HomeMy WebLinkAbout20083181.tiff BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
• Moved by Mark Lawley,that the following resolution be introduced for passage by the Weld County Planning
Commission. Be it resolved by the Weld County Planning Commission that the application for:
CASE NUMBER: USR-1676
APPLICANT: Vestas Wind Systems A/S
PLANNER: Kim Ogle
REQUEST: Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL DESCRIPTION: Part NW4, Lying East of Union Pacific Railroad; N2SW4, East of the RR also
part NE4SW4; and a portion of Lot B of AmRE-1058 being part NE4SW4
together with a portion of the NW4SE4 Section 29,Ti N, R66W of the 6th P.M.,
Weld County, Colorado.
LOCATION: South of and adjacent to CR 6; East of CR 27; 0.25 miles north of CR 4,
generally East of and adjacent to the Union Pacific Railroad.
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 23-2-260 of
the Weld County Code.
2. It is the opinion of the Planning Commission that the applicant has shown compliance with Section
23-2-220 of the Weld County Code as follows:
A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other
applicable code provisions or ordinance in effect. Section 22-2-150.D.A Goal 4 states:
"Conversion of agricultural land to nonurban residential, commercial and industrial uses will
be accommodated when the subject site is in an area that can support such development.
Such development shall attempt to be compatible with the region." Currently the lands are
vacant with marginal agricultural production on lands to the south (RTD), whereas the north
property(Brighton) had the irrigation water removed from the property. Given the lands are in
agricultural production, there is an evolving change in the use for the land,from agriculture to
industrial, as is evidenced by the current adjacent properties to the North and West. The
City of Brighton has indicated it is their intention to annex this development at the issuance of
the Temporary Certificate of Occupancy, in summer of 2009, as indicated in their referral
dated November 3, 2008.
Section 22-2-150A.I.Goal 1. states: "Conversion of agricultural land to industrial uses will be
encouraged when the subject site is in an area that can support such development and
where adequate services are currently available or reasonably obtainable." The City of
Brighton in a letter dated September 12, 2008 indicates that the City currently has water and
sanitary sewer facility capacity to serve this proposed facility and other developments in the
area. The water will be for potable, fire suppression and irrigation purposes. An agreement
between the applicant and the City of Brighton to serve this proposal will be required as a
Condition of Approval.
Section 22-2-150.B.I.Goal 2. states: "Encourage the expansion and diversification of the
industrial economic base." The proposed development brings new manufacturing facilities
along with ancillary services that will result in a diversified economy that offers a wider range
of employment opportunities that utilizes existing labor more effectively, reduces out-
migration of skilled workers and youths;develops greater employment stability and, improves
infrastructure.
Section 22-2-150.B.I.Policy 2.5 states: ". . . In addition,the criteria for evaluation will include,
• but not be limited to,the effect the industry would have on, the access between public roads
and the proposed industrial development or district. The applicant will demonstrate, to the
2008-3181
Resolution USR-1676
Vestas Wind Systems NS
Page 2
satisfaction of the Board of County Commissioners, that the street or highway facilities
• providing access to the property are adequate in size and quality to meet the requirements of
the proposed district or development. Internal road circulation,off-street parking, acceleration
lanes, deceleration lanes, common access collection points, signalization and other traffic
improvements should be required wherever necessary to mitigate traffic impacts caused by
the development. The Department of Public Works is requiring the applicant to address
Vestas-specific traffic issues including: turn lanes, storage capacity and lengths for turn
lanes, for County roads 4, 6 and 27, and for U.S. Highway 85. A signal analysis, a sight
distance analysis for the Vestas site and for the railroad crossings is also required. Finally,a
comprehensive plan for future traffic volumes, intersection and rail crossing improvements,
intersection and access point radii increases and turn movements, and evaluation of safe
routes for pedestrians, bicycle, and transit accesses is required at a minimum.
Section 22-2-150.C.I.Goal 3.states: "Achieve a well-balanced,diversified industrial sector in
order to provide a stable tax base and to provide a variety of job opportunities for County
citizens." The proposed development brings a diversification of employment opportunities in
the manufacturing, transportation, warehousing and support services to the region.
Section 22-2-150.B.5.c. states"The access between public roads and the proposed industrial
development or district. The land use applicant will demonstrate, to the satisfaction of the
Board of County Commissioners, that the street or highway facilities providing access to the
property are adequate in size and quality to meet the requirements of the proposed district or
development. Internal road circulation, off-street parking, acceleration lanes, deceleration
lanes,common access collection points, signalization and other traffic improvements should
be required wherever necessary to mitigate traffic impacts caused by the development." The
applicant has submitted a Traffic Study that has been reviewed by the Colorado Department
of Transportation, City of Fort Lupton, City of Brighton and Weld County Public Works. The
City of Brighton has indicated that County Roads 27, 6 and 4 will be annexed by the City and
• upgraded to meet the needs of the community, traveling public and this proposed facility.
The City of Brighton in their referral response dated November 3, 2008 states"In order for
the City to construct the proper roadway to meet Vestas' needs, the [improvements] are
being financed by the City through a portion of the sale proceeds from the land and via grants
currently being requested through the Department of Local Affairs and the Economic
Development Administration."
Section 22-2-150.D I.Goal 4. states"All new industrial development should pay its own way."
The proposed development includes the expansion of water and sewer by the City of
Brighton, as well as road improvements to County Roads 27, 6, 4 and U.S. Highway 85.
Section 22-3-110.A states:"U.S. Highway 85 between Wyoming and the Denver Metropolitan
Area is a vital corridor providing a transportation link serving the County. Subsection B.
states: "With this in mind, the Colorado Department of Transportation (CDOT) has
completed the U.S. Highway 85 Corridor Study to address the ability of the corridor to
efficiently move traffic. The Upper Front Range Regional Planning Commission has
recommended the implementation of an Access Management Plan which is incorporated in
an agreement between all governmental agencies in Weld and Adams Counties that have
authority over land use along the U.S. Highway 85 corridor."And Subsection C. states:"The
Comprehensive Plan contained in this Chapter recognizes the importance of preserving the
efficiency of the U.S. Highway 85 corridor and encourages the cooperation of all interested
parties. (Weld County Code Ordinance 2002-6) The applicant has indicated that the integrity
of the plan will remain and adherence to the long term goals associated with the 1999 Access
Control Plan will not be compromised by their proposed development.
Section 22-3-130.B states: "The Union Pacific (UPRR) operates a north/south single track
mainline with centralized traffic control between Denver and Cheyenne. Subsection D states
"Potential for conflict exists between railroad lines and other land uses. . . and are able to be
• mitigated by signalizing or separating crossing points for trains from other vehicular and
pedestrian traffic, and separating noise-sensitive uses by distance or utilizing noise
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Vestas Wind Systems A/S
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• abatement techniques. Further, Subsection E. states "At present, the County's role in rail
transportation is limited to land use considerations through the administration of the Weld
County Zoning Ordinance, Chapter 23, of this Code. The primary regulatory agencies are
located at the Federal and State levels." The applicant has indicated that they are in
negotiations with representatives of the Union Pacific Railroad and have held conversations
with the Public Utility Commission concerning the required upgrades to these crossing
locations. A finalized Agreement between Union Pacific Railroad and the property owner will
be required prior to recording the USR plat.
Section 22-4-30.A.2. WA.Policy 1.2.states:"Application for new development should include
provisions for adequately handling drainage and for controlling surface erosion or
sedimentation within the site itself" The applicant has submitted a preliminary plan and
report to specifically address these issues for review by the Department of Public Works.
The Department of Public Works has provided comment with stated requirements prior to
submitting the final documents as indicated in their referral dated November 3, 2008.
B. Section 23-2-220.A.2--The proposed use is consistent with the intent of the A(Agricultural)
Zone District. Section 23-3-40.R of the Weld County Code provides for a Site Specific
Development Plan and Special Use Permit for any Use Permitted as a Use by Right, an
Accessory Use, or a Use by Special Review in the Industrial (1-3) Zone District, including
research, repairing, manufacturing, fabricating, processing, assembling or storage nature
(Industrial Manufacturing Facility)in the A(Agricultural)Zone District. The City of Brighton in
their referral response dated November 3, 2008 states"As agreed to by the City of Brighton
and Vestas Blades America, Inc., via the Purchase and Sale Agreement(a pre-annexation
agreement has not been finalized). The Vestas properties shall be annexed to the City of
Brighton,zoned with an 1-2 (Heavy Industrial)Zone District designation. . . ." The property is
to be annexed, zoned and has the proper infrastructure(i.e., potable water, sanitary sewer,
• and roadways) in place prior to September 2009 when the Vestas facility is operational."
C. Section 23-2-220.A.3--The uses which will be permitted will be compatible with the existing
surrounding land uses. The site currently is vacant. The surrounding property is primarily
agricultural in nature with a few homes in close proximity, with a commercial greenhouse to
the south, the UPRR main line track to the West with residential structures located west of
the main track, agricultural lands to the North with a few homes located in close proximity to
the East. There are 25 parcels within 500 feet of the property. The City of Brighton municipal
boundary is located 0.75 miles south of the site and the City of Fort Lupton municipal
boundary is located 0.25 miles to the northwest of the site. Section 23-2-240.A.10 of the
Weld County Codes states"...that buffering or screening of the proposed use from adjacent
properties may be required in order to make the determination that the proposed use is
compatible with the surrounding uses." As a Condition of Approval the applicant will be
required to screen the use from adjacent properties and all rights-of-way. Development
Standards and Conditions of Approval will ensure that the proposed use will be compatible
with the vicinity.
D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future
development of the surrounding area as permitted by the existing zoning and with the future
development as projected by Chapter 22 of the Weld County Code and any other applicable
code provisions or ordinances in effect, or the adopted Master Plans of affected
municipalities. The site is located within three mile referral area for the City of Brighton and
Fort Lupton, Town of Lochbuie and Adams County. The City of Fort Lupton returned a
referral dated October 31, 2008 indicating full support of the project and indicated
employment uses are appropriate for the future in this area. The City of Brighton returned a
referral dated November 3, 2008 stating"The City of Brighton effusively supports the project
and is desirous of setting forth the city's future intentions for the area and the facility. . . ." No
• other referrals have been received.
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E. Section 23-2-220.A.5--The site does not lie within any Overlay Districts.
• Effective January 1, 2003, Building Permits issued on the proposed lots will be required to
adhere to the fee structure of the County Road Impact Program. (Ordinance 2002-11)
Effective August 1, 2005, Building permits issued on the subject site will be required to
adhere to the fee structure of the Capital Expansion Impact Fee and the
Stormwater/Drainage Impact Fee. (Ordinance 2005-8 Section 5-8-40)
F. Section 23-2-220.A.7 -- The Design Standards (Section 23-2-240, Weld County Code),
Operation Standards (Section 23-2-250, Weld County Code), Conditions of Approval and
Development Standards ensure that there are adequate provisions for the protection of
health, safety, and welfare of the inhabitants of the neighborhood and County.
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 recommendation for approval is conditional upon the following:
1. Prior to recording the plat:
A. The applicant shall submit a detailed sign plan in compliance with Chapter 23 Division 2 of
the Weld County Code to the Weld County Department of Planning Services for review and
approval. (Department of Planning Services)
B. Section 22-2-150.F (.Goal 6. states"The extraction of minerals ... should preserve the land
and minimize the impact on industrial land uses. Further, Section 22-5-80.A 1 CM.Policy 1.1.
Access to future mineral resource development areas should be considered in all land use
•
decisions in accordance with state law. No County governmental authority which has control
over zoning shall, by zoning, rezoning,granting a variance or other official action or inaction,
permit the use of any area known to contain a commercial mineral deposit in a manner which
would interfere with the present or future extraction of such deposit by an extractor."
Anadarko stipulates that they have the subsurface mineral estate for hard rock mineral,coal,
only. The applicant shall either submit a copy of an agreement with the property's mineral
owner/operators stipulating that the commercial mineral activities have been adequately
incorporated into the design of the site or show evidence that an adequate attempt has been
made to mitigate the concerns of the mineral owner/operators. (Department of Planning
Services)
C. The applicant shall address and resolve the land split between Donald Truax and the
Regional Transportation District. The applicants shall address the Conditions of Approval
and record the plat for the Recorded Exemption when it is submitted for processing and
approval. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Planning Services)
D. The applicant shall submit a recorded Deed describing the property associated with the
Vestas project. (Department of Planning Services)
E. The applicant shall address and resolve the requirements(concerns)of the Fort Lupton Fire
Protection District, as stated in the referral response dated October 29, 2008, specific to
adherence of the Fort Lupton Transportation Plan. Other concerns are the potential traffic
delays associated with the facility and the annexation of lands into the District's service area.
Evidence of such shall be submitted in writing to the Weld County Department of Planning
Services. (Department of Planning Services)
•
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F. The applicant shall address and resolve the requirements (concerns) of the Weld County
• Department of Public Works, as stated in the referral response dated October 29, 2008,
including but not limited to public road improvements, internal access, additional traffic
analysis, stormwater drainage, geo-technical issues and a transferable Long-Term
Maintenance and Improvements Agreement. Evidence of such shall be submitted in writing
to the Weld County Department of Planning Services. (Department of Planning Services)
G. The applicant shall address and resolve the requirements (concerns) of the Weld County
Department of Public Health and Environment, as stated in the referral response dated
November 4, 2008. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
H. The applicant shall address and resolve the requirements(concerns)of the Division of Water
Resources, Office of the State Engineer, referral dated October 7, 2008. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
The applicant shall address and resolve the requirements (concerns) of the Weld County
Department Building Inspection, referral dated October 14, 2008. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
J. The applicant shall address and resolve the requirements (concerns) of the City of Fort
Lupton, referral dated October 31, 2008. Including but not limited to right-of-way on County
Road 6; and adherence to the 1999 US 85 Access Control Plan, specific to the intersections
of SH 85 and County Road 4 and 6. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
• K. The applicant shall submit to the Department of Planning Services with a property
maintenance plan for review and approval. The maintenance plan shall be in compliance
with Section 23-2-250.B.7 of the Weld County Code. (Department of Planning Services)
L. The applicant shall submit a dust abatement plan for review and approval, to the
Environmental Health Services, Weld County Department of Public Health & Environment.
Evidence of approval from the Department of Public Health and Environment shall be
submitted to the Department of Planning Services. (Department of Public Health and
Environment)
M. The applicant shall submit a waste handling plan, for approval, to the Environmental Health
Services Division of the Weld County Department of Public Health&Environment. Evidence
of approval from the Department of Public Health and Environment shall be submitted to the
Department of Planning Services. The plan shall include at a minimum, the following:
1. A list of wastes which are expected to be generated on site (this should include
expected volumes and types of waste generated).
2. A list of the type and volume of chemicals expected to be stored on site.
3. The waste handler and facility where the waste will be disposed(including the facility
name, address, and phone number). (Department of Public Health and Environment)
N. The applicant shall submit a Landscape and Screening Plan for the site. The plan shall
include the method of screening the blade storage area, the Nacelles staging area, the
employee and vendor parking and staging areas, and trailer parking from adjacent and
neighboring properties and future rights-of-way. The applicant shall maintain compliance with
• Section 23-2-250.B.7 of the Weld County Code at all times. (Department of Planning
Services)
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O. The applicant shall complete all proposed improvements including those regarding
• landscaping,screening,access improvements and parking lot requirements or enter into an
Improvements Agreement according to policy regarding collateral for improvements and post
adequate collateral for all required materials. The agreement and form of collateral shall be
reviewed by County Staff and accepted by the Board of County Commissioners prior to
recording the USR plat. (Department of Planning Services)
P. The applicant shall contact the Colorado Department of Transportation to verify the access
permit or for any additional requirements that may be needed to obtain or upgrade a current
permit. Evidence of approval shall be submitted to the Department of Planning Services.
(Department of Public Works)
Q. The applicant shall provide in writing an agreement between the railroad and the property
owner for improvements to the operational tracks, the loading tracks, the infrastructure
improvements to the system, including and not limited to upgrades of new and existing
railroad crossings and/or additional requirements that may be necessary to obtain, upgrade
or apply for crossing arms associated with this location. (Department of Planning Services,
Department of Public Works)
R. The applicant shall provide evidence of the ability to be serviced by a public water and public
sanitary source. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Planning Services)
S. The applicant shall provide evidence that the Western Area Power Administration (WAPA)
115kV line has been relocated and placed in recorded easements to the satisfaction of the
Western Area Power Administration. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Planning Services)
• T. The applicant shall provide evidence that the United Power transmission line has been
relocated and placed in recorded easements to the satisfaction of United Power. Evidence of
such shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Planning Services)
U. The applicant shall provide evidence that the United Power has applied for and gained
approval through the County land use permitting process for placement of this dead end
substation, providing service to the manufacturing facility. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Planning Services)
V. The applicant shall submit in writing evidence that all utility easements have been vacated
should they not be utilized by the applicant. Evidence of such shall be submitted in writing to
the Weld County Department of Planning Services. (Department of Planning Services)
W. Weld County Public Works received a Preliminary Drainage Report for the Vestas Wind
Systems A/S project October 6, 2008 located at CR-27 and CR-6. The report was prepared
by Nolte Associates, Inc., Rick Rome, Registered Professional Engineer State of Colorado,
number 35103. The report was not stamped and signed. The applicant shall submit a
signed Drainage Report to the Department of Public Works. Evidence of such shall be
submitted in writing to the Weld County Department of Planning Services. (Department of
Public Works)
X. Per Weld County code Ordinances 2001-1;2003-10,2006-7,the project would be required to
detain site runoff from the 100-year storm and release at the 5-year undeveloped site,
however, due to site constraints, the applicant has proposed stormwater retention. As
• discussed at the pre-application meeting, the applicant shall provide a letter addressed to the
County Engineer stating the need for the retention design and providing percolation data and
Resolution USR-1676
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calculations to verify that the retention ponds will drain within 72 hours as required by
• Colorado water rights law. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Works)
Y. The applicant shall provide evidence that the final drainage construction and erosion controls
plans(conforming to the final drainage report)stamped, signed,and dated by a professional
engineer license in the State of Colorado shall be submitted with each plan. Evidence of such
shall be submitted in writing to the Weld County Department of Planning Services.
(Department of Public Works)
Z. The applicant shall provide the Final Drainage Report signed, dated, and stamped by a
professional engineer licensed to practice in the State of Colorado, that report shall
update the Preliminary Drainage Report and provide a thorough analysis addressing all
redline comments in the Preliminary Report and plans including greater address to the
complications due to the railroad, contributing offsite areas, culvert hydraulics and
permanent erosion protection of the County roads. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Public
Works)
AA. The applicant shall provide a Final Geotechnical report, stamped, signed and dated by a
professional engineer licensed in the State of Colorado. Evidence of such shall be submitted
in writing to the Weld County Department of Planning Services. (Department of Public
Works)
AB. The applicant provided a Preliminary Geotechnical Evaluation that the site soils were"Highly
Corrosive" as determined by the Soils Resistivity test. Special attention shall be given to all
reinforcement and metal pipes being proposed to ensure the steel does not decay or corrode
prematurely. Evidence of such shall be submitted in writing to the Weld County Department
• of Planning Services. (Department of Public Works)
AC. The Preliminary Geotechnical Evaluation report did not have any information on the
percolation rate of the soils to support the fact that the retention ponds would drain within
72 hours to comply with Colorado water law. Please include this information within the
Final Report. Evidence of such shall be submitted in writing to the Weld County
Department of Planning Services. (Department of Public Works)
AD. The applicant shall provide three(3)complete sets of construction drawings. The drawings
must be signed, dated, and stamped by a professional engineer licensed to practice in the
State of Colorado. Prior to submitting three complete sets, a complete set can be submitted
for review. Evidence of such shall be submitted in writing to the Weld County Department of
Planning Services. (Department of Public Works)
AE. The applicant shall provide a Final Traffic Study stamped, signed and dated by a professional
engineer licensed to practice in the State of Colorado. 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 CDOT Access
Code, storage capacity and lengths for turn lanes)for the County roads 4, 6 and 27, and for
U.S. Highway 85, a Signal Warrant Analysis in accordance with the MUTCD,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 should include a comprehensive plan for future traffic
volumes, identify needed intersection and rail crossing improvements, intersection and
access point radii increases and turn movements. The Final study should also identify safe
routes for pedestrians, bicycle, and transit accesses. Address to CDOTs concerns should
• also be included in the Final study. Evidence of such shall be submitted in writing to the
Weld County Department of Planning Services. (Department of Public Works)
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AF. The applicant's submittal contains little detail on the needed improvements to County roads
• serving the site. Details regarding the proposed south access to County road 4 were not
provided. Improvements to County roads 4, 6 and 27, including potential additional lanes
(widening),turn lanes, intersection improvements,traffic signals,and safety improvements to
the increased number of railroad crossings, are needed. Trucks carrying blades will likely
need intersection improvements for U.S. Highway 85. Given the proposed heavy truck traffic
delivering materials and the stated difficulty of shipping completed blades and nacelles,
details of the design, sources of funding, and timing of construction of the County road and
State Highway improvements are requested. Specific commitments for completing these
improvements should be included in the Improvements Agreements. Evidence of such shall
be submitted in writing to the Weld County Department of Planning Services.(Department of
Public Works)
AG. The plat shall be amended to delineate the following:
1. All sheets shall be labeled USR-1676 (Department of Planning Services)
2. The attached Development Standards. (Department of Planning Services)
3. The plat shall delineate any signs (building, directional, identification, road, and
temporary et cetera) in compliance with Division 2 of the Weld County Code.
(Department of Planning Services)
4. County Road 6 is currently designated on the Weld County Road Classification Plan
as a local gravel road, which requires 60 feet of right-of-way at full build out. The
applicant shall verify the existing right-of-way and the documents creating the right-
of-way. All setbacks shall be measured from the edge of future right-of-way. If the
•
right-of-way cannot be verified, it shall be dedicated. This road is currently
maintained by Weld County.
The City of Fort Lupton, in their adopted 2007 Transportation Plan identifies County
Road 6 as an Arterial posted at 35 MPH which requires 90 feet of right-of-way at full
build out to accommodate two travel lanes in each direction and a raised and planted
median. The City of Brighton states in their referral that 80 feet of right-of-way is
required at full build out to accommodate two travel lanes, one in each direction and
a continuous turn lane. The City of Brighton will be annexing County Road 6 prior to
August 2009, and shall determine the appropriate right-of-way to accommodate the
projected future traffic demands. The future and existing right of way including the
documentation creating them shall be delineated on the plat. (Weld County Public
Works, City of Fort Lupton, City of Brighton)
5. County Road 27 is currently designated on the Weld County Road Classification
Plan as a major arterial road,which requires 140 feet of right-of-way at full build out.
There is presently 60 feet of right-of-way. An additional 40 feet on each side of the
road centerline shall be delineated on the plat as future County Road 27 right-of-way.
All setbacks shall be measured from the edge of future right-of-way. The applicant
shall verify the existing right-of-way and the documents creating the right-of-way. If
the right-of-way cannot be verified, it shall be dedicated. This road is currently
maintained by Weld County. The City of Brighton will be annexing County Road 27
prior to August 2009, and shall determine the appropriate right-of-way to
accommodate the projected future traffic demands. The future and existing right of
way including the documentation creating them shall be delineated on the plat.
(Department of Public Works, City of Brighton)
•
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6. County Road 4 is currently designated on the Weld County Road Classification Plan
• as a collector road, which requires 80 feet of right-of-way at full build out. There is
presently 60 feet of right-of-way. An additional 10 feet on each side of the road
centerline shall be delineated on the plat as future County Road 4 right-of-way. All
setbacks shall be measured from the edge of future right-of-way. The applicant shall
verify the existing right-of-way and the documents creating the right-of-way. If the
right-of-way cannot be verified, it shall be dedicated. This road is currently
maintained by Weld County. The City of Brighton will be annexing County Road 4
prior to August 2009, and shall determine the appropriate right-of-way to
accommodate the projected future traffic demands. The future and existing right of
•
way including the documentation creating them shall be delineated on the plat.
(Department of Public Works, City of Brighton)
7. The proposed southern point of ingress and egress (aka County Road 27.3) for
employees associated with this facility is proposed to be designated as a local paved
road which requires 50 feet of right-of-way at full build out. The applicant shall
provide evidence of the documents creating this dedicated right-of-way with
reception number shown on the plat. This southern access road is to be maintained
by the City of Brighton. (Department of Planning Services)
8. A proposed truck access is being identified as an asphalt surface, with two-way
travel 20-foot in width and includes a proposed staging area located at the south end
of the facility. It is the recommendation of the Department of Public Works that the
roadway width be increased to twenty-four(24)feet to accommodate efficient two-
way traffic flow. Further, to accommodate WB-67 trucks, a truck turning radius
template shall be placed on the plat at the truck access point to verify that there is
adequate turning radius. (Department of Public Works)
• 9. The applicant needs to clarify traffic direction, turning movements, dimensions,
internal road width, incorporate in deceleration lanes/right-turn lanes, show
appropriate striping, label proposed one-way or two-way access points, provide more
detail on the multi-access and the south employee access configurations.
(Department of Public Works)
10. Stop signs, painted stop bars, yield signs, appropriate one-way signs, truck route
signs, employee route signs shall be placed in the appropriate locations.
(Department of Public Works)
11. Circulation and internal access appear to be adequate.The parking lot spaces shall
be striped. Planning should designate any ADA locations identified with the facility
and should be shown on the plat drawing. (Department of Public Works)
12. Should exterior lighting be a part of this facility, all light standards shall be delineated
on the plat and be in accordance with Section 23-3-250.B.6 of the Weld County
Code. (Department of Planning Services)
13. The applicant shall provide a parking plan that designates parking spots for
employees,customers, and business/delivery trucks. The parking locations shall be
dimensioned and shown according to Section 23-2-260 of the Weld County Code.
(Department of Planning Services)
14. The approved Landscape and Screening Plan. (Department of Planning Services)
15. The off-street parking spaces including the access drive shall be surfaced with
asphalt, concrete or the equivalent and shall be graded to prevent drainage
• problems. The location and type of surfacing material shall be delineated on the
plat. (Department of Planning Services)
Resolution USR-1676
Vestas Wind Systems A/S
Page 10
16. The employee parking areas as delineated on the VESTAS Blade and Nacelle
• Campus drawing prepared by Nolte Associates of Centennial, Colorado has
delineated three parking areas,Area 1(South of Nacelle): 379 parking spaces;Area
2 (South of Blades): 334 parking spaces and Area 3(North of Blades): 272 parking
spaces. By calculation 750 persons are employed at the Nacelle facility with the shift
change occurring at 3:30PM; 500 persons are employed at the Blades facility during
this same shift change, (375 + 375 Nacelle employees and 250 + 250 Blades
employees) hence the required parking at a minimum is 1250 parking spaces. The
plan as identified herein delineates 985 spaces. The plat shall be amended to
delineate an additional 265 parking spaces employees parking. (Department of
Planning Services)
AH. The applicant shall submit two (2) paper copies of the plat for preliminary approval to the
Weld County Department of Planning Services. (Department of Planning Services)
2. Upon completion of 1. above the applicant shall submit a Mylar plat along with all other documentation
required as Conditions of Approval. The Mylar plat shall be recorded in the office of the Weld County
Clerk and Recorder by Department of Planning Services' Staff. The plat shall be prepared in
accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar plat
and additional requirements shall be submitted within thirty(30) days from the date of the Board of
County Commissioners resolution. The applicant shall be responsible for paying the recording fee.
(Department of Planning Services)
3. The Department of Planning Services respectively requests the applicant's surveyor provide a digital
copy of this Use by Special Review. Acceptable CAD formats are.dwg, .dxf, and.dgn(Microstation);
acceptable GIS formats are ArcView shapefiles, Arclnfo Coverages and Arclnfo Export files format
type is .e00. The preferred format for Images is .tif(Group 4). (Group 6 is not acceptable). This
digitalfilemaybesenttomaps@co.weld.co.us. (Department of Planning Services)
•
4. Prior to the issuance of the Temporary Certificate of Occupancy
A. The applicant shall provide evidence that:
1. The municipal water and sanitary sewer service is in place and operational for
lavatory's,fire,and potable water requirements. (Department of Planning Services)
2. The applicant shall provide a written sign-off from the Greater Brighton Fire
Protection District and the Fort Lupton Fire Protection District to the Department of
Building Inspection. (Department of Building Inspection)
3. That the property has been annexed into the City of Brighton. (Department of
Planning Services)
4. The Long-Term Maintenance and Improvements Agreement includes the applicant's
and/or Brighton's obligation for upgrades and long term maintenance on County
Road 4 from U. S. Highway 85 to the south employee access entrance and is
designated as the employee access route. General upgrades and maintenance will
include improvements to the affected intersections, traffic signals, railroad crossings
improvements including safety arms, and deceleration and turn lanes at access
points to the facility. (Department of Planning Services)
5. The Long-Term Maintenance and Improvements Agreement includes the applicant's
and/or Brighton's obligation for upgrades and long term maintenance on County
Road 6 from U. S. Highway 85 to the east edge of the property. That agreement
• shall specify general upgrades and maintenance items, construction of deceleration
and turn lanes at access points to the facility and will include construction of
Resolution USR-1676
Vestas Wind Systems A/S
Page 11
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 Town of Fort Lupton; the Long-Term Maintenance and
Improvements Agreement will specify improvements to this portion of County road 6.
The Long-Term Maintenance and Improvements Agreement 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. (Department of Public Works)
6. The Long-Term Maintenance and Improvements Agreement includes the applicant's
and/or Brighton's obligation for upgrades and long term maintenance on County
Road 27 from County road 4 to County road 6. That agreement shall specify general
upgrades and maintenance items, construction of additional lanes,deceleration and
turn lanes traffic signals. (Department of Public Works)
7. The applicant shall provide construction drawings for the upgrade and paving of
County roads 4,6,and 27 including cross sections, plan and profile,grade, depth of
asphalt or concrete with adequate turning lanes at appropriate access points. Any
issues of concern must be resolved with the Weld County Public Works prior to
accepting the road construction plans. (Department of Public Works)
5. Prior to Demolition of any structure
A. The applicant shall submit evidence that:
1. A Building Demolition Permit has been applied for and approved for the removal of
all physical encumbrances located on the property that are not associated with the
proposed manufacturing facility. (Department of Planning Services)• 6. Prior to the Certificate of Occupancy
A. The applicant shall submit evidence that:
1. The municipal water and sanitary sewer service is in place and operational for
lavatory's,fire, and potable water requirements. (Department of Planning Services)
2. The applicant shall provide a written sign-off from the Greater Brighton Fire
Protection District and the Fort Lupton Fire Protection District to the Department of
Building Inspection. (Department of Building Inspection)
3. All Building Inspection related issues have been approved by the Weld County
Department of Planning Services or their assigns. (Department of Building
Inspection)
7. The Special Review activity shall not occur nor shall any building or electrical permits is issued on the
property until the Special Review plat is ready to be recorded in the office of the Weld County Clerk
and Recorder. (Department of Planning Services)
Motion seconded by Tom Holton.
•
Resolution USR-1676
Vestas Wind Systems A/S
Page 12
VOTE:
• For Passage Against Passage Absent
Robert Grand
Bill Hall
Tom Holton
Doug Ochsner
Erich Ehrlich
Roy Spitzer
Paul Branham
Mark Lawley
Nick Berryman
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioner's for further proceedings.
CERTIFICATION OF COPY
I, Kristine Ranslem, 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 November 18, 2008.
Dated the 18th of November, 2008.
• 1 z.Wj it/�y
Kristine Ranslem
Secretary
•
SITE SPECIFIC DEVELOPMENT PLAN
SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
Vestas Blades America, Inc
• USR-1676
1. A Site Specific Development Plan and Special Use Permit for a Use Permitted as a Use by Right,an
Accessory Use, or a Use by Special Review in the Industrial (1-3) Zone District, including research,
repairing, manufacturing, fabricating, processing, assembling or storage nature (Industrial
Manufacturing Facility)in the A(Agricultural)Zone District and subject to the Development Standards
stated hereon. (Department of Planning Services)
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld
County Code. (Department of Planning Services)
3. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those
wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites
and Facilities Act, 30-20-100.5, C.R.S., as amended. (Department of Public Health and Environment)
4. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust,
fugitive particulate emissions, blowing debris,and other potential nuisance conditions. (Department of
Public Health and Environment)
5. The applicant shall operate in accordance with the approved"waste handling plan". (Department of
Public Health and Environment)
6. The facility shall be operated in a manner to prevent odors. Odors shall be measured pursuant to
Regulation 2 of the Colorado Air Pollution Control Regulations. (Department of Public Health and
Environment)
• 7. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The applicant shall
operate in accordance with the approved "dust abatement plan". (Department of Public Health and
Environment)
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as
delineated in Section 14-9-30 of the Weld County Code. (Department of Public Health.and
Environment)
9. Adequate handwashing and toilet facilities shall be provided for employees and patrons of the facility.
(City of Brighton Sanitation) (Department of Public Health and Environment)
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes. (City of
Brighton Water) (Department of Public Health and Environment)
11. The applicant shall comply with all provisions of the Underground and Above Ground Storage Tank
Regulations (7 CCR 1101-14), if applicable. (Department of Public Health and Environment)
12. All potentially hazardous chemicals must be stored and handled in a safe manner in accordance with
product labeling and in a manner that minimizes the release of hazardous air pollutants(HAP's)and
volatile organic compounds (VOC's). (Department of Public Health and Environment)
13. If applicable,the applicant shall obtain a stormwater discharge permit from the Colorado Department
of Public Health & Environment, Water Quality Control Division. (Department of Public Health and
Environment)
14. The operation shall comply with all applicable rules and regulations of the State and Federal agencies
and the Weld County Code. (Department of Public Health and Environment)
•
Resolution USR-1676
Vestas Wind Systems A/S
Page 14
15. A building permit application must be completed and two complete sets of plans including engineered
• foundation plans bearing the wet stamp of a Colorado registered architect or engineer must be
submitted for review. A geotechnical engineering report performed by a registered State of Colorado
engineer shall be required. (Department of Building Inspection)
16. A plan review shall be approved and a permit must be issued prior to the start of construction.
(Department of Building Inspection)
18. Setback and offset distances shall be determined by the 2006 International Building Code(Offset and
setback distances are measured from the farthest projection from the structure). (Department of
Building Inspection)
19. A letter from the Greater Brighton Fire Protection District and Fort Lupton Fire Protection District to
ascertain if a Fire Protection District permit is required. (Departments of Building Inspection, Planning
Services)
20. Building height shall be measured in accordance with the 2006 International Building Code for the
purpose of determining the maximum building size and height for various uses and types of
construction and to determine compliance with the Bulk Requirements from Chapter 23 of the Weld
County Code. Building height shall be measured in accordance with Chapter 23 of the Weld County
Code in order to determine compliance with offset and setback requirements. When measuring
buildings to determine offset and setback requirements, buildings are measured to the farthest
projection from the building. Property lines shall be clearly identified and all property pins shall be
staked prior to the first site inspection. (Department of Building Inspection)
21. A letter of approval shall be provided to the Department of Building Inspection from the Greater
Brighton and Fort Lupton Fire Protection Districts prior to Temporary Certificate of Occupancy and
Certificate of Occupancy. (Departments of Building Inspection, Planning Services)III 22. If exterior lighting is proposed to be a part of this facility, all light standards shall be delineated in
accordance with Section 23-3-250.B.6 of the Weld County Code. (Department of Planning Services)
23. Should noxious weeds exist on the property or become established as a result of the proposed
development the applicant/landowner shall be responsible for controlling the noxious weeds, pursuant
to Chapter 15, Articles I and II of the Weld County Code. (Department of Public Works)
24. The hours of operation are 24 hours each day seven days a week.(Department of Planning Services)
25. The site shall not have more then fifteen hundred (1500) employees on site at any given time.
(Department of Planning Services)
26. Effective January 1, 2003, Building Permits issued on the lot will be required to adhere to the fee
structure of the Weld County Road Impact Program. (Ordinance 2002-11) (Department of Planning
Services)
27. Effective August 1, 2005, Building permits issued on the subject site will be required to adhere to the
fee structure of the Capital Expansion Impact Fee and the Stormwater/Drainage Impact Fee.
(Ordinance 2005-8 Section 5-8-40) (Department of Planning Services)
28. The landscape and screening on site shall be maintained in accordance with the approved Landscape
and Screening Plan. (Department of Planning Services)
29. The property owner shall allow any mineral owner the right of ingress or egress for the purposes of
exploration development, completion, recompletion, re-entry, production and maintenance operations
. associated with existing or future operations located on these lands. (Department of Planning
Services)
Resolution USR-1676
Vestas Wind Systems A/S
Page 15
30. The configuration of the curved radius access combined with an additional 90°two-way access point.
• The curved radius access combined shall be gated only used for bring overweight/over width loads
in/out from the facility. Flaggers or pilot cars shall be required to control traffic during these moves.
The two-way access is for employee using the northeast parking lots. (Department of Public Works)
31. The west curving radius access is gated. It appears that this configuration should be used to bring
overweight/over width loads from the facility that could not safely make 90° turns on to the county
road system. Flaggers or pilot cars shall be required to control traffic during these moves.
(Department of Public Works)
32. The property owner or operator shall be responsible for complying with the Design Standards of
Section 23-3-350, Weld County Code. (Department of Planning Services)
33. The property owner or operator shall be responsible for complying with the Operation Standards of
Section 23-3-360, Weld County Code. (Department of Planning Services)
34. Personnel from the Weld County Government 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. (Department of
Planning Services)
35. The Special Review area shall be limited to the plans shown hereon and governed by the foregoing
standards and all applicable Weld County regulations. Substantial changes from the plans or
Development Standards as shown or stated shall require the approval of an amendment of the Permit
by the Weld County 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.
36. 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. (Department of Planning
Services)
•
11- lg - c$
Paul Branham moved to delete Condition of Approval 1.A and re-letter accordingly, seconded by Robert
•
Grand.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman, absent; Paul Branham, yes; Erich Ehrlich, no; Robert Grand, yes; Bill Hall, yes; Mark Lawley, no;
Roy Spitzer, absent;Tom Holton, no; Doug Ochsner, yes. Motion carried.
The Chair asked the applicant if he has read through the amended Development Standards and Conditions of
Approval and if he is in agreement with those. Mr.Aberle replied that he is in agreement.
Robert Grand moved that Case USR-1658, be forwarded to the Board of County Commissioners along with
the amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Paul Branham.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,absent; Paul Branham,yes with comment; Erich Ehrlich, no; Robert Grand,yes with comment;Bill
Hall,yes;Mark Lawley, no with comment; Roy Spitzer,absent;Tom Holton, no with comment;Doug Ochsner,
yes with comment. Motion carried.
Commissioner Grand said that due to the unique circumstances of this facility and nature of operation it
matches the spirit of Section 23-2-220.A.1.
Commissioner Branham reiterated Mr. Grand's comments. He added that he believes that the adequate
water is present now.
Commissioner Lawley commented that the approval of this application creates problems in the future in the
event that the owner sold the business or the current business being conducted on site changes.
Commissioner Holton commented that this really needs to be fixed with a commercial well permit. He
understands the applicant's problem and does not agree with the way that the State has restricted use on the
commercial well.
Commissioner Ochsner cited Section 23-2-260.E.2 and believes that there is an adequate water supply. He
added that he agrees with Commissioner Holton that a commercial well needs to be on this place but the
State's interpretation of that well is something that we cannot argue with. Therefore this is the best way to
satisfy the application.
The Chair called a recess at 2:36 p.m.
The Chair called the meeting back to order at 2:45 p.m. and read the next case into record.
CASE NUMBER: USR-1676
APPLICANT: Vestas Wind Systems A/S
PLANNER: Kim Ogle
REQUEST: Site Specific Development Plan and Use by Special Review Permit 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.
LEGAL DESCRIPTION: Part NW4, Lying East of Union Pacific Railroad; N2SW4, East of the RR also
part NE4SW4;and a portion of Lot B of AmRE-1058 being part NE4SW4
together with a portion of the NW4SE4 Section 29,Ti N, R66W of the 6th P.M.,
Weld County,Colorado.
LOCATION: South of and adjacent to CR 6; East of CR 27; 0.25 miles north of CR 4,
generally East of and adjacent to the Union Pacific Railroad.
• Kim Ogle, Planning Services, stated that this application is for a Site Specific Development Plan and Special
Use Permit for Vestas Blades America, Inc who seek approval for their Brighton Blades and Nacelle campus 6
facility. The application is being processed through Weld County with annexation into the City of Brighton
6
slated for late summer 2009, yet prior to approving the Temporary Certificate of Occupancy for any structure
located on the Vestas Campus. Representatives for Vestas and their consultant,Nolte Associates are present
•
today as well as individuals from the City of Brighton and City of Ft. Lupton.
The site is south of and adjacent to County Road 6;east of County Road 27;0.25 miles north of County Road
4, and generally east of and adjacent to the Union Pacific Railroad.
The site is located within the three mile referral area for the Cities of Brighton and Fort Lupton, Town of
Lochbuie and Adams County. The City of Fort Lupton returned a referral dated October 31, 2008 indicating
full support of the project.Their support is based on the 2005 Interim Growth Plan,while not formally adopted
by the Cities of Brighton and Fort Lupton,which designates the area as rural transitional, however, Fort Lupton
states"because this property is adjacent to rail it makes logical sense that the rural uses are better suited for
industrial and commercial uses."Further, Fort Lupton's 2007 Land Use plan delineates extensive employment
areas north of the proposed Vestas campus site.
The City of Brighton returned a referral dated November 3, 2008 stating "The City of Brighton effusively
supports the project and is desirous of setting forth the city's future intentions for the area and the facility.. . ."
No other municipal or county referrals have been received.
Twenty-one(21) referral agencies reviewed this case; twelve (12)agencies provided comments with the
remaining nine agencies, including CDOT and the Union Pacific Railroad not responding to the referral
request.
The site currently is vacant. The surrounding property is primarily agricultural in nature with a few homes
in close proximity, with a commercial greenhouse to the south, the Union Pacific Railroad main line track
to the west with industrial uses and residential structures located west of the main track, agricultural lands
to the north with a few homes located in close proximity to the east. There are 25 parcels within 500 feet
of the property. The City of Brighton's municipal boundary is located % miles south of the site and the City
•
of Fort Lupton's municipal boundary is located '/4 mile to the northwest of the site.
The three properties that make up the Vestas Campus were part of three parcels that were originally
under review for the future Union Pacific Railroad classification yard. The Brighton parcel is immediately
south of and adjacent to County Road 6, with the RTD parcels adjacent to the Brighton parcel to the
south. For the purposes of this application, planning staff considered all three parcels as one unit. There
are improvements on the site that are slated for demolition and removal.
There are no oil and gas encumbrances located on site; however, Anadarko does own the coal resources
that underlie the property. In a letter received from Molly Buchanan, counsel for Anadarko, dated
November 14, 2008, it is indicated that they wish to give notice to the County of the coal interests that it
owns under the property and objects to the approval of a final application for development until an
agreement is reached between Anadarko Land and the applicant. Staff was provided with a letter from
Anadarko and the applicant's counsel stipulating that an agreement has been tendered for the purchase
of the coal resource and for the waiver of the 30-day mineral notification as required by State statute.
There are two power lines that traverse the property west to east. The Western Area Power
Administration has a 115kV Transmission line to the north and United Power has a 115kV transmission in
the south half of the site. At a date uncertain in the future both lines are slated to be upgraded under the
1041 application process.
The proposal requests approval for two primary structures and two additional structures, including a wash
bay building and a warehouse/material storage structure.
The Nacelles Building will be located in the southwestern part of the site adjacent to the Union Pacific rail
corridor. The Nacelle building is a factory assembly facility, constructing the generator portion of the wind
• turbine. The wash bay building is associated with the Nacelle factory providing a high pressure washer to
clean the dirt from the housing unit prior to assembly. The materials storage building adjacent is utilized to
store waste materials associated with the Nacelle assembly prior to disposal by a specialty waste hauler.
7
The other primary structure will be the Blades Building which is located south of and adjacent to County
•
Road 6 in a north-south orientation. This factory produces the 44 meter blade that will attach to the hub of
the nacelle. The structure provides for areas of fabrication, painting and storage of materials utilized in
both the production and painting processes. Administrative offices for all on site activities are also located
at this location.
The Nacelles factory facility will employ 750 persons in two shifts likely to be from 7:00 a.m. to 3:30 p.m.
and 3:30 p.m. to 11:30 p.m.
The blades factory facility will also employ 750 persons in three shifts, likely to be from 6:00 a.m. to 2:30
p.m., 2:00 p.m. to10:30 p.m., and 10:00 p.m. to 6:30 a.m.
The entire Vestas Blades and Nacelle Factory campus is a secured facility with monitored vehicular and
man access gates, security fencing and monitoring of all on-site activities.
The applicant proposes that all employee traffic associated with the Nacelle factory enter the site from
County Road 4 via a privately maintained access road into the facility. The exact location is under review
as several alternative alignments are being considered by the City of Brighton.
County Road 4 is currently designated on the Weld County Road Classification Plan as a collector road,
which requires 80 feet of right-of-way at full build out.There is presently 60 feet of right-of-way. An
additional 10 feet is required to accommodate the right-of-way needs.
The applicant proposes that a majority of the employee traffic associated with the Blades factory enter the
site from County Road 6.
County Road 6 is currently designated on the Weld County Road Classification Plan as a local gravel road
• with 60 feet of right-of-way. The City of Fort Lupton, in their adopted 2007 Transportation Plan identifies
County Road 6 as an Arterial road posted at 35 MPH which requires 90 feet of right-of-way at full build out.
The City of Brighton stated in their referral that 80 feet of right-of-way is required at full build out to
accommodate two travel lanes, one in each direction and a continuous turn lane.
County Road 27 is currently designated on the Weld County Road Classification Plan as a major arterial
road, which requires 140 feet of right-of-way at full build out. There is presently 60 feet of right-of-way, an
additional 40 feet is required to accommodate the right-of-way needs.
In the referral received by the City of Brighton, dated November 3, 2008 the city states, ". . . as agreed to
by the City of Brighton and Vestas Blades America, Inc., via the purchase and sale agreement, as the pre-
annexation agreement had not been finalized. The Vestas properties shall be annexed into the City of
Brighton, and zoned 1-2 (Heavy Industrial). The City will also annex County Road 27 north of the existing
city limits north to the intersection of County Road 6; also, County Road 4 east of County road 27 to the
alignment of the new southern access road and County Road 6 east of County Road 27 to the
easternmost point of the Vestas Campus.
All roadway upgrades are being financed by the City of Brighton through a portion of sale proceeds from
the land, and via grants being requested through DOLA and EDA.
The DOLA grant is for Energy Impact monies and the EDA, Economic Development Administration grant
is from the US Department of Commerce. This agency provides grant monies to support the construction
or rehabilitation of essential public infrastructure and facilities necessary to generate, retain, attract
private sector capital, and promote regional competitiveness, including investments that expand and
upgrade infrastructure to attract new industry, support technology-led development, redevelop brownfield
sites and provide eco-industrial development.
• The US 85 Highway corridor will also be impacted by this facility. Condition 1.P under prior to recording
the plat requires the applicant to contact the Colorado Department of Transportation to verify the access
permit status or for any additional requirements that may be needed to obtain or upgrade a current
8
permit. The City of Fort Lupton in their referral dated October 31, 2008 referenced the US 85 Access
Control Plan 1-76 to County Road 80, dated December 1999 prepared by Felsburg Holt and Ullevig,
•
specific to page 38 of this document which discusses the future treatment of County Roads 4, 6, 6.25 and
8. The long term priority is to close the County Road 4 intersection when interchanges at County Road 2
or County Road 6 or County Road 8 are constructed. The applicant has indicated that the integrity of the
plan will remain and adherence to the long term goals associated with the 1999 Access Control Plan will
not be compromised by their proposed development.
The City of Brighton, per the purchase and sale agreement has agreed to provide the proper
infrastructure, i.e., city water, city sewer and roadways, to be in place in order for the Vestas facility to be
operational by September 2009. Presently, United Power has indicated that there is adequate electrical
service to bring the facility on-line. At a future date uncertain there will be the construction of a terminal
substation to provide additional power to this facility. The substation is proposed to be sited in the
southeastern corner of the easternmost RTD parcel.
The Union Pacific main line rail and associated rail siding improvements to the east and adjacent to the
Vestas Campus are under review and design by representatives for UP, Vestas and Nolte Associates.
The applicant also has indicated that they are in negotiations with representatives of the Union Pacific
Railroad and will soon have formal conversations with the Public Utility Commission concerning the
required upgrades to these crossing locations. Union Pacific has indicated that they will be ready to
serve the Vestas Campus at start-up. To facilitate efficient rail service, Vestas will likely install airpumps
at both the County Road 4 and County Road 6 areas to power up the loaded trains before forward
movement from the facility onto the mainline UP track. A finalized agreement between Union Pacific
Railroad and the property owner will be required prior to recording the USR plat.
Given the jurisdiction of this application, the Department of Public Works has requested that the applicant
address and resolve the requirements/concerns, as stated in the referral response dated October 29,
2008, including but not limited to public road improvements, internal access, additional traffic analysis,
stormwater drainage, geo-technical issues and a transferable Long-Term Maintenance and
•
Improvements Agreement. Specific requirements are addressed in staff comments.
As part of the public process element, two neighborhood meetings were held. The first with the
surrounding property owners within 500 feet of the site and the second with the community at-large. The
first meeting was held September 29, 2008 and the second October 15, 2008. Concerns voiced by
surrounding property owners included noise, light and traffic issues as they related to this proposed
development of the Vestas Brighton campus. Both the County and the City of Brighton are requiring a
Landscape and Screening Plan which addresses the issues associated with this proposed facility,
including but not limited to berming, landscaping and other mitigation techniques to address the concerns
raised. Planning Services is requiring a Landscape and Screening Plan for the site. The plan shall
include the method of screening the blade storage area, the Nacelles staging area, the employee and
vendor parking and staging areas, and trailer parking from adjacent and neighboring properties and future
rights-of-way and the break-up of the long monolithic wall component associated with the Blades
production facility. Additionally staff will require a mitigation plan to address this wall for review by both the
Building Department and Planning Services.
There has been one item of correspondence received from Mr. Warner, an adjacent property owner to the
east. Staff has received multiple telephone inquiries from interested parties concerning the development
in the surrounding area as well as the proposed Vestas site. To staff's knowledge, there has not been a
physical review of the case file in the Greeley Planning office.
The Department of Planning Services has reviewed case number USR 1676 and recommends approval to
the Planning Commission with the attached Conditions of Approval and Development Standards.
Mr. Ogle referred to the agreement in which he spoke of earlier between Anadarko and the
representatives for Vestas. He indicated that Anadarko is requesting a statement be read into record.
• This is something that has been agreed to by the attorneys for Vestas and by Molly Buchanan who
represents Anadarko. The statement reads:
9
"Anadarko Land Corp. has filed an objection letter with the County dated November 14, 2008 in which
it objects to the application filed by Vestas Blades America, Inc. because of the coal interests
•
Anadarko Land owns under the portion of the property included in Section 29, Township 1 North,
Range 66 West, and Anadarko Land also indicates in the objection letter the failure of the applicant to
provide a timely notice of this hearing.
Anadarko Land and the applicant have asked me to inform you they have reached an agreement that
will resolve potential conflicts between the development of the surface estate and the severed coal
interests which they will put in final form prior to the hearing scheduled before the Board of County
Commissioners on December 10.
The parties have exchanged e-mil correspondence which I am asking be made part of the record
concerning their agreement and their stipulation.
They ask the Planning Commission to include as part of its recommendation to the Board of County
Commissioners a statement that Anadarko Land and the applicant agree and stipulate to enter into an
agreement prior to the hearing before the Board of County Commissioners on December 10, 2008.
Anadarko Land has also agreed to waive timely notice of this hearing as indicated in a letter with
today's date that I would like included in the record and as set forth in the letter."
Mr. Ogle stated that prior to his comments he handed out a packet of information. Included in that packet
is a copy of the statement which he just read. Also included is a letter dated November 18, 2008 from
Molly Summerville Buchanan stipulating to the statement which he just read. In addition there are
materials that speak to who Vestas is and some correspondence received and identified as Staff
Memorandum dated November 17'°which includes the legal notice as well as electronic mail.
Mr. Ogle concluded his presentation with photo images of the proposed site.
• The Chair asked for comments from the Health Department.
Lauren Light, Environmental Health, said that there is adequate water and sewer. At the time of
annexation the City of Brighton will serve the development.
Environmental Health is asking for a Dust Abatement Plan for on-site dust as well as a Waste Handling
Plan.
Development Standards 3-15 address Environmental Health items. Ms. Light indicated that Development
Standards 13 and 15 are the same and suggested deleting Development Standard 15.
Ms. Light stated that Environmental Health has no concerns with this request.
Tom Holton moved to delete Development Standard 15, seconded by Mark Lawley. Motion carried
unanimously.
The Chair asked for comments from Public Works.
Don Dunker.Public Works, stated that due to the size and complex issues of this application Don Carroll
and Janet Carter have also contributed to the review as well. He stated that a Preliminary Drainage
Report was submitted and contains two (2) large retention ponds with a total volume of approximately 45
acre feet. The off-site basin is very large, about 3.12 square miles, that will have flows reporting to the low
area near County Road 6 and east of the railroad tracks. These off-site flows will be diverted around the
site or through the site to follow the historical pathways. Public Works agrees with the concept of the
design; however details still need to be worked out in the final drainage report.
• A number of conditions shall apply to this application prior to recording the plat as well as Development
Standards and many red line comments returned to the applicant's engineer representative within the
reports and drawings.
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Of particular importance is the Long Term Maintenance Improvements Agreement. A summary of these
•
includes the applicant's and/or the City of Brighton's obligation for upgrades and long term maintenance of
County Roads 4, 6, 27, and State Highway 85. These upgrades will include improvements to the affected
intersections, paving, traffic signals, railroad crossing including safety arms, deceleration/acceleration and
turn lanes at the access points of the facility.
A preliminary Traffic Study was also submitted. There are several issues that need to be addressed
regarding the report and Janet Carter can address any of the specific questions you may have. Don
Carroll has reviewed the traffic flow patterns on-site and off-site. Many issues still need to be worked out.
Commissioner Ochsner asked if all the items mentioned that aren't finished yet are included in
development standards. Mr. Dunker stated yes and expects responses back prior to the Board of County
Commissioner hearing. He added that the issues can be worked out; they just need to submit the
required material.
Janet Carter, Public Works, reported that in the past four(4)years there have been 5 accidents at the
intersection of County Roads 6 and 27 with 1 injury; 10 accidents at the intersection of County Roads 4
and 27 with 6 injuries. Therefore traffic is an issue that needs to be resolved.
In the preliminary Traffic Study a few items were not included. A Comprehensive Plan for future traffic
volumes and turn movements. This is to show the future phase of what Vestas has planned and then
perhaps support services that will develop around and in those areas.
Turn Lane 1 analysis including storage capacities and links for turn lanes needs to be included within the
Traffic Study. Due to the large size of the vehicles Public Works would like some suggested storage
capacities and links for these turn lanes, as well as where they feel these turn lanes would be warranted.
• A Signal Warning analysis at the different various intersections of County Roads 6 and 27, 4 and 27, and
also at County Roads 6 and 4 at Highway 85 will be required.
Analysis of site distance near the site is also needed. During site visits Public Works have noticed that as
you are traveling on County Roads 4 and 6 approaching the site there are some different topographic
areas that may create site distance issues for large vehicles turning out into the roadways.
The applicant did not identify safe routes for pedestrians, bicycles, and transit within or near their sites.
Ms. Carter stated that she has spoken with the applicant's traffic engineer and he indicated that he will be
working with his client and the other consultants on the project to get these items taken care of prior to the
next submittal of the traffic study.
Commissioner Grand asked Ms. Carter is she anticipates resolution satisfactorily for all the issues that
she raised. Ms. Carter replied yes. She believes that the applicant's traffic engineer is working to the best
of his ability to get these issues resolved so that they can move forward in their process.
Commissioner Ochsner asked to explain how Public Works is viewing this traffic study compared to
normal traffic studies due to the incredible size of the blades and towers that will be shipped. Ms. Carter
stated that she is holding the applicant to the same standard that she would hold for any traffic study. The
information that is different with this project is that she wants a little more emphasis on the storage
capacity and links for the turn lanes. She believes that will be absolutely crucial.
Don Carroll, Public Works, stated that County Road 27 is the north/south road; County Road 6 is adjacent
to the northern part of the site. County Road 6 is a local gravel road and has been soil stabilized. County
Road 27 is classified as an arterial road.
The applicant is proposing five (5) access points off of County Road 6. Public Works is requesting to
• upgrade and pave County Road 6 to accommodate those access points. Mr. Carroll indicated that they
are working with the applicant on those access points. Public Works is asking for some additional details
on the plat drawings to identify how they are going to work as well as adequate radiuses.
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Public Works is requiring Long Term Maintenance and Improvements Agreements to the site which would
•
be transferrable to anyone who annexes this facility.
The Chair asked if the applicant wished to make any comments.
David Mirc, Nolte Associates, 8000 South Chester St Suite 200, Centennial, CO 80112. Mr. Mirc
commented that Vestas is the world's leading supplier of wind power solution. They currently have
operations in Windsor. Their plans for this development are to expand their North American
manufacturing operations to Weld County with the development for the blades and nacelle factory.
Vestas has chosen the Front Range, more specifically the proposed site due to the close proximity to their
existing facility, rail access, highway access, and the quality of work force. Production capacities are
anticipated to be approximately 1400 units per year for the nacelle and 1800 units for the blades. He
added that it would encompass up to 1500 jobs for the economy which would support the local, regional
and national economy with this development.
Commissioner Ochsner referred to the rail traffic versus the truck traffic and asked Mr. Mirc to explain the
supplies coming in versus product going out. He further asked if rail is used more versus truck. Mr. Mirc
commented that the intent is to use rail for delivery of finished product to site. There will also be truck
traffic with delivery of finished product. It is preferred to deliver with rail. The delivery trucks will access
from County Road 6 through the north end of the site.
The Chair asked if there was anyone in the audience who wished to speak for or against this application.
Dick McClain, City of Brighton, 15194 Overland Trail, Brighton. Mr.McClain commented that Brighton is very
excited about this project and pleased with the collaboration of so many different entities. He added that so
many people were apart of enabling Vestas to come to this location. He commented that they are pleased
• with the spin off that will result in jobs for the people living in their area. The lifestyle in their community will be
improving as 70%of their citizens right now leave in the morning and come back in the evening and now they
will have an opportunity to work close to home. Mr. McClain said that it is a great opportunity for so many to
benefit by such a large project. He thanked them for their consideration of this project.
Ray Gonzales, 36 South Main Street. Mr. Gonzales stated that he is the President/CEO of the Brighton
Economic Development Corporation and on behalf of the Board of Directors he wished to express their
support of this application. They request that this application be approved.
Mary Falconburg, Community Development Director, City of Brighton, 22 South 4th Ave. Mr. Falconburg
stated that he has been working with staff as well as members from Vestas on this project. He added that
they support the project. He indicated that they are working on the funding from DOLA and EDA to construct
the roads. Brighton's plan is to annex County Roads 27, 6, and 4 to the edge of the property. The volume of
the traffic is not that large, however the size of the loads are fairly large and it will require substantial
improvements to the roads to handle that.
Commissioner Ehrlich asked to explain the City of Ft. Lupton's Planning and Building Department in which
they expressed some concerns about what a timeline would be for a pre-annexation agreement between
Vestas and the City. In addition he also asked what the scope is in terms of joint cooperation with the Ft.
Lupton Fire Department with regard to joint cooperation.
Mr. Falconburg said that they are working with the City of Ft. Lupton and have developed some interim
agreements. In terms of the Fire District he said that they are in support of the project as well. He
understands that there are capacity issues that need to be worked out.
Tom Parko, Planning Director, 130 S McKinley Av, Ft. Lupton. Mr. Parko stated that he is here on behalf of
the City of Ft. Lupton to support the Vestas project. He believes that this is a great project for the entire
• region.
Pete Gunderson, 790 Niagra St, Denver CO. Mr.Gunderson is one of the owners of a piece of property to the
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west of the proposed development. He supports this project and feels that the quality of the applicant and
development process is of the highest development principles.He added that many of the land owners in the
immediate area will benefit from this development. In looking at today's current economy and job market it
appears that to have a credit neighbor such as Vestas is an opportunity that comes along once in a blue
moon. The positive impact of the Vestas development will be a tremendous boost to the local economies of
Brighton, Ft. Lupton, Weld County and the State of Colorado.
Robert Sakata, 662 Rose Dr, Brighton CO. Mr. Sakata felt it appropriate to express that the City of Brighton
has been good neighbors. He appreciates what the County is doing with the flow patterns. He is on the Board
of Directors for the Fulton Irrigation Ditch which runs along County Road 27 and hopes that there are
conversations going on to include that.
Larry Warner, 13502 CR 6. Mr. Warner's west property boundary is the east property boundary of the
proposed improvement. He does support this project. He believes that the jobs,etc which will come from this
project will be a great improvement.
However, he does have issues living next to it. He commented that the lane on the east side of the property
includes three(3)houses that will be impacted by this. He is the third house and the traffic will be 50 feet from
his door.
Mr.Warner commented that he has been in negotiations with Nolte asking for a berm to protect some of the
noise,runoff and access on his road. He indicated that he has been trying to talk to the consultants at Nolte to
not put the fence right on the property line until they can reach some agreement on this. So far this has failed.
He has heard that there is suppose to be a berm there and a swale to handle the water runoff but to date has
not received anything in writing. The property line takes up the west half of their access road and he has
asked to move the fence back from the property line 12 feet to maintain their road and indicated that he was
told last Tuesday that the fence would be on the property line. When he was told that the fence would remain
there is when the negotiations broke down. As of Friday last week he is now speaking with Brighton's City
• Attorney to see what they can do. At this point they will end up filing a claim for adverse position on the
access road which will disrupt Vestas's plans. The attorney for the City of Brighton has given them some hope
to work out an agreement.
He concluded by saying that he is in support of this project and hopes that they can come into an agreement
with the stated items.
Commissioner Holton asked who the negotiations are with. Mr. Warner said that they were negotiating with
Nolte but now they are working with the attorney who has been working on this issue with Vestas.
Mr. Warner brought up a traffic issue at County Road 6 and Highway 85 in which there is trailer park. The
access comes out approximately 20 feet to the east of Highway 85. He added that the access into and out of
the trailer court will need to be addressed.
Mr.Warner commented that he went to the community meeting in October and brought up several concerns.
He indicated that he had talked to Mr. Ogle after the meeting and was inquiring about this process. He said
that Mr. Ogle assured him that the only thing allowed to happen on this property was dirt work. Based upon
those comments from Mr. Ogle he backed off the issues he had as he realized it was going to come up for
review. This week he found out that the Planning Department issued Vestas another permit that will allow
them to put foundations and footings in. He commented that he has not had cooperation from the Planning
Department.
Richard Schiara, 13713 CR 6, Ft. Lupton. Mr. Schara commented that he is a neighbor to the proposed
development. He believes that this project will be good for the community and region as well as the State. He
is concerned with the projected traffic and commented that attention needs to be given to the road east of the
proposed development.
• Nick Febraro, 13512 CR 6. Mr. Febraro commented that he would like to be aware of the activity happening
so that they can work with the Company or prepare an opposition to the proposal.
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•
The Chair asked the applicant to come back up and address the comments stated.
• Mr. Mirc thanked the audience for their comments. He realizes that there are a lot of technical details that
need to be addressed and they are working towards resolution on all of them. In regard to the concerns of the
neighbors he stated that they are committed to a resolution; however he needs to defer to their associates
relative to the negotiations. As far as the trailer park access,that will be addressed with the improvements to
County Road 6 and in conjunction with the City of Brighton.
The site development is intended to be screened as required by the County for the storage areas.
The distance between the property line and the road currently exceeds 60 feet which includes a swale that
takes care of the drainage coming onto the property.
Commissioner Grand said that it is a large project and wished to compliment everyone for pulling it together;
however sometimes as in Mr.Warner's case the individual falls through the crack in the multitude of tasks that
have to be done. He added that he understands that in listening it sounds as though the applicant is tracking
that for resolution.
Mr. Mirc commented that his associates have been working with Mr.Warner over the past months to come to
an agreement on the rights of that piece of land. He believes that those negotiations will continue.
Joseph Culkin,Nolte Associates,8000 South Chester,Centennial CO. He has been working with Mr.Warner
and Mr. Febraro over the past months. He assured them that they have not broken up negotiations. He
added that they are re-evaluating what their questions are and re-evaluating how they are addressed. The
City of Brighton has requested that the City Attorney discuss these issues with these gentlemen and that Nolte
Associates steps out of it for the time being.
The Chair asked Public Works to address some of the concerns stated.
Mr. Dunker said that the access into the trailer park will be part of the overall improvements at Highway 85 and
County Road 6. He added that it is tight in there and something will have to be resolved. He commented that
they have not seen any details to know exactly how that will be resolved at this time.
Commissioner Holton understood that the majority of the employees will be coming in on County Road 4 and
not County Road 6. Ms. Carter said that this is an item in which she has a red line within their traffic report.
The applicant needs to evaluate 1 mile east and west of their site as well as north and south of their site to see
where oncoming traffic is coming. What they would have coming westbound is probably pretty minimal but
that is something that they need to analyze within their report and again is one of the issues that they will have
to know to do their turn lane warn analysis and signal analysis.
Ms. Carter added that she has asked for a Comprehensive Plan for future traffic flow and volume and turning
movements. This is a big project and traffic will be impacted. We want to make sure that Weld County
citizens as well as Brighton and Ft. Lupton citizens are accounted for. They are trying to do the best review
they can to look at all the options and the impacts that they will have on them so that they can hopefully have
Vestas mitigate those problems.
Commissioner Lawley asked if there will be cost share agreements. Mr. Carroll replied that he believes the
applicant will cover the entire cost on this particular development either through their Long Term Maintenance
Improvements Agreement. Once they are annexed into a municipality then they will have to work that out with
them but right now development pays their own way.
Commissioner Ehrlich asked how long the annexation agreements take. He further asked if there will be
maintenance on the roads that the county will incur until the annexation takes place. Mr.Carroll commented
that annexations come through the city and they have indicated September 2009 would be the anticipated
annexation date. Once the annexations occur through the city council meetings and recorded in the County
• then that particular section of right-of-way, road, or property comes off of the county system.
Commissioner Ehrlich asked about CDOTs involvement with Highway 85 with regard to improvements. Ms.
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Carter said that right now the plan is proposing that an interchange will be built at County Road 2, 6, or 8 and
when that happens they will shut down County Road 4. As far as to what CDOT is going to be requiring she
can't guess that right now but at previous meetings for the US 85 Access Control Plan if they are going to
make adjustments to that access control plan they will have to make an amendment at that time.
Commissioner Lawley asked if the foundation and grading permits are usually issued before a project like this
gets through. Mr. Ogle replied that they are. They are issued at the applicant's own risk. Presently there are
two permits which have been released—one for the grading plan and the other for the temporary set up of the
GE modulars for their conference room and construction trailers. He added that the Footings and Foundations
Permit has not been released.
Mr.Ogle pointed out a correction that needs to be made on Page 12 of staff comments. Item 14 speaks to the
issue of parking and it is an incorrect number. Mr. Ogle requested that Item 14 be stricken and address the
parking requirement in Item 17 and renumber accordingly.
Tom Holton moved to delete Condition of Approval AG.14, seconded by Mark Lawley. Motion carried
unanimously.
The Chair asked Mr. Mirc if they have read through the amended Development Standards and Conditions of
Approval and if they are agreement with those. Mr. Mirc replied that they are in agreement.
Mark Lawley moved that Case USR-1676, be forwarded to the Board of County Commissioners along with the
amended Conditions of Approval and Development Standards with the Planning Commission's
recommendation of approval, seconded by Tom Holton.
The Chair asked the secretary to poll the members of the Planning Commission for their decision. Nick
Berryman,absent;Paul Branham,yes;Erich Ehrlich,yes with comment;Robert Grand,yes with comment;Bill
Hall,yes;Mark Lawley,yes; Roy Spitzer,absent;Tom Holton,yes with comment;Doug Ochsner,yes. Motion
• carried unanimously.
Commissioner Grand wished to compliment staff and the municipalities involved as an example of cooperation
which can be accomplished.
Commissioner Ehrlich cited Section 22-2-150.6.1 Goal 2.
Commissioner Holton commented that this area has needed something like this and is glad to see it come.
He expressed that he would like to have the applicant continue to work with their neighbors on these
concerns.
The Chair asked the public if there were other items of business that they would like to discuss. No one
wished to speak.
The Chair asked the Planning Commission members if there was any new business to discuss. Mr.Ochsner
reminded the Planning Commissioners that there will be a luncheon at 11:30 a.m.on December 2,2008 at the
Harvest restaurant in Greeley.
Meeting adjourned at 4:09 p.m.
Respectfully submitted,
1t4L�� 6'u i&KILt.12.th
Kristine Ranslem
Secretary
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