AGENDA - Town of Windsor

TOWN BOARD REGULAR MEETINGMarch 11, 2019 - 7:00 PM

Town Board Chambers, 301 Walnut Street, Windsor, CO 80550

AGENDAA. CALL TO ORDER

1. Roll Call

2. Pledge of Allegiance

3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda forConsideration

4. Presentation

• Windsor Police Department Awards Presentation

5. Board Liaison Reports

• Town Board Member Baker - Tree Board, Historic Preservation Commission

• Town Board Member Wilson - Parks, Recreation and Culture Advisory Board; PoudreRiver Trail Corridor

• Mayor Pro Tem Bennett - Water and Sewer Board

• Town Board Member Rennemeyer - Chamber of Commerce

• Town Board Member Jones - Windsor Housing Authority; Great Western Trail Authority

• Town Board Member Sislowski - Clearview Library Board; Planning Commission

• Mayor Melendez - Downtown Development Authority; North Front Range/MPO

6. Public Invited to be Heard

Individuals wishing to participate in Public Invited to be Heard (non-agenda item) are requested to signup on the form provided in the foyer of the Town Board Chambers. When you are recognized, step tothe podium, state your name and address then speak to the Town Board. Individuals wishing to speak during the Public Invited to be Heard or during Public Hearing proceedingsare encouraged to be prepared and individuals will be limited to three (3) minutes. Written commentsare welcome and should be given to the Deputy Town Clerk prior to the start of the meeting.

B. CONSENT CALENDAR

1. Minutes of the February 28, 2019 Regular Meeting - K. Eucker

2. Resolution No. 2019-20 - A Resolution Approving an Exclusive Negotiation Agreement andNon-Binding Term Sheet Between and Among the Town of Windsor, Windsor the DowntownDevelopment Authority 215 E 4th Street, LLC, and Brinkman Capital, LLC

C. BOARD ACTION

1. Resolution No. 2019-21 - A Resolution Pursuant to Section 16.8 of the Windsor Home RuleCharter Authorizing the Acquisition of Certain Property Rights by Negotiation and, ifNecessary, by Eminent Domain for the Windsor LCR5/SH392 Roadway ImprovementsProject

of 74

Legislative actionStaff presentation: Ian D. McCargar, Town Attorney

a

2. Public Hearing - Conditional Use Grant (CUG) for Agricultural Uses in the GeneralCommercial Zone District and Residential Mixed Use Zone District - Harmony First Annex -Chris Serbousek, Owner/Applicant, Harmony Gardens; Kristin Turner, TB Group, ApplicantRepresentative

Quasi-judicialStaff Presentation: Carlin Malone, Chief Planner

a

3. Conditional Use Grant (CUG) for Agricultural Uses in the General Commercial Zone Districtand Residential Mixed Use Zone District - Harmony First Annex - Chris Serbousek,Owner/Applicant, Harmony Gardens; Kristin Turner, TB Group, Applicant Representative

Quasi-judicialStaff Presentation: Carlin Malone, Chief Planner

a

D. COMMUNICATIONS

1. Communications from Town Attorney

2. Communications from Town Staff

3. Communications from Town Manager

4. Communications from Town Board

E. ADJOURN

The Town of Windsor will make reasonable accommodations for access to Town services, programs, and activities and will makespecial communication arrangements for persons with disabilities. Please call (970) 674-2400 by noon on the Thursday prior to themeeting to make arrangements.

of 74

MEMORANDUMDate: March 11, 2019To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Rick Klimek, Chief of PoliceRe: Windsor Police Department Service AwardsItem #: 4.•

ATTACHMENTS:

Windsor Police Department Service Awards

of 74

MEMORANDUMDate: March 11, 2019To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Krystal Eucker, Town ClerkRe: February 28, 2019 Regular Meeting MinutesItem #: B.1.

ATTACHMENTS:

02.25.19 Draft Meeting Minutes

of 74

TOWN BOARD REGULAR MEETINGFebruary 25, 2019 - 7:00 PM

Town Board Chambers, 301 Walnut Street, Windsor, CO 80550

MINUTESA. CALL TO ORDER

Mayor Melendez called the meeting to order at 7:00 p.m.

1. Roll call

Mayor Kristie MelendezMayor Pro Tem Ken Bennett - Absent Myles Baker Barry WilsonPaul RennemeyerTom JonesDavid Sislowski

Also Present:

Shane Hale, Town ManagerIan McCargar, Town AttorneyEric Lucas, Director of Parks, Recreation and CultureRick Klimek, Chief of Police Stacy Miller, Director of Economic Development Dennis Wagner, Director of EngineeringScott Ballstadt, Director of PlanningJohn Thornhill, Water Resource ManagerMillissa Berry, Senior PlannerKrystal Eucker, Town Clerk

2. Pledge of Allegiance

Town Board Member Jones led the pledge of allegiance.

3. Review of Agenda by the Board and Addition of Items of New Business to the Agenda forConsideration

Town Board Member Rennemeyer moved to approve the agenda as amended byswitching the order of items C.4 and C.5, Town Board Member Jones seconded themotion. Roll call on the vote resulted as follows; Yeas - Baker, Jones, Melendez,Rennemeyer, Sislowski, Wilson; Motion Passed.

4. Board Liaison Reports

• Town Board Member Baker - Tree Board, Historic Preservation Commission

Town Board Member Baker reported there has not been a Historic PreservationCommission meeting since the last update.

Mr. Baker reported the Tree Board held a tree symposium in which 52 people attended. After being surveyed, they stated they would attend this event again.

of 74

• Town Board Member Wilson - Parks, Recreation and Culture Advisory Board; PoudreRiver Trail Corridor

Town Board Member Wilson reported the recycle center is scheduled to reopen at thenew location on February 27, 2019. The mother statue for Boardwalk Park is almostcomplete and will be installed next to the father and son on Mother's Day weekend. TheBoard and staff will be reviewing policies including smoking in the parks which will gothrough public comment. President's Day recorded 1,950 visitors at the CRC which wasthe second highest day of the year. Mr. Wilson reported work is being done to connect the Poudre River to a flood plane asyears ago the river was straightened out. The work will also include adding habitats forwildlife and planting of native species of plants and trees. The Poudre River TrailAuthority revamped their website which now individuals can subscribe to notifications.

• Mayor Pro Tem Bennett - Water and Sewer Board

Mayor Pro Tem Bennett - Absent

• Town Board Member Rennemeyer - Chamber of Commerce

Town Board Member Rennemeyer reported the Chamber heard a presentation fromXcel Energy regarding the substation. The Chamber continues to grow as there were 15new businesses that joined the Chamber in January. The Chamber is not going to beproviding food for the all town BBQ but they will be providing ice cream sandwiches,

• Town Board Member Jones - Windsor Housing Authority; Great Western Trail Authority

Town Board Member Jones reported the Great Western Trail Authority will be meeting onMarch 7, 2019.

• Town Board Member Sislowski - Clearview Library Board; Planning Commission

Town Board Member Sislowski reported the Planning Commission had a fairly smallagenda but the Avery Substation was presented.

• Mayor Melendez - Downtown Development Authority; North Front Range/MPO

Mayor Melendez reported the next MPO meeting is March 7, 2019. Ms. Melendez reported the Downtown Development Authority met and the backlotagreement was discussed. A special meeting was held to sign the developmentagreement for the American Legion parcel on 4th Street. The selection kickoff for the DH& M cottage study was completed. Also discussed was the possibility of being theorganization or working with another entity regarding a lodging tax.

5. Public Invited to be Heard

Mayor Melendez opened the meeting up for public comment.

Ann Kling, Clearview Library District Director addressed the Board and thanked Mr. Sislowskifor his participation in the Board Member interview process. Ms. Kling also invited the Board tothe Better Angels workshop on March 23, 2019 from 12:00-3:00.

B. CONSENT CALENDAR

1. Minutes of the February 11, 2019 regular Meeting and the February 13, 2019 Special Meeting -

of 74

K. Eucker

2. Resolution No. 2019-14 Declaring the Applicability of Certain Provisions of the 2018International Fire Code and 2018 International Fire Code Standards for Those Portions of theTown Within the Boundaries of the Windsor-Severance Fire Protection District

3. Resolution No. 2019-15 - A Resolution Approving an Amendment to an IntergovernmentalAgreement for Radio Site and Maintenance of the Timnath Radio Tower Between Weld Countyand the Town of Windsor, and Authorizing the Mayor to Execute Same

4. Resolution No. 2019-16 - A Resolution Approving the Accessioning of Items to the Town ofWindsor Museum - E. Lucas

5. Resolution No. 2019-17 - A Resolution Ratifying Appointments to the Clearview Library Boardof Directors

Mr. McCargar informed the Board that that Resolution No. 2019-15 made reference to aDecember 3, 2018 date which has been corrected on the final draft.

Town Board Member Jones moved to approve the consent calendar as presented,Town Board Member Rennemeyer seconded the motion. Roll call on the vote resultedas follows; Yeas - Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; MotionPassed.

C. BOARD ACTION

1. Public Hearing – Conditional Use Grant (CUG) for a Public Utility Installation, IncludingTransmission Lines and Substations in the Residential Mixed Use Zone District – ThorntonFarm 24 Annexation – Derek Holscher of Public Service Company of Colorado (Xcel Energy),Applicant

Town Board Member Rennemeyer moved to open the public hearing, Town BoardMember Baker seconded the motion. Roll call on the vote resulted as follows; Yeas -Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed.Mr. Sislowski stated, "Madam Mayor, for the record, I would like to point out that in my capacityas Town Board liaison to the Planning Commission, I was present at the Planning Commissionmeeting during which this matter was previously presented. I wish to state that my participationin the Planning Commission proceedings has in no way influenced me in my capacity as aTown Board Member this evening. I will make my decision and cast my vote this evening basedsolely on the evidence presented during this public hearing." Per Ms. Berry, the applicant, Public Service Company of Colorado is requesting a ConditionalUse Grant (CUG) to allow a public utility installation including transmission lines andsubstations on the recently annexed Thornton Farm 24 property located northwest of theintersection Weld County Road 15 and Weld County Road 76. The property is zonedResidential Mixed Use (RMU) which allows any principal, accessory or conditional usepermitted in any residential district. The Single-family Residential zone district calls for a CUGfor public utility installations including transmission lines and substations. This conditional usegrant considers the use as well as the height of structures, including the towers and fence,proposed.

The proposed public utility installation is for a new 230-kilovolt (kV) substation and a 2-mile longover-head transmission line (approximately 0.5 miles being within the Town of Windsor). Inaddition, underground distribution lines are planned from the substation westward to WCR 13along WCR 76. The purpose of the facility is to enable Public Service Company of Colorado toaccommodate existing and future energy demands in the region.

of 74

The substation would be constructed on a 10-acre portion of the Thornton Farm 24 property.The site is located approximately 500 feet north of WCR 76 near the intersection of WCR 76and Brian Avenue. If approved, the applicant’s intention is to subdivide the Thornton Farm 24property to allow for the purchase of the 10-acre site from the City of Thornton. The substation site plan shows approximately 6 acres of the site containing a fully-fenced facilitywith the proposed equipment and towers. The east-west fence lines are proposed atapproximately 500 feet in length and the north-south fence lines are proposed at approximately600 feet in length. The perimeter fence would be a 10-foot chain link fence. Ground equipmentranges in height to approximately 30 feet; towers range from 55 feet to 75 feet tall. The accessto the site would be from WCR 76 immediately north of the intersection of Brian Avenue. Astorm water detention area is planned on the southern portion of the site and a landscaping planshows evergreen trees along the south perimeter of the detention pond. The overheadtransmission lines travel north from the substation site to the town limits. Please see thepresentation and application materials for additional details on the facility. The conditional use would not have an expiration date. The facility is planned to operate for thelong-term.

Section 16-7-50 of the Municipal Code outlines the factors to be evaluated prior to the grantingof a conditional use.

1. The physical appearance of the use, including suitability of architectural and landscapingtreatment.

2. Appropriate location of the building or buildings on the lot. 3. Adequate provision of parking, loading and circulation facilities.4. Potential effect of the use upon off-site vehicular and pedestrian traffic circulation, with

particular reference to potential traffic congestion. 5. Potential effect of the use on storm drainage in the area. 6. Adequacy of planting screens where necessary. 7. Provision of operational controls where necessary to avoid hazardous conditions or

eliminate potential air or water pollutants or other noxious influences. 8. The general compatibility of the proposed use with the area in which it is to be located.9. Notifications were prepared in accordance with the municipal code.

The Planning Commission held a public hearing in regard to this CUG on February 6, 2019.Community members requested additional landscaping and/or the addition of a screen wall (asseen at other utility station sites around the region) and for the site to be located farther north onthe Thornton property. During the meeting, the applicant indicated that relocating the stationwould be difficult but that a wall and/or additional landscaping – particularly on the east and westperimeter of the property - could be provided. The requirement for additional landscaping and /or a wall was not included in the action taken by the Planning Commission. Staff recommendsthat the requirement for a wall and additional landscaping on the west and east perimeter beincluded as specific conditions of approval by the Town Board. A neighborhood meeting is not required for this CUG application. The applicant did hold acommunity meeting with neighbors on November 16, 2018 to discuss the proposal.

The plan set was sent to referral agencies, including area utility providers, ColoradoDepartment of Transportation, Colorado Department of Parks and Wildlife, and Weld RE 4, forreview. Staff received comment back from the School District citing no impact. No othercomments from referral agencies were received.

Staff has received comments from community members and residents from adjacentneighborhoods. Concerns included visual impacts of the facility to residents in the area,potential impacts of the site development on the wetlands to the south of the site, impacts toregional bird populations, and negative impacts to property values. These comments wereexpressed at the 2018 public hearings for the Thornton Farm 24 Annexation.

The applicant has also submitted a number of support letters for the facility primarily to address

of 74

the increasing demand for the service in the region.

Public comment documents received by staff and minutes from the Thornton Farm 24Annexation public hearings are included in the meeting packet.

The 2016 Comprehensive Plan does not specifically address utility provider substations.However, it does discuss the importance of maintaining and enhancing quality facilities andinfrastructure to support the community. ). Although the use will have visual impacts on the area, the proposed location of the site off ofWCR 76 and site plan details, such as landscaping, have been made in an effort to reducethese impacts. The use of public utility installations including transmission lines and substationsis conditionally allowed in the zone district and found to be necessary to meet the demand forenergy in the region. At its February 6, 2019 meeting, the Planning Commission forwarded a recommendation ofapproval of the Conditional Use Grant application tot he Town Board as presented with thefollowing conditions:

1. A site plan, including landscaping, is reviewed and approved by staff prior to constructionof the facility.

2. Landscaping is required on the southern portion of the property to assist in screening thefacility from vantage points from the south.

3. The applicant will obtain all applicable Town and State permitting for the facility and fordevelopment operations, including an access permit from the Town EngineeringDepartment and 10' fence per International Building Code requirements.

Staff requests the following be entered into the record:

Application and supplemental materialStaff memorandum and supporting documentsTestimony from the public hearingRecommendation

Dr Jones inquired if staff recommended screening on the east and west as well as the southernportion.

Ms. Berry stated originally staff did not require screening on the east or west side. The applicant's representative by Derek Holscher addressed the Board and gave a briefoverview of the of the project. Public Service Company of Colorado is proposing to constructthe Avery Substation and Transmission Line Project. The project, which is several years in themaking consists of:

A new 10 acre electric distribution substation located in Windsor, north of CR 76 and eastof Latham ParkwayApproximately 1.5 miles of new overhead double circuit 230 kilovolt (kV) electrictransmission line - Weld County, Severance and WindsorOverhead and underground distribution feeder lines to serve Windsor, Severance andTimnath, and portions of unincorporated Larimer and Weld Counties

Project need and urgency:

The current system serving this area does not have the capability to reliably serve theexisting and additional load growth anticipated for the area.Avery Substation will also assist in providing partial back-up to the existing Cobb Lakeand Windsor Substations, located on the outer edges of the growth areas. In the past three years, demand on the system has caused multiple outages affecting over8,000 homes and businesses. These power interruptions put our residents, businesses, hospitals, schools, daycarecenters and senior facilities at risk, and affect future growth.

Project Timeline

September 2012: Planning for the new substation begins and a public open house at theWindsor Recreation Center helps narrow down potential locations for a new substation

of 74

May 2014: Second public open house in WindsorMay 2015: Based on need, the Colorado Public Utilities Commission approved aCertificate of Public Convenience and NecessityJune 2015-July 2016: Further Analyzed and narrowed potential sites based on publicinput, availability to purchase and various environmental constraintsAugust 2016: Third public open house; 600 individuals were invited and over those, 37attended the open house and 180 comments revealed a preference for area 2November 2017: Negotiations began with the City of Thornton on 10 acres of their landnear the public's preferred substation areaSeptember 2018: Received approval from Weld County for 1/3 of the project'stransmission line; another 1/3 does not require land use permit approvals through the ownof Severance. November 2018: Met with representatives from the Roth SubdivisionDecember 2018: Land use permits submitted to the Town of Windsor for the substationsite and the lat 1/3 of the transmission lineToday: Seeking approval from the Town of Windsor, secure remaining land rights for theproject, obtain construction permits, begin construction in April 2019.

Negotiations with City of Thornton due to future development pushed the site out of thepreferred site number 2. One concern that was brought up was the wetlands to the south of the project. A consultationwith Colorado Parks and Wildlife determined there were no adverse impacts to the wildlife. Currently there is agriculture practices in place and a County Road bisects the wetland with loudtraffic. The substation access and distribution locations are designed to avoid the wetlands. The site will also contain on-site detention to prevent erosion and siltation into the wetlands. Ms. Sislowski inquired as to why this project couldn't be moved further north.

Mr. Holscher stated moving the project further north was discussed with the City ofThornton although their preference was this area. The topography was also consideredas to assist in screening and accessibility to the site in an emergency was a factor.

Mr. Baker inquired if this will serve the growth in Timnath, Severance and Windsor.

Mr. Holscher stated that is correct. Mr. Baker commented that Windsor's policy is that development pays their own way soshouldn't new development be impacted the most with this facility but this is being proposedright next to existing homes.

Mr. Holscher stated the theoretical load center which is essentially the best place to builda substation is just to the west at the intersection of CR 13 and 76. Once the site movesaway from the area, liability starts to do down. There are certain engineering perimeters,environmental constraints and the willingness of the landowner to sell the property. Afterlooking at over 20 sites and of those there was one person that was willing to work withColorado Public Service Company of Colorado.

Mr. Baker read an excerpt from the Mayor of Timnath, "The Town Council discussed the threelocations at their August 9th meeting and prefer the substation be located east of County Road1 in Weld County and on the far east side of site number 2 of the attached map. The Townprefers Route I as shown on the attached. This will prevent the lines and the substation frombeing in the view corridor of most of our new or pending development."

Mr. Holscher stated that was just one of the 180 comments that was received from theopen house.

Mr. Wilson asked the applicant to go over the natural topography again.

Mr. Holscher stated the natural topography drains from the north to the south so from CR76 one would be looking up at the site.

Dr. Jones inquired as to why the site couldn't be moved further north.

Mr. Holscher stated he is not the property owner but there were notations with the City ofThornton for over a year on the topic of moving the site further north as well as some

of 74

language in the body of the agreement. There were several options presented to the Cityof Thornton to move the site further north but at the end of the day the property owner hastheir thoughts on how they want to use the property. The City of Thornton downs plan toconvert the irrigated agricultural land into dryland.

Ms. Melendez confirmed that the City of Thornton owns that property and after a year ofnegotiations, the only location that they would give in terms of this this 288 acres is what is beingpresented this evening. They would not allow the site to be moved further north.

Mr. Holscher stated that is correct. Mr. Sislowski inquired if eminent domain is an option if needed.

Mr. Holscher stated that would be the last option. Ms. Melendez inquired as to what brought the applicant to this particular site.

Mr. Holscher stated there were many factors in looking at sites; this site is closest to theload center and would be the most reliable site. The landowner was willing to work withthe applicant and there was no floodplain, wetlands or soil condition issues. Transmissionline routes had the least amount of constraints for this site and it was the shortesttransmission route.

Ms. Melendez inquired as to what the urbanized definition is that was referred to in the packet.

Ms. Berry stated the property is in the Town's growth management area but will need tolook into where urbanized is located in the packet to get the context.

Ms. Melendez inquired about the chain link fence and if the applicant could go above andbeyond the chain link fence.

Ms. Berry stated the proposal by the applicant is for a 10' chain link fence although theapplicant indicated at the Planning Commission meeting that they would consider otherscreening devices such as a wall.

Ms. Melendez inquired as to what would need to be done to make assurances instead of justconsiderations.

Ms. Berry stated it would be recommended that it be included in the action as arequirement.

Ms. Melendez inquired if the applicant would be agreeable to the terms if the Board wantedsome that provided more assurances about either the landscaping or the screening.

Per Mr. Holscher; yes and this is typical when it comes to substations as the jurisdictionwill impose conditions of approval.

Mr. Sislowski inquired as to how the site moved.

Mr. Holscher stated area 2 was presented at the open house meeting in 2016 and themajority of support was for that site. That is when the City of Thornton was approached tobegin locating a substation site. Once negotiations began with the City of Thornton wesaw that area 2 was not becoming a possibility as the City of Thornton has someconcerns.

Mr. McCargar inquired about the irrigation canal on the site and if it is turning back onto thesubstation site from the east/northeast.

Mr. Holscher stated he believed that the canal is fed from the norther end and runs down. There were approximately 13 Individuals who commented during the public hearing. Oneindividual was in support of the conditional use grant due to the need ofimprovements to the electric grid to accommodate the growth in the area. The other individualswere opposed to the conditional use grant due to the following reasons:

Feels the applicant is being deceptive with the location of the projectExisting, long term residents in the area are being encroached onConcerns for the wildlife and birds that reside on or near the wetlands on the propertyConcerns for the loss of habitat for birds at the wetlandsConcerns for the transmission wires and structures being harmful to large birds

of 74

Exhaust all other sites/optionsRe-examine the original preferred Area 2 siteImpacts on long term residents of the areaLack of visual analysis of the siteExploring options to move the site to the north of the propertyHealth/cancer risks to individuals in the area from radiationViews of the substation from surrounding residents Decrease in home values

Eric Vannoy, 36925 Gaylin Ave, Windsor, CO 80550 - Opposed Marcia Maeda, 6711 Steven Street, Windsor, CO 80550 - Opposed Laurie Langhorn, 6855 Steven Street, Windsor, CO 80550 - OpposedRich Werner, Upstate Colorado Economic Development, 821 7th Street, Greeley, CO - InSupport Joan Glabach, 37076 Soaring Eagle Circle, Severance, CO - Opposed Vicki Lake, owns property in the area - Opposed Barbara Hyink, 37124 Cullison Ridge Road, Severance, CO - Opposed Terri Vannoy, 36925 Gaylin Ave, Windsor, CO 80550 - OpposedRosalin Leautaud, 36933 CR 15, Windsor, CO - Opposed Michael Mitchell, 6771 Steven Street, Windsor, CO 80550 - Opposed Ruth Conley, 5898 Chantry Drive, Windsor, CO - Opposed Ronald Maeda, 6711 Steven Street, Windsor, CO - OpposedHeather Best, 6664 Steven Street, Windsor, CO 80550 - Opposed Mr. Holscher stated a purchase and sale agreement is in place with the City of Thornton,contingent upon approval of the project. There was a site close to I-25 that was presented atthe open house meeting but it was never said that it was the preferred site. Ms. Melendez inquired if there was an impact analysis completed for this project.

Mr. Holscher stated there was a sighting study completed. Ms. Melendez inquired if there is any consideration of the site moving north.

Mr. Holscher stated at this time it would be no as it was ultimately a property ownerdecision. It was petitioned to relocate on their property but it came down to this area andthey were not going to entertain any other site than the 10 acres currently in front of theBoard.

Ms. Melendez inquired of the Corp of Engineers is involved in this project since the wetlandsare close.

Mr. Hale stated the Corp of Engineers is involved if the wetlands are moved but this sitelooks to be outside the wetlands. Mr. Holscher stated the operation and construction of the facility will be staying clear of thewetlands.

Town Board Member Sislowski moved to close the public hearing, Town BoardMember Jones seconded the motion. Roll call on the vote resulted as follows; Yeas -Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed.

2. Conditional Use Grant (CUG) for a Public Utility Installation, Including Transmission Lines andSubstations in the Residential Mixed Use Zone District – Thornton Farm 24 Annexation –Derek Holscher of Public Service Company of Colorado (Xcel Energy), Applicant

Ms. Berry had nothing further to add. Mr. Sislowski commented that there is a need for additional power grid although he does notfeel the application is consistent with the surrounding area. Also, regarding the location of thesite on the property and the City of Thornton not being open to relocating the site on theproperty. Mr. Sislowski is not feeling compelled that other alternatives are not available thatwould be more consistent with this region as opposed to 800 feet from an existing building.

of 74

Dr. Jones commented that he gets that no one wanted to see this. When the site was annexed,the City of Thornton stated Xcel Energy would be requesting a site for the substation. Dr.Jones stated he has worked with Colorado Parks and Wildlife in the past and they are verypicky so if there were any issues they would be known. Dr. Jones stated he is in favor of theproposal. Mr. Baker stated there is no dispute that the substation is needed however, Mr. Baker does notbelieve this application meets the criteria for the CUG standards and regulations and will bevoting no. Mr. Wilson stated he is in agreement with Dr. Jones. Ms Melendez stated in order to take the vote this evening some assurances need to be madeand some of them may not be able to be made without the input from the City of Thorntonregarding moving the site. Ms. Melendez inquired if the CUG could be postponed.

Mr. McCargar stated it could be postponed for a specific purpose to have the City ofThorn here to discuss from their point of view if there are any alternative sites available.

Ms. Melendez suggested postponing the CUG for a period of time to allow Xcel to go back tothe City of Thornton to provide them with this additional information that has been provided atthe public hearing and work to come to a compromise on an alternative site. Mr. Baker inquired if staff could discuss alternative sites other than moving the site north andwhy the other sites are non-negotiable.

Mr. McCargar stated if there are or are not alternative sites available, it would have beengood to have the City of Thornton here to inform the public and the Board of that.. Apostponement for the purpose of asking the City of Thornton to appear at the Boardmeeting to explore alternative sites is a safer course as it relates to suitability of the site. If the Board entertains a postponement, it is recommended that only be done if Windsorcan be assured that Thornton can attend and have personal knowledge of the project.

Mr. Hale inquired if it is improper to have Windsor staff meet with Thornton staff and shareconcerns of the citizens and the Board.

Mr. McCargar stated it would not be improper to have staff explore that with Thornton andbring that back to a public hearing so what the Board would be doing is directing that acontinuation of the public hearing be had before a determination is made tonight and thatthe purpose of that public hearing is to hear from Thornton whether there is a viablealternative site.

Mr. Hale suggested that the public hearing be continued until March 25, 2019. Mr. McCargar stated to make the record clear, the Board will not take action on the CUG thisevening which will be postponed and staff will be directed to reach out to Thornton and that apublic hearing will be reopened on March 25, 2019 for the purpose of hearing evidence onalternative sites in the control of the City of Thornton. Ms. Melendez inquired the applicant is amenable to delay the CUG for 30 days.

Mr. Holscher stated in lieu of getting the project denied, I think we would be willing to dothe postponement. Mr. Holscher would like to accelerate the date. The spring andsummer loads are coming and the Town will see those affects. Construction needs tobegin immediately. Mr. Hale stated two weeks seems like a short turnaround to get the City of Thornton at themeeting to have a discussion.

Mr. Sislowski commented that there is also the issue of eminent domain if needed and wouldalso to know how long that would take and what that would cost.

Mr. Holscher stated at this point that is not a viable option. Mr. McCargar stated what is being discussed is postponing action on the matter that iscurrently before the Board, pending the reopening of the public hearing to explore theavailability of alternative sites within the control of the City of Thornton. That could be

of 74

through negotiations or it could be through eminent domain but rather than getting backinto whether it is or it isn't viable at this stage is not recommended.

Mr. McCargar recommended the motion as follows: Motion to postpone this agenda item,pending a reopening of the public hearing on the question of whether there are alternative sitesavailable within the control of the City of Thornton and that that public hearing be reopened forthis purpose only in this room at 7:00 p.m. on March 25, 2019.

Town Board Member Sislowski moved to postpone this agenda item, pending areopening of the public hearing on the question of whether there are alternative sitesavailable within the control of the City of Thornton and that that public hearing bereopened in this room for this purpose only at 7:00 p.m. on March 25, 2019., TownBoard Member Baker seconded the motion. Roll call on the vote resulted as follows;Yeas - Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed.

3. Resolution No. 2019-18 - A Resolution Authorizing and Directing the Town Manager to MakeApplication to Northern Colorado Water Conservancy District for Annually-RenewablePerpetual Water Contracts for Rights to Use Colorado-Big Thompson Project Water UnderColorado Revised Statutes Section 37-45-131Per Mr. Thornhill, Northern Colorado Water Conservancy District ("Northern Water") hasestablished various rules and procedures regarding the acquisition of Colorado Big Thompson("C-BT") units. When the Town of Windsor acquires units by purchase or dedication, Windsormust apply for a Temporary Use Permit for the delivery and beneficial use of the units. Once thepermit is granted, Windsor must apply before March 1st of the following year, for thecancellation of the Temporary Use Permit and for the conversion of those units into an AnnuallyRenewable Perpetual Water Contract under C.R.S 37-45-131. Because these contracts arewith a public entity, they are intergovernmental agreements and require Town Board approval. These contracts are perpetual so long as the Town pays the annual assessment fee asdetermined by Northern Water.

Town Board Member Sislowski moved to approve Resolution No. 2019-18, TownBoard Member Rennemeyer seconded the motion. Roll call on the vote resulted asfollows; Yeas - Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; MotionPassed.

4. Ordinance No. 2019-1583 - An Ordinance of The Town Board Of The Town Of Windsor,Colorado, Approving the First Amendment to the Service Plan for the Ridge at Harmony RoadMetropolitan District Nos. 1-4, and Authorizing the Execution of an IntergovernmentalAgreement Between the Town and the DistrictsPer Mr. McCargar, before the Board on second reading is the ordinance approving anamended and restated service plan for The Ridge at Harmony Road Metropolitan DistrictsNo.'s 1-4. The Executive Summary included in packet material has been presented previously,and fairly characterizes the nature and reasons for amended terms. The ordinance was approved on first reading on January 14, 2019. Second reading was put offto allow full notice to District 2 residents who, although not fiscally affected by the amendmentsto the service plan, were deemed entitled to notice by the Town's Special Counsel for specialdistrict matters. The Districts have completed the notification, and are requesting final adoptionof the ordinance. Per Mr. O'Leary, before the Board on second reading is Ordinance 2019-1583 for theconsideration of approval of a service plan amendment. The amendment includes an increasein the amount of acreage, the need for additional capital improvements and the request foradditional debt authorization for all the property that does not currently have residents. Therewill be no increases in fees and a there will be a cap in dept authorization for District 2 andthere is a cap on the mill levy that is consistent with the Town model. A lot of the changes thathave occurred in both the service plan and the amended and restated IGA are to be consistentwith the current Town model.

of 74

The meeting was opened up for public comment. Ruth Conley, 5898 Chantry Drive, Windsor, CO 80550 addressed the Board and inquiredabout the school and green space that was planned for the area.

Mr. McCargar stated the approval of a metropolitan district does not affect the overalldevelopment plan but it may fund public improvements that are needed for developmentbut it won't affect the overall appearance of the development. Mr. Mark stated they are in the process of dedicating a 10 acre school site and dedicatedapproximately five acres to the Town for a park site.

Town Board Member Rennemeyer moved to approve Ordinance no. 2019-1583, TownBoard Member Wilson seconded the motion. Roll call on the vote resulted as follows;Yeas - Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed.

5. Resolution No. 2019-19 - A Resolution Approving an Amended and RestatedIntergovernmental Agreement Between the Town of Windsor and The Ridge at Harmony RoadMetropolitan Districts No.'s 1-4, and Authorizing the Mayor to Execute SamePer Mr. McCargar, the approval of an amended and restated service plan for the Ridge atHarmony Road Metropolitan Districts triggers the need for amendment of the intergovernmentalagreement previously approved. The attached Amended and Restated IntergovernmentalAgreement ("Amended IGA") accomplishes this step. The Amended IGA brings the contractual relationship between the Town and the Districts intoalignment with updated service plan. By doing so, we create contractual rights to enforce theterms of the service plan, above and beyond the mere terms of the service plan.

Town Board Member Rennemeyer moved to approve Resolution No. 2019-19, TownBoard Member Wilson seconded the motion. Roll call on the vote resulted as follows;Yeas - Baker, Jones, Melendez, Rennemeyer, Sislowski, Wilson; Motion Passed.

6. Economic Development Update

Ms. Miller provided an overview of the creation of the Economic Development Department. In2009, the community formed a committee to look into what they wanted for Windsor and it wasdetermined they wanted a voice for economic development. In 2010, a State of ColoradoEconomic Development Assessment was completed. From that, the Town of WindsorEconomic Development Task for was created in January of 2011. Ms. Miller was hired andbegan employment on April 1, 2011. Windsor's Economic Development Department Priories

Primary Employment- Business retention and expansion and business attractionRetail BusinessOmbudsman - Business advocate

Windsor partners with other agencies including the State Office of Economic Development andInternational Trade, Metro Denver Economic Development and Upstate Colorado. Economic Development Activity:

Groundbreaking for Kum & Go Meeting with State NCRTAState EDC Commission Meeting The Ranch Master PlanCommercial Real Estate for Women ConferenceEDCC Annual Conference Larimer/Weld County Marketing PanState Demographer's Summit

Ms. Miller provided the Board with a business prospect report:

117 prospects in 201889 total active prospects

of 74

29 prospect visits13 company announcements88 business visits102 misc company assists233 community outreach and events

D. COMMUNICATIONS

1. Communications from Town Attorney

Mr. McCargar informed the Board that the DDA approved the agreement, letter of intentand negotiating agreement with Brinkman which will be before the Board on March 11,2019.

2. Communications from Town Staff

None

a. University of Northern Colorado Thank You Letter

3. Communications from Town Manager

None

4. Communications from Town Board

Ms. Melendez stated the Town has recently lost two Windsorites, Sandy Brug and CarrieAnn Lucas. This is a great loss to the community as these two women truly exemplifiedreal courage and overcame extreme obstacles with their physical health and needs.

E. ADJOURN

Town Board Member Baker moved to adjourn, Town Board Member Rennemeyer secondedthe motion. Roll call on the vote resulted as follows; Yeas - Baker, Jones, Melendez,Rennemeyer, Sislowski, Wilson; Motion Passed.The meeting was adjourned at 9:31 p.m.

_____________________________________Krystal Eucker, Town Clerk

of 74

MEMORANDUMDate: March 11, 2019To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Ian D. McCargarRe: DDA-Brinkman-Town Exclusive Negotiation Agreement/Non-Binding Term SheetItem #: B.2.

Background / Discussion: With the Town Board's authority, we have negotiated the attached Exclusive Negotiation Agreement-Non-Binding TermSheet. The Agreement has been approved by the DDA Board and the Brinkman entity representatives. Theagreement consists of two distinct sections: Non-binding terms (Section B 1 and 2); and Binding terms (Section C 1-10). The non-binding terms are very broad and open-ended. These terms will be the primary focus of negotiations over the90-day negotiation period. These terms include identification of specific parcels for redevelopment, Projectcomponents, financial commitments, and related concerns. These are all broken out in the sub-paragraphs to Section B(2). The binding terms are:

A 90-day window to finalize both the Redevelopment Plan and the companion Redevelopment Agreement. A firm commitment to re-purchase the 4th Street Property if the negotiations are unsuccessful. This commitmentgives Brinkman the assures it needed to close on the 4th Street property, even though a final agreement with theTown and DDA remains under negotiation. Commitments for inspection of the Town Public Works Property, former Bertsch property and DDA Parcel, withindemnification and restoration requirements. This language is identical to binding commitments made by theDDA and Brinkman in their original agreement for establishment of the redevelopment plan. Town commitments to adhere to review timeframes similar to what we agreed to for The Brands. Boilerplate terms regarding assignments, remedies, and notices.

The Agreement is consistent with the authority granted to the Town's negotiators, and I am recommending its approval.

Financial Impact: $370,000 for purchase of the 4th Street Property, but only if the Redevelopment Plan and Redevelopment Agreementare not finalized during the 90-day negotiation period.

Relationship to Strategic Plan: Economic sustainability and vibrancy, infrastructure

Recommendation:

of 74

Adopt Resolution No. 2019-20; simple majority of those participating required

CC:Shane Hale, Town ManagerStacy Miller, Director of Economic Development

ATTACHMENTS:

Resolution 2019-20 - Approving an Exclusive Negotiation Agreement and Non Binding TermSheetDDA-Town-Brinkman Exclusive Negotiation Agreement-Non-Binding Term Sheet

of 74

TOWN OF WINDSOR

RESOLUTION NO. 2019-20 A RESOLUTION APPROVING AN EXCLUSIVE NEGOTIATION AGREEMENT AND NON-BINDING TERM SHEET BETWEEN AND AMONG THE TOWN OF WINDSOR, THE WINDSOR DOWNTOWN DEVELOPMENT AUTHORITY, 215 E 4TH STREET, LLC, AND BRINKMAN CAPITAL, LLC WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality with all powers and authority provided by Colorado law; and WHEREAS, the Town has consistently supported the efforts of the Windsor Downtown Development Authority (“DDA”) to revitalize the downtown area; and WHEREAS, in 2017, the DDA entered into an agreement with Brinkman Capital, LLC (“Brinkman”), to create an acceptable redevelopment plan for the area north of Main Street lying between 7th Street and 4th Street (“Backlots Area”); and WHEREAS, Brinkman has presented its concept for redevelopment of the Backlots Area, consisting of two general phases containing proposed residential and commercial development; and WHEREAS, the DDA has accepted the redevelopment concept as consistent with the expectations found within the 2017 agreement; and WHEREAS, Brinkman has requested certain commitments from both the Town and the DDA, some of which are binding and some of which are non-binding; and WHEREAS, the Town, DDA and Brinkman have negotiated the attached Exclusive Negotiation Agreement and Non-Binding Term Sheet dated March 11, 2019 (“ENA”); and WHEREAS, the ENA establishes a 90-day Negotiation Period within which the parties will endeavor to arrive at mutually-acceptable terms for a Redevelopment Plan and Redevelopment Agreement (both as defined in the ENA); and WHEREAS, the ENA provides for certain reimbursements to be made by the Town and the DDA in the event the parties are unable to reach mutually-acceptable terms for a Redevelopment Plan and Redevelopment Agreement; and WHEREAS, the DDA Board of Directors has approved execution of the ENA, and the Brinkman entities have likewise approved its terms; and WHEREAS, the Town Board desires to approve the ENA and authorize its execution; and

of 74

2

WHEREAS, the Town Board finds that the approvals set forth in this Resolution promote the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF WINDSOR, COLORADO, AS FOLLOWS:

1. The attached Exclusive Negotiation Agreement and Non-Binding Term Sheet dated March 11, 2019, is hereby approved.

2. The Town Manager is hereby authorized to execute the ENA on the Town’s behalf.

3. The Town Attorney is authorized to make such minor modifications to the ENA as

may be necessary to promote clarity and consistency with this Resolution.

4. All Town financial undertakings set forth in the ENA shall be subject to appropriation and legal availability of funds.

Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 11th day of March, 2019.

TOWN OF WINDSOR, COLORADO By:______________________________ Kristie Melendez, Mayor

ATTEST: _________________________________ Krystal Eucker, Town Clerk

of 74

MEMORANDUMDate: March 11, 2019To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Ian D. McCargar, Town AttorneyRe: Resolution authorizing eminent domain (Yeager property)Item #: C.1.

Background / Discussion: Presented this evening is a Resolution prepared by Special Counsel Edward Blieszner, the purpose of which is toauthorize a taking of real property through the Town's eminent domain powers, if necessary. The property in question is generally located at the northwest corner of State Highway 392 and Larimer County Road 5(Fairgrounds), and is owned by the Yeager family. The specific property for acquisition is road right-of-way along theeast side of LCR 5 from the future Oakmont traffic circle south to SH 392, then turning west on 392 along the north sideof the State Highway. Exhibit A to the Resolution contains the legal description of the total land area in two parcels tocoincide with their primary adjacent roadways. Eventually, roadway and related improvements will be constructed in these acquisitions, consistent with the RoadwayImprovement Plan. Although we intend to undertake good-faith negotiations for the acquisition, we are asking for eminent domain authorityto ensure that the negotiations do not interfere with a need for immediate possession of the property in the event fundingfor the improvements is approved. The form of this Resolution has been specifically approved of by Mr. Blieszner. I am recommending its approval.

Financial Impact: None.

Relationship to Strategic Plan: Infrastructure

Recommendation:Adopt Resolution No. 2019-21; simple majority of those attending required.

CC:Shane Hale, Town ManagerDennis Wagner, Director of Engineering

ATTACHMENTS:

Resolution No. 2019-21Exhibit A to Resolution No. 2019-21 (two pages)

of 74

TOWN OF WINDSOR

RESOLUTION NO. 2019 – 21

A RESOLUTION PURSUANT TO SECTION 16.8 OF THE WINDSOR HOME RULE

CHARTER AUTHORIZING THE ACQUISITION OF CERTAIN PROPERTY RIGHTS BY

NEGOTIATION AND, IF NECESSARY, BY EMINENT DOMAIN FOR THE WINDSOR

LCR5/SH392 ROADWAY IMPROVEMENTS PROJECT

WHEREAS, the Town of Windsor (“Town”) is a Colorado home rule municipality with all powers

and authority provided by Colorado law; and

WHEREAS, the Town has determined that improvements to Larimer County Road 5 and State

Highway 392, the intersection of those two roads and their surrounding areas denominated as the

“LCR5/SH392 Roadway Improvements Project” (the “Project”) would be in the public interest

and would benefit the health, safety and welfare of the Town and its citizens; and

WHEREAS, the Town also has determined that the Project is needed for the orderly development

of land and traffic operations in the Project’s vicinity, that the Project will benefit the Town and

its citizens and that constructing the Project is a necessary and valid public purpose; and

WHEREAS, the Town also has determined that the location of the improvements and the nature

and extent of the property rights described in Exhibit A attached hereto and incorporated herein

(the “Property Rights”) are needed and necessary for the Project; and

WHEREAS, the Town also has determined that delays in the acquisition of the right to enter on

and take possession of the Property Rights will result in increased costs to the Town and its citizens

and delay the Project which will be detrimental to the Town; and

WHEREAS, Article XX, Sections (1) and (6) of the Colorado Constitution and Section 16.8 of the

Town’s Home Rule Charter authorize the Town to acquire property and to have and exercise the

power of eminent domain within and without its territorial limits.

NOW, THEREFORE, BE IT RESOLVED BY THE TOWN BOARD OF THE TOWN OF

WINDSOR, COLORADO, AS FOLLOWS:

1. The Town Board finds that construction of the LCR5/SH392 Roadway

Improvements Project is in the interest of the public health, safety and welfare and is for a public

purpose.

2. The Town Board further finds that there is a need and necessity to acquire the

Property Rights for the LCR5/SH392 Roadway Improvements Project.

of 74

2

3. The Town Board further finds that possession of the Property Rights is needed as

soon as possible and before any trial in any condemnation proceeding in order to prevent delays

of and cost increases to the LCR5/SH392 Roadway Improvements Project.

4. The Town Attorney, Special Counsel and consultants to the Town in their

respective capacities are authorized to take all action necessary to acquire the Property Rights and

to obtain the Town’s right to take immediate possession of the Property Rights as soon as possible

through voluntary agreements or the exercise of the Town’s powers of eminent domain.

5. The within Resolution is adopted pursuant to the Town Board’s authority as set

forth in Section 16.8 of the Windsor Home Rule Charter.

Upon motion duly made, seconded and carried, the foregoing Resolution was adopted this 11th day

of March, 2019.

TOWN OF WINDSOR, COLORADO

By:

Kristie Melendez, Mayor

ATTEST:

Krystal Eucker, Town Clerk

of 74

LEGAL DESCRIPTION

A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION

15, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; TOWN OF WINDSOR,

COUNTY OF LARIMER, STATE OF COLORADO; AND BEING MORE PARTICULARLY DESCRIBED AS

FOLLOWS:

COMMENCING AT THE EAST SIXTEENTH CORNER OF SECTION 15 WHENCE THE SOUTHEAST CORNER OF

SECTION 15 BEARS N89°41'00"E A DISTANCE OF 1,325.34 FEET AND CONSIDERING ALL BEARINGS HEREIN

RELATIVE THERETO;

THENCE N00°44'25"E A DISTANCE OF 40.23 FEET TO THE POINT OF BEGINNING;

THENCE N00°44'25"E A DISTANCE OF 34.78 FEET;

THENCE N89°36'11"E A DISTANCE OF 416.60 FEET;

THENCE S00°21'15"E A DISTANCE OF 35.00 FEET;

THENCE S89°38'02"W A DISTANCE OF 417.27 FEET TO THE POINT OF BEGINNING;

SAID PARCEL CONTAINS 0.33 ACRES (14,546 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO

ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD.

PARCEL 2

of 74

AutoCAD SHX Text

748 Whalers Way, Suite 200 Fort Collins, Colorado Phone: 970.226.0557

AutoCAD SHX Text

JOB NO.

AutoCAD SHX Text

DATE:

AutoCAD SHX Text

SHEET

AutoCAD SHX Text

OF

AutoCAD SHX Text

EXHIBIT A

AutoCAD SHX Text

PARCEL 2 - YEAGER ROW

AutoCAD SHX Text

MARCH 2019

AutoCAD SHX Text

0059.0056.00

AutoCAD SHX Text

1

AutoCAD SHX Text

2

AutoCAD SHX Text

K:\760\062\05 Drawings\Exhibits\Yeager Easements\0062_Parcel 2

PARCEL 2 (YEAGER PROPERTY)

of 74

AutoCAD SHX Text

EAST CORNER 116 CORNER SECTION 15, T.6N., R.68W. FOUND 2" ALUM CAP STAMPED LS 16415 POINT OF COMMENCEMENT

AutoCAD SHX Text

POINT OF BEGINNING

AutoCAD SHX Text

BASIS OF BEARING

AutoCAD SHX Text

ANDERSON, NANCY E CHILD PAMELA JO/YEAGER BRADLEY J ZONE: GC

AutoCAD SHX Text

LOT 2 PTARMIGAN BUSINESS PARK PUD FOURTH FILING BUSINESS PARK I OF 392

AutoCAD SHX Text

HIGHWAY 392

AutoCAD SHX Text

SOUTHEAST CORNER SECTION 15, T.6N., R.68W. FOUND 3.25" BRASS CAP STAMPED LARIMER COUNTY HORIZONTAL CONTROL MONUMENT

AutoCAD SHX Text

748 Whalers Way, Suite 200 Fort Collins, Colorado Phone: 970.226.0557

AutoCAD SHX Text

JOB NO.

AutoCAD SHX Text

DATE:

AutoCAD SHX Text

SHEET

AutoCAD SHX Text

OF

AutoCAD SHX Text

EXHIBIT A

AutoCAD SHX Text

PARCEL 2 - YEAGER ROW

AutoCAD SHX Text

MARCH 2019

AutoCAD SHX Text

0059.0056.00

AutoCAD SHX Text

2

AutoCAD SHX Text

K:\760\062\05 Drawings\Exhibits\Yeager Easements\0062_Parcel 2

AutoCAD SHX Text

2

AutoCAD SHX Text

feet

AutoCAD SHX Text

scale

AutoCAD SHX Text

0

AutoCAD SHX Text

1"=100'

AutoCAD SHX Text

100

AutoCAD SHX Text

100

AutoCAD SHX Text

50

MEMORANDUMDate: March 11, 2019To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Carlin Malone, Chief PlannerRe: Public Hearing - Conditional Use Grant (CUG) for Agricultural Uses in the GC zone (Harmony Gardens)Item #: C.2.

Background / Discussion: The applicant, Chris Serbousek, represented by Kristin Turner, is requesting a Conditional Use Grant (CUG) to allow aretail garden center with supporting nursery and greenhouses on the Harmony Annex property, a 121-acre propertylocated on the southeast corner of WCR 13 and Harmony Road. The property is zoned GC (General Commercial) andRMU (Residential Mixed Use) which allows garden centers as a commercial use; however the Town’s Municipal Codedoes not address the agricultural uses that may be associated with a garden center. The applicant has submitted a site plan application, which has been reviewed concurrently with the CUG request. Thesite plan information is included with this CUG request. The property has been master planned for a commercial area within a neighborhood. The proposed uses are intendedto be long-term interim uses until the time the market demands higher intensity commercial use of the property, asanticipated and planned with the existing zoning and approved master plan. The proposed CUG would allow theproposed uses, as well as provide a mechanism for the long-term interim use on the property. This conditional use grantconsiders the uses as well as the design of the greenhouse structures proposed, as the design standards for this areainclude those of the Town’s Commercial Corridor Plan, which does not address greenhouse structures. An existing tree farm is located on the northwest portion of the site, located directly southeast of the WCR 13/HarmonyRoad intersection. The garden center, nursery, and greenhouses would be located east of the tree farm and the site willbe accessed from Harmony Road on the northeastern corner of the property, with a road (to be named in the future)extending south from Harmony Road along the eastern boundary of the property, leading to the driveway of the site. Theproposed roadway is consistent with the road alignment approved with the master plan for the property and will onlyserve this property in the interim. Please see the presentation materials for location of the proposed site. If approved,the applicant’s intention is to move his existing business, Harmony Gardens, currently located in Fort Collins on thesouthwest corner of Harmony Road and Interstate 25, to the subject property. Please see the presentation and application materials for additional details on the proposal. The conditional use would not have an expiration date. Harmony Gardens is planned to operate for the long-term untilthe market demands a higher intensity commercial use. Standards and Requirements for Conditional Use GrantsSection 16-7-50 of the Municipal Code outlines the factors to be evaluated prior to the granting of a conditional use.

1. The character and the quality of the area in which the use will be located.The Harmony Annex property includes 121 acres. It currently has an agriculture use (tree farm), which will continue,as well as new agricultural uses to support the retail garden center. The property is surrounded by existing agriculturaluses and developing residential and future commercial north of Harmony Road. No development is currentlyproposed to the east of the property and it is not anticipated that development will occur in the near future.

2. The physical appearance of the use, including suitability of architectural and landscaping treatment.

of 74

The proposed use and structures are consistent with the surrounding agricultural uses and the compatible with thedeveloping neighborhood to the north:

· Proposed garden center will provide landscape buffer along Harmony Road, eastern boundary of theproperty and adjacent to parking lot area, as well as plant material adjacent to the structures. · Variety of plant material and garden areas will be located throughout the site as buffering/screening, aswell as display. · Garden center building and greenhouses designed with architectural wainscot along the base of thebuildings and architectural columns on the corners of the buildings to provide different building material on thefaçades.· Existing tree farm will remain on the property.

3. Appropriate location of the building or buildings on the lot.The buildings would be located around the proposed parking area and the garden center would be located closest toHarmony Road. The site has a lower elevation than Harmony Road, so will be visible from the roadway. Buildingshave been designed for compatibility with the commercial corridor, while keeping the agricultural nature of thebusiness and the agricultural feel of the area.

4. Adequate provision of parking, loading and circulation facilities.The parking meets the retail parking requirements for a garden center. The proposed roadway leading into thedriveway of the business is consistent with the proposed roadway alignment shown on the approved master plan.

5. Potential effect of the use upon off-site vehicular and pedestrian traffic circulation, with particularreference to potential traffic congestion.In 2018, the applicant dedicated right-of-way for the future buildout of Harmony Road and will be adding a right turnlane on the south side of Harmony Road leading to the site. Improvements will be consistent with the future design ofHarmony Road and the approved master plan for the property.

6. Potential effect of the use on storm drainage in the area.Construction of the portion of the site will comply with the Town’s standards and is not expected to create run off inexcess of previous site levels and would not change existing topography or drainage patterns.

7. Adequacy of planting screens where necessary.Landscaping on the site includes the existing tree farm, buffer along Harmony Road, and screening adjacent tobuildings visible from Harmony Road and screening of the proposed parking area.

8. Provision of operational controls where necessary to avoid hazardous conditions or eliminatepotential air or water pollutants or other noxious influences.Enclosed containment would be provided for all trash. The proposal does not include use or storage of hazardous ornoxious material.

9. The general compatibility of the proposed use with the area in which it is to be located. The layout andgeneral compatibility of the proposed use is consistent with the surrounding area uses. The general use of a gardencenter is permitted in the GC and RMU zone districts; however, the supporting greenhouse, plant nursery, andagricultural uses are not included within these districts and greenhouse structures were not included in thecommercial corridor standards. The CUG would allow these uses and greenhouse structures with the garden centeruse. The existing and proposed agricultural uses on the property are consistent with surrounding agricultural uses.

A neighborhood meeting is not required for this CUG application; however, a public hearing is a requirement of a CUGand notices were sent to surrounding property owners within 100 feet of the property. No comments on the proposalhave been received. Conformance with Comprehensive PlanThe 2016 Comprehensive Plan does not specifically address the proposed use; however, it does discuss theimportance of maintaining and enhancing quality facilities and infrastructure to support the community. The developmentwould continue improvements along Harmony Road and provide a business that would support and compliment newdevelopment in the area.

Relationship to Strategic Plan: The proposal supports the Strategic Plan in the area of adequate infrastructure.

of 74

Recommendation:At their regular meeting of March 6, 2019, the Planning Commission forwarded a recommendation of approval of theConditional Use Grant application to the Town Board as presented with the following condition:1. The final site plan and accompanying development agreement is approved by Town Staff prior to building permitissuance.

CC:Kristin Turner, applicant representative

ATTACHMENTS:

Attachment 1 - application materialsAttachment 2 - staff presentationAttachment 3 - 030619 PC Minutes (draft) CUG Harmony Annex

of 74

Conditional Use Grant

Project Description:

Conditional Use Grant Application Page 2 of 2 Revised 10/14/2016

of 74

*Describe the non-conforming use or home occupation. Include activity description, average number of clients,

need for parking, hours of operation, size of area to be used, justification of continuance of non-conforming use

and result of any communication with neighbors. (use back or additional sheets if necessary)

A plant nursery is not currently a use included in the zoning description for General Commercial (GC). In

addition, while this use is generally consistent with the master plan, the permanent future uses are

anticipated to be different. A plant nursery is a use that wasn't anticipated at the time the master plan

was created.

The proposed site plan is considered a long-term temporary use. It is anticipated that the site will

redevelop in the future when the market demands the highest and best use of this land.

The plant nursery (the retail portion of the site) is a use that is compatible within the General

Commercial zone district. It is consistent with surrounding uses and will help to support the growth of

the community.

The portion of the property zoned RMU is proposed for agricultural uses. This is not a listed land use

within the RMU zone district but is compatible with surrounding uses. It is a supporting use for the

retail portion of the site located in the General Commercial zone district.

of 74

6

5

G

T

GAS

X X X X X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X

UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD UD

IRR

IRR

IRR

IRR

IRR

IRR

IRR

GG

GG

GG

GG

GG

GG

G

X

X

XX

X

X X

HARMONY ROAD

9.0

18.0

R30.0SPRINKLERBUILDING

COLDFRAMEHOOP

HOUSETYP.

COLDFRAMEHOOP

HOUSETYP.

PRODUCTIONGREENHOUSES

SALESCENTER

GREENHOUSE

OUTDOORDISPLAY AREA

ENCLOSEDSTORAGE

TRANSITION TOEXISTING FARMROAD

4

4

4

4

3

11

10

8

8

8

3

50.0GAS EASEMENTSINCLAIR GASPIPELINE CO.

6' C

ON

CR

ETE

WAL

K6'

CO

NC

RET

E W

ALK

5' CONCRETE WALK

30.0

STR

EET

NAM

E TB

DU

LTIM

ATE

RO

W 8

0 '

150 ' ROW

24.0

EXISTINGCONCRETEIRRIGATIONLATERAL

109.

4

83.3 61.1 24.2

30.0 10.0TYP.

TYP.

TYP.

120.

0 120.

7

72.7 84.0

24.0

24.0TYP.

TYP.

37.4

TYP.

TRANSITION TOGRAVEL ROAD FORFARM ACCESS



TRAILER PARKING

10.0

R15.0

R10.0 R10.0

R10.0 R10.0

TRAI

LER

PAR

KIN

G

R30.0

R30.0

R30.0

24.0TYP.

UE

TRANSITION TOAGRICULTURE




PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PA

PAPA

PA

PA PA

PA

PA

PA

PA

AGRICULTUREUSES

AGRICULTUREUSES

AGRICULTUREUSES

AGRICULTUREUSES

21.0

24.0

7.1

24.0

24.0

TYP.

TYP.

R10.0

R10.0

R30.0

R30.0

R30.0

R10.0

R30.0R30.0

R30.0 R30.0

20.0

20.0'

20.0

24.0



35.4

74.9

74.9

R30.0

R30.

0

R30.0

R30.0

R30.0

R30.0

R15.0

R15.0

R15.0

R15.0

24.0

R25.0

R25.0

R25.0

R30.0 R30.0

R30.0 R30.0

R30.0

R30.0

102.

941

.9

R25.0

30.0

24.0

30.0UE TYP.

20.0

UE

UE TYP.

20.0

UE

120.8

36.0

72.2

77.6

6' C

ON

CR

ETE

WAL

K

19.0TYP.

HARMONY ROAD150 ' ROW

FUTURERIGHT OFWAY

FUTURERIGHT OFWAY

2Sheet Number:

WINDSOR, CO

Harmony FirstAnnexation SitePlan

HarmonyGardens

PROJECT TITLE

REVISIONS

ISSUE DATE

SHEET TITLE

SHEET INFORMATION

DATE

SEAL

November 20,2018

TOWN OFWINDSOR301 Walnut StreetWindsor, CO 80550970.674.2400

DATE

PREPARED FOR

Staff Comments 2.5.18

EXISTING ZONING: GC - GENERAL COMMERCIAL

GROSS LAND AREA: 5,318,303 SF 122.0 AC

DEVELOPED LAND AREA: 352,580 SF 8.1 AC

NUMBER OF BUILDINGS: 3

LAND USE: RETAIL/WHOLESALE PLANT NURSERY & AGRICULTURE

TOTAL BUILDING GROSS S.F.: 48,768 SFSALES CENTER 8,197 SFSALES CENTER GREENHOUSE 5,158 SFSPRINKLER BUILDING 7,436 SFSPRINKLER WAREHOUSE 9,073 SFPRODUCTION GREENHOUSES 18,904 SF

MAXIMUM BUILDING STORIES: 1

Site Plan

Bike Rack

FURNISHING AND INSTALLATION NOTES

1. CONTRACTOR TO OBTAIN ALLINSTALLATION AND STRUCTURALINFORMATION OR DRAWINGS FROMMANUFACTURER PRIOR TO INSTALLATION.

2. IT IS THE RESPONSIBILITY OF THECONTRACTOR TO SUBMIT ALL NECESSARYPERMIT DOCUMENTS AS REQUIRED BY THELOCAL JURISDICTIONS FOR THESEPRODUCTS.

3. CONTRACTOR TO SUBMIT PRODUCTINFORMATION FOR OWNER'S REVIEW ANDAPPROVAL PRIOR TO ORDERING

4. COORDINATE FINAL LOCATION OF ALLFURNISHINGS AND EQUIPMENT WITHOWNER PRIOR TO FINAL INSTALLATION /MOUNTING.

5. SUBSTITUTIONS ARE ALLOWED, FORSPECIFIED PRODUCTS THAT ARE NOLONGER AVAILABLE, OR IF A SUBSTANTIALCOST SAVINGS CAN BE REALIZED FOR THEOWNER BY USE OF AN ALTERNATE ANDEQUAL PRODUCT. IF SUCH SUBSTITUTIONOCCURS IT MUST BE SUBMITTED INWRITING AND APPROVED BY THE OWNEROR ANY GOVERNING AGENCIES.

Bike Rack- 5 LoopQuantity: 1 - Color: Powder-Coated BlackSurface Mount

Land-Use Statistics

HANDICAP PARKING STALL

EASEMENT LINE

PROPERTY LINE

Legend

GROSS AREA COVERAGE

SQUARE FEET ACRES % OF DEVELOPED AREA

BUILDING FOOTPRINT 48,768 1.11 13.8%

LANDSCAPE 84,658 1.94 24.0%

RIGHT OF WAY 10,207 0.23 2.9%

PAVED DRIVE AND PARKING 56,093 1.29 15.9%

GRAVEL DRIVE 51,745 1.18 14.7%

SIDEWALKS/HARDSCAPE 3,038 0.07 0.8%

OPEN SPACE/AGRICULTURE 5,063,794 116.24 95.2%

TOTAL AREA: 5,318,303 122.0 100%

PARKING:

EMPLOYEES OFF-SEASON (SEPTEMBER-APRIL): 10 VEHICLESEMPLOYEES PEAK-SEASON (MAY-AUGUST): 20 VEHICLES

PROVIDED: 78 SPACES INCLUDING 4 ACCESSIBLE SPACE

SCALE 1" = 40'-0"40'0 80'60' NORTH

PLANTING AREAPA

GRAVEL ROAD

BIKE RACK

FUTURE RIGHT OF WAY

of 74

EE

E

EE

E

ELECBRKR


T

T

XX

UD

UD UD UD

WELD COUNTY ROAD 74/HARMONY ROAD


X

X

X

B M

F

ES

G

E

EE

E E E E E E E E E E E

LID

B M

H2O

VAULTELEC

H2O

H2OW

W

T

T

ELECBRKR

V.P.V.P.V.P.

H2O

V.P.

H2O

V.P.

V.P.

V.P. V.P.H2O

CSW S O

H2OH2O

H2O

H2OH2O

H2O

GAS

EE

EE

EE

E EE

EE

E

X X

X X X X X X X X X X X X X

X

IRR

IRR

IRR

IRR

GG

GG

GG

VAULTF.O.

6 7

8 9

5a5a 5bPERENNIAL PLANTING MATRIXCONSISTING OF LARGE DRIFTS OF VARIOUS TYPES OFPERENNIALS SUCH AS THE FOLLOWING BUT NOT LIMITEDTO:DAISIESHUECHERASIBERIAN IRISBLACK EYED SUSANPENSTEMON VARIETIESCONEFLOWER VARIETIES

BLUE GRASS BLEND SOD

IRRIGATED TURF

STEEL EDGER, ROUNDED TOP

EXISTING TREES

66,840 S.F.

SHRUB BED AREA32,126 S.F.

INCLUDES PERENNIAL PLANTINGAREAS AND 34" COBBLE AREAS

Calamagrostis acutiflora 'Avalanche'GRASS, VARIEGATED FEATHER REED

EVERGREEN TREES -112

ORNAMENTAL GRASSES/PERENNIALS782

182

BOTANICAL NAMECOMMON NAME

QTY. HEIGKEY

DECIDUOUS TREES -64

6 Malus x 'Spring Snow'CRABAPPLE, SPRING SNOW

ORNAMENTAL TREES -33

4 Malus x 'Radiant'CRABAPPLE, RADIANT

Quercus macrocarpaBURR OAK2

Acer rubrrum 'Frank Jr.'REDPOINTE MAPLE8

Tilia cordata, 'Greenspire'GREENSPIRE LINDEN7

Acer saccharum 'Green Mountain'MAPLE, GREEN MOUNTAIN SUGAR8

Acer ginnalaAMUR MAPLE12

Quercus buckleyiTEXAS RED OAK8

Pinus flexilis 'Vanderwolf's Pyramid'LIMBER PINE5

Picea pungens 'Cupressina'SPRUCE, FASTIGIATE NORWAY42

Quercus crimson spireCRIMSON SPIRE OAK

4

Tilia americana 'Redmond'REDMOND LINDEN8

Quercus shumardiiSHUMARD OAK7

16 Malus x 'Prairie Fire'CRABAPPLE, PRAIRIE FIRE

7 Malus x 'Coralburst'CRABAPPLE, CORALBURST

Picea pungens (Blue)SPRUCE, COLORADO4

Juniperus scopulorum 'Gray Gleam'JUNIPER, GRAY GLEAM46

Pinus nigraAUSTRIAN PINE7

Picea pungens 'Fat Albert'SPRUCE, FAT ALBERT5

Pinus leucodermis, 'Emerald Arrow'EMERALD ARROW BOSNIAN PINE

3

Amelanchier alnifolia 'Regent'SERVICEBERRY, REGENT

Cornus sericea 'Arctic Fire'DOGWOOD, ARCTIC FIRE

Euonymus alatusBURNING BUSH DWARF

Syringa patula 'Miss Kim'LILAC, MISS KIM DWARF

9

30

9

6

DECIDUOUS SHRUBS -391

Viburnum x juddiiJUDD VIBURNUM

11

Rhus trilobataTHREE LEAF SUMAC6

Perovskia atriplicifolia, 'Little Spire'LITTLE SPIRE RUSSIAN SAGE25

Agave parryi neomexicanaAGAVE, NEW MEXICO

14

Krascheninnikovia lanataWINTERFAT

17

Potentilla fruticosa Dakota SunspotPOTENTILLA, DAKOTA SUNSPOT

17

Arctostaphylos uva-ursi 'Massachusetts'KINNIKINNICK, MASSACHUSETTS

15

Rosa Flower Carpet CoralROSE, CORAL CARPET

41

Ericameria nauseosa ssp. nauseosaRABBITBRUSH, DWARF BLUE

20

Caryopteris x clandonensis 'Blue Mist'SPIREA, BLUE MIST66

Ribes cereumCURRANT, SQUAW

18

Cornus alba Red GnomeDOGWOOD, RED GNOME29

Prunus besseyiCHERRY, WESTERN SAND26

Cercocarpus intricatusMAHOGANY, LITTLELEAF MOUNTAIN12

Mahonia aquifoliumHOLLY, CREEPING OREGON GRAPE

20

Bouteloua gracilis 'Blonde Ambition'GRASS, BLONDE AMBITION GRAMA89

C S

Juniperus sabina 'Buffalo'JUNIPER, BUFFALO55

EVERGREEN SHRUBS -55


Pennisetum alopecuroides 'Hameln'GRASS, DWARF FOUNTAIN

Miscanthus sinensis purpurascensGRASS, PURPLE FLAME


182

115

113

Miscanthus sinensis, 'Gracillimus'GRASS, MAIDEN19

Panicum virgatum, 'Heavy Metal'GRASS, HEAVY METAL BLUE SWITCH

58

Schizachyrium scoparium, 'Blaze'BLAZE LITTLE BLUESTEM

24

30 Miscanthus sinensis, 'Morning Light'GRASS, MORNING LIGHT MAIDEN

PERENNIAL PLANTING MATRIX SEELIST ON THIS SHEET FORPLANT VARIETIES TO BE USED INTHESE AREAS3

4" RIVER ROCK COBBLE

NOTE: IN ANY INSTANCE WHERE THE PLANT LIST ORLANDSCAPE QUANTITIES DO NOT MATCH THE PLAN,REQUIRED PLANTS/QUANTITIES SHALL BE PER THEPLAN. CONTRACTOR TO VERIFY QUANTITIES.

Helictotrichon sempervirensGRASS, BLUE AVENA

6


Panicum virgatum 'Shenandoah'GRASS, SHENANDOAH RED SWITCH

20

Heuchera micrantha 'Palace Purple'CORAL BELLS, PURPLE PALACE

10

Iris sibirica Ruffled VelvetSIBERIAN IRIS

6

Rudbeckia fulgida 'Goldsturm'BLACK-EYED SUSAN

61

Penstemon 'Windsor Red'PENSTEMON, WINDSOR RED

36

Echinacea 'Cheyenne Spirit'CONEFLOWER, CHEYENNE SPIRIT

13

Landscape Plan

5Sheet Number:

WINDSOR, CO


HarmonyGardens

PROJECT TITLE

REVISIONS

ISSUE DATE

SHEET TITLE

SHEET INFORMATION

DATE

SEAL

November 20,2018


DATE

PREPARED FOR


Site Key

View B

View A

Landscape Legend

Landscape Schedule

of 74

X X X X X X

UD UD UD UD UD UD U


NATIVESEEDING TO BE

PROVIDED INALL AREAS OFDISTURBANCE.

NATIVESEEDING TO BE


X

X

X

B M

F

ES

G

E

EE


LID

B M

H2O

VAULTELEC

H2O

H2OW

W

T

T

ELECBRKR

V.P.V.P.V.P.

H2O

V.P.

H2O

V.P.

V.P.

V.P. V.P.H2O

CSW

S O

H2OH2O

H2O

H2OH2O

H2O

GAS

EE

EE

EE

E EE

EE

E

X X


X

IRR

IRR

IRR

IRR

GG

GG

GG

VAULTF.O.

6 7

8 9

5a5a 5b PERENNIAL PLANTING MATRIXCONSISTING OF LARGE DRIFTS OF VARIOUS TYPES OFPERENNIALS SUCH AS THE FOLLOWING BUT NOT LIMITEDTO:DAISIESHUECHERASIBERIAN IRISBLACK EYED SUSANPENSTEMON VARIETIESCONEFLOWER VARIETIES


IRRIGATED TURF


EXISTING TREES

66,840 S.F.






182


QTY. HEIGKEY

DECIDUOUS TREES -64













4










3





9

30

9

6



11




14


17


17


15


41


20



18





20


C S







182

115

113



58


24






6



20


10


6


61


36


13

Landscape Plan

6Sheet Number:

WINDSOR, CO


HarmonyGardens

PROJECT TITLE

REVISIONS

ISSUE DATE

SHEET TITLE

SHEET INFORMATION

DATE

SEAL

November 20,2018


DATE

PREPARED FOR


Site Key Landscape Legend

Landscape Schedule

of 74

X X X X X X

UD UD UD UD UD UD

IRR

IRR

IR

GG

G

X

FDC

FDC


X

X

X

B M

F

ES

G

E

EE


LID

B M

H2O

VAULTELEC

H2O

H2OW

W

T

T

ELECBRKR

V.P.V.P.V.P.

H2O

V.P.

H2O

V.P.

V.P.

V.P. V.P.H2O

CSW

S O

H2OH2O

H2O

H2OH2O

H2O

GAS

EE

EE

EE

E EE

EE

E

X X


X

IRR

IRR

IRR

IRR

GG

GG

GG

VAULTF.O.

6 7

8 9

5a5a 5b




182


QTY. HEIGKEY

DECIDUOUS TREES -64













4










3





9

30

9

6



11




14


17


17


15


41


20



18





20


C S







182

115

113



58


24






6



20


10


6


61


36


13

PERENNIAL PLANTING MATRIXCONSISTING OF LARGE DRIFTS OF VARIOUS TYPES OFPERENNIALS SUCH AS THE FOLLOWING BUT NOT LIMITEDTO:DAISIESHUECHERASIBERIAN IRISBLACK EYED SUSANPENSTEMON VARIETIESCONEFLOWER VARIETIES


IRRIGATED TURF


EXISTING TREES

66,840 S.F.



Landscape Plan

7Sheet Number:

WINDSOR, CO


HarmonyGardens

PROJECT TITLE

REVISIONS

ISSUE DATE

SHEET TITLE

SHEET INFORMATION

DATE

SEAL

November 20,2018


DATE

PREPARED FOR


Site Key

Landscape Schedule

Landscape Legend

of 74

NATIVESEEDING TO BE


NATIVESEEDING TO BE


XX

X

B M

F

ES

G

E

EE


LID

B M

H2O

VAULTELEC

H2O

H2OW

W

T

T

ELECBRKR

V.P.V.P.V.P.

H2O

V.P.

H2O

V.P.

V.P.

V.P. V.P.H2O

CSW

S O

H2OH2O

H2O

H2OH2O

H2O

GAS

EEE

EE

EE E

EE

EE

X X


X

IRR

IRR

IRR

IRR

GG

GG

GG

VAULTF.O.

6 7

8 9

5a5a 5b



IRRIGATED TURF


EXISTING TREES

66,840 S.F.






182


QTY. HEIGKEY

DECIDUOUS TREES -64













4










3





9

30

9

6



11




14


17


17


15


41


20



18





20


C S







182

115

113



58


24






6



20


10


6


61


36


13

Landscape Plan

8Sheet Number:

WINDSOR, CO


HarmonyGardens

PROJECT TITLE

REVISIONS

ISSUE DATE

SHEET TITLE

SHEET INFORMATION

DATE

SEAL

November 20,2018


DATE

PREPARED FOR


Site Key Landscape Legend

Landscape Schedule

of 74

GAS

GG

GFDC

NATIVESEEDING TO BE





182


QTY. HEIGKEY

DECIDUOUS TREES -64













4










3





9

30

9

6



11




14


17


17


15


41


20



18





20


C S





IRRIGATED TURF


EXISTING TREES

66,840 S.F.



X

X

X

B M

F

ES

G

E

EE


LID

B M

H2O

VAULTELEC

H2O

H2OW

W

T

T

ELECBRKR

V.P.V.P.V.P.

H2O

V.P.

H2O

V.P.

V.P.

V.P. V.P.H2O

CSW S O

H2OH2O

H2O

H2OH2O

H2O

GAS

EE

EE

EE

E EE

EE

E

X X


X

IRR

IRR

IRR

IRR

GG

GG

GG

VAULTF.O.

6 7

8 9

5a5a 5b





182

115

113



58


24






6



20


10


6


61


36


13

Landscape Plan

9Sheet Number:

WINDSOR, CO


HarmonyGardens

PROJECT TITLE

REVISIONS

ISSUE DATE

SHEET TITLE

SHEET INFORMATION

DATE

SEAL

November 20,2018


DATE

PREPARED FOR


Landscape Schedule

Landscape LegendSite Key

of 74

Condi t ional Use GrantH a r m o n y F i r s t A n n e x

G a r d e n C e n t e r w i t h

A g r i c u l t u r a l U s e s

Carlin Malone, Chief Planner

Planning Commission, March 11, 2019

of 74

Condit ional Use Grant

Article VIII of Chapter 16 of the Municipal Code outlines the intent of the

Conditional Use Grant process, including:

Sec. 16-7-10. 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.

of 74

Site Vic ini ty Map

Harmony Rd

WC

R 1

3

of 74

Area Zoning Map

RMU

GC

RMU

Harmony Rd

WC

R 1

3

of 74

Si te

Plan

of 74

Elevat ions

of 74

Landscape

Plan

of 74

Condit ional Use Standards &

Requirements

1. The character and the quality of the area in which the use will be located.

2. The physical appearance of the use, including suitability of architecture, landscaping.

3. Appropriate location of the building or buildings on the lot.

4. Adequate provision of parking, loading and circulation facilities.

5. Potential effect of the use upon off-site vehicular/pedestrian traffic circulation; potential

traffic congestion.

6. Potential effect of the use on storm drainage in the area.

7. Adequacy of planting screens where necessary.

8. Provision of controls to avoid hazardous conditions or eliminate air / water pollutants,

other noxious influences.

9. The general compatibility of the proposed use with the area in which it is to be located.

of 74


Requirements

1. The character and the quality of the area in which the use will be located.

• 121-acre agricultural site

• Agriculture to west, south, east Low to medium density residential to south, east

• Undeveloped tracts to north (The Ridge at Harmony Road Subdivision)

2. The physical appearance of the use, including suitability of architecture, landscaping.

• Greenhouses with wainscot along base and architectural columns adjacent to Harmony

Road

• Existing landscaping, street trees and landscaping along Harmony Road, landscape buffer

adjacent to parking lot

• Compatible with surrounding agricultural uses and nearby residential

3. Appropriate location of the building or buildings on the lot.

• Buildings adjacent to Harmony Road, screen view of parking from west

of 74


Requirements

4. Adequate provision of parking, loading and circulation facilities.

• Parking meets commercial parking standards; loading on sides of buildings.

5. Potential effect of the use upon off-site vehicular/pedestrian traffic circulation; potential traffic

congestion.

• A right turn lane on Harmony Road will be added for east-bound traffic turning onto the access

road leading to the site.

6. Potential effect of the use on storm drainage in the area.

• Drainage plan has been reviewed by staff during site plan review.

7. Adequacy of planting screens where necessary.

• Landscaping along Harmony Road, adjacent to parking, buildings and existing landscaping.

8. Provision of controls to avoid hazardous conditions or eliminate air / water pollutants,

other noxious influences.

• Hazardous materials are not proposed.

9. The general compatibility of the proposed use with the area in which it is to be located.

• Garden center allowed; supporting agricultural uses with CUG; existing agricultural use. of 74

Noti f icat ion

Notifications for this meeting were as

follows:

• February 15, 2019 – affidavit of letter

mailed to property owners within one

hundred (100) feet of site

• February 20, 2019 – property posted

with a notification sign

• February 22, 2019 – legal ad published

in the newspaper

A neighborhood meeting is not required for

this proposal.

No comments received. of 74

Recommendat ion

At their regular meeting of March 6, 2019, the Planning Commission forwarded a

recommendation of approval of the Conditional Use Grant application to the Town Board as

presented with the following condition:

1. Final site plan and development agreement approved by Town Staff prior to building

permit.

of 74

Condit ional Use Grant

Staff requests that the following be entered into the record:

• Application and supplemental materials

• Staff memorandum and supporting documents

• Testimony from public hearing

• Recommendation

of 74

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 970-674-2400 by noon on the Thursday prior to the meeting to make arrangements.

PLANNING COMMISSION

REGULAR MEETING March 6, 2019 / / 7:00 p.m. / / Town Board Chambers

301 Walnut Street, Windsor, CO 80550

MINUTES

A. CALL TO ORDER Chairman Schick called the regular meeting of the Planning Commission to order at 7:00 p.m. 1. Roll Call

The following Planning Commission members were present: Gale Schick Doug Dennison Kelly Hall Victor Tallon Jerry Bushelman

Alternate Cindy Scheuerman Absent Daniel Foreman Absent Travis Yingst Absent Alternate Scott Ready

Town Board Liaison David Sislowski

Also Present: Chief Planner Carlin Malone Deputy Town Clerk Amanda Mehlenbacher

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. Bushelman seconded the motion. Roll call on the vote resulted as follows; Yeas – Schick, Dennison, Hall, Tallon, Bushelman, Scheuerman; Nays – None; Motion carried.

3. Public Invited to be heard. Mr. Schick opened the meeting up for public comment to which there was none.

B. CONSENT CALENDAR*

1. Approval of minutes of February 20, 2019 Mr. Tallon moved to approve the consent calendar as presented; Ms. Scheuerman seconded the motion. Roll call on the vote resulted as follows; Yeas – Schick, Dennison, Hall, Tallon, Bushelman, Scheuerman; Nays – None; Motion carried.

C. BOARD ACTION

1. Public Hearing – Conditional Use Grant – Harmony First Annex – Chris Serbousek, Harmony Gardens, owner/applicant; Kristin Turner, TB Group, applicant’s representative

Quasi-judicial

of 74

of 7

Staff presentation: Carlin Malone, Chief Planner Mr. Sislowski stated with respect to each public hearing on tonight’s agenda, “Mr. Chair, for the record I would like to disclose that I am a sitting member of the Town Board, and that I am here in my capacity as non-voting liaison to the Planning Commission. Although I will be present during this public hearing, I will not be giving my opinion or participating in the discussion. I will not let tonight’s proceedings influence or affect my review of this matter when it comes before the Town Board. I will make my decision at the Town Board level based only on the evidence presented during the Town Board public hearing.”

Ms. Malone introduced the applicant and presented the PowerPoint presentation included in packet material, with the following information. The applicant, Chris Serbousek, represented by Kristin Turner, is requesting a Conditional Use Grant (CUG) to allow a retail garden center with supporting nursery and greenhouses on the Harmony Annex property, a 121-acre property located on the southeast corner of WCR 13 and Harmony Road. The property is zoned GC (General Commercial) and RMU (Residential Mixed Use) which allows garden centers as a commercial use; however the Town’s Municipal Code does not address the agricultural uses that may be associated with a garden center.

The applicant has submitted a site plan application, which has been reviewed concurrently with the CUG request. The site plan information is included with this CUG request.

The property has been master planned for a commercial area within a neighborhood. The proposed uses are intended to be long-term interim uses until the time the market demands higher intensity commercial use of the property, as anticipated and planned with the existing zoning and approved master plan. The proposed CUG would allow the proposed uses, as well as provide a mechanism for the long-term interim use on the property. This conditional use grant considers the uses as well as the design of the greenhouse structures proposed, as the design standards for this area include those of the Town’s Commercial Corridor Plan, which does not address greenhouse structures.

An existing tree farm is located on the northwest portion of the site, located directly southeast of the WCR 13/Harmony Road intersection. The garden center, nursery, and greenhouses would be located east of the tree farm and the site will be accessed from Harmony Road on the northeastern corner of the property, with a road (to be named in the future) extending south from Harmony Road along the eastern boundary of the property, leading to the driveway of the site. The proposed roadway is consistent with the road alignment approved with the master plan for the property and will only serve this property in the interim. Please see the presentation materials for location of the proposed site. If approved, the applicant’s intention is to move his existing business, Harmony Gardens, currently located in Fort Collins on the southwest corner of Harmony Road and Interstate 25, to the subject property.

The conditional use would not have an expiration date. Harmony Gardens is planned to operate for the long-term until the market demands a higher intensity commercial use.

of 74

of 7

Staff recommends that the Planning Commission forward a recommendation of approval of the Conditional Use Grant application to the Town Board as presented with the following conditions:

1. The final site plan and accompanying development agreement is approved by Town Staff prior to building permit issuance.

Staff requests that the following be entered into the record:

Application and supplemental materials Staff memorandum and supporting documents Testimony from public hearing Recommendation

Mr. Schick asked if there was anyone from the audience who wished to speak on this matter. There was none.

Mr. Bushelman moved to close the public hearing; Mr. Tallon seconded the motion. Roll call on the vote resulted as follows: Yeas – Schick, Dennison, Hall, Tallon, Bushelman, Scheuerman; Nays – None; Motion passed.

2. Recommendation to Town Board - Conditional Use Grant – Harmony First Annex – Chris Serbousek, Harmony Gardens, owner/applicant; Kristin Turner, TB Group, applicant’s representative

Quasi-judicial Staff presentation: Carlin Malone, Chief Planner

Ms. Malone stated that this item will go before the Town Board for consideration next Monday, March 11, 2019. Mr. Dennison inquired if this will be located at the same location as the existing tree farm.

Ms. Malone responded that the garden center will be just east of where the trees are located.

Mr. Bushelman inquired if the entire operation will be moved over to this location. The applicant, Mr. Serbousek, stated that the existing location off of Harmony and I-25 will be relocated to this location due to the increase in development in the area.

Mr. Tallon moved to forward a recommendation of approval to the Town Board for a Conditional Use Grant as presented subject to all recommendations and conditions listed by staff; Mr. Bushelman seconded the motion. Roll call on the vote resulted as follows; Yeas – Schick, Dennison, Hall, Tallon, Bushelman, Scheuerman; Nays – None; Motion passed.

3. Determination of Off-street Parking Requirement – Westgate Commercial

Subdivision Lot 2 (4650 Royal Vista Circle) – Chief Cornerstone Properties, LLC, Ryan Behm, owner/applicant; Katy Thompson, Ripley Design Inc., applicant’s representative

Quasi-judicial Staff presentation: Carlin Malone, Chief Planner

of 74

MEMORANDUMDate: March 11, 2019To: Mayor and Town BoardVia: Shane Hale, Town ManagerFrom: Carlin Malone, Chief PlannerRe: Conditional Use Grant (CUG) for Agricultural UsesItem #: C.3.

Background / Discussion: Please see public hearing item material.

of 74

AGENDA - Town of Windsor

Documents

Transcript of AGENDA - Town of Windsor