant shall provide a Final Traffic Study stamped, signed, and dated by a Colorado
licensed professional engineer. That study shall update the Preliminary Study, addressing all
redline comments in the Preliminary Study, and address Vestas-specific traffic issues, including
Turn Lane Warrant Analysis(including CDOTAccess Code, storage capacity, and lengths for turn
lanes) for County Roads 4, 6, and 27, and an Analysis of Sight Distance for the Vestas site and for
the railroad crossings. The submitted Preliminary Traffic Study did not adequately address the
unusual materials delivery and product shipping needs associated with the Vestas facility(44 meter
blades, 750,000 pound nacelles). In particular, the Final Traffic Study shall include a
comprehensive plan for future traffic volumes and identify needed intersection and rail crossing
improvements, intersection and access point radii increases, and turn movements. The applicant
shall address CDOT's concerns in the Final Traffic Study. Evidence of such shall be submitted,
in writing, to the Weld County Department of Planning Services."; the deletion of Condition of
Approval#1.GG.8, with the required re-numeration; the deletion of Conditions of Approval#4.A.5
and 6, and the modification of Condition of Approval#4.A.4 to state,"The Long-Term Maintenance
and Improvements Agreement includes the applicant's and/or the City of Brighton's obligation for
funds, upgrades, and long-term maintenance on County Road 6 from U. S. Highway 85 to the east
edge of the property, County Road 4 from U.S. Highway 85 to the south employee access
entrance, and County Road 27, from County Roads 4 to 6. General upgrades and maintenance
shall include improvements to the affected intersections, traffic signals, railroad crossings
improvements including safety arms, and deceleration and acceleration turn lanes at access points
to the facility and affected intersections. The agreement shall specify construction of deceleration
and acceleration turn lanes at access points to the facility and shall include construction of
additional lanes and paving of County Road 6 from County Road 27 to the east boundary line of
the property. A portion of County Road 6, east of U.S. Highway 85, has been annexed by the City
of Fort Lupton; the Long-Term Maintenance and Improvements Agreement will specify
improvements to this portion of County Road 6, and will also specify improvements to the
intersection of County Road 6 and U.S. Highway 85, as needed. County Road 6, east of
U.S. Highway 85 to the site, shall be designated as the main access route for heavy truck traffic.";
the deletion of Development Standard #30, with the following language to be inserted in its place,
"Access from the intersection of County Road 4 and U.S. Highway 85 shall be restricted to a right-
in, right-out movement." The motion was seconded by Commissioner Long. Chair Jerke
expressed his appreciation to Mr. Ogle, as well as other Planning staff members, for their
dedication to processing this application, and he further expressed his appreciation to
representatives of Vestas for investing in America. There being no further discussion, the motion
carried unanimously, and the hearing was completed at 11:55 a.m.
2008-3193
PL1989
HEARING CERTIFICATION-VESTAS BLADES AMERICA, INC./REGIONAL TRANSPORTATION
DISTRICT/CITY OF BRIGHTON (USR #1676)
PAGE 13
This Certification was approved on the 15th day of December, 2008.
APPROVED:
.i t..., BOARD OF COUNTY COMMISSIONERS
ury �!eil > —, %\ WELp_Cn DO
ATTEST: ���" f 444 '' �(iUi
c k * / " illilgm Jerke, Chair
Weld County Clerk to the P 6 (t- h.ifi
. - V �YII�/ie1l,_
t' r' ::I . Rob rt Masd , P o-Tem
BY: / ///e..-1 ,-) / � �
Deputy Clerk'to the Board 1.j C t / l
Fi ),._
. Garcia
David E. Long n V
ca i r
Douglas ademac r
2008-3193
PL1989
EXHIBIT INVENTORY CONTROL SHEET
Case USR #1676 -VESTAS BLADES AMERICA, INC.
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Items Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 11/18/2008)
D. Planning Staff Certification and Photo of sign posting
E. Planning Staff Referral Response from Town of
Severance, dated 11/17/2008
F. Planning Staff E-Mail correspondence from David Bauer
re: Railroad service, dated 11/17/2008
G. Planning Staff E-Mail correspondence from CDOT - Gloria
Hice-Idler, dated 12/04/2008
H. Planning Staff New Site Layout Maps, dated 12/08/08
Planning Staff Letter from Nolte and response to referral,
dated 12/5/08
J. Planning Staff Letter from Molly Sommerville Buchanan,
PC, dated 12/09/08
K. Planning Staff Memo from Kim Ogle, dated 12/10/08
L. Public Works Staff Memo from Don Dunker, dated 12/10/08
M. Planning Staff E-Mail correspondence from Terry Bowen
and Agreement Concerning Coal Rights,
dated 12/09/08
N. Molly Sommerville Buchanan Letter withdrawing objection, dated
12/09/08
O. School District 27-J Referral response, received 12/12/08
P. Applicant Copy of PowerPoint Presentation
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