PLANNING COMMISSION REGULAR MEETING JANUARY 4, :00 P.M. Town Board Chambers 301 Walnut Street, Windsor, CO AGENDA

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1 PLANNING COMMISSION REGULAR MEETING JANUARY 4, :00 P.M. Town Board Chambers 301 Walnut Street, Windsor, CO The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call (970) by noon on the Thursday prior to the meeting to make arrangements. A. CALL TO ORDER 1. Roll Call AGENDA 2. Review of Agenda by the Planning Commission and Addition of Items of New Business to the Agenda for Consideration by the Planning Commission 3. Public Invited to be Heard Individuals wishing to participate in Public Invited to be Heard (non-agenda item) are requested to sign up on the form provided in the foyer of the Town Board Chambers. When you are recognized, step to the podium, state your name and address then speak to the Planning Commission. Individuals wishing to speak during the Public Invited to be Heard or during Public Hearing proceedings are encouraged to be prepared and individuals will be limited to three (3) minutes. Public comments are expected to be constructive. Written comments are welcome and should be given to the secretary prior to the start of the meeting. Written materials will not be accepted during the meeting in the interest of time. B. CONSENT CALENDAR* 1. Approval of the minutes of December 7, 2016 C. BOARD ACTION 1. Public Hearing Conditional Use Grant for extraction of solid materials for the purpose of constructing an irrigation pond for an existing tree farm Harmony Annexation 1 st and 2 nd John Warren, Connell Resources, applicant Quasi-judicial action Staff presentation: Carlin Barkeen, Chief Planner 2. Recommendation to Town Board Conditional Use Grant for extraction of solid materials for constructing an irrigation pond for an existing tree farm Harmony Annexation 1 st & 2 nd John Warren, Connell Resources, applicant Quasi-judicial action Staff presentation: Carlin Barkeen, Chief Planner 3. Public Hearing Annexation Petition to Annex and Zone certain Territory known as the South Gate 7 th Annexation to the Town of Windsor, Colorado VIMA Partners LLC, Owner/ Tom Siegel, VIMA Partners LLC, and John Meyers, TST Inc., Owner s Representatives

2 Planning Commission Agenda January 4, 2017 Page 2 of 3 Staff presentation: Josh Olhava, Senior Planner 4. Recommendation to Town Board Annexation Petition to Annex and Zone certain Territory known as the South Gate 7 th Annexation to the Town of Windsor, Colorado VIMA Partners LLC, Owner/ Tom Siegel, VIMA Partners LLC, and John Meyers, TST Inc., Owner s Representatives Legislative action Staff presentation: Josh Olhava, Senior Planner 5. Election of Officers (chairman, vice-chairman and secretary) for the 2017 calendar year Staff presentation: Scott Ballstadt, Director of Planning D. COMMUNICATIONS 1. Communications from the Planning Commission 2. Communications from the Town Board liaison 3. Communications from the staff E. ADJOURN * Please note that items on the Consent Calendar will not be discussed unless requested by the Planning Commissioners or by applicants who have business listed on the Consent Calendar. Upcoming Meeting Dates Wednesday, January 4, :00 P.M. Regular Planning Commission meeting** Monday, January 16, :00 P.M. Joint Work Session with Town Board: NFRMPO Update, Xcel Energy Avery Substation & Windsor- Severance IGA discussion update Wednesday, January 18, :00 P.M. Regular Planning Commission meeting** Monday, January 23, :00 P.M. Joint Work Session with Town Board: Roadway Master Plan kick-off meeting Wednesday, February 1, :00 P.M. Regular Planning Commission meeting** Wednesday, February 15, :00 P.M. Regular Planning Commission meeting**

3 Planning Commission Agenda January 4, 2017 Page 3 of 3 Wednesday, March 1, :00 P.M. Regular Planning Commission meeting** ** Does not include any Planning Commission work sessions which may be requested and may also be scheduled for these dates.

4 PLANNING COMMISSION REGULAR MEETING December 7, :00 P.M. Town Board Chambers 301 Walnut Street, Windsor, CO The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call (970) by noon on the Thursday prior to the meeting to make arrangements. A. CALL TO ORDER MINUTES 1. Roll Call Chairman Schick called the regular meeting of the Windsor Planning Commission to order at 7:02 p.m. The following Planning Commission members were present: Town Board Liaison Gale Schick Victor Tallon Doug Dennison Mike McWilliams Steve Scheffel Ron Harding Jerry Bushelman Ken Bennett Also Present: Director of Planning Scott Ballstadt Chief Planner Carlin Barkeen Customer Service Supervisor Jessica Scheopner 2. Review of Agenda by the Planning Commission and Addition of Items of New Business to the Agenda for Consideration by the Planning Commission Mr. Tallon moved to approve the agenda as presented; Mr. Harding seconded the motion. Roll call on the vote resulted as follows: Yeas Schick, Tallon, Dennison, McWilliams, Scheffel, Harding, Bushelman Nays None Motion carried. 3. Public Invited to be Heard Chairman Schick opened the meeting up for public comment to which there was none. B. CONSENT CALENDAR* 1. Approval of the minutes of November 16, 2016 Mr. Tallon moved to approve the consent calendar as presented; Mr. Harding seconded the motion. Roll call on the vote resulted as follows: Yeas Schick, Tallon, Dennison, McWilliams, Scheffel, Harding, Bushelman

5 Planning Commission Minutes December 7, 2016 Page 2 of 3 C. BOARD ACTION Nays None Motion carried. 1. Preliminary Major Subdivision Windshire Park Subdivision 5 th Filing Dino DiTullio, Westward Development, applicant/ Jim Birdsall and Aaron Olson, TB Group, applicant s representatives Quasi judicial action Staff presentation: Carlin Barkeen, Chief Planner Per Ms. Barkeen, the applicant, Mr. Dino DiTullio, represented by Mr. Jim Birdsall and Mr. Aaron Olson, has submitted a preliminary major subdivision plat, known as Windshire Park Subdivision 5th Filing. The subdivision encompasses approximately 38 acres and is zoned Residential Mixed Use (RMU). The plat includes the reconfiguration of roadways and approximately 117 singlefamily lots, previously platted as the Windshire Park Subdivision 3rd Filing. The application is consistent with various goals of the 2016 Comprehensive Plan as well as the Vision 2025 document. Ms. Barkeen recommended that the Planning Commission approve the preliminary major subdivision as presented, subject to the following condition: 1. All remaining Planning Commission and staff comments shall be addressed in the final major subdivision application. Ms. Barkeen requested the following be entered into the record: 1. Staff memorandum and supplemental materials 2. Recommendation The applicant, Mr. Jim Birdsall explained the plan in front of the Planning Commission is a replat of a final platted subdivision. The changes are on the northern triangle shaped portion of the subdivision. He explained the change includes the removal of some collector streets, reconfiguration of lots, and change of location of the park. The land use is still the same. Mr. Bushelman asked the reason for the change to the plat. Mr. Birdsall explained they needed to take in consideration the construction cost balanced against the number of lots. In addition, given the history of the property they tried to take a better look at the transportation and provide a connector to the west property to help serve it as well. Mr. Bushelman inquired why the club house is gone in the new plans. Mr. Birdsall explained that the original plan had a park with a shelter. The park has changed location and they are working through the process with the Town on what amenities will be included in the park including a potential shelter. A club house was never proposed.

6 Planning Commission Minutes December 7, 2016 Page 3 of 3 Mr. Scheffel asked if there will be townhouses included in this phase. Mr. Birdsall stated there are no townhouses in this phase. Mr. Tallon moved to approve the preliminary major subdivision as presented; Mr. Harding seconded the motion. Roll call on the vote resulted as follows: Yeas Schick, Tallon, Dennison, McWilliams, Scheffel, Harding, Bushelman Nays None Motion carried. D. COMMUNICATIONS 1. Communications from the Planning Commission None 2. Communications from the Town Board liaison None 3. Communications from the staff Carlin Barkeen updated the Commission on the Municipal Code update. She explained that development stakeholder interviews would be taking place over the next two weeks and that the interviews would be conducted by the planning consultant. Also, the consultant is currently putting together an audit of the existing code, identifying gaps in policies and standards as they relate to the goals of the Comprehensive Plan. E. ADJOURN Upon a motion duly made, the meeting was adjourned at 7:20 p.m. Jess Scheopner, Customer Service Supervisor

7 M E M O R A N D U M Date: January 4, 2017 To: Planning Commission Via: Scott Ballstadt, AICP, Director of Planning From: Carlin Barkeen, AICP, Chief Planner Subject: Public Hearing and Recommendation to Town Board Conditional Use Grant (CUG) for extraction of solid materials for the purpose of constructing an irrigation pond in the RMU (Residential Mixed Use) Zone District Harmony 1 st & 2 nd Annexation John Warren, applicant/representative, Connell Resources Location: East of Weld County Road 13 and South of Weld County Road 74/Harmony Road Item #: C.1.C.2 Background: The applicant, Connell Resources, has requested that the subject request for a Conditional Use Grant (CUG) for extraction of solid materials for the purpose of constructing an irrigation pond for an existing tree farm. A CUG is required for the open or surface mining operations for development or extraction of solid materials, per Section of the Town s Municipal Code. Section outlines the Intent of Conditional Use Grants. The CUG proposes an extraction period of 90 days during the construction of the irrigation pond. The applicant has proposed a hauling route to and from the subject property and Connell s existing facility, located south of Harmony Road and east of I-25. The ingress/egress point for the subject site would be located on Harmony Road, east of WCR 13, and a temporary traffic signal would be located at the subject access point to assist with truck movement. Please see the enclosed hauling plan. The applicant requests further discussion regarding staff s proposed condition of approval regarding the breaks in hauling periods during the peak traffic hours on Harmony Road. Staff has included this proposed condition to minimize extended delays and traffic congestion during rush hour. Conformance with Comprehensive Plan: The proposed use is not specifically addressed in the Comprehensive Plan. Conformance with Vision 2025: Temporary extraction of solid materials is not addressed in the elements of the Vision 2025 document. Recommendation: Staff recommends that the Planning Commission forward a recommendation of approval for the excavation of solid material for a 120- day period, to the Town Board, subject to the following conditions: 1. The applicant provide a traffic control plan; and 2. Hauling shall discontinue on weekdays between the hours of 7:00-8:30 a.m. and 4:30-6:00 p.m.

8 January 4, 2017 Planning Commission memo Harmony 1 st & 2 nd Annexation CUG Notification: December 19, 2016 Conditional Use Grant Sign Posted on the Property December 23, 2016 Public Hearing Legal Ad Published December 19, 2016 Affidavit of Mailing to property owners within 100 feet Enclosures: Application Materials Staff PowerPoint Page 2 of 2

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11 General Notes 1. Temporary traffic signal to be installed and remain in place for duration of work. Haul Times: 8:00am-4:30pm Mon-Fri 7:00am-5:00pm Sat (If Neccessary) No Work on Sunday Daylight Operations Only 2. N Haul Route and Direction Of Travel Temporary VTC and 50' Base Course at Entrance WCR 13 Harmony Road File: s:\autocad\auto cad current\h jobs\harmony gardens\harmony gardens irrigation storage_rev.1_ dwg Plotted By: lisa kelly 12/13/2016 3:28 PM File Created: 12/12/2016 3:57 PM File Last Saved: 12/13/2016 8:51 AM Haul Route and Direction Of Travel Approximate Location of Existing Water Line Temporary Traffic Signal See Note 1. Storage Pond Approximately 9.9 Acres Approximate Location of Existing Gas Line No. Revision Date CONNELL RESOURCES, INC Highland Meadows Parkway, Suite 100 Fort Collins, Co PHONE: FAX: Project Name and Address: Harmony Gardens Windsor, CO Project: Harmony Gardens Irrigation Storage Date: December 13, Sheet Number: Number of Sheets: 1 Background Image: 2016 Google Image Date: 9/7/16 1" = 1500' 1

12 Carlin Barkeen, AICP, Chief Planner January 4, Planning Commission

13 Article VIII of Chapter 16 of the Municipal Code outlines the intent of the Conditional Use Grant process, including: Sec Purpose. The conditional use classification is intended to allow consideration of uses which are unique in nature or character and, except as otherwise specifically provided in this Chapter, not specifically included as uses by right in any specific zoning districts. It is the specific intent of this Article, except as otherwise specifically provided in this Chapter, to prohibit the granting of conditional uses in any zone when such use is allowed as a use by right in any other zone.

14 Site Location Harmony Road WCR 13

15 Harmony Road Site Location Harmony Road WCR 13 WCR 13

16 Site WCR 13 Site

17 pond location

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19 Notification: Notifications for this meeting were as follows: December 19, affidavit of letters mailed to the adjacent property owners December 19, property posted with a notification sign December 19, legal notice posted on the Town of Windsor website December 23, legal ad published in the Tribune

20 Staff recommends that the Planning Commission forward to the Town Board a recommendation of approval of the conditional use grant with the following conditions: 1. The applicant provide a traffic control plan; and 2. Hauling shall discontinue on weekdays between the hours of 7:00-8:30 a.m. and 4:30-6:00 p.m.

21 Staff requests that the following be entered into the record: Application and supplemental materials Staff memorandum and supporting documents All testimony presented during the Public Hearing Recommendation

22 M E M O R A N D U M Date: January 4, 2017 To: Planning Commission Via: Scott Ballstadt, AICP, Director of Planning From: Josh Olhava, AICP, Senior Planner Subject: Public Hearing and Recommendation to Town Board Annexation Petition to Annex and Zone certain Territory known as the South Gate 7th Annexation to the Town of Windsor, Colorado VIMA Partners LLC, Owner/ Tom Siegel, VIMA Partners LLC, and John Meyers, TST Inc., Owner s Representatives Location: Southeast of the Crossroads Boulevard and 7 th Street roundabout; south of the South Hill Subdivision; and north of the Trautman Subdivision 2 nd Filing Item #: C.3.C.4 Background: The applicant, represented by Mr. Tom Siegel and Mr. John Meyers, are requesting to annex approximately 3.98 acres to the Town of Windsor. The property is surrounded by areas already annexed to the Town of Windsor. The applicant is working on plans for this site and the northern portion of Trautman Subdivision 2 nd Filing. This site is being planned for the new location of Timberline Church, currently located at the intersection of Crossroads Boulevard and New Liberty Road in the Water Valley South Subdivision. The Land Use Plan of the 2016 Comprehensive Plan identifies this property as Estate Residential since it is adjacent to the platted Trautman Subdivision 2 nd Filing. The area north of the subject property and north of Crossroads Boulevard, known as the South Hill Subdivision, is identified as General Commercial and Multi-family. The Comprehensive Plan identifies Crossroads Boulevard as a major east/west arterial and a future transit corridor that will include a mix of land uses. The applicant held a neighborhood meeting on November 3, No one attended the meeting to discuss the annexation. A couple, new to Windsor, came to the meeting to find out more about the area where the annexation is occurring, but did not have any specific questions or concerns about the annexation. Conformance with Comprehensive Plan: The application is consistent with the following goals and objectives of the 2016 Comprehensive Plan: Chapter 5b - Growth Framework Goal: Maintain the character of the community while accommodating future growth that is fiscally and environmentally responsible. Objective: 1. Prioritize new growth in areas currently served by Town infrastructure and services.

23 January 4, 2017 Planning Commission memo South Gate 7 th Annexation PH and Recommendation Conformance with Vision 2025: The application is consistent with Growth and Land Use Management elements of the Vision 2025 document. Recommendation: Staff recommends that the Planning Commission forward a recommendation of approval of the South Gate 7 th Annexation and Zoning designation to the Town Board, as presented. Notification: The following notifications were completed in accordance with the Municipal Code: Public Hearing notifications for Planning Commission and Town Board public hearings were as follows: Dec. 5, 2016 staff mailed Certified Packets to relevant taxing districts Dec 5, 2016 staff submitted legal ad to the newspaper to run for 4 consecutive weeks o Dec. 9, 2016 first week legal ad o Dec. 16, 2016 second week legal ad o Dec. 23, 2016 third week legal ad o Dec. 30, 2016 fourth week legal ad Dec. 8, 2016 public hearing notice published on the Town website Dec. 8, 2016 large annexation sign posted on the property Dec. 22, 2016 applicant mailed letters to surrounding property owners Enclosures: South Gate 7 th Annexation Plat Staff PowerPoint pc: Martin Lind, VIMA Partners LLC., applicant Tom Siegel, VIMA Partners LLC., applicant s representative John Meyers, TST Inc., applicant s representative Page 2 of 2

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26 Josh Olhava, AICP, Senior Planner January 4, Planning Commission

27 Article I of Chapter 15 of the Municipal Code outlines the purpose and procedures of the Annexation process, including: Sec Purpose. The purpose of this Article is to establish a procedure to bring land under the jurisdiction of the Town in compliance with the Colorado Municipal Annexation Act of 1965, as amended.

28 Crossroads Blvd Site Location 7th St

29 Crossroads Blvd Site Location Proposed Zoning General Commercial (GC)

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32 Subject Property

33 Public Hearing notifications for Planning Commission and Town Board public hearings were as follows: Dec. 5, 2016 staff mailed Certified Packets to relevant taxing districts Dec. 5, 2016 staff submitted legal ad to the newspaper to run for 4 consecutive weeks Dec. 9, 2016 first week legal ad Dec. 16, 2016 second week legal ad Dec. 23, 2016 third week legal ad Dec. 30, 2016 fourth week legal ad Dec. 8, 2016 public hearing notice published on the Town website Dec. 8, 2016 large annexation sign posted on the property Dec. 22, 2016 applicant mailed letters to surrounding property owners

34 Staff recommends that Planning Commission forward a recommendation of approval of the South Gate 7 th Annexation and Zoning designation to the Town Board, as presented.

35 Staff requests that the following be entered into the record: Application and supplemental materials Staff memorandum and supporting documents All testimony presented during the Public Hearing Recommendation

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