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HomeMy WebLinkAbout20083182.tiff INVENTORY OF ITEMS FOR CONSIDERATION AppLLca At- VESTAS'BLADES AMERICA, INC CGise Number RSR1676 subvcritted or Prepared PrLor to At Rear vto Ftear'mo I staff Govu.w,.ewts x Depart t&ewt of Ptavti/Xidde services FLeLd Check Eory l X PLawwivda aortW&Lssiovser FLeLd Check Forwt. Letters to AppLLcavvt X AffLdav'Gtofsi.av,.postiwa at Ex 0,e) X 2 AppLLcatLovu X surrouwdLvvU Propertu /MLv-edit. Owwers X Deed! Easevtevtt certLfLcate X cttilities X • Maps X -soil su,‘/L NIA • ', 3 Referral List X 4 Referrals without cova.vu`evut Weld County Zoning Compliance, referral dated October 3, 2008 X Weld County Sheriffs Office, referral dated October 15, 2008 X Na. West Adams Soil Conservation District, referral dated October 7, 2008 X Weld School District RE-8, referral dated October 17,2008 X `, 5 ReferraLs with col/IAA/mot Weld County Department of Public Health and Environment, referral dated X November 3, 2008 Weld County Department of Public Works, referral dated October 29, 2008 and X November 3, 2008 Weld County Building Inspection, referral dated October 14, 2008 X Fort Lupton Fire Protection District, referral dated October 29, 2008 X State of Colorado, Division of Water Resources, referral dated October 7, 2008 X City of Fort Lupton, referral dated October 22, 2008 x 2008-3182 City of Brighton, referral dated November 3, 2008 x • x, United Power, referral dated October 8,2008 x Correspowdevuce /ft edam R Larry& Roxanne Warner, letter of Objection dated October 14, 2008 x g Vestas Blades America, Inc., Go Senn Visciano Kirshenbaum PC, Mineral Estate X Notice dated November 7, 2008 a Anadarko do Molly Sommerville Buchanan, Electronic letter of Objection dated x November 14, 2008 1'G Gxbr bits Memorandum to Planning Commission containing multiple documents for case and itemized herein: X 1. Legal Notice (S- L00Lied 2. Electronic Mail J. Rosenstein of Senn Visciano Kirschenbaum to Ogle dated November 5, 2008 Information Handout 3. Notice of Public Hearing—Mineral Notification dated November 7, 2008 (Sa Ex 4).0 4. Vestas Blades America, Inc., Go Senn Visciano Kirshenbaum PC, Mineral Estate Notice dated November 7,2008 5. Anadarko Go Molly Sommerville Buchanar Electronic letter of Objection dated November 14,2008 (.5..L L. (r.c 6. Electronic mail from K. Jakobsen, Vestas to Ogle dated November 17, 2008 concerning UP RR 7. Electronic mail from D. Mirc, Nolte Associates, applicant's consultant concerning revision to campus plan dated November 17, 2008 8. Electronic mail from J. Rosenstein of Senn Visciano Kirschenbaum to • Ogle dated November 17, 2008 concerning stipulated agreement with Anadarko do Molly Sommerville Buchanan 9. Anadarko do Molly Sommerville Buchanan and Senn Vicario and Kirschenbaum letter of understanding dated November 18,2008 ioLs E / /? r 1 y r bV'� �e/ • herebuj certLfu that the & Ctewu LdewtL fled herein were subwated to the nepartv&ewt of Plawnlwg services at orprwr to the chedJ Plaww%&U aovvyNLssLowers hearlwy. Kl n ogle wwer • • I LAND USE APPLICATION h �De SUMMARY SHEET COLORADO Planner: Kim Ogle Case Number: USR-1676 Hearing Date: November 18, 2008 Applicant: Vestas Blades America, Inc. Address: Attn: Kjaer Jakobsen 11140 Eastman Park Drive Windsor, CO 80550 Property Owner: Regional Transportation District City of Brighton Attn: Susan Altes Attn: John Bramble/Manuel Esquibel 1600 Blake Street 22 South Fourth Avenue Denver, Colorado 80202 Brighton, Colorado 80601 Request: 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 (I-3) Zone District, including research, repairing, manufacturing, fabricating, processing, assembling or storage nature (Industrial Manufacturing Facility) 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 County Road 6; East of County Road 27; 0.25 miles north of County Road 4, generally East of and adjacent to the Union Pacific Railroad. Size of Parcel: 177 +/-acres POSSIBLE ISSUES SUMMARIZED FROM APPLICATION MATERIALS The criteria for review of this Special Review Permit are listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received responses from the following agencies: • Weld County Zoning Compliance, referral dated October 3, 2008 • Weld County Department of Public Health and Environment, referral dated November 3, 2008 • Weld County Department of Public Works, referral dated October 29, 2008 and November 3, 2008 • Weld County Sheriffs Office, referral dated October 15, 2008 • Weld County Building Inspection, referral dated October 14, 2008 • West Adams Soil Conservation District, referral dated October 7, 2008 • Fort Lupton Fire Protection District, referral dated October 29, 2008 • State of Colorado, Division of Water Resources, referral dated October 7, 2008 • City of Brighton, referral dated November 3, 2008 • City of Fort Lupton, referral dated October 22, 2008 • • Weld School District RE-8, referral dated October 17, 2008 EXHIBIT • United Power, referral dated October 8, 2008 VESTAS WIND SYSTEMS NS,page 1 • The Department of Planning Services'staff has not received responses from the following agencies: • Brighton Fire Protection District • Weld County Ambulance Services • State of Colorado, Department of Transportation • State of Colorado, Division of Wildlife • Weld School District RE-27J • Western Area Power Administration • Town of Lochbuie • Adams County • Union Pacific Railroad • • VESTAS WIND SYSTEMS A/S,page 2 • Ot1/4; SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW II`Re COLORADO Planner: Kim Ogle Case Number: USR-1676 Hearing Date: November 18, 2008 Applicant: Vestas Blades America, Inc. Address: Attn: Kjaer Jakobsen 11140 Eastman Park Drive Windsor, CO 80550 Property Owner: Regional Transportation District City of Brighton Attn: Susan Altes Attn: John Bramble/Manuel Esquibel 1600 Blake Street 22 South Fourth Avenue Denver, Colorado 80202 Brighton, Colorado 80601 Request: 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 (I-3) Zone District, including research, repairing, manufacturing, fabricating, processing, assembling or storage nature (Industrial Manufacturing Facility) 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 Am RE-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 County Road 6; East of County Road 27; 0.25 miles north of County Road 4, generally East of and adjacent to the Union Pacific Railroad. Size of Parcel: 177 +/-acres Parcel Numbers: 1471-29-2-00-117, 1471-29-0-00-100, & 1471-29-3-00-002 THE DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED 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 Department of Planning Services' staff 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 VESTAS WIND SYSTEMS NS,page 3 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 • 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 VESTAS WIND SYSTEMS A/S,page 4 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 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." VESTAS WIND SYSTEMS NS,page 5 • 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. • 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 Department of Planning Services' staff 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 I.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. VESTAS WIND SYSTEMS A/S,page 6 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) • 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) VESTAS WIND SYSTEMS A/S,page 7 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 23-2-250.6.7 of the Weld County Code at all times. (Department of Planning • Services) 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) • VESTAS WIND SYSTEMS A/S,page 8 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 NS 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 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 VESTAS WIND SYSTEMS A/S,page 9 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) 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) • VESTAS WIND SYSTEMS A/S,page 10 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) 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 VESTAS WIND SYSTEMS NS,page 11 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 23-3-250.6.6 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 Department of Planning Services has determined from the application materials that five hundred seventy-five (575) parking spaces including ADA parking spaces will • be required on site. Each parking space should be equipped with wheel guards where needed to prevent vehicles from extending beyond the boundaries of the space and from coming into contact with other vehicles, walls, fences, sidewalks, or plantings. (Department of Planning Services) 15. The approved Landscape and Screening Plan. (Department of Planning Services) 16. 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) 17. 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) • VESTAS WIND SYSTEMS A/S,page 12 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 digital file may be sent to maoscWco.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 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) VESTAS WIND SYSTEMS A/S,page 13 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) • VESTAS WIND SYSTEMS NS,page 14 • 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) • VESTAS WIND SYSTEMS A/S,page 15 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) 15. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Division of Public Health & Environment, Water Quality Control Division. (Department of Public Health and Environment) 16. 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) 17. 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) 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) VESTAS WIND SYSTEMS NS,page 16 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) 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) • VESTAS WIND SYSTEMS A/S,page 17 DEPARTMENT OF PLANNING SERVICES cit• Q NORTH OFFICE 918 10T" Street GREELEY, 80631 10 PHONE: (970) REEL 00,COO 3540 FAX: (970) 304-6498 COLORADO October 8, 2008 Kjaer Jakobsen Vestas Blades America Inc 11140 Eastman Park Dr Windsor CO 80550 Subject: USR-1676-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 I-3(Industrial)Zone District,including research, repairing,manufacturing,fabricating,processing,assembling,or storage nature(Industrial manufacturing facility-Vestas)in the A(Agricultural)Zone District on a parcel of land described as 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. • Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on November 18, 2008, at 1:30 p.m. This meeting will take place in the Hearing Room,Southwest Weld Planning Department,4209 CR 24.5,Longmont,Colorado. A subsequent hearing will be held on December 10, 2008 at 10:00 a.m., in the Chambers of the Board of County Commissioners, Weld County Centennial Center, 915 101h Street, First Floor, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute,C.R.S.24-65.5-103(adopted as part of H.B.01-1088)requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant has provided the Weld County Planning Department with written certification indicating the above requirements have been met. A representative from the Department of Planning Services will be out to the property a minimum often days prior to the hearing to post a sign adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time,date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive)intersects a publicly maintained road right-of-way. The Department of Planning Services'staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the packets one week prior to the scheduled Planning Commission Hearing. If you have any questions concerning this matter, please call. Respectfully, le • Plann r • • DEPARTMENT OF PLANNING SERVICES 6 NORTH OFFICE 918 10TH Street • f e GR CO 80631 PHONE: (970) 353-6103-610 0, Ext. 3540 ' FAX: (970) 304-6498 "DC. COLORADO October 3, 2008 Kjaer Jakobsen Vestas Blades America Inc 11140 Eastman Park Dr Windsor CO 80550 Subject: USR-1676- Request 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)(Vestas) in the A(Agricultural) Zone District on a parcel of land described as 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. Dear Applicants: Your application and related materials for the request described above are being processed. I will schedule • a meeting with you to discuss the referrals after we have received them. Once the concerns and requirements of the referral agencies have been met or the applicant has shown an attempt to meet their concerns and requirements, a Planning Commission Hearing will be scheduled. It is the policy of Weld County to refer an application to any town or municipality lying within three miles of the property or if the property is located within the comprehensive planning area of a town or municipality. Therefore,our office has forwarded a copy of the submitted materials to the Brighton, Ft.Lupton and Lochbuie Planning Commission for their review and comments. Please call Brighton at 303-655-2000, Ft. Lupton at 303-857-6694, and Lochbuie at 303-655-9308 for further details regarding the date, time, and place of this meeting. It is recommended that you and/or a representative be in attendance at the Brighton,Ft.Lupton and Lochbuie Planning Commission meeting to answer any questions the Commission members may have with respect to your application. If you have any questions concerning this application, please call. Respectfully, Kim O e Planner • PLANNING COMMISSIONERS' SIGN POSTING • CERTIFICATE THE LAST DAY TO POST THE SIGN IS NOVEMBER 7, 2008 THE SIGN SHALL BE POSTED ADJACENT TO AND VISIBLE FROM A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. IN THE EVENT THE PROPERTY BEING CONSIDERED FOR A SPECIAL REVIEW IS NOT ADJACENT TO A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY, THE DEPARTMENT OF PLANNING SERVICES SHALL POST ONE SIGN IN THE MOST PROMINENT PLACE ON THE PROPERTY AND POST A SECOND SIGN AT THE POINT AT WHICH THE DRIVEWAY (ACCESS DRIVE) INTERSECTS A PUBLICALLY MAINTAINED ROAD RIGHT-OF-WAY. I, KIM OGLE, HEREBY CERTIFY UNDER PENALTIES OF PERJURY THAT THE SIGN WAS POSTED ON THE PROPERTY AT LEAST TEN DAYS BEFORE THE PLANNING COMMISSIONERS HEARING 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 (I-3) ZONE DISTRICT, INCLUDING RESEARCH, REPAIRING, MANUFACTURING, FABRICATING, PROCESSING, ASSEMBLING OR STORAGE NATURE (INDUSTRIAL MANUFACTURING FACILITY), [VESTAS BLADES AMERICA, INC] IN THE A (AGRICULTURAL) ZONE DISTRICT. KIM OGLE • Name f Person Posting Sign Signa u f Person Posting Sign STATE OF COLORADO ) ss. COUNTY OF WELD ) / ' The foregoing instrument was subscribed and sworn to me this'/ day of /1/6O1S , 2008. WITNESS my hand and \ iiettiQ1O. 4pTA41y i sit Notary Public /Bt-\o' ;•'O , INJ•.• 1 FOF •\O s My Commission Expires: �is • U B�7lo • - _ VOW' _ kI rte. 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Address: Attn: Kjaer Jakobsen 11140 Eastman Park Drive Windsor, CO 80550 Property Owner: Regional Transportation District City of Brighton Attn: Susan Altes Attn: John Bramble 1600 Blake Street 22 South Fourth Avenue Denver, Colorado 80202 Brighton, Colorado 80601 Request: 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) (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 County Road 6; East of County Road 27; 0.25 miles north of County Road 4, generally East of and adjacent to the Union Pacific Railroad. • Size of Parcel: 177 +/-acres Zoning Land Use N Agriculture&Industrial N Corn E Agriculture E Agricultural lands and Single Family Dwellings on Lots S Agriculture S Agricultural lands, Commercial Greenhouse W Agriculture& Industrial W Single Family Dwellings on Lots, Gravel Mine, Comments: County road 27 is a paved road aligned in a North-South direction. County road 6 is paved East of SH 85 to the intersection of CR 6 and CR 27, where pavement continues to the UPRR main line tracks, then is an all weather road to points East. County Road 4 is paved. Currently there is not a County maintained Road on a North to South alignment from County Road 4 at the quarter mile distance form CR 27 heading North. The Union Pacific Railroad serves as the Western boundary. Stop signs are posted at the crossing of CR 6 and CR 4. There is adequate sight distance. The site currently is vacant and has been farmed in years past. 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, 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 is located 0.25 miles to the northwest of the site. Two power lines, at least one high pressure gas line traverse the site. The Western Area Power Administration transmission line and the United Power transmission each have an easement; alignment is West to East approximately mid site. The high pressure gas line is for Anadarko and is located outside of the existing right-of-way for CR 6, south side. • Electric power, telephone, and gas are adjacent to each County road right-of-way. The site is currently employing site work to establish grades. There are no known violations on the property. Signature /-louse(s) ❑ Derelict Vehicles o Outbuilding(s) o Non-commercial junkyard(list components) 'Access to Property o Irrigation Sprinkler 'Crop Productions 'Crops ySite Distance o Wetlands ❑ Mobile Home(s) 'Oil&Gas Structures ❑ Other Animals On-Site o Wildlife ❑ Water Bodies 49,41tilities On-Site(transmission lines) Ditch ❑ Topography Note any commercial business/commercial vehicles that are operating from the site. • • Hello