HomeMy WebLinkAbout20083180.tiff RESOLUTION
RE: APPROVE SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW
PERMIT#1676 FOR A USE PERMITTED AS A USE BY RIGHT,ACCESSORY USE, OR
USE BY SPECIAL REVIEW IN THE 1-3 (INDUSTRIAL) ZONE DISTRICT, INCLUDING
RESEARCH, REPAIRING, MANUFACTURING, FABRICATING, PROCESSING,
ASSEMBLING, OR STORAGE NATURE (INDUSTRIAL MANUFACTURING FACILITY-
VESTAS)IN THE A(AGRICULTURAL)ZONE DISTRICT-VESTAS BLADES AMERICA,
INC. / REGIONAL TRANSPORTATION DISTRICT/ CITY OF BRIGHTON
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners held a public hearing on the 10th day of
December, 2008, at the hour of 10:00 a.m., in the Chambers of the Board, for the purpose of
hearing the application of Vestas Blades America, Inc.,Attn: KjaerJakobsen, Eastman Park
Drive, Windsor, Colorado 80550/Regional Transportation District, Attn: Susan Altes, 1600 Blake
Street, Denver, Colorado 80202 / City of Brighton, Attn: John Bramble, 22 South 4th Avenue,
Brighton, Colorado 80601, for a Site Specific Development Plan and Use by Special Review
Permit#1676 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the 1-3 (Industrial) Zone District, including research, repairing, manufacturing, fabricating,
processing, assembling, or storage nature (Industrial manufacturing facility - Vestas) in the
A (Agricultural) Zone District on the following described real estate, being more particularly
described as follows:
Part of the NW1/4, lying east of the Union Pacific
Railroad; part of the N1/2 SW 1/4/4 east of the Railroad
also part of the NE1/4 SW1/4; and a portion of Lot B
of Amended Recorded Exemption #1058, being part
of the NE1/4 SW1/4, together with a portion of the
NW1/4 SE1/4 of Section 29, Township 1 North,
Range 66 West of the 6th P.M., Weld County,
Colorado
WHEREAS,said applicant was present/represented by David Mirc, Nolte Associates, Inc.,
8000 South Chester Street, Suite 200, Centennial, Colorado 80112, at said hearing, and
WHEREAS, Section 23-2-230 of the Weld County Code provides standards for review of
said Use by Special Review Permit, and
WHEREAS,the Board of County Commissioners heard all of the testimony and statements
of those present, studied the request of the applicant and the recommendation of the Weld County
Planning Commission and all of the exhibits and evidence presented in this matter and, having
been fully informed, finds that this request shall be approved for the following reasons:
1. The submitted materials are in compliance with the application requirements of
Section 23-2-260 of the Weld County Code.
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USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
TRANSPORTATION DISTRICT/CITY OF BRIGHTON
PAGE 2
2. It is the opinion of the Board of County Commissioners that the applicant has shown
compliance with Section 23-2-230.6 of the Weld County Code as follows:
a. Section 23-2-230.B.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
intends to annex this development at the issuance of the Temporary
Certificate of Occupancy, in summer of 2009, as indicated in the referral
dated November 3, 2008.
1) Section 22-2-150.A(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, indicated 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.
2) 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 and utilizes existing labor more
effectively, reduces out-migration of skilled workers and youths,
develops greater employment stability, and improves infrastructure.
3) Section 22-2-150.B.5 (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,
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TRANSPORTATION DISTRICT/CITY OF BRIGHTON
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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, and storage capacity and lengths
for turn lanes for County Roads 4, 6, and 27, and for
U.S. Highway 85. A signal analysis and a sight distance analysis for
the Vestas site and for the railroad crossings are 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.
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 Department of 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 the proposed facility. The City of
Brighton, in the 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."
4) 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.
5) 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.
6) 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
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USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
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Weld and Adams Counties that have authority over land use along
the U.S. Highway 85 corridor." 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."
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 the proposed
development.
7) Section 22-3-130.B states, "The Union Pacific Railroad (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 it is in negotiations with representatives of the
Union Pacific Railroad and has held conversations with the Public
Utility Commission concerning the required upgrades to these
crossing locations. A finalized Agreement between the Union Pacific
Railroad and the property owner will be required prior to recording
the plat.
8) 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 comments with stated requirements prior to submitting the
final documents, as indicated in the referral dated November 3,
2008.
b. Section 23-2-230.8.2--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 Use by Special Review
Permit for any 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. The City of Brighton, in the referral response dated November 3,
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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 have 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 23-2-230.B.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, a commercial greenhouse to the south, the Union Pacific
Railroad (UPRR) main line track to the west with residential structures
located west of the main track, and 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. The Conditions of
Approval and Development Standards will ensure that the proposed use will
be compatible with the surrounding land uses.
d. Section 23-2-230.8.4--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 the three-mile referral area for the
Cities of Brighton and Fort Lupton, the 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 stating 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 23-2-230.B.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-Wide Road Impact
Fee Program. 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 Programs.
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f. Section 23-2-230.B.6 -- The applicant has demonstrated a diligent effort to
conserve prime agricultural land in the locational decision for the proposed
use.
g. Section 23-2-230.B.7 -- The Design Standards (Section 23-2-240 of the
Weld County Code), Operation Standards (Section 23-2-250 of the Weld
County Code), Conditions of Approval, and Development Standards ensure
that there are adequate provisions for the protection of the health, safety,
and welfare of the inhabitants of the neighborhood and County.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the application of Vestas Blades America, Inc., Regional Transportation
District, and the City of Brighton for a Site Specific Development Plan and Use by Special Review
Permit#1676 for a Use Permitted as a Use by Right, Accessory Use, or Use by Special Review
in the 1-3 (Industrial) Zone District, including research, repairing, manufacturing, fabricating,
processing, assembling, or storage nature (Industrial manufacturing facility - Vestas) in the
A (Agricultural) Zone District, on the parcel of land described above be, and hereby is, granted
subject to the following conditions:
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.
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) states, "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 it has 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.
C. The applicant shall address and resolve the land split between Donald Truax
and the Regional Transportation District. The applicant shall address the
Conditions of Approval and record the plat for the Recorded Exemption
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when it is submitted for processing and approval. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
D. The applicant shall submit a recorded Deed describing the property
associated with the Vestas project.
E. The applicant shall address and resolve the requirements and 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.
F. The applicant shall address and resolve the requirements and 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.
G. The applicant shall address and resolve the requirements and 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.
H. The applicant shall address and resolve the requirements and concerns of
the Division of Water Resources, Office of the State Engineer, as stated in
the referral response dated October 7, 2008. Evidence of such shall be
submitted, in writing, to the Weld County Department of Planning Services.
The applicant shall address and resolve the requirements and concerns of
the Weld County Department of Building Inspection, as stated in the referral
response dated October 14, 2008. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
J. The applicant shall address and resolve the requirements and concerns of
the City of Fort Lupton, as stated in the referral response dated October 31,
2008, including, but not limited to, right-of-way on County Road 6; and
adherence to the 1999 U.S. Highway 85 Access Control Plan,specific to the
intersections of U.S. Highway 85 and County Roads 4 and 6. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
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USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
TRANSPORTATION DISTRICT/CITY OF BRIGHTON
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K. The applicant shall submit, to the Department of Planning Services, a
Property Maintenance Plan,for review and approval. The maintenance plan
shall be in compliance with Section 23-2-250.6.7 of the Weld County Code.
L. The applicant shall submit a Dust Abatement Plan,for review and approval,
to the Environmental Health Services Division of the Weld County
Department of Public Health and Environment. Evidence of approval from
the Department of Public Health and Environment shall be submitted to the
Department of Planning Services.
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 and 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 the 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
the site.
3) The waste handler and facility where the waste will be disposed
(including the facility name, address, and phone number).
N. The applicant shall submit a Landscape and Screening Plan for the site,
which includes 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 23-2-250.8.7 of the Weld County Code at all times.
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 plat.
P. The applicant shall contact the Colorado Department of Transportation
(CDOT) 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.
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TRANSPORTATION DISTRICT/CITY OF BRIGHTON
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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, but
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.
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.
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 WAPA. Evidence of such
shall be submitted, in writing, to the Weld County 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.
U. The applicant shall provide evidence that United Power has applied, 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.
V. The applicant shall submit written evidence, to the Department of Planning
Services, that all utility easements have been vacated should they not be
utilized by the applicant.
W. The Weld County Department of Public Works received a Preliminary
Drainage Report for the Vestas Wind Systems A/S project on October 6,
2008, located at County Roads 27 and 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.
X. Per Weld County Code Ordinances #2001-1, #2003-10, and #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
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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.
Y. The applicant shall provide written evidence, to the Department of Planning
Services, that the final drainage construction and erosion control plans
(conforming to the Final Drainage Report) stamped, signed, and dated by
a Colorado licensed professional engineer, are submitted with each plan.
Z. The applicant shall provide the Final Drainage Report signed, dated, and
stamped by a Colorado license professional engineer, that report shall
update the Preliminary Drainage Report and provide a thorough analysis
addressing all redline comments in the Preliminary Report and plans,
including the complications due to the railroad, contributing off-site 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.
AA. The applicant shall provide a Final Geotechnical report, stamped, signed
and dated by a Colorado licensed professional engineer. Evidence of such
shall be submitted, in writing, to the Weld County Department of Planning
Services.
BB. 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.
CC. 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. The
applicant shall include this information within the Final Report. Evidence of
such shall be submitted, in writing, to the Weld County Department of
Planning Services.
DD. The applicant shall provide three(3)complete sets of construction drawings.
The drawings must be signed, dated, and stamped by a Colorado licensed
professional engineer. 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.
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EE. The applicant shall provide a Final Traffic Study stamped,signed,and dated
by a Colorado licensed professional engineer. That study shall update the
Preliminary Study,addressing all redline comments in the Preliminary Study,
and address Vestas-specific traffic issues, including Turn Lane Warrant
Analysis (including CDOT Access Code, storage capacity, and lengths for
turn lanes)for County Roads 4, 6,and 27, and an Analysis of Sight Distance
for the Vestas site and for the railroad crossings. The submitted Preliminary
Traffic Study did not adequately address the unusual materials delivery and
product shipping needs associated with the Vestas facility(44 meter blades,
750,000 pound nacelles). In particular, the Final Traffic Study shall include
a comprehensive plan for future traffic volumes and identify needed
intersection and rail crossing improvements, intersection and access point
radii increases, and turn movements. The applicant shall address CDOT's
concerns in the Final Traffic Study. Evidence of such shall be submitted, in
writing, to the Weld County Department of Planning Services.
FF. 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 shall be included in the Improvements
Agreements. Evidence of such shall be submitted, in writing, to the Weld
County Department of Planning Services.
GG. The plat shall be amended to delineate the following:
1) All sheets shall be labeled USR-1676.
2) The attached Development Standards.
3) The plat shall delineate any signs(building,directional, identification,
road, and temporary, etcetera) in compliance with Chapter 23,
Division 2, of the Weld County Code.
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 buildout. 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
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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
its adopted 2007 Transportation Plan, identifies County Road 6 as
an Arterial posted at 35 M.P.H., which requires 90 feet of
right-of-way at full buildout to accommodate two travel lanes in each
direction and a raised and planted median. The City of Brighton
states, in its referral, that 80 feet of right-of-way is required at full
buildout 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 it, shall be delineated on the plat.
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 buildout. 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 it, shall be delineated on the plat.
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 buildout. 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 it, shall be delineated on the plat.
7) The proposed southern point of ingress and egress (aka County
Road 27.3)for employees associated with this facility is proposed to
2008-3180
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USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
TRANSPORTATION DISTRICT/CITY OF BRIGHTON
PAGE 13
be designated as a local paved road which requires 50 feet of
right-of-way at full buildout. The applicant shall provide evidence of
the documents creating this dedicated right-of-way with the reception
number shown on the plat. This southern access road is to be
maintained by the City of Brighton.
8) The applicant shall 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, and provide more detail on the
multi-access and the south employee access configurations.
9) Stop signs, painted stop bars, yield signs, appropriate one-way
signs, truck route signs, and employee route signs shall be placed
in the appropriate locations.
10) Circulation and internal access appear to be adequate. The parking
lot spaces shall be striped. Planning should designate any
Americans with Disabilities Act (ADA) locations identified with the
facility and they should be shown on the plat drawing.
11) 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.
12) 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.
13) The approved Landscape and Screening Plan.
14) 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.
15) 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 3:30 p.m.; 500 persons are
employed at the blades facility during this same shift change, (375
+ 375 nacelle employees and 250 + 250 blades employees) hence
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USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
TRANSPORTATION DISTRICT/CITY OF BRIGHTON
PAGE 14
the required parking at a minimum is 1,250 parking spaces. The
plan, as identified herein, delineates 985 spaces. The plat shall be
amended to delineate an additional 265 parking spaces employees
parking.
HH. The applicant shall submit two (2) paper copies of the plat for preliminary
approval to the Weld County Department of Planning Services.
2. Upon completion of Condition of Approval #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 the Department of Planning Services. 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.
3. The Department of Planning Services respectfully 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 maps@co.weld.co.us.
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 lavatories, fire, and potable water requirements.
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.
3) The property has been annexed into the City of Brighton.
4) The Long-Term Maintenance and Improvements Agreement
includes the applicant's and/or the City of Brighton's obligation for
funds, upgrades, and long-term maintenance on County Road 6
from U. S. Highway 85 to the east edge of the property, County
Road 4 from U.S. Highway 85 to the south employee access
entrance, and County Road 27, from County Roads 4 to 6. General
upgrades and maintenance shall include improvements to the
affected intersections, traffic signals, railroad crossings
improvements including safety arms, and deceleration and
2008-3180
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USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
TRANSPORTATION DISTRICT/CITY OF BRIGHTON
PAGE 15
acceleration turn lanes at access points to the facility and affected
intersections. The agreement shall specify construction of
deceleration and acceleration turn lanes at access points to the
facility and shall include construction of additional lanes and paving
of County Road 6 from County Road 27 to the east boundary line of
the property. A portion of County Road 6, east of U.S. Highway 85,
has been annexed by the City of Fort Lupton; the Long-Term
Maintenance and Improvements Agreement will specify
improvements to this portion of County Road 6, and will also specify
improvements to the intersection of County Road 6 and
U.S. Highway 85, as needed. County Road 6, east of U.S.
Highway 85 to the site,shall be designated as the main access route
for heavy truck traffic.
5) 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 Department of Public Works
prior to accepting the road construction plans.
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.
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 lavatories, fire, and potable water requirements.
2) The Greater Brighton Fire Protection District and the Fort Lupton
Fire Protection District have provided a written sign-off to the
Department of Building Inspection.
3) All Building Inspection related issues have been approved by the
Weld County Department of Planning Services or its assigns.
7. The Use by Special Review activity shall not occur, nor shall any building or
electrical permits be issued on the property, until the Use by Special Review plat is
ready to be recorded in the office of the Weld County Clerk and Recorder.
2008-3180
PL1989
USE BY SPECIAL REVIEW PERMIT #1676 - VESTAS BLADES AMERICA, INC./REGIONAL
TRANSPORTATION DISTRICT/CITY OF BRIGHTON
PAGE 16
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 10th day of December, A.D., 2008.
-. BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLLORADO
ATTEST: ( '°"`°v�"'Or"t'
l! Wilft_#y _i iC hai
Weld County Clerk to th o rid'
flk
=J 1// Robert D. Masd-•, ro-Tem
BY:
Deputy Clerk o the Board
ii. F. Garcia
APIROVED AS JO ORM:
r /" David E. Long
Chun orney �` . . ..
Douglas ademache
Date of signature: e
2008-3180
PL1989
SITE SPECIFIC DEVELOPMENT PLAN
USE BY SPECIAL REVIEW PERMIT
DEVELOPMENT STANDARDS
VESTAS BLADES AMERICA, INC.,
REGIONAL TRANSPORTATION DISTRICT,
AND CITY OF BRIGHTON
USR#1676
1. A Site Specific Development Plan and Use by Special Use Permit #1676 is 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 and subject to the Development Standards stated hereon.
2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the
Weld County Code.
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, Section 30-20-100.5, C.R.S.
4. Waste materials shall be handled,stored,and disposed of in a manner that controls fugitive
dust,fugitive particulate emissions,blowing debris,and other potential nuisance conditions.
5. The applicant shall operate in accordance with the approved Waste Handling Plan.
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.
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.
8. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial
Zone District, as delineated in Section 14-9-30 of the Weld County Code.
9. Adequate hand washing and toilet facilities shall be provided for employees and patrons of
the facility(City of Brighton Sanitation).
10. A permanent, adequate water supply shall be provided for drinking and sanitary purposes
(City of Brighton Water).
11. The applicant shall comply with all provisions of the Underground and Above Ground
Storage Tank Regulations (7 CCR 1101-14), if applicable.
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 and volatile organic compounds.
13. If applicable, the applicant shall obtain a Stormwater Discharge Permit from the Colorado
Department of Public Health and Environment, Water Quality Control Division.
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DEVELOPMENT STANDARDS - VESTAS BLADES AMERICA, INC. / REGIONAL
TRANSPORTATION DISTRICT/ CITY OF BRIGHTON (USR #1676)
PAGE 2
14. The operation shall comply with all applicable rules and regulations of state and federal
agencies and the Weld County Code.
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 Colorado registered engineer, shall be required.
16. A plan review shall be approved, and a permit must be issued, prior to the start of
construction.
17. 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).
18. The applicant shall submit a letter from the Greater Brighton Fire Protection District and the
Fort Lupton Fire Protection District to ascertain if a Fire Protection District Permit is
required.
19. 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.
20. 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 issuance of a Temporary
Certificate of Occupancy and a Certificate of Occupancy.
21. 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.
22. 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.
23. The hours of operation are 24 hours each day, seven days a week.
24. There shall be no more then one thousand five hundred (1,500) employees on the site at
any given time.
25. Effective January 1, 2003, building permits issued on the lot will be required to adhere to
the fee structure of the County-Wide Road Impact Fee Program.
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TRANSPORTATION DISTRICT/ CITY OF BRIGHTON (USR #1676)
PAGE 3
26. 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.
27. The landscape and screening on the site shall be maintained in accordance with the
approved Landscape and Screening Plan.
28. 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.
29. The configuration of the curved radius access is combined with an additional 90-degre
two-way access point. The curved radius access combined shall be gated and only used
to bring overweight/over-width loads into and out of the facility. Flaggers or pilot cars shall
be required to control traffic during these moves. The two-way access is for employees
using the northeast parking lots.
30. Access from the intersection of County Road 4 and U.S. Highway 85 shall be restricted to
a right-in, right-out movement.
31. The property owner or operator shall be responsible for complying with the Design
Standards of Section 23-3-350 of the Weld County Code.
32. The property owner or operator shall be responsible for complying with the Operation
Standards of Section 23-3-360 of the Weld County Code.
33. Weld County Government personnel 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.
34. The Use by 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.
35. 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.
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