HomeMy WebLinkAbout20083186.tiff of Colo•
DEPARTMENT OF NATURAL RESOURCES
O DIVISION OF WATER RESOURCES
Weld County Planning Department Bill Ritter,Jr.
* 1876 * * Governor
GREELEY OFFICE Harris D.Sherman
Executive Director
°CT "I 4 ?non Dick Wolfe,P.E.
October 7, 2008 Director
Kim Ogle RECEIVED
Weld County Planning Dept.
918 10th Street
Greeley, CO 80631
Re: USR-1676 — 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 Zone District, including research, repairing, manufacturing, fabricating,
processing, assembling or storage nature
Dear Mr. Ogle:
This referral does not appear to qualify as a "subdivision" as defined in Section 30-28-
101(10)(a), C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 memorandum to
county planning directors, this office will only perform a cursory review of the referral information and
provide comments. The comments do not address the adequacy of the water supply plan for this
• project or the ability of the water supply plan to satisfy any County regulations or requirements. In
addition, the comments provided herein cannot be used to guarantee a viable water supply
plan or infrastructure,the issuance of a well permit, or the physical availability of water.
The proposed water source is the City of Brighton ("Brighton"). Our office has no comments
regarding Brighton's ability to serve the proposed lots.
Should you have any questions in this matter, please contact me at 303-866-3581.
Sincerely,
Joa na Williams
- er Resource Engineer
EXHIBIT
•
5
Office of the State Engineer
1313 Sherman Street,Suite 818•Denver,CO 80203•Phone:303-866-3581 •Fax:303-866-358Q
www.water.state.co.us 2008-3186
•
INITED
POWER
MEMORANDUM
October 8, 2008
TO WELD COUNTY PLANNING, BUILDING AND ZONING
c/o Kim Ogle
• FROM: Al Trujillo
RESPONSE/RECOMMENDATIONS FOR NON-EXCLUSIVE EASEMENTS
I I I I I I I I I I I 1 1 1 1 1 111111111 1 1 1 1 1 1 1 1 1
NAME OF SUBDIVISION RECEIPT OF NOTICE COMMENTS DUE
I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 111111111 I 1 1 1
VESTAS BLADE&NACHELLE CAMPUS OCTOBER 3, 2008 NOVEMBER 3, 2008
1111111111111111 111111111 Milli ! !
NO CONFLICTS WITH OUR INTERESTS
I I I L I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 J
Please let me know if I can be of further assistance on this matter and thanks again for
your help.
I can be reached @ 1-303-637-1241.
•
A CONSUMER OWNED UTILITY
At ct a DEPARTMENT OF BUILDING & PLANNING SERVICES
• Weld County Adminisrative Offices 4rit 918 10th Street
Greeley CO 806310631 Phone (970) 353-6100 Ext 3575
WEBSITE: www.co.weld.co.us
COLORADO
Applicant: Vestas Wind Systems A/S October 14, 2008
Case Number: USR-1676
Project: 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: 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, T1N, R66W of the 6th P.M., Weld County, Colorado.
• Location: South of and adjacent to CR 6; east of CR 27; 1/4 mile north of CR 4.
Parcel Numbers: 1471 29 200117, 1471 29 000100 & 1471 29 300002
Two permits are on record for these parcels; EL-0110047 (Final), GRD08-00012 (In Review)
Prior to the start of any construction, alterations, or change of occupancy;
1 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 preformed by a
registered State of Colorado engineer shall be required.
2 A plan review shall be approved and a permit must be issued prior to the start of construction.
3 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).
4 Buildings located within a 100 year flood plain require a Flood Hazard Development Plan.
5 A letter from the Fire District to ascertain if a FPD permit is required.
Sincerely
•
Robert Powell
Building Plans Examiner II
Service,Teamwork,Integrity,Quality
a
• Weld County Referral
Weld County Planning Department October 3, 2008
wage GREELEY OFFICE
- OCT 2 3 7nna
COLORADO RECEIVED
The Weld County Department of Planning Services has received the following item for review:
Applicant Vestas Wind Systems A/S Case Number USR-1676
Please Reply By November 3, 2008 Planner Kim ()tile
Project 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) in the A(Agricultural) Zone District.
Legal 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, TIN, R66W of the 6th P.M., Weld County,
Colorado.
• Location South of and adjacent to CR 6; East of CR 27; 0.25 miles north of CR 4, generally
East of and adjacent to the Union Pacific Railroad.
Parcel Number 1471 29 200117, 1471 29 000100, & 1471 29 300002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
❑ JVe have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments:
• Signature J (/i° ' g) Date /O/Z/POO(5)
Agency ( i{y , 7 Lup.A&
❖Weld County Planning Dept. +918 10'"Street,Greeley, CO.80631 C•(970)353-6100 ext.3540 •(970)304-6498 fax
®t FOOT City of Fort Lupton
It, , 36 Planning and Building
Op
COL OHO Department
Performance,Integrity,Teamwork,
Accountability and Service
(303)857-6694 x 125
Tom Parko,Planning Director Fax(303)857-0351
130 S.McKinley Avenue Email:tparko@fortlupton.org
Fort Lupton,Colorado 80621 http://www.fortlupton.org
October 31, 2008
Weld County Planning Department
Attn: Kim Ogle, Planning Manager
918 10th Street
Greeley, Colorado 80631
Dear Mr. Ogle:
Thank you for the opportunity to review Case Number USR-1676 for Vestas Blade and Nacelle
Campus. The referral indicates that Vestas is seeking entitlements under a site specific
• development plan and special use permit. The City of Fort Lupton fully supports the project but
has a few comments and observations which are listed below.
I) Vestas is seeking a special use permit in the A (Agricultural) District to conduct research,
repairing, manufacturing, fabricating, processing, assembling and storage. The uses just
mentioned are allowed in the I-3 (Industrial) District. It is unclear in the USR application
if these uses are similar to the uses allowed under the City of Brighton's industrial zone.
The City of Fort Lupton is under the impression that the City of Brighton will annex and
zone the property accordingly once the entitlements are approved by the County. Is there
a pre-annexation agreement between Vestas and the City of Brighton? What conditions,
if any, will the City of Brighton have on Vestas during the annexation and zoning
process?
2) In 2005 the City of Brighton and the City of Fort Lupton prepared a joint plan referred to
as the"Interim Growth Plan". Although the plan was not formally adopted it was used as
a tool to help guide future growth between the cities and to provide a basis for an
Intergovernmental Agreement (IGA). The proposed plan, which is attached to this letter,
shows the proposed Vestas site on the City of Brighton's open space property. As of 2005
this plan did not reflect industrial uses and referred to it as "rural transitional". However,
because this property is adjacent to mil it makes logical sense that the rural uses are better
suited for industrial and commercial uses. The City of Fort Lupton's 2007 Land Use Plan
shows extensive employment areas north of the Vestas site.
•
• 3) The City of Fort Lupton would like the County to be aware of our 2007 Transportation
Master plan which is attached. The 2007 Transportation Plan calls for WCR 6 to be an
arterial. There is sixty (60) feet of existing County ROW and Fort Lupton is requesting
that Vestas dedicate an additional fifteen (15) feet of ROW on their northern property
line. Future development on the north of WCR 6 will dedicate fifteen (15) feet of ROW
to achieve a total of ninety (90) feet for an arterial. We believe this future arterial is
important for long-term transportation needs in the region. If Weld County does not have
the ability to obtain an additional fifteen (15) feet of ROW we ask that the City of
Brighton consider this request during their annexation, or include it in the terms of a pre-
annexation agreement.
4) It appears that the Vestas property is located within the Fort Lupton/ Weld RE-8 School
District boundaries. Please see attachment. Any property tax incentives to Vestas should
be carefully weighed to determine if the school district is impacted by potential revenue
losses. A letter from the County should be provided to the school district stating that any
reduction in property tax to Vestas does not reduce property tax the district will receive
from this development.
5) The City did not receive a landscaping plan for the project. Section 23-2-240(A)(10) of
the Weld County Zoning Code states "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 surrounding uses. Buffering or SCREENING may be
• accomplished through a combination of berming, landscaping and fencing". The plans
submitted with the referral did not show a buffer or screening from adjacent land uses to
the east, north and south.
6) The City did not receive a photometric plan for the project. We will assume that Vestas
will comply with the standards under Section 23-2-250 of the Zoning Code.
7) The City did not receive a copy of a traffic impact study. The City would like to know the
traffic levels and traffic patterns from the Vestas plant as well as any recommendations.
The plans in the referral packet indicate that the main entrance and exit to the plant is on
WCR 6. What improvements will be made to WCR 6, the intersection of WCR 6 and
WCR 27 and the intersection of WCR 6 and US 85? It appears that there will be access to
the property from WCR 4 as well. What improvements will be made to WCR 4, the
intersection of WCR 4 and WCR 27 and the intersection of WCR 4 and US 85? Will
there be a lighted interchange proposed at US 85 and WCR 4? If so, has the County
approached the US 85 Access Control Committee to discuss alternatives? Page 38 of the
Access Control Plan indicates that WCR 4 is a "T" intersection which is currently
unsignalized. "Properties on the west side of US 85 have access at the intersection. The
future treatment of this intersection is the same as at CR 2.5. As soon as possible, this
intersection will be modified to a % access (high priority). Weld County must make
auxiliary land improvements on CR 27 at CR 4 and adjacent intersections so large trucks
can safely make turns. Ultimately, this intersection will be closed when interchanges are
built at CR 2 on the south and either CR 6 or CR 8 to the north (long-term priority).
• Property on the west side will have access from a new frontage road between CR 2 and
• CR 8, and the east side properties will have access from CR 27". Has COOT Region 4
been made aware of the plans and impacts to US 85, and if so, are there any comments?
Again, thank you for allowing Fort Lupton an opportunity to review Case No. USR-1676. If you
have any questions regarding the comments made in this letter please do not hesitate to contact
the City.
Sincerely,
Gene Reynolds, Chairman
City of Fort Lupton Planning and Zoning Commission
Attachments:
2007 Land Use Plan
2005 Interim Growth Plan
2007 Transportation Plan
Weld County School District Re-8 District Boundary Map
US 85 Access Control Plan(December 1999)
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LEGEND INTERIM GROWTH LAND USE POLICY AREAS TRANSPORTATION
US Highway PLANNING AREA Natural Resource Transitional Principle Arterial
Ft Lupton Urban Growth Area Rural Residential Minor Arterial
Ili _.... County Roads
Rural Transitional 0 Grado Soparated �i�asimayine Brighton Urban Growth Arta Intnrchan e 7
Rail Lines n 1/
/� Rural Commercial o- - Recreation Trail V
Joint Planning Influence AreaJury 2005
t=C,+ Water Bodies
- Highway Commercial S RotNeAvenue Alignment from I m I
Municipality CR 8 to CR 6 To be Determined 0 0-25 0.5.Mies
Rail Industrial
INTRODUCTION NATURAL RESOURCE TRANSITIONAL 2. Update the Intergovernmental Agreement(IGA)
The Interim Growth Plan provides a policy framework Natural Resource Transitional areas are suitable for between Fort Capron and Weld County.
for land use decisions and capital improvements within active and, gravel and/or rock extraction operationsFort Lupton is encouraged to update their IGA with
the Interim Growth Planning Area(IGPA). The Plan This designation also includes areas that may be suitableWeld County. Fort Lupton currently has an IGA
vision,planning principles,plan goals,land use policy for expansion of these operations.Other pennitr d uses with the County which extends as far south as
• areas,and key implementation steps are described on this may include agriculture,parka recreational trails and County Road 10. The updated IGA should reflect
page. On the reverse page.these concepts are illustrated open lands. These areas also represent the desire to pro- the new Urban Growth Area,extending to County
on the Interim Growth Plan Land Use Map. tect floodplain areas,riparian corridors and other molt- Road e,with a Planning Influence Area extending to
onmentally constrained areas. It is anticipatedthat nat- Weld County Road 6.
PLAN VISION ural resource development will transition to recreational 3. Develop and execute an Intergovernmental Agree-
Fort Lupton, Brighton and Weld County will work met in these areas over time. meat(IGA)between Fort Lupton and Weld County.
together to plan for efficient,compatible and mutually &aired Infrastructure On-going maintenance of Fort Lupton and Brighton are encouraged to
beneficial growth and development within the IGPA. County roads and natal services negotiate an IGA that addresses future annexation
boundaries,development referrals,tax sharing,util-
PLANNING PRINCIPLES RURAL RESIDENTIAL ity services and transportation corridor planning
within the IGPA.
The following planning principles, developed through Rural Residential areas are unlikely to be served by muni-
community participation. Conn the basis for develop- cipal services within the next five to ten years.Therefore, 4. Establish a Planning Influence Area between Fort
ment of the Interim Growth Plan: these arms are likely to remain as agriculture,open lands Lupton and Brighton.
I. Property right should be protected and rural residences.Rural residences should be permit- The Interim Growth Plan identifies a Planning
2. A rural lifestyle should be respected td at a maximum density of one dwelling per 2.3 acres, Influence Area between County Road 6 and County
3. Agricultural operations should be encouraged to with larger lots encouraged. Road 8 within the IGPA The purpose of the
prosper. psgidred htt-aaMscra_^e•.On-going maintenance of Planning Influence area is to create a rural buffer
4. Natural resources should be preserved for economic County roads and rural services between Fort Lupton and Brighton.The Planning
and recreational benefit Influence Area will serve to maintain distinct
5. New residential,commercial and industrial RURAL TRANSITIONAL boundaries between Fort Lupton and Brighton,aka.
development should be directed into appropriate a community separator. Within the Planning
Rural Transitional areas are likely to be served by muni-
locatlonsbaudonavaflabWty of infrastructure and Influence Area, decisions regarding land use,
services. pav services,including central sewer,central water and
municipal service annexations, and infrastructure extension and
paved roads,within the next five to ten years Upon ex-
binding could be coordinated between the three
tension of municipal services,these areas may transition jurisdictions.
PLAN GOALS from agriculture,rural residences and open lands to low
Plan goals provide a framework for the development of density residences.Low density residences should be per- 5. Develop o Tax Shoring Area between Weld
land use policy areas and implementation steps. mined at an average maximum density of 2.5 dwelling County,Fort Lupton and Brighton.
L Respect existing agricultural operations(see Right to units per acre, with techniques to encourage dusts Weld County,Fort Lupton and Brighton are encour-
Farm,below). housing near available services. aged to develop a ax sharing areawithin the Plan-
2. Guide development into appropriate locations with- RERERrAilnIntstruchire Central sewer system,central ning Influence Area. Sales and use taxes could be
in the IGPA. water system,paved roads collected and distributed based on an equitable ratio
3. Minimize development impacts on environmentally established between the three jurisdictions. Tax
sensitive areas and areas without adequate RURAL COMMERCIAL sharing will slow pressure for premature annexation
infrastructure, and allow Weld County,Fort Lupton and Brighton
Rural Commercial areas are intended to provide goods to more effectively coordinate land use,infrastruc-
4. Provide for future recreational opportunities and services to rural areas, Rural Commercial nodes are tore and fundin decisions5. Foster cooperative planning efforts between delineated where there will be adequate infrastructure g
Brighton,Fort Lupton and Weld County. and occur adjacent to the intersections of improved 6. Adopt a Right-to-Farm Provision.
• RIGHT TO FARM county arterial roads.Preferred land uses within these mm- The Interim Growth Plan provides language to up-
nodes may include institutional uses,rural service mm- hold existing farming operations. This language
Agriculture is a multi-million dollar business in Weld menial and agricultural-related commercial. should be ratified in the form of an individual or
County. As a matter of right, all existing agricultural Bpyiyed/gfinetrurNm central sewer or commercial
joint resolution by each j°tisdicrion.
permittedoperations should bpermittedto continue within all of septiccentral water,turn bas and access
the Land Use Policy Areas described below. Fanners P system, Y 7, Utilize Annexation Agreements.
often work around the clock,especially during planting smpr°vements Fort Lupton and Brighton are encouraged to nego-
and harvest time. Planting and other operations can bate annexation agreements prior to annexing land
cause dust and odor,especially during windy and dry HIGHWAY COMMERCIAL within the IGPA Pre-annexation agreements should
weather.Abutting properties should be aware of these Highway Commercial nodes may include commercial address timing,location,and intensity of develop-
operations before making provisions for any subdivision and service uses to serve through traffic as well as local ment,as well as the timing,location,sizing,and
and/or change of use. areas, Highway Commercial nodes are delineated where funding of infrastructure improvements. Terms of
there will be adequate infrastructure along US 85 near or annexation agreements should be referred to each
LAND USE POLICY AREAS adjacent to interchanges or major intersections. Pre- jurisdiction within the IGPA for review and
The following Land Use Policy Areas serve as a guide for ferred land uses within these areas may include highway comment.
future growth and development within the IGPA. These commercial services. 8. Zane properties consistent with the Interim
policy areas define development locations,outline types BruuiredlnfraNucturn:Central sewer or commercial Growth Plan Land Use Map.
of uses and recommend development parameters such as septic system,central water,turn bays and access Upon annexation, Fort Lupton and Brighton are
densities(lot sizes)and minimum infrastructure guide- Improvements encouraged to zone property in accordance with the
lines. Six policy areas are shown on the Interim Growth Land Use Policy Areas shown on the Interim
Plan land Use Map: RAIL INDUSTRIAL Growth Plan land Use Map.Weld County is en-
• Natural Resource Transitional Rail Industrial areas have excellent rail access as well as couraged to consider the intent of each land Use
• Rural Residential access to CR 27.Industrial developments may include Policy Area in zoning/rexoning decisions within the
• Rural Transitional warehousing, distribution, assembly, fabrication, and IGPA.
• Rural Commercial light manufacturing. Performance standards should be 9. Prepare a corridor plan for County Road 17.
• Highway Commercial considered for heavy industrial uses in the Rail Industrial Fort Lupton should work jointly with Weld County,
• Rail Industrial area Brighton and individual landowners to prepare a
These policy areas are land use daigsuti"ns intended to Rzaiired lA eltuaucet Central sewer Or Commercial corridor plan for County Road 27. This corridor
be used as a guideline for responsible growth and Bevel- septic system,central water,turn bays and access plan should address the preservation of right-of-way
opment within the IGPA The Interim Growth Plan improvements for trucks and heavy machinery. for future widening,access management guidelines
to regulate the number,size and location of drive-
should beused as a resource by the City of Fort Lupton ways and future aesthetic improvements including
Plannin
g Commission.City of Brighton Planning Com-
mission and the Weld County Planning Commission in KEY IMPLEMENTATION STEPS the incorporation of gateway elements,buffering,
considering future development proposals within the 1 Develop and execute an lnt vernmentalA Agree- setbacks,erf commercial rsn guidelines and indvs-
IGPA. When considering development proposals,City o° n trial performance standards.
ment it of between ghto Brighton and Weld County.
and County staff and officials should consider the follow- The City of Brighton is encouraged to Form an IGA 10. Prepare preliminary design plans for the extension
• ing factors: with Weld County. The execution of an IGA of Rollie Avenue.
I. The delineated land use policy areas on the Interim between the County and the City of Brighton for the Fort Lupton should work with Weld County,Brigh-
Growth Plan Land Use Map. IGPA is an important fiat step to working together ton and individual landowners to create a prelim-
2. The type,size and density of existing development on land use decisions, annexations, and infra- inary design plan for the extension of Rollie Avenue
patterns. structure extension and funding. The suggested into the IGPA.The alignment of Rollie Avenue will
3. The adequacy of infrastructure to support the Urban Growth Area boundary for the IGA is County need to be determined between Weld County Roads
proposed development,especially improved roads, Road 6,with a Planning Influence Area extending to and Weld County Road 6,with agreements estab-
water and wastewater systems. County Road 8. fished for the acquisition of rights-of-way.
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• ULLEVIG
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85 Access Control Han 1-76 to WCR 80
•
property on the west side will have access from a new frontage road between CR 2 and CR 8,
and east side properties will have access from CR 27.
CR 4 - This is a "T" intersection which is currently unsignalized (see Figure A-5). Properties
on the west side of US 85 have access at the intersection. The future treatment of this
intersection is the same as at CR 2.5. As soon as possible, this intersection will be modified
to a 3/4 access (high priority). Weld County must make auxiliary lane improvements on CR 27
at CR 4 and adjacent intersections so large trucks can safely make turns. Ultimately, this
intersection will be closed when interchanges are built at CR 2 on the south and either CR 6
or CR8 to the north (long-term priority). Property on the west side will have access from a new
frontage road between CR 2 and CR 8, and east side properties will have access from CR 27.
CR 6 - This four-legged intersection is currently unsignalized (see Figure A-6). It will be
signalized when it is warranted for traffic or safety reasons (high priority). The intersection has
a fifth approach (northeast leg) which serves a small residential area. This approach will need
to be relocated to the east away from the intersection before it is signalized. Sufficient right-
of-way should be reserved at this intersection so that an interchange can be built in the future
(long-term priority). A diamond configuration has been illustrated (see Figure A-6). Weld
County must make auxiliary lane improvements on CR 27 at CR 6 at the same time as adjacent
intersections on CR 27 are improved so large trucks can safely make turns.
• CR 6.25 - This is a "T" intersection which is currently unsignalized (see Figure A-6). A
residence on the west side of US 85 has access at the intersection. As soon as possible, this
intersection will be modified to a RIRO by closing the median (high priority). Weld County must
make auxiliary lane improvements on CR 27 at CR 6.25 and adjacent intersections so large
trucks can safely make turns. Ultimately, this intersection will be closed (long-term priority)
when an interchange is built at CR 6. At that time, property on the west side will have access
from a new frontage road between CR 2 and CR 8, and east side properties will have access
from CR 27.
CR 8 -This four-legged intersection is currently unsignalized (see Figure A-6). The intersection
will be converted to a 3/4 configuration (medium priority) in the future to address safety or
traffic volume problems (as stipulated in the Design Guidelines). Weld County must make
auxiliary lane improvements on CR 27 at CR 8 and adjacent intersections so large trucks can
safely make turns. Sufficient right-of-way should be reserved so that an interchange can be
built ultimately (long-term priority). A diamond configuration has been illustrated (see Figure
A-6).
Rural Accesses - In this section, there are a total of eight minor access points which serve
fields and residences. Their median openings will be closed (except where the same owner has
property on both sides of US 85) when adequate auxiliary lanes have been provided at the
intersections to the north and south.
•
Felsburg Holt& U/levig Page 38
• a
Weld County Referral
' Weld County Planning Departmerfctober 3, 2008
GREELEY OFFICE
C. OCT 17(111R
COLORADO y ` VED
The Weld County Department of Planning Services has received the following item for review:
Applicant Vestas Wind Systems NS Case Number USR-1676
Please Reply By November 3, 2008 Planner Kim Ogle
Project 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)in the A(Agricultural)Zone District.
Legal 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, T1 N, R66W of the 6th P.M.,Weld County, (
Colorado.
• Location South of and adjacent to CR 6; East of CR 27; 0.25 miles north of CR 4, generally
East of and adjacent to the Union Pacific Railroad.
Parcel Number 1471 29 200117, 1471 29 000100, & 1471 29 300002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
LI We have reviewed the request and find no conflicts with our interests.
See attached letter.
Comments: .5CL 4iri c,i to
Signature / .. . /� Date /a/ac�/fig
• Agency Ate- fl/ vrd/ ac.. P.gOi Ltr i�//O
4•Weld County Planning Dept. 4918 10'"Street,Greeley.CO.80631 4•(970)353-6100 ext.3540 •?(970)304-6498 fax
Ft Luton
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/LINN 1121 DENVER AVE. EMERGENCY 911
'4� FT. LUPTON, CO 80621 OFFICE 303-857-4603
"IRE DEPS
October 29, 2008
Weld County Planning Services
Attn: Kim Ogle
Planning Manager
918 10th Street
Greeley, CO 80631
Dear Mr. Ogle,
The purpose of this letter is in response to the Weld County Referral for the Vestas Wind
• Systems development plan. I want to make it clear that we are in support of the proposed
development of the property identified in the legal description. However, there are
several concerns that need to be brought to the attention of planning services.
This project does not fall within our fire district however; it is located on the border,
which runs east and west on the centerline of WCR 6. We believe that this project will
have several impacts on the Fort Lupton Fire Protection District. There is concern of
increased traffic on both County Road 6 and County Road 27 and any delays in service
that could arise or additional traffic related problems. We were not provided with any sort
of traffic study or improvement plan and wonder how it fits with the transportation plan
for the City of Fort Lupton.
We also have an agreement to provide mutual aid for this area and I am sure there will be
an impact increasing our total call load due to this facility, both directly and indirectly.
Although these concerns may seem inconsequential, they are of concern when there is an
impact that relates to fire and emergency services and providing an increased service
without an equal distribution of costs. Our taxpaying community will have to absorb an
increased demand created by this project and could experience increased risks.
Lastly, we are also concerned with the growth pattern and the City of Brighton
continuing to extend northerly and eventually annex land within the Fort Lupton Fire
Protection District. I understand that with the extension of the water and sewer for this
project, the City of Brighton may try to provide services to Sierra Vista Trailer Park
• located at WCR 6 and Highway 85. Due to territorial provisions, this property would
Sr 4 et/itw tthe rte ion, qe clea D-"- »
•
• have to be annexed within the City of Brighton for these services, which removes the
property from the Fort Lupton Fire Protection District. We are concerned with this type
of growth and these types of cascading effects with this project that affect other agencies.
The Fort Lupton Fire Protection District would hope that all factors and impacts are
considered in these types of matters.
Sincerely,
Phil Tiffa
Fire Chief
•
•
MEMORANDUM
• TO: Kim Ogle, Planning Services DATE: October 29, 2008
FROM: Donald Carroll, Engineering Administrator
SUBJECT: USR-1676, Vestas Wind Systems A/S
The Weld County Public Works Department has reviewed this proposal. This project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section
23. Our comments and requirements are as follows:
COMMENTS:
Weld County Road Classification Plan (FHU): (June 2002) WCR 6 is a local gravel road, which has been
treated with dust suppressant chemicals (full depth stabilization). WCR 6 has an existing 60 feet right-of-way
at full build out. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line.
WCR 4 is a collector road and requires an 80-foot right-of-way at full build out. There is presently a 60-foot
right-of-way. This road is maintained by Weld County. Pursuant to the definition of SETBACK in the Weld
County Zoning (23-1-90), the required setback is measured from the future right-of-way line.
aNd County Road Classification Plan (FHU): (June 2002) WCR 27 is a major arterial road, which requires
40-foot right-of-way at full build out. There is presently a 60-foot right-of-way. This road is maintained by
Weld County. Pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required
setback is measured from the future right-of-way line.
Our most recent traffic counts for WCR 6, a base stabilized road, which has been dust treated, has an ADT
count of 220 taken in 2007. WCR 4, a collector status road, has a count of 885 taken in 2007, and WCR 27,
an arterial status road, has counts between 3200 and 3300 taken in 2007.
REQUIREMENTS:
Agreements: The applicant shall enter into a Long-Term Maintenance and Improvements Agreement, which
is transferrable if the site is annexed.
Upgrade and Paving WCR 6: WCR 6 shall be upgraded and paved from WCR 27 to the east boundary line
of the property. A portion of WCR 6 east of U.S. Highway 85 has been annexed by the Town of Ft. Lupton.
The entire stretch of WCR 6 east of U. S. Highway 85 to the site shall be designated as the main access route
for heavy truck traffic.
The applicant shall provide construction drawings for the upgrade and paving of WCR 6 including cross
sections, plan & profile, grades, depth of asphalt or concrete with adequate turning lanes at appropriate access
points. Any issue of concerns must be resolved with the Public Works Department prior to accepting the road
construction plans.
jimEeleration Lane, WCR 6: Public Works recommends that a deceleration lane shall be incorporated to
lifommodate right turning vehicle movements at all accesses locations.
WCR 4:
The Long-Term Maintenance and Improvements Agreement includes maintenance on WCR 4 from U. S.
Highway 85 to the south employee access entrance and is designated the your employee access route. WCR
Will be evaluated for additional paving requirements.
General upgrades and maintenance will include the affected intersections, railroad crossings, and access
points to the facility.
Railroad Crossings: There is existing and proposed railroad crossings for WCRs 4 and 6 for this project.
The Union Pacific Railroad has jurisdiction of new and existing railroad crossings; contact the railroad for any
additional requirements that may be necessary to obtain, upgrade, or apply for crossing arms associated with
this location.
Access: The applicant is proposing five access points on WCR 6 and one employee access point on WCR 4.
West Access: 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.
Main Access: The Main access shall accommodate two-way traffic ingress/egress to the northeast parking
lots adjacent to the blade production facility.
Multi-Access: 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.
T uck Access: The truck access is being identified as a asphalt surface, two-way 20-foot in width and
des a staging area located at the south end of the facility. A truck turning radius template is required to
a commodate WB-67 trucks shall be placed on the plat at the truck access to verify that there is adequate
turning radius.
Intersection Details: The applicant needs to clarify traffic direction, turning movements, dimensions, internal
road width, incorporate in deceleration lanes/right-turn lanes, show appropriate striping, label one-way or two-
way access points, show more detail on the multi-access and the south employee access configurations.
Signs: Stop signs, painted stop bars, yield signs, appropriate one-way signs, truck route signs, employee
route signs shall be placed in the appropriate locations.
Parking Lots: 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 placed on the plat
drawing.
Traffic Study: The following items have been identified with the traffic analysis by Janet Carter, Weld County
Public Works Traffic Engineer, listing seven items individually:
1. The Traffic Study needs to be stamped, signed and dated by a licensed engineer registered in the state
of Colorado.
2. A Turn Lane Warrant Analysis needs to be included within the Traffic Study in accordance with the
CDOT Access Code. Please include storage capacity and lengths for turn lanes in the analysis.
3. The Signal Warrant Analysis within the Traffic Study was incomplete and didn't include all of the signal
• warrants for the intersections in accordance with the MUTCD.
4. Please include an Analysis of Sight Distance and include a site plan within the Traffic Study.
5. Please identify safe routes for pedestrians, bicycle, and transit accesses within the Traffic Study.
6. Please include a comprehensive plan for future turn movements and traffic volumes in the Traffic
• Study.
7. Weld County is willing to sponsor the Project Applicant to amend the US 85 Access Control plan if the
applicant would like to amend the current plan to allow for full movement onto US 85.
Storm Water Drainage: Attached is the storm water drainage comments provided by Don Dunker/Clay
Kimmi, Weld County Public Works Drainage Division.
Enclosures
pc: USR-1676 file
M:\PLANNING-DEVELOPMENT REVIEW\USR-Use by Special Review\USR-1676.doc
•
•
Page 1 of 1
Kim Ogle
From: Janet Carter
Sent: Monday, November 03, 2008 11:27 AM
To: Kim Ogle
Subject: Vestas
Importance: Low
Hi Kim,
Here are my comments for Vestas, to add to Don's Comments. If you have any questions or need anything
else let me know.
1. The Traffic Study needs to be stamped, signed and dated by a licensed engineer registered in the state of
Colorado.
2. A Turn Lane Warrant Analysis needs to be included within the Traffic Study in accordance with the CDOT
Access Code. Please include storage capacity and lengths for turn lanes in the analysis.
3. The Signal Warrant Analysis within the Traffic Study was incomplete and didn't include all of the signal
warrants for the intersections in accordance with the MUTCD.
4. Please include an Analysis of Sight Distance and include a site plan within the Traffic Study.
• 5. Please identify safe routes for pedestrians, bicycle, and transit accesses within the Traffic Study.
6. Please include a comprehensive plan for future turn movements and traffic volumes in the Traffic Study.
Thanks,
Janet L Carter
Traffic Engineer
Weld County Public Works Dept.
P.O. Box 758, Greeley, CO 80632
Tele-970.356.4000 ext 3726
Fax- 970.304.6497
•
11/03/2008
• Weld County Referral
1 js ctober 3, 2008
�I I'
C. 6
I
COLORADO L. - -
ni-PT
The Weld County Department of Planning-gervibes ras feueiveJ-t ng item for review:
Applicant Vestas Wind Systems A/S Case Number USR-1676
Please Reply By November 3, 2008 Planner Kim Ogle
Project 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) in the A (Agricultural)Zone District.
Legal 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, TIN, R66W of the 6th P.M., Weld County,
Colorado.
• Location South of and adjacent to CR 6; East of CR 27; 0.25 miles north of CR 4, generally •
East of and adjacent to the Union Pacific Railroad.
Parcel Number 1471 29 200117, 1471 29 000100, & 1471 29 300002
The application is submitted to you for review and recommendation. Any comments or recommendation you
consider relevant to this request would be appreciated. Please reply by the above listed date so that we may
give full consideration to your recommendation. Any response not received before or on this date may be
deemed to be a positive response to the Department of Planning Services. If you have any further questions
regarding the application, please call the Planner associated with the request. Please note that new
information may be added to applications under review during the review process. If you desire to
examine or obtain this additional information, please call the Department of Planning Services.
You will be notified in writing of the Planning Commission date once the date is determined.
❑ We have reviewed the request and find that it does/does not comply with our Comprehensive Plan
because
❑ We have reviewed the request and find no conflicts with our interests.
❑ See attached letter.
Comments:
• Signature Ze Date /SO
Agency 7i cc 7
❖Weld County Planning Dept. ❖918 10'"Street, Greeley,CO.80631 ❖(970)353-6100 ext.3540 +(970)304-6498 fax
Weld County Planning Department
GREELEY OFFICE
Low Nov n4 7nnA
EMORANDUM
TO: Kim Ogle, Planning Services DATE: November 3, 2008
CFROM: Don Dunker, P.E., Public Works /
COLORADO SUBJECT: USR-1676, Vestas Wind Systems NS
The Weld County Public Works Department has reviewed this proposal; this project falls primarily under the
purview of the Use by Special Review Standards, Weld County Code, Chapter 23, Article II, Division 4, Section
23. Our comments and requirements are as follows:
COMMENTS:
Weld County Public Works received a Preliminary Drainage Report for the Vestas Wind Systems A/S project
October 6, 2008 located at CR-27 and CR-6. It was prepared by Nolte Associates, Inc., Rick Rome,
Registered Professional Engineer State of Colorado, stamp number 35103. The report was not stamped and
signed.
All storm water detention facilities shall be designed to detain the storm water runoff from the fully developed
• R from a one-hundred-year storm and release the detained water at a rate not to exceed the rate of a five-
• ar storm falling on the undeveloped site. (Weld County Code Ordinances 2001-1; 2003-10, and 2006-7). All
storm water must be detained on site and follow the requirements per Weld County Code 24-7-130 D and
Ordinance 2006-7. The applicant shall also provide Water Quality Capture Volume included within the
detention requirement. The detention pond shall capture all impervious areas, buildings, parking lots etc.
delineated as part of this USR storm water runoff. It shall be located to gravity flow into the County borrow
ditch, it shall be properly protected to prevent erosion and failure. It is acceptable for the applicant to propose
a retention design should a detention design not be feasible for the site. A letter stating the reasons for the
retention design shall be addressed to the County Engineer, Dave Bauer, P.E., as discussed at the Pre-
applications meeting, his acceptance is required.
REQUIREMENTS:
Storm Water Drainage:
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.
Please address and update all items within the Preliminary Drainage report that state a more thorough analysis
will be provided as part of the Final Drainage Study. An example of this occurs Sections; III B. Hydrological
Criteria, Ill C. Hydraulic Criteria, IV. Drainage Facility Design A. General Concept and IV. Drainage Facility B.
Specific Details.
aglease include pages from the Geotechnical Report that support the fact that ground water is 12' to 15' deep
d the retention ponds will drain within 72 hours to comply with Colorado water rights law. Please provide the
results of a percolation test.
•
xplain in more detail the railroad acting as a dam indicate where the nearest culvert is located to drain the
rm water flows.
Explain in more detail the increase in the time of concentration and slope for the 5.539 square mile as opposed
to the 3.119 square mile basin show the Tc paths on the maps.
Include the plugging factor information and other speciations for the CDOT inlets being used at the project
within the Drainage Report.
The Historic CUHP and Historic Time of Concentration table do not use the same impervious percentage
please keep them the same for consistency.
Per the Weld County Code 1.1.2 Headwater, provide Headwater calculations for all proposed culverts. Please
show the hydraulic grade line through all culverts.
Please provide bedding material calculations and geo-fabric calculations used under the proposed riprap per
HEC-15.
Please include Emergency Spillway Calculations for both ponds. Please show the location of each spillway on
the Drainage Plan.
Please address all the reline comments within the Drainage Report and Drainage Plan. Return the redlines
upon resubmittal.
The Final Drainage Report must be signed, dated, and stamped by a professional engineer licensed to practice
lithe State of Colorado.
Geotechnical Report:
Preliminary Geotechnical Evaluation was completed by Ground Engineering Consultants, Inc., dated June 10,
2008. The report was stamped, signed, and dated by a professional engineer license in the State of Colorado,
James B. Kowalsky, P.E., stamp number 27680. A final report shall be submitted and stamped, signed, and
dated by a professional engineer license in the State of Colorado.
The Geotechnical Evaluation indicated that the on 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.
The 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 rights law please include this information
within the final report.
Please provide three 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.
USR-1676
Applicant's Engineer—Nolte Associates, Inc.—8000 S.Chester Street,Suite 200—Centennial,Colorado 80112
Wail: Kim Ogle,Planning Services
M:\PLANNING-DEVELOPMENT REVIEIMUSR-Use by Special Review\USR-1676,Vestas\USR-1676-drainage.DOC
2
WELD COUNTY ROAD ACCESS INFORMATION SHEET
Weld County Department of Public Works
111 H St PO Box 758 Greeley CO 80632
.
Phone: (970)356-4000 x3750 Fax: (970)304-6497
Road File#: Date:
RE#: Other Case#:
1. Applicant Name Vestas Wind Systems NS, Kjaer Jakobsen Phone
Address 9355 Eastman Park Drive City Windsor State CO zip 80550
2. Address or Location of Access
Section 29 Township 1N Range 66W Subdivision Block Lot Weld_
County Road#: 6 Side of Road South Distance from nearest intersection 112 mile East of CR 27
3. Is there an existing access to the property? Yes X No #of Accesses 1
4. Proposed Use:
❑ Permanent ❑Residential/Agricultural ® Industrial
❑ Temporary ❑Subdivision ❑Commercial ❑Other
J
5. Site Sketch a
a
Legend for Access Description:
AG = Agricultural
RES = Residential
O&G = Oil&Gas G R6
R.R. = Ditch Road r 000�
= House -( ft
°S = Shed
= Proposed Access \-) 1
A = Existing Access
t
I
♦ a
G.
*************************************** Al
tie 40.s..t�
OFFICE USE ONLY: ACCAOSS A.4.4
Road ADT_ Date Accidents 7b ��,,...,� Date
Road ADT Date Accidents Date
Drainage Requirement Culvert Size Length
Special Conditions_ •
❑ Installation Authorized ❑ Information Insufficient
Reviewed By: Title:
•
APPLICATIONkASSISTANCE AND OFFICE LOCATIONS
-6-
CITY OF Community Development
BRIGHTON 22 South 4th Avenue
Brighton, Colorado 80601
303-655-2069 (Phone nod Fm-unite)
wirre.brighfohco._•
November 3, 2008
Kim Ogle, Planning Manager
Weld County Planning Department
918 10th Street
Greeley, CO 80631
Re: Weld County Referral(Case Number USR-1676)
Dear Mr. Ogle:
Thank you for the opportunity to review the referenced project referral for the proposed
Vestas Blade and Nacelle Campus. 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 in
order to alleviate concerns that other reviewing agencies may have regarding the same.
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 into the City of Brighton, zoned with an I-2 (Heavy Industrial)
zone district designation and shall thereafter be properly subdivided. At this point in time,
. the City of Brighton intends the annexation and zoning to be complete by August of 2009.
Along with this, the city shall have the proper infrastructure (i.e., water, sewer, roadways)
in place in order for Vestas facility to be operational in September 2009.
Currently, the plan is for the city to annex: County Road 27 (north from existing city
limits to County Road 6); County Road 4 (east of County Road 27 to the County Road
27.3 alignment); and County Road 6 (east of US-85 to the eastern most point of the Vestas
Campus) in order to construct these roadways in order to meet the traffic demands and
type of vehicles that will be going into and coming out of the Vestas facility.
It is the city's understanding that there is sixty feet(60') of right-of-way currently
available for County Road 6. In order for the city to construct the proper roadway to meet
Vestas needs, the city will need an additional ten feet(10') of right-of-way on the south
side of County Road 6 in order to construct a three lane road (one lane of traffic in each
direction with a turn lane down the center). This roadway, along with County Road 4, is
being financed by the City of Brighton through a portion of the sale proceeds from the
land and via grants currently being requested through DOLA and EDA.
In regards to comments as it relates to the referral documents, various City of Brighton
staff members attended two neighborhood meetings (held on September 29, 2008 and
October 15, 2008) and listened to surrounding property owners' voice their concerns
regarding noise, light, and traffic issues as it relates to development of the Vestas Campus.
As the Vestas properties will be annexed into the city in the near future, we wish to be
Administration • Building Division • Code Enforcement • Engineering Division • Planning Division
Our Mission...
Integrity - Vision - Stewardship = A Progressive Community
• conscientious of the neighbors' concerns and would ask that the County require
appropriate berming and landscaping along the eastern edge of the property to mitigate
their concerns.
Further, the proposed site plan delineates a roadway from the Vestas Campus south to
County Road 4 utilizing the County Road 27.3 alignment; however, it should be noted that
the City is looking at several alternative alignments in order to facilitate this access which
is intended as supplementary to the Rd. 6 access and will only be utilized for employees
and not for large truck traffic.
In addition to these comments, I have attached city regulations relating to the proposed 1-2
zoning district, as well as our landscaping and fencing standards for your reference.
Again, thank you for the opportunity to review this project. Please do not hesitate to
contact me at (303) 655-2021 (or via e-mail at mfalconburg@brightonco.gov), should you
require additional or more detailed information concerning this response.
Cordially,
Marvin Falconburg, P
• Community Development Director
•
SECTION 4.13
13. 1-2 - HEAVY INDUSTRIAL. A heavy industrial district designed to accommodate various
•
industrial enterprises using the broadest scope of the industries and their employees. Land within this
category must have access, parking, loading, fencing, and storage area commensurate with the use. In
cases where the intended use may be hazardous or obnoxious to employees, the surrounding areas and
uses, and/or environment, use of land and structure shall be restricted to protect the surrounding area and
public health, safety, and general welfare.
a. Minimum Area of Lot I acre
b. Minimum Width of Lot at the Building Line 125 ft.
c. Minimum Building Setback
(1) Front 50 R.
(2) Side 15 ft. one side
5 ft. one side
Four-hour rated construction 0 ft. one side, 15 ft. other side
Abutting residential district 35 ft.
(3) Rear 15 ft.
Abutting residential district 35 ft.
d. Maximum Building Height 75 ft.
e. Storage
Outside storage of materials shall be enclosed and concealed by a six- to eight-
foot (6' - 8') closed fence. When abutting a residential zone district, such fence
shall be wooden, masonry or hedge.
• Outdoor storage, applicable to the construction of a structure(s) on the site and
not as the primary use, may be allowed on the property only during the time of
construction. Outdoor storage applicable to the use of the structure(s) can only
be on the site after the completion of the structure(s) subject to a valid building
permit for such construction and the above screening requirements.
f. Parking
See Section V— DEVELOPMENT STANDARDS, Sub-section 1,, titled "Parking
Requirements."
g. Landscaping
A minimum of twenty-five feet(25')average abutting any street(fifteen feet(15')
minimum) shall be landscaped. In addition, side and rear setbacks if directly
abutting a residential or mobile home district shall be landscaped. See Section V
—DEVELOPMENT STANDARDS, Sub-section E, titled "Landscaping."
• City of Brighton
Zoning Regulations
Section 4.13—1-2
• SECTION V
DEVELOPMENT STANDARDS
C. FENCE AND SIGHT TRIANGLES
1. Purpose. The purpose of this section is to regulate the installation of fences, hedges,
landscape materials, walls and any similar screening methods to provide safety and
security as well as visual barriers, while minimizing the impacts that result from fence
location and height. A fence, hedge, landscape material, wall and any similar screening
method which includes retaining walls,columns, posts, piers, or similar structures, or any
combination of such structures, is permitted if it meets the standards of this section.
2. Permit and Fee Required. No person, firm, or corporation shall construct, establish, or
build or cause to be constructed, established or built, a fence, wall or other similar
structure unless a separate permit for each such fence, wall or similar structure has first
been obtained from the Chief Building Official. The fee for this permit shall be
established annually by resolution of the City Council.
Major fence or wall replacement or repair requires a building permit; however, if the total
amount of fence or wall to be replaced or repaired is less than fifty percent (50%) of the
entire length of the existing fence or wall on the property, no permit will be required,
provided that the fence or wall repairs or replacement conform to this code.
3. Sight Triangles. A sight triangle shall be preserved in the area formed at a corner
• intersection of: public right-of-way and a driveway; alley and public right-of-way; and
the intersection of two public rights-of-way. The erection of any fence, wall, hedge, or
landscaping material over thirty inches (30") above the top of the curb which obstructs a
motor vehicle operator's view, shall not be permitted within the sight triangle as outlined
in Chart "A" — Sight Triangles. These sight triangles are measured from the point of
intersection of the curb returns of the intersecting streets, drives, or public rights-of-way.
Where no curb exists, the measurement of the sight triangles shall be made from the
intersection of the edge of pavement. Where pavement does not exist, the sight-triangle
shall be measured from the edge of the right-of-way. Where there is no curb, the height
of any fence, wall, hedge, or landscaping material shall be measured from the top of the
existing road surface nearest to the property line.
4. Fence, Wall, Hedge, Landscaping Material Maintenance. Dilapidated, dangerous
fences or walls, ones in disrepair, or fences or walls causing traffic sight hazards shall be
removed when so ordered by the Chief Building Official or his or her designee. Further,
any landscaping material encroaching into a sight triangle and causing traffic sight
hazards shall be removed when so ordered by the Chief Building Official or his or her
designee.
5. Prohibited Fences. No barbed wire fences or fences topped with barbed wire shall be
erected or maintained in any zone district except in Industrial, A/R
Agricultural/Residential, A/E Agricultural/Estate or Public Land Zone Districts. No
other type of sharp pointed fences or electrically charged fences shall be erected or
• Article 17-20. Development Standards(DRAFT)
Section V.F—
Fencing
• maintained in any part of the City, unless required for public safety purposes as
determined by the City.
6. Location on Property. All property lines shall be located in order to determine that no
fence, hedge, or wall extends beyond or across a property line, unless an agreement with
the abutting property owner is obtained. In some circumstances, a fence may be erected
so as to extend beyond the property line when permitted by the City on public easements
or across drainage ditches or swales subject to the following:
a. The fence must be constructed so as not to impede the flow of storm runoff.
b. The removal and/or replacement of such a fence for utility maintenance, public
improvements construction, or other purpose shall be the responsibility of the
property owner, not the City, unless otherwise provided in the public easement
documents.
7. General Fence and Wall Requirements. Fences, walls, or hedges used for any purpose
shall conform to the following:
a. Setbacks. No fence, wall, or hedge shall extend beyond the property line and shall
be maintained at a minimum setback of eighteen inches (18") from public sidewalks,
while preserving all sight triangles. Where public sidewalks exist, fences may
encroach into the public right-of-way up to the back of the public sidewalk with
Planning Department approval. However, if the sidewalk is repaired, the removal
and/or replacement of any fence placed within the setback area shall be the sole
• responsibility of the property owner.
b. Height Measurements. Generally, the height of a fence or wall shall be measured
from the finished grade directly beneath a fence or upon which a wall is located.
c. Fences on Retaining Walls. A fence located on a retaining wall shall not exceed a
combined height of six feet for residential districts and eight feet for commercial,
industrial, and public land districts.
d. Fences on Berms or Mounds. A fence or wall located on a berm or mound shall
include the height of the berm or mound directly beneath the fence and above natural
grade in the overall height measurement. The maximum total height for a fence or
wall on top of a berm or mound shall be six feet for residential districts and eight feet
for commercial, industrial,and public land districts.
e. Temporary Fences Required for Construction Sites When Adjacent to School
Land. A construction project that is commercial, industrial or governmental in
nature or the construction of a residential subdivision must ensure that school
children are not exposed to health and safety risks arising from construction work.
Therefore, all construction projects adjacent to school sites must provide the
following:
(1) Adequate perimeter fencing, at least six feet in height and no more than
• ten feet in height, is installed on the construction site before construction
work commences, and that it is maintained during the construction work;
and
(2) Signs are placed on each construction site, clearly visible from outside
the site, stating the names and contact telephone numbers of the persons
with control of the construction work, including an after-hours
emergency telephone number.
f. Fencing Around Athletic Facilities. Fencing around athletic facilities, shall be
allowed as follows:
(1) Tennis Courts. Maximum of twelve feet (12') in height so long as all
portions above seven feet (7') are constructed with at least fifty percent
non-opaque materials.
(2) Back Stop. Maximum of twenty feet(20') in height.
(3) Golf Range. Maximum of thirty feet(30') in height.
(4) Other. All other athletic facility fencing shall be no greater in height
than ten feet (10'), unless necessary for the general health, safety, and
property enjoyment of nearby residents, as determined by the
Community Development Director.
g. Fencing During Development.
(1) When construction extends beyond a six-month period from the date of
issuance of a building permit, a construction fence is required. For
• construction periods under six months, a fence may be erected at the
discretion of the developer or by order of the City in situations of
imminent danger.
(2) The fence shall be made of V-mesh or chain link, or other material
approved by the Chief Building Official, and shall be between six and
eight feet (6' — 8') in height. Gates into the fenced enclosure shall be
provided as required by the Greater Brighton Fire Protection District for
emergency access and the location of the gates shall be at the discretion
of the City. The fence shall be signed to indicate emergency access
routes and no trespassing.
8. Fencing Requirements by Type of Use.
a. Residential Fencing
(1) Front Yard. In the front yard, three feet (3') is the maximum height
allowed for solid fences, measured from the top of the adjacent curb or,
where no curb exists, the adjacent road surface. This height limitation
for fences in the front setback may be extended to a maximum of four
feet (4'), if fifty percent (50%) or more of the surface of the fence is
open.
•
• (2) Side Yard. The maximum height allowed for fences located behind the
front building line(excludes front porches)of a dwelling is six feet(6').
(3) Rear Yard. The maximum height allowed for fences located on the rear
lot line of a dwelling is six feet(6').
(4) Reverse Corner Lots. Reverse corner lots adjacent to street rights-of-
way shall be held to the fencing restrictions as demonstrated in Chart"B"
—Reverse Corner Lots. Fences will be allowed up to a maximum of six
feet (6') in height when located one-half(1/2) the distance between the
property line and the building setback; the area between the street and the
fence must be landscaped according to landscaping regulations for that
particular zone. Fences as set forth in Front Yards above, may be placed
up to eighteen inches(18")from public sidewalks within the side yard as
further demonstrated in Chart"B."
(5) Maximum Fence Height Exception. In the event that the Planning
Division or Building Division deem it necessary for the general health,
safety, and property enjoyment of citizens, an eight foot (8') fence may
be allowed to separate residential dwellings abutting commercial,
industrial, or other conflicting uses.
b. A/R Agricultural/Residential and A/E Agricultural/Estate Districts Fencing.
Perimeter lot line fencing shall consist of open fencing (wire mesh is allowed to
• be attached to open rail fencing). The maximum height of a privacy fence shall
be six feet (6'). Fencing consisting only of barbed wire and/or including low
voltage electrical strands is also permitted in these zone districts for the
confinement of livestock only. The maximum fence height may be increased at
the discretion of the Director for the containment of wildlife or livestock as may
be required by Colorado law.
c. Industrial Fencing.
(I) No fence of any type more than forty-two inches (42") in height shall be
permitted within any required landscaping area, nor shall any fence
enclose any landscape area or front setback area which prevents viewing
said areas.
(2) The maximum height of any fence within an industrial zone district is ten
feet (10'), which may include not more than four strands of barbed
provided the barbed wire is located not less than six feet (6') above the
ground and may be placed at not to exceed a forty-five (45°) angle from
vertical. Fencing consisting only of barbed wire is prohibited.
d. Commercial Fencing.
(I) No fence of any type more than thirty-six inches (36") in height shall be
•
• permitted within any required landscaping area, nor shall any fence
enclose any landscape area or front setback area which prevents viewing
said areas, except as may be permitted by the Commercial Design
Standards.
(2) Any fence in an interior side yard or rear yard shall not exceed eight feet
in height, except as may be permitted by the Commercial Design
Standards.
e. Flood Control Districts. No fence shall be permitted in floodway areas which
could impede the flow of flood waters, accumulate debris or which cannot be
anchored to prevent flotation,collapse or lateral movement during flood periods.
f. Public Land Districts. As of the effective date of this ordinance, any fence used
for safety or security purposes at any facility within a public land zone district
shall be subject to the review of the City and shall not exceed ten feet (10') in
height and shall be subject to the same requirements as those for industrial zone
districts.
•
•
• E. LANDSCAPING
General. The landscape and tree plan should indicate a well-designed treatment of
exterior spaces which measurably improves the overall quality of the project and must
provide an ample quantity and variety of ornamental or native plant species regarded as
suitable for Brighton's climate. Landscape treatment should include trees, shrubs and
other plant material with sufficient use of upright species for vertical control. Plant
material selections will be reviewed for adaptability to physical conditions and
arrangements indicated by site plan locations. Plans which display skimpy use of plant
material will not be approved. By the same token, utilizing existing natural landscaping
and trees is encouraged.
2. Requirements for Landscape Plan
a. Landscape Materials. Landscape materials shall be living trees, shrubs, vines,
flowers, grasses, and ground covers and may include water bodies, crushed rock,
sand,wood chips, landscape furniture, and ornamental pieces.
b. Landscape Plans. As part of a development application, landscape plans shall
be reviewed by the Planning Division who may seek advice from the Parks and
Recreation Department as to proper planting procedures and recommended
planting materials.
c. Extent and Location of All Plant Materials and Other Landscape Features.
• Plant material must be identified by direct labeling on the plan or by clearly
understandable legend. Flower and shrub bed definition must be clear and drawn
to scale with dimensions. Proposed plant material should be indicated at mature
sizes and in appropriate relation to scale. Species and size of existing plant
material (if any) is to be indicated. Proposed treatment of all ground surface
must be clearly indicated (paving, turf, gravel, etc). Sodding is required on
turfed areas with heavy public exposure.
d. Topographic or Grading Plan. Final topographic data, or a separate grading
plan may be required. Scale shall be adequate to show sufficient detail.
e. Location of Water Outlets. If areas of planting are extensive, plans for an
underground sprinkler system shall be required.
3. Properties Affected. The provisions of this section shall apply to the following:
a. All developments,except single-family detached dwelling units.
h. Additions or alterations to a present structure(s) or the erection or placement of
an additional structure or structures upon the lot or non-subdivided property
resulting in a percentage increase in the gross floor area exceeding fifty percent
(50%) of the present structure(s). All such additions, alterations, repairs, and
additional structures shall be considered cumulative in determining the
•
• percentage increase.
4. Additional Requirements
a. The following minimum plant sizes are required. (Proposed use of large, mature
size trees will be reviewed with favorable consideration.)
1) Standard deciduous trees—minimum 1'/x" caliper.
2) Small ornamental and flowering trees—minimum I%z" caliper.
3) Evergreen trees—5 feet to 6 feet height.
4) Shrubs—5 gallon container,
5) Perennials---- 1 gallon container.
b. Landscape improvements must be fully executed, inspected and approved prior
to the release of a Certificate of Occupancy. However, a bond may be posted for
the total cost of materials and installation in order to obtain a Certificate of
Occupancy.
c. Any plant material which fails to grow during the first two growing seasons must
be replaced with like material at the owner's expense.
• d. For industrial developments: one(1)tree shall be required for every five-hundred
(500) square feet of required landscape area and a minimum of thirty percent
(30%) of the landscape area shall be planted with living material. For residential
developments a minimum of thirty percent (30%) of landscaped area shall be
planted with living material. For new commercial developments, please refer to
the Commercial Design Standards for landscaping requirements.
e. Developers or builders shall be required to obtain the approval of the Planning
Division prior to removing any existing trees.
•
Weld County Planning Department
GREELEY OFFICE
NOV n 4 etrinP MEMORANDUM
• 6 AitotirECEIVED
TO: KIM OGLE,PLANNING SERVICES
FROM: LAUREN LIGHT, ENVIRONMENTAL HEALTH .
IlDSIJBJECT:USR-1676 VESTAS WIND SYSTEMS A/S
DATE: 11/03/2008
COLORADO
Environmental Health Services has reviewed this proposal for a wind turbine blade
manufacturing facility. Water and sewer will be provided by the City of Brighton, at the
time of annexation. An Air Pollutant Emission Notice (APEN) application has been
submitted and initial approval has been granted by the State under permit #08WE1007.
A dust abatement plan is required for the areas on the facility that will not be paved,
such as the outdoor storage area. A waste handling plan is required for the various
materials outlined in item 51B of the Use by Special Review Questionnaire.
We have no objections to the proposal; however, we do recommend that the following
• conditions be part of any approval:
We recommend that the following requirements be met prior to allowing the plat to be
recorded:
1. The applicant shall submit a dust abatement plan, for on site dust, for review and
approval, to the Environmental Health Services, Weld County Department of
Public Health & Environment.
2. 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. 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).
•
• We recommend that the following requirements be incorporated into the permit as
development standards:
1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and
Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
2. 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.
3. 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.
4. The applicant shall operate in accordance with the approved "waste handling
plan".
5. 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.
6. Fugitive dust and fugitive particulate emissions shall be controlled on this site.
The applicant shall operate in accordance with the approved "dust abatement
plan".
7. 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.
8. Adequate handwashing and toilet facilities shall be provided for employees and
patrons of the facility. (City of Brighton Sanitation)
9. A permanent, adequate water supply shall be provided for drinking and sanitary
purposes. (City of Brighton Water)
10.The applicant shall comply with all provisions of the Underground and Above
Ground Storage Tank Regulations (7 CCR 1101-14), if applicable.
11.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).
•
2
12.If applicable, the applicant shall obtain a stormwater discharge permit from the
•
Colorado Department of Public Health & Environment, Water Quality Control
Division.
13.The operation shall comply with all applicable rules and regulations of the State
and Federal agencies and the Weld County Code.
•
•
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