PLANNING COMMISSION REGULAR MEETING MARCH 21, :00 P.M. Town Board Chambers, 301 Walnut Street, Windsor, CO Minutes

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1 PLANNING COMMISSION REGULAR MEETING MARCH 21, :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 Monday prior to the meeting to make arrangements. A. CALL TO ORDER Minutes 1. Chairman Schick called the regular meeting of the Windsor Planning Commission to order on at 7:00 p.m. 2. Roll Call The following regular Planning Commission members were present: Gale Schick Bob Frank Ken Gerlach David Cox Dan Evans Also present: Town Board Liaison Matthew O Neil Alternate Planning Commission member: Wayne Frelund Mike Payne Director of Planning Joe Plummer Director of Engineering Dennis Wagner Chief Planner Scott Ballstadt Associate Planner Elizabeth Fields Engineer Doug Roth 3. Review of Agenda by the Planning Commission and Addition of Items of New Business to the Agenda for Consideration by the Planning Commission Mr. Frank moved to approve the Agenda as presented. Mr. Gerlach seconded the motion. Roll call on the vote was as follows: Yeas Gale Schick, Bob Frank, Ken Gerlach, David Cox, Dan Evans. Mr. Schick invited Mr. Frelund and Mr. Payne to join the Board for the remainder of the meeting. 4. Public Invited to be Heard There was no public comment. B. CONSENT CALENDAR* 1. Approval of the minutes of March 1, 2012 Mr. Gerlach moved to approve the Consent Calendar as presented. Mr. Cox seconded the motion. Roll call on the vote was as follows: Yeas Gale Schick, Bob Frank, Ken Gerlach, David Cox, Dan Evans, Mike Payne, Wayne Frelund.

2 Page 2 of 8 C. BOARD ACTION 1. Site Plan Presentation Chimney Park Restaurant rear patio improvements Jason Shaeffer, Chimney Park, applicant/justin Larson, VFLA, applicant s representative - E. Fields Ms. Fields stated that the applicant, Jason Shaeffer, Chimney Park Restaurant, represented by Justin Larson, VFLA, is proposing to construct rear patio improvements at the Chimney Park Restaurant, 406 Main Street. Ms. Fields explained that the proposed improvements include a stained and sealed concrete patio, with a small 6 raised wood deck, for the purpose of outdoor seating. Ms. Fields stated that the patio will be fenced with a thirty-six inch (36 ) custom steel and metal panel railing which will incorporate two planter boxes. Ms. Fields continued explaining that a busing station and a new trash enclosure will also be constructed. Ms. Fields stated that should the Planning Commission have any comments or concerns pertaining to this project, they should refer such comments to staff during the presentation so that they may be addressed during staff s review of the project. Ms. Fields stated that the site plan will be reviewed and approved administratively by staff, however, if the project review process reveals issues that cannot be resolved between the applicant and staff, the site plan will be brought back to the Planning Commission for review. Mr. Cox stated that it looked like there will be stairs leading to the roof and asked for more information regarding this. Mr. Justin Larson and Mr. James Gurley expressed their excitement for this project stating that they hope this helps encourage other businesses to clean up and remodel the backs of their building which face the lake. Mr. Larson stated that when they draft up a plan for a project, they ask the client to describe everything that they would like to do, regardless of cost. The project is then broken down into attainable phases for completion. Mr. Larson stated that the rendering does show stairs leading to the roof as the owner has expressed a desire to at some point install a greenhouse on the roof in order to grow the food for the restaurant. Mr. Frank asked about the lighting plan, access from the alley and parking. Mr. Larson stated that all lighting will be full cutoff so that it won t be a distraction for people at Boardwalk Park. Mr. Larson continued stating that parking has always been an issue for all businesses on Main Street, but due to the lot constraints, there is no plan for more parking at this time. Mr. Larson lastly stated that there will be access to the restaurant from the alley with a hostess stand controlling the traffic that comes in from that way. Mr. Schick thanked both Mr. Larson and Mr. Gurley for the improvements and that he also hopes that other businesses will follow their lead. 2. Weld County referral Site Plan Review (SPR ) to Amend SPR-293 to remove ten (10) acres associated with RECX in order to process a Use by Special Review for an Oil and Gas Storage and Transload Facility Clay Drake, Windsor Renewal 1, LLC, property owner/bruce Bowden, Musket Corporation, applicant S. Ballstadt and 3. Weld County referral Recorded Exemption (RECX ) Clay Drake, Windsor Renewal 1, LLC, property owner/bruce Bowden, Musket Corporation, applicant S. Ballstadt

3 Page 3 of 8 Mr. Ballstadt stated that the applicant, Mr. Bruce Bowden, Musket Corporation, and property owner, Mr. Clay Drake of Windsor Renewal 1, LLC, are proposing to amend the existing Weld County site plan known as SPR-293 which was originally approved for Kodak s use of the property. Mr. Ballstadt explained that this amendment proposes to remove approximately ten (10) acres from the existing site plan to allow for Musket Corporation s forthcoming Use by Special Review (USR) to be considered on the same 10 acres. Mr. Ballstadt continued explaining that the related recorded exemption referral proposes to subdivide and create the separate 10 acre parcel. Mr. Ballstadt stated the forthcoming Weld County USR referral is anticipated to propose oil and gas storage and transload facility where crude oil would be transported from oil wells throughout northern Colorado to the site for offload into existing tanks and trains for further transport to refineries by rail. Mr. Ballstadt stated that according to the application materials and traffic study, the proposed facility would consist of a temporary portable trailer for office space and restroom facilities constructed with exterior wood paneling finish. Mr. Ballstadt explained that crude oil truck deliveries would be made to the site each day with trucks leaving the well sites in eastern Colorado at first light and arriving at the facility several hours later. Mr. Ballstadt stated that staff has some concerns to point out for recommendation to the county, the first being the issue of traffic impacts. Mr. Ballstadt stated that the referral materials do not address rail traffic impacts and the Traffic Impact Analysis contains some internal inaccuracies and referred to the specific errors pertaining to access points, haul routes, direction of truck traffic, and others listed in the staff memorandum. Mr. Ballstadt stated that historically all truck traffic to the Kodak campus utilized Kodak Drive which connects the Kodak campus to SH 257. Mr. Ballstadt continued stating that the left turn lanes, deceleration, and acceleration lanes are already in place for such turn movements on SH 257. Mr. Ballstadt stated that the Town of Windsor strongly encourages the use of this existing access for proposed truck traffic. Mr. Ballstadt explained that although the traffic study indicates that no road improvements are recommended as a result of the Musket Corporation project, the Town of Windsor will require the installation of auxiliary lanes on Eastman Park Drive if Litho Plate Drive is used for truck traffic. Mr. Ballstadt stated that another issue pertains to water and sewer utilities. Mr. Ballstadt stated that the referral materials indicate that water is proposed to be provided by the City of Greeley and the recorded exemption referral materials indicate that the Town of Windsor will provide sanitary sewer service, even though the Town has not received a request for such service from the applicant. Mr. Ballstadt explained that Windsor does currently provide sanitary sewer service to all of the surrounding former Kodak buildings, including the adjacent Carestream facilities and buildings now owned by the applicant s parent company, the Broe Group. Mr. Ballstadt pointed out that several sections of the Weld County Code encourage annexation such as Section Urban development Goals and Policies A.UD.Goal 1; C.UD.Goal 3, UD.Policy 3.1; and 3.UD.Policy 3.3. Mr. Ballstadt stated that based upon the aforementioned information, staff recommends that the Planning Commission forward to Weld County a recommendation that the applicants be referred to the Town of Windsor for annexation. Mr. Ballstadt also stated that staff also recommends that the Planning Commission forward this recommendation to the Town Board due to utility service and annexation issues regarding the proposal. Mr. Mike Brake, J.R. Engineering, representing Musket Corporation, stated the 10 acre parcel is under contract for a 5 year lease at this time. Mr. Brake explained the process of the trucks

4 Page 4 of 8 off-loading crude oil onto the staged rail cars for shipping to refineries. Mr. Brake stated that this 24-hour daily process is Phase I. Mr. Brake explained that there was a traffic study done that showed 28 vehicular trips a day. Mr. Brake continued explaining that the traffic study does include some inaccurate information as it showed the trucks coming in from the east on Eastman Park Dr., but then was changed as the applicant realized the difficulty of maneuvering eastbound on Eastman Park Dr. and decided they should utilize the state highway system instead. Mr. Brake stated that the trucks will be traveling on either SH 392 or US 34 and SH 257 and utilizing Eastman Park Dr. to Litho Plate Dr. to get to the site. Mr. Blake stated that Litho Plate Dr. is a more direct road to the site and that the difficulty of maneuvering through the Kodak site via the previous truck route would not be feasible. Mr. Blake stated that the modular trailer offices that will be placed on site will need sewer and water. Mr. Blake acknowledged that there has not been a formal request to the Town but the applicant has been discussing these items with the City of Greeley and will also be talking with the Town of Windsor. Mr. Blake also stated that there is another building on the site that could be used as an office instead of using a trailer. Mr. Schick asked if annexation has been discussed. Mr. Blake stated that he was unsure if annexation had been discussed and added that the topic of annexation would need to be discussed with the owner. Mr. Frank asked if the demolition of buildings and related traffic would interfere with the traffic for the Musket site. Mr. Blake stated that the demolition should be completed before the trucks for the Musket site start running. Mr. Frank then asked about the construction schedule. Mr. Blake stated that construction of the Musket site will begin in May. Mr. Frank asked if it would be possible for the Town of Windsor to provide utilities other than sewer. Mr. Wagner stated that the system is operating in the same manner as when the site was owned by Kodak. Mr. Wagner stated that there is a domestic waste water collection system on the site which is owned by Kodak that discharges into the Windsor system on the south side of the property. Mr. Wagner added that there is a separate industrial sewer system on the site that flows to the Carestream industrial treatment plant. Mr. Wagner stated that the water to the site is provided by Greeley. Mr. Schick stated that because the infrastructure is in place, there should be no problem hooking into the system. Mr. Blake stated that this is not the case because Kodak still owns the existing system. Mr. Ballstadt pointed out that the traffic impacts stated by Mr. Blake pertain to the first phase and asked when Phase II would begin within the 5 year lease. Mr. Blake stated that the 5 year lease is for Phase I and if Musket pursues Phase II it will begin sometime after that. Tom Livingston, neighboring property owner, stated that the impact of this project and the other industrial development on the Broe properties are creating a perfect storm of impacts with three

5 Page 5 of 8 different jurisdictions (Weld County, Greeley and Windsor) being involved. Mr. Livingston stated that the two ninety-degree curves east of Vestas have always been dangerous and he has witnessed several accidents and the increased industrial traffic is exacerbating this safety issue. Mr. Livingston continued by adding that his tenants living on the southern curve have been negatively impacted by the dramatic increase in industrial traffic, pointing out that while he worked outside on the property this past weekend during a four hour period trucks passed every 10 minutes to the Musket site that has yet to be approved. Mr. Livingston stated that the proposed traffic patterns may look great on paper but if truck drivers find a faster and more fuel efficient route that s the route they will take. Mr. Livingston added that, in his opinion, Weld County is trying to fast track this project due to pressure being applied by Broe. Mr. Livingston pointed out that he has been in real estate development for a long time and he is pro-jobs and pro-economic development, but developers need to be held accountable for their impacts. Mr. Livingston stated that Windsor, Greeley and Weld County should require Broe to address the impacts of their development. Mr. Schick thanked Mr. Livingston and added that he made several valid points. Mr. Frank asked if the Town has a copy of the plans for the Kodak sewer system. Mr. Wagner indicated that he had seen some drawings but the Town does not have a copy of the plans. Mr. Frank indicated that it might be a good idea for the Town to develop a plan for taking over the Kodak sewer system in preparation of annexation of the property. The Planning Commission, staff and the applicant further discussed the traffic flow and the access points that the trucks should utilize to enter and leave the site. They discussed the Kodak truck route from SH 257 and staff reiterated that the Town prefers this route instead of Eastman Park Dr. and Litho Plate Dr. Mr. Wagner stated that, even if the property is not annexed at this time, the Town of Windsor still has jurisdiction over Eastman Park Dr. and will make the determination whether or not trucks can use this route or not. Based on staff s recommendation, Mr. Payne made a motion to recommend denial of both applications to Weld County, further recommending that the applicants be referred to the Town of Windsor for annexation, and also recommending that the Planning Commission forward this recommendation to the Town Board due to utility service and annexation issues regarding the proposal. Mr. Frelund seconded the motion. Roll call on the vote resulted as follows: Yeas Gale Schick, Bob Frank, Ken Gerlach, David Cox, Dan Evans, Mike Payne, Wayne Frelund. 4. Public Hearing - Amendments to Chapter 16 of the Windsor Municipal Code regarding outdoor storage uses in the Limited Industrial and Heavy Industrial zoning districts S. Ballstadt Mr. Schick closed the regular meeting and opened up a public hearing. Mr. Ballstadt stated that the proposed amendments were prompted by the recent Man Cave project and other requests proposing outdoor storage in a Limited Industrial zoning district. Mr. Ballstadt continued to explain that the amendments are intended to define enclosed storage and accessory storage and to identify outdoor storage as an allowed use in the industrial zoning districts.

6 Page 6 of 8 Mr. Ballstadt stated that the Town Board directed staff to evaluate the impact the proposed language would have on existing I-L sites with the goal of minimizing the number of nonconforming sites that would be created. Mr. Ballstadt stated that the Town has historically viewed outdoor storage as a Heavy Industrial (I-H) use based upon the fact that the I-H zone is the Town s most permissive zoning district and the Limited Industrial (I-L) zoning district specifically allows enclosed storage facilities as a use by right. Mr. Ballstadt read the proposed definitions of enclosed storage and outdoor storage and showed slides with aerial photographs comparing existing I-L properties and examples of outdoor storage as an approximate percentage of the property. Mr. Ballstadt read the language proposed to be added to the accessory use sections of both industrial districts. Seeing that there were no further requests from the public to be heard, Mr. Frank made a motion to close the public hearing. Mr. Gerlach seconded the motion. Roll call on the vote resulted as follows: Yeas Gale Schick, Bob Frank, Ken Gerlach, David Cox, Dan Evans, Mike Payne, Wayne Frelund. 5. Recommendation to Town Board - Amendments to Chapter 16 of the Windsor Municipal Code regarding outdoor storage uses in the Limited Industrial and Heavy Industrial zoning districts S. Ballstadt Mr. Ballstadt stated that language has been added to address concerns raised about businessowned vehicles and whether they would be considered parking of business vehicles or storage of business vehicles. Mr. Ballstadt stated that the language in Section (c)(5) will allow applicants to designate portions of their outdoor storage areas as parking for licensed business vehicles so that area will not count against their total storage area. Mr. Ballstadt asked the Planning Commission if this parking language should only pertain to company vehicles or should it also apply to equipment. Mr. Schick indicated that he considers heavy equipment to be a heavy industrial use. Mr. Ballstadt stated that based upon research of the existing I-L properties, an appropriate percentage of outdoor storage needs to be determined and staff has left that percentage open for discussion with the Planning Commission following review of the aforementioned slides. Mr. Ballstadt stated that the percentage should strike a balance between those I-L uses that require accessory outdoor storage and those existing I-L uses such as schools, churches, professional offices and others that could be negatively impacted by such storage on neighboring properties. The Planning Commission and staff discussed percentages and the examples that were shown to determine a percentage that would work for most outdoor storage that is already in existence and would still be considered an accessory use to the principal use of the property. Mr. Ballstadt stated that the six to eight properties that didn t meet the percentage would need to be called out specifically as legal uses from the date the amendment was approved. Mr. Schick stated that he feels that somewhere around the 65% of the property being utilized for outdoor storage would cover most of the existing sites and would feel comfortable identifying those existing sites that don t comply as legal uses in the ordinance.

7 Page 7 of 8 D. COMMUNICATIONS Based on staff s recommendation, Mr. Frank made a motion to forward a recommendation of approval of the proposed ordinance with the inclusion of the 65% figure to the Town Board. Mr. Gerlach seconded the motion. Roll call on the vote resulted as follows: Yeas Gale Schick, Bob Frank, Ken Gerlach, David Cox, Dan Evans, Mike Payne, Wayne Frelund. 1. Communications from the Planning Commission Mr. Schick asked staff about term expirations and if any of the terms were about to expire. Mr. Plummer stated that he would check and provide the information back to the Board. 2. Communications from the Town Board liaison Mr. O Neill stated that Town Board passed the ordinance to amend Chapter 16 regarding lighting regulations on second reading as well as a resolution to amend the commercial corridor standards to align with the new lighting standards. Mr. O Neill stated that Town Board also passed three resolutions regarding master design for three parks. Mr. O Neill continued stating that Town Board passed an ordinance designating the Depot a local historic landmark. Mr. O Neill lastly stated that he will not be at the April 5 th Planning Commission meeting. 3. Communications from the staff Mr. Wagner gave a quick overview of a project that will resurface SH 392 from I-25 to 7 th Street, and pointed out that CDOT hadn t planned for the project to extend to 7 th Street but the Town contributed to the project to get the additional work included. Mr. Wagner added that the timeline is spring and summer of Mr. Plummer gave a quick overview of the recently implemented process for HOA s to be able to enter into an agreement with the Town to be notified of new single family permits and also a completed site plan for multi-family projects. Mr. Plummer stated that the State APA conference will be October 3 rd October 6 th. Mr. Plummer stated that he will get more information to the commissioners as it becomes available. Mr. Plummer stated that an application has come in for a proposed use in the I-L zoning district. The proposed use is not specifically listed as a permitted use in the Municipal Code. Mr. Plummer noted that he reviewed the proposed application and determined that the proposal is a similar use, per the definition in the code, but that he has concerns regarding the health and safety issues associated with it. Per the Municipal Code, the proposed use will be presented to the Planning Commission and Town Board for determination on its compatibility. This item will come before the Planning Commission at their April 5, 2012 meeting. Mr. Plummer pointed out that this is quasi-judicial and that the Board should not talk to the public regarding this or seek out any information before the meeting. Mr. Cox stated that he will not be at the April 5 th meeting.

8 Page 8 of 8 E. ADJOURN CERTIFICATION Mr. Frank moved to adjourn the meeting. Mr. Cox seconded the motion. The meeting was adjourned at 8:46 p.m. Approved by the Windsor Planning Commission on the 5th day of April, Submitted By: Joy Liberty-Anglado Recording Secretary