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Home My WebLink About20121354.tiff • X861 MEMORANDUM !� i- 'IP r i G Ou.ttrf TO: Tom Parko, Planning Services DATE: April 23, 2012 FROM: Donald Carroll, Engineering Administrator SUBJECT: USR12-0005, Windsor Renewal I LLC The Weld County Public Works Department reviewed the submitted application for critical items, including but not limited to Site Plan, Traffic Study, Preliminary Drainage Report, Geotechnical Soils Report, and Flood Hazard Development Permit. Comments made during this stage of the review process will not be all inclusive; as revised materials are submitted other concerns or issues may arise. All issues of concern and critical issues during further review must be resolved with the Public Works Department. Project Description: USR12-0005 is the proposed Musket Transload facility located on the property previously owned by Kodak. The project will include oil tanker trucks offloading oil to train tank cars. COMMENTS: • All of Lot A and a portion of Lot B lies in a Special Flood Hazard Area (SFHA) defined by the Federal Emergency Management Agency (FEMA). This SFHA is delineated on the current effective Flood Insurance Rating Map (FIRM), panel number #080266-605D, dated September 27, 1991 and updated by the FEMA approved Physical Map Revision dated December 14, 2009. Portions of lots located in the current effective FEMA 100-yr floodplain may not be buildable. FHDP-766 has been conditionally approved for the subject parcel. Traffic Impact Analysis: The updated traffic study, dated April 2012, did not address staff comments pertaining to relocation of the truck route from Litho Plate Drive to Kodak Road. Therefore, the bolded comments still need to be addressed by the applicant. Eastman Park Drive is annexed into the Town of Windsor and is maintained by Windsor. The Town of Windsor Roadway Classification Map identifies this road as a minor arterial requiring 130' of right-of-way. For the purpose of meeting Weld County's setback requirements and pursuant to the definition of SETBACK in the Weld County Zoning (23-1-90), the required setback is measured from the future right-of-way line. The applicant shall delineate or dedicate an additional 25 feet of right-of-way parallel to the CR 66 (Eastman Park Drive) right-of-way to accommodate future arterial road build-out per Windsor requirements. S2012-1354 C:\Documents and Settings\tparko\Local Settings\Temporary Internet Files\Content.lE5\HB7KSSY0\USRI2-0005[11.docx Weld County Public Works has received a Traffic Study for SPR12-0001 Windsor Renewal • prepared by Jeff Ream of with Felsburg, Holt & Ullevig. After reviewing the submitted traffic study and visiting the project site Public Works has the following comments: - This industrial subdivision encompassing both Windsor and County jurisdictions doesn't have a Master Transportation Plan for current and future development. With the limited number of options for traffic patterns, the Town of Windsor and Weld County should work with the developer and property owners to address this issue by developing a comprehensive transportation plan to avoid piece meal transportation improvements. - -The study identifies a posted speed limit of 35 mph and the Town of Windsor has posted Eastman Park Drive at 45 mph. - The applicant is proposing up to 94 truck trips carrying crude oil per day and 12 passenger vehicle trips per day. This project will produce 106 round trips per day or 212 trips per day from Litho Plate to Eastman Park Drive. Litho Plate was not constructed to accommodate truck traffic and has not been regularly maintained. The developer would need to demonstrate this road can accommodate truck traffic and the Town of Windsor would be willing to accept the traffic to Eastman Park Drive. - Truck traffic from previous developments in this industrial subdivision were restricted to Kodak Road to access to SH 257. Since the traffic study identifies using designated hazardous materials routes in the area, including SH14 and • SH 257, the trucks should utilize Kodak Road to reach SH 257 from the transload site. There is existing infrastructure in place to accommodate truck traffic at that intersection including auxiliary turn lanes and adequate turning radii. Therefore, the applicant shall use this truck route for their proposed traffic. If the applicant would like to pursue utilizing Litho Plate, the access road shown within the traffic study, roadway improvements will be required, as well as access approval from the Town of Windsor since those improvements would be on their roadway. Such improvements could include, but are not limited to 60' turning radii, acceleration and deceleration lanes, Great Western Railway crossing improvements, and other roadway improvements to Eastman Park Drive and the intersection of CR 23 & SH 392. - No parking or staging of vehicles on the county road is allowed. Use on-site parking area. - The Colorado Department of Transportation (CDOT) has jurisdiction over all State highways. Please contact Gloria Hice-Idler at the Greeley office (970-350-2148 or 970-350-2163) to verify if any improvements will be required on SH 392 and SH 257 to accommodate traffic from this facility. Drainage: Based on the proposed configuration of the transload facility, it appears that stormwater runoff will be captured within the containment areas associated with the proposed project. Therefore, no water quality capture feature is required. • C:\Documents and Settings\tparko\Local Settings\Temporary Internet Files\Content.IE5\HB7KSSY0\USRI2-0005[1].docx Floodplain: • The project location is located partially within the John Law Ditch Special Flood Hazard Area (SFHA), also known as the 100-year floodplain. The project location is designated as Zone AE and Zone A (shallow flooding) on the Physical Map Revision Floodplain Maps. The revised floodplain maps update the original John Law Ditch floodplain shown on Flood Insurance Rate Map (FIRM) Panel 080266-0605D. These floodplain designations indicate there are published base flood elevations (BFEs) on the FEMA approved Physical Map Revision dated December 14, 2009. 1. Show and label the boundaries of the 100-year floodplain on the Plat. The floodplain boundaries as approved in FEMA's Physical Map Revision shall be utilized as the approved floodplain boundary. Grading Permit: More than 1 acre is proposed to be disturbed; therefore, a grading permit is required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. Improvements Agreement: An Improvements Agreement will be required for on-site or off-site improvements; collateral may be required (Haul Route). Development Standards: • Please add the following development standards to the plat: 1. Pursuant to Chapter 15, Articles I and II of the Weld County Code, if noxious weeds exist on the property or become established as a result of the proposed development, the applicant/landowner shall be responsible for controlling the noxious weeds. All vegetation, other than grasses, needs to be maintained at a maximum height of 12 inches until the area is completely developed. 2. No parking or staging of vehicles on the county road is allowed. Use on-site parking area. 3. If more than 1 acre is to be disturbed, a grading permit will be required prior to the start of construction. The grading permit application must contain: an erosion and sediment control plan, a grading plan, installation details of all BMPs to be utilized, typical installation and maintenance notes for all BMPs to be utilized, and a copy of the approved CDPHE stormwater permit. 4. The historical flow patterns and run-off amounts will be maintained on site in such a manner that it will reasonably preserve the natural character of the area and prevent property damage of the type generally attributed to run-off rate and velocity increases, diversions, concentration and/or unplanned ponding of storm run-off. 5. The applicant must take into consideration storm water capture/quantity and provide accordingly for best management practices. • C:\Documents and Settings\tparko\Local Settings\Temporary Internet Files\Content 1E5\HB7KSSY0\USRl2-0005[1].docx 6. Weld County will not maintain on-site drainage related areas or medians. This must be • addressed by the property owner. 7. WARNING: LOTS MAY NOT BE ELIGIBLE FOR BUILDING PERMITS DUE TO FLOODPLAIN OR FLOODWAY DESIGNATION. Please be advised that owners of Lots A and B may not be able to obtain building permits to construct structures. All construction or improvements occurring in the floodplain as delineated on Federal Emergency Management Agency FIRM Community Panel Map #0802660-605D dated September 27, 1991 and updated by the FEMA approved Physical Map Revision dated December 14, 2009, shall comply with the Flood Hazard Overlay District requirements of Chapter 23, Article V, Division 3 of the Weld County Code and all applicable FEMA regulations and requirements as described in 44 CFR parts 59, 60, and 65. 8. Flood hazard development permits will be required for future development activities located within the FEMA mapped John Law Ditch Floodplain. The FEMA definition of development is any man-made change to improved or unimproved real estate, including by not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, drilling operations, or storage of equipment and materials. 9. The installation of any septic system within the 100-year floodplain shall comply with the Weld County I.S.D.S. Floodplain Policy. In accordance with the State of Colorado I.S.D.S. Regulations, no septic system shall be installed within the floodway. 10. FEMA's floodplain boundaries may be updated at any time by FEMA. Prior to the start of any development activities, the owner should contact Weld County to determine if the • floodplain boundaries have been modified. 11. Off-street parking spaces including the access drive shall be surfaced with gravel, asphalt, concrete or the equivalent and shall be graded to prevent drainage problems. • C:\Documents and Settings\tparko\Local Settings\Temporary Internet Files\Content IE5V-IB7KSSY0\USR12-0005[1].docx • '861 MEMORANDUM TO: TOM PARKO, PLANNING SERVICES Ik__COUNTY FROM: MARY EVETT, ENVIRONMENTAL HEALTH SUBJECT: USR12-0005 DATE: APRIL 27, 2012 Environmental Health Services has reviewed this proposal for crude/condensate transloading facility. Crude oil will be brought to the site via truck transport, pumped either into staged rail cars for offsite shipment, or into storage tanks for future loading onto rail cars. There is an office trailer proposed for the site. Water will be provided by City of Greeley. There is a sewer within 400 ft. of the facility that is served by the Town of Windsor. The applicant is requesting a variance to install a septic system as an alternative to connecting to sewer. Weld County code Section 30-2- 40 G(3) states "Except as provided in this Chapter, no individual sewage disposal • system permit shall be issued to any person when the subject dwelling, place of business or institution is located within four hundred (400) feet of a sewer line of a municipality or special district which provides public sewer service, except where such sewer service to the structure is not feasible in the determination of the municipality or special district." On April 30, 2012, staff spoke with Dennis Wagner, Engineer, Town of Windsor, who informed that the sewer is a gravity collection sewer for domestic waste for the Kodak facility. The sewer connects to a lift station owned by the Town of Windsor. The Town of Windsor provides sanitary sewer service to all of the surrounding former Kodak buildings, and is able to serve this proposed transload facility. Staff also spoke with Scott Ballstadt, Town of Windsor Planning Department, who forwarded the Town's referral letter, dated April 25, 2012, concerning sewer service and annexation. Environmental Health Services recommends that the applicant work with the Town of Windsor and Kodak for approval to connect to the available sewer. The applicant submitted an air permit application to the Colorado Department of Public Health and Environment, Air Pollution Control Division and is pending approval. The applicant will need to submit a copy of the air permit when approved. We have no objections to the proposal; however, we do recommend that the following conditions be part of any approval: We recommend that the following requirements be met prior to allowing the plat to be • recorded: • 1. The applicant shall attempt to address the Town of Windsor concerns in their referral letter dated April 25, 2012. 2. The applicant shall submit a dust abatement plan, detailing on site dust control measures, for review and approval, to the Environmental Health Services, Weld County Department of Public Health & Environment. 3. The applicant shall submit evidence of an Aboveground Storage Tank permit from the Colorado Department of Labor and Employment (CDL&E), Oil Inspection Section for any aboveground storage tanks located on the site. Alternately, the applicant can provide evidence from the (CDL&E), Oil Inspection Section that they are not subject to these requirements. 4. A signed copy of the Spill Prevention, Control and Countermeasure Plan shall be provided to Environmental Health Services Division of the Weld County Department of Public Health & Environment. In accordance with Section 3-6-1 of the Colorado Department of Labor and Employment Division of Oil and Public Safety Storage Tank Regulations (7 C.C.R. 1101-14) as well as EPA regulations (40 CFR Part 112). 5. The applicant shall submit evidence of a Colorado Discharge Permit System • (CDPS) from the Water Quality Control Division of the Colorado Department of Health and Environment for any proposed discharge into State Waterways, if applicable. 6. The applicant shall submit a waste handling plan, for approval, to the Environmental Health Services Division of the Weld County Department of Public Health & Environment. The plan shall include at a minimum, the following: 1) A list of wastes which are expected to be generated on site (this should include expected volumes and types of waste generated). 2) A list of the type and volume of chemicals expected to be stored on site. 3) The waste handler and facility where the waste will be disposed (including the facility name, address, and phone number). We recommend that the following requirements be incorporated into the permit as conditions that must be met one month prior to construction activities: 1. The applicant shall submit evidence of a Colorado Discharge Permit System or CDPS permit from the Colorado Department of Public Health and Environment (CDPH&E), Water Quality Control Division, to cover stormwater discharges from • 2 construction sites (5 CCR-1002-61). Alternately, the applicant can provide • evidence from CDPH&E that they are not subject to the CDPS requirements. We recommend that the following requirements be incorporated into the permit as development standards: 1. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. 2. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S., as amended. 3. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. 4. The applicant shall operate in accordance with the approved "waste handling plan", at all times. • 5. The applicant shall comply with all provisions of the State Underground and Above Ground Storage Tank Regulations. 6. Fugitive dust and fugitive particulate emissions shall be controlled on this site. The facility shall be operated in accordance with the approved "dust abatement plan", at all times. 7. This facility shall adhere to the maximum permissible noise levels allowed in the Industrial Zone as delineated in Section 14-9-30 of the Weld County Code. 8. Adequate drinking, handwashing and toilet facilities shall be provided for employees and patrons of the facility, at all times. 9. The facility shall utilize the existing public water supply (City of Greeley). 10.The facility shall utilize the existing municipal sewage treatment system (Windsor). 11.The Spill Prevention, Control and Countermeasure Plan shall be available on site, at all times. • 3 12.The facility shall be constructed and operated to ensure that contamination of soil . and groundwater does not occur. 13.Any petroleum contaminated soils on the facility shall be removed, treated or disposed of in accordance with all applicable rules and regulations. 14. If applicable, the applicant shall obtain a stormwater discharge permit from the Colorado Department of Public Health & Environment, Water Quality Control Division. 15.The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. • 4 lea OF WINDJDB • tot COLORADO April 25, 2012 Mr. Tom Parko, Planning Manager Weld County Department of Planning Services 1555 N 17th Ave Greeley, Colorado 80631 Subject: Weld County referral— Use by Special Review(USR12-0005)- Musket Corporation/Windsor Renewal 1, LLC Dear Tom, The Windsor Town Board reviewed the Windsor Planning Commission's recommendation regarding the abovementioned proposal at their regular meeting of April 23, 2012. The Town Board concurs with the Planning Commission's recommendation. However, additional information from the Town Manager, Town Attorney and applicant was presented to the Town Board regarding discussions that may potentially lead to resolution of some of the issues raised in this recommendation. Based upon this potential, the Town and applicant will continue to discuss and will apprise Weld County of any progress that may be made. • The Town previously provided referral responses to Weld County regarding SPR12-0001 (amended Kodak's site plan), RECX12-0013 (created 10-acre parcel) and SPR12-0003 (loop rail extension) and,although those applications may have been viewed simply as precursors to the present USR, each of those referrals raised their own separate issues that require further consideration. Therefore, the comments contained herein pertain to the cumulative impacts of the subject USR application and the aforementioned applications. The subject property is located within the Town's Growth Management Area (GMA) and is contiguous to the Town's corporate limits. The subject USR proposes direct access to Town of Windsor streets and further proposes that the Town of Windsor provide sanitary sewer service. Use by Special Review Questionnaire Response#2, Goal 2 states, "Conceptual discussions of annexation into the Town of Windsor have occurred." The applicant has not discussed annexation with the Town. Water and Sewer Utilities: The referral materials indicate that water is proposed to be provided by the City of Greeley. The referral materials state in Use by Special Review Questionnaire Response#5, "...sanitary sewer service will be provided by the Town of Windsor utilizing existing infrastructure owned by Kodak...". The applicant has not submitted a request for sanitary • sewer service to the Town. 301 Walnut Street •Windsor, Colorado •80550 • phone 970-674.2400 •fax 970-674-2456 www.windsorgov.com • However,Windsor currently provides 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), and the proposed facility is also located within the Town of Windsor's sewer service area as depicted in the North Front Range Water Quality Planning Association's Areawide Water Quality Management Plan (208 Plan). The applicant needs to clarify how sewage from the proposed site will be treated (both domestic and industrial)and provide documentation of any necessary agreements and/or approvals for treatment of sewage. Traffic Impacts: The referral materials do not address rail traffic impacts. The Traffic Impact Analysis contains some apparent conflicts with the submittal package and inaccuracies specifically as follows: (1) Figure 2 (page 3) of the report does not depict the truck route access to the public street network so the proposed direction of travel to and from the site is unclear. All of the trip generation and text in the report indicate that traffic is coming from the west and exiting to the west on Eastman Park Drive. The truck haul routes need to be clearly identified and documented. (2) Page 4 of the report states the posted speed limit on Eastman Park Drive is 35 mph. However, the actual posted speed is 45 mph. (3) Page 15 of the report states that the Town of Windsor Comprehensive Plan • indicates that the future width of SH 257, Crossroads Blvd., and Eastman Park Drive will be four (4)through lanes. However, Eastman Park Drive is planned to be two (2)through lanes rather than four(4). The Traffic Impact Analysis indicates that Musket will generate approximately 212 daily trips (page 7). According to the CDOT Access Code 2.3(4) (e), "Unless specifically noted, all criteria in the Code are based on automobile operations and performance. To allow for the impact of larger trucks, buses and recreational vehicles, "passenger car equivalents"shall be determined. A passenger car equivalent of 3 for each bus and all trucks and combinations of 40 feet in length or longer, or a passenger car equivalent of 2 for each vehicle or combination at or over 20 feet in length but less than 40 feet shall be used for these purposes." However, the traffic study does not count each truck as 3 passenger car equivalents when analyzing the traffic. Therefore the study appears to account for only one third of the passenger car equivalents. The traffic study indicates that SH 257, SH 14 and US 34 will be utilized as haul routes, as those are the designated hazardous materials hauling routes in the area (page 9). The analysis also indicates that 80 percent of truck trips will be to the north (page 8). The Town understands that, based upon clarification from Felsburg, Holt and Ullevig who prepared the analysis, truck traffic related to this USR will travel east of SH 257 on SH 392 and not west through downtown Windsor. These haul routes need to be clarified and memorialized in the Traffic Impact Analysis, as well as in development agreements which provide for penalties for non-compliance up to and including revocation of project approval. • • The Town of Windsor is opposed to truck traffic associated with the proposed USR12- 0005 accessing Eastman Park Drive via Litho Plate Drive. The original Kodak plant site was not designed with Litho Plate Drive serving truck traffic. The oil trucks should use Kodak Drive, which has direct access to SH 257, and has historically been the designated truck route for the Kodak plant. Left turn lanes, acceleration and deceleration lanes already exist at the intersection of SH 257 and Kodak Drive. Eastman Park Drive already carries significant truck traffic from businesses such as Metal Container Corporation, TMSI, Owens-Illinois, Hexcel, Vestas and Front Range Energy that have no alternative way to get to SH 257 and future development in Great Western Industrial Park will also need to use Eastman Park Drive. Master Drainage Plan: The Town has serious concems about the impact of the rail on the future construction of a large drainage channel identified in the Town's Drainage Master Plan. As stated in the referral materials, the loop railroad is located in the John Law Floodplain. The drainage channel generally follows the John Law Floodplain. Question #14 in the Weld County questionnaire requests an explanation of how the development proposal is compatible with future development of the area as projected by the Comprehensive Plan or Master Plan of affected municipalities. The Town of Windsor's Comprehensive Plan specifically includes the following policy: "Require all developments to design and construct drainage facilities in accordance with Windsor's Storm Drainage Master Plan." The Town of Windsor adopted the Storm Drainage Master Plan in 2003. • In 2007, at the request of the Great Western Development Company(a Broe Company, as is Windsor Renewal 1, LLC), the planned location of the drainage master channel was moved to a location along the corridor between Kodak and the Great Western Industrial Park. The master drainage channel was then taken through hydraulic modeling and final design at this location at a cost to the Town of$148,000 (attached is an overall plan of the channel). Adding three rail crossings over the channel alignment will greatly add to redesign and construction costs. Broe owned the land at the time they proposed the channel relocation (see attached minutes of September 12, 2007 Water and Sewer Board meeting) and they remain the current owner of the property. However, the design of the proposed loop railroad completely ignores the master drainage channel design and location. Any approval of the loop railroad needs to be contingent on addressing design conflicts with the Drainage Master Plan channel design. Additionally, approval should be contingent upon an agreement requiring the railroad to absorb all costs associated with design, railroad review/permitting and construction of any future rail crossings when the channel is constructed. Due to the fact that(a)the Town of Windsor has already invested $148,000 in the design of a planned drainage channel in a location that was mutually agreed upon between the applicant and the Town, and (b)the applicant's change in plans associated with the proposed loop rail will cause the drainage channel to require redesign, the applicant shall: • • (1) Address all design conflicts with the Town of Windsor Drainage Master Plan channel design solely at applicant's expense. (2) Agree to either (a) absorb all costs associated with design and construction of any proposed, existing or future rail crossings of the currently designed channel once it is constructed; or(b) to propose an alternative channel alignment acceptable to the Town and provide final design drawings and associated floodplain study for alternative alignment. (3) Agree to waive all fees that the railroad would typically charge the Town for review, permitting and construction of any future channel crossings. Containment: (1) The truck off-loading area will require concrete secondary containment capable of containing 110% of the contents of the largest vessel. (2) The pump area will require concrete secondary containment capable of containing 110% of the contents of the largest vessel. The pump area could use High Density Polyethylene (HOPE) liner as long as there are berms capable of containing a spill and a sump that diverts a spill to the tank storage area. (3) The tank area will require concrete secondary containment capable of containing 110% of the contents of the largest vessel. (4) All other tanks and off-loading areas must have containment walls to capture 110% of any potential spillage in those areas. (5) The existing wall around the 2 existing tanks must be high enough to not only contain 110% of the volume stored in those tanks but the wall needs also to be at least 2 feet higher than the 100 year flood elevation. (6) Musket needs to address any areas where spillage of petroleum can occur so that water runoff cannot be allowed to go into the sanitary sewer which flows to Windsor's wastewater treatment plant because petroleum will destroy the microorganisms in the treatment process and therefore render the plant inoperable. (7) The northern tank that is proposed for oil storage is apparently damaged and contains a crack that will need to be repaired and inspected by the appropriate authorities. (8) The applicant shall address all concerns of Windsor-Severance Fire Rescue. Weld County Code: The Weld County Code encourages annexation of such properties and utilization of urban services such as in the below examples: Section 22-2-40. Urban development Goals and Policies states: A. UD.Goal 1. Concentrate urban development within existing municipalities, an approved Intergovernmental Agreement urban growth area, the Regional Urbanization Areas, County Urban Growth Boundary Areas, Urban Development Nodes or where urban Infrastructure Is currently available or reasonably obtainable. C. UD.Goal 3. Until Intergovernmental Agreements are in place with a particular municipality, define a standard County Urban Growth Boundary as a one- quarter-mile perimeter around the municipal limits that are currently • • physically served by central sewer(whether by the municipality or other recognized agencies).. 1. UD.Policy 3.1. In the absence of an Intergovernmental Agreement urban growth area, the County recognizes a County Urban Growth Boundary. 3. UD.Policy 3.3. Inside the County Urban Growth Boundary, urban-type uses and services are planned and supported, and annexation is encouraged. The surrounding Kodak, Carestream and former Kodak facilities are all currently served with Town of Windsor sanitary sewer. Summary: The Town of Windsor, Weld County and Great Western Development Company have worked together with great success to attract companies such as Owens-Illinois, Front Range Energy and Vestas to the Great Western Industrial Park. The Town annexed the Great Western 2o° 3rd and 4th Annexations, which encompasses the subject property, in early 2007 and since that time the Town and Great Western Development Company have incrementally installed infrastructure to serve the needs of each respective user. Now that portions of the Kodak property are being proposed for redevelopment, those projects should be incorporated into the Great Western Industrial Park so that they may be reviewed comprehensively rather than in a piecemeal fashion in terms of the cumulative needs and impacts of the entire industrial park. Therefore, based upon the referral materials and the aforementioned information, the • Windsor Town Board and Planning Commission recommend that Weld County deny the proposed USR and refer the applicants to the Town of Windsor for annexation. The Town will keep Weld County apprised should on-going discussions between the Town and the applicant result in resolution of any of the aforementioned issues, Thank you for the opportunity to review this proposal. Please let me know if you have any questions. Sincerely, Scott Ballstadt, AICP Chief Planner Enclosures: 9/12/07 Windsor Water and Sewer Board minutes; Law Basin Master Drainage Channel Plan; and PowerPoint slides pc: John Vazquez, Mayor Gale Schick, Chairman, Planning Commission Kelly Arnold, Town Manager Joseph Plummer, AICP, Director of Planning Clay Drake, Windsor Renewal 1, LLC, property owner Bruce Bowden, Musket Corporation, applicant • • WINDSOR WATER AND SEWER BOARD REGULAR MEETING September 12, 2007 A. CALL TO ORDER: 1. ROLL CALL: Chairman Kenton Brunner called the regular meeting of the Water/Sewer Board to order Wednesday, September 12th at 6:30 a.m., held in the Conference Room at Town Hall, 301 Walnut Street, Windsor, Colorado. The following Board members were present: Kenton Brunner, Chairman Jack Goodell, Vice Chairman Steven Birdsall Dan Evans Ryan Duve Roger Young Also Present: • Richard Drake, Town of Windsor Liaison John Holdren, Town of Severance Liaison Staff Present: Dennis Wagner, Director of Engineering Doug Roth, Civil Engineer Michelle Booren, Secretary 2. PUBLIC INVITED TO BE HEARD: There were no members of the public present. 3. APPROVAL OF THE MINUTES: Minutes of the August 8, 2007 meeting were reviewed. Roger Young moved to approve the minutes of the August 8, 2007 meeting as written. Dan Evans seconded the motion. All members present voted Aye. Motion carried. • Water and Sewer Board September 12, 2007 • Page 2 of 4 4. LAW BASIN DRAINAGE CHANNEL ALIGNMENT ALTERNATIVES Great Western Development, in conjunction with the Town, is working on finalizing the Law Basin Drainage Channel alignment from the Poudre River north to the railroad on the north side of Eastman Park Drive. Mr. Dennis Wagner, Director of Engineering, gave background information on the basin, stating that back in 2003, the Town wrote and adopted a Master Drainage Plan and that there are several basins in the Growth Management Area. One major future improvement identified by the Master Drainage Plan is the Law Basin Drainage Channel that is proposed to extend from SH 392 (between WCR 19 and WCR 21) south to the Poudre River. During development of the Master Drainage Plan, Kodak owned a large portion of land immediately east of their facility. Kodak reportedly expressed that they had no intention to develop this vacant parcel of land. The original conceptual layout of the Channel placed it about 1/8 mile east of the Kodak plant site. Since the completion of the Drainage Master Plan, Great Western Development acquired the vacant land from Kodak. All the land south off Eastman Park Drive between WCR 23 and the eastern property line of Kodak is being developed into the Great Western Industrial Park. The original alignment of the Channel bisects the Great Western Industrial Park. • The following guests were in attendance to answer questions and or concerns regarding the alignment alternatives: Mr. Tim Kent, Great Western Industrial Park, Mr. John Lyda, Great Western Industrial Park, and Ms. Shar Shadowen, TST Inc., Mr. Fraser Walsh, TST, Inc., Mr. Paul Dahlgren, Kodak, Mr. David Andre, Kodak, Mr. Bob Dinges, Kodak and Mr. Chris Pauley, Anderson Consulting Engineers, Inc. Mr. Tim Kent, Project Director for the Industrial Park at Great Western Development, addressed the Board regarding Great Western's approach to the Town, to determine if it is feasible to locate the Channel a quarter mile east or west of its current conceptual alignment with the western alignment being the developer's preferred alternative, eliminating a number of expensive Channel crossings. Great Western was given approval by the Town to submit a proposed alternative alignment. For the Board's information, a summary of costs was handed out regarding the differences between the 2003 and 2007 costs estimated for the original Master Drainage Plan channel downstream of the C&S (Great Western) Railroad. The 2007 structure costs were approximately $1.5 million higher as a result of three additional crossings which were not anticipated in the 2003 estimate: a) the Vestas RR Spur: b) Crossroads Blvd.; and c) the Lot Access. The 2007 Land Acquisition costs were approximately $1.3 million higher than the 2003 estimate primarily as a result of using $2.50/SF (Improved Industrial) and $1.00/SF (Unimproved) unit pricing verses • the $0.22/SF (Residential Unimproved ($10,000/AC)) prices utilized in the 2003 Master Drainage Plan. Water and Sewer Board September 12, 2007 • Page 3 of 4 Great Western has consulted with TST Consulting Engineers to develop and evaluate alternative alignments. TST prepared an alignment alternative analysis for the Law Drainage Basin 10-year Master Plan Channel within the Great Western Industrial Park. This report evaluated the original Master Plan Alignment and two alternative alignments. A copy of this report was also forwarded to Anderson Consulting Engineers (ACE) for review. ACE is the consultant who developed the Drainage Master Plan for the Town, therefore, qualified to determine if the proposed alignment achieves the Drainage Master Plan Goals. Mr. Chris Pauly, Project Manager of Anderson Consulting Engineers, Inc. stated that ACE had completed the review of the Alternative Analysis for Great Western Industrial Park Section of the Master Drainage Plan Channel and that based on the information presented in the Alternative Analysis report believed that the recommendations presented in the report will meet the intent and function of the Law Drainage Channel in the adopted Master Drainage Plan for the Town of Windsor. The proposed channel alignment along the western boundary of the Great Western Industrial Park property provides the most direct alignment to the Poudre River and generally follows the middle of the updated Law Basin Floodplain. ACE believes technical issues associated with the preferred alignment are minor in nature and can be addressed during preliminary and final design stages. These issues include: a) routing through or around local detention ponds on the north side of Eastman Park in order to maintain the detention ponds functionality, and b) erosion issues associated with the transitions around the • "Kodak Restriction", which will be addressed during project design. No action required by the Board: Recommendations for information only. 5. COMMUNICATION FROM STAFF: Mr. Dennis Wagner, Director of Engineering presented usage for the months of June and July. The figures for August include planned usage at 86.0 million gallons: actual usage at 82.6, leaving a differential of 3.4 million gallons. 7. COMMUNICATION FROM THE BOARD: Steven Birdsall stated a point of interest; Fort Collins-Loveland Water District will be dismantling the 300 thousand gallon tank in the next few weeks. Tank will be removed as there is no need for the excess storage. Dan Evans commented on the maintenance of detention ponds, and how the water quality specialist in Loveland maintains these records. He stated forms are sent out annually, for ponds to be inspected and information returned to be entered into a data base. Mr. Wagner stated that staff will be working on building a database/GIS for the same procedure and welcomes any additional information on this procedure. • Water and Sewer Board September 12, 2007 • Page 4 of 4 ADJOURN. Steven Birdsall moved to adjourn the meeting. Jack Goodell seconded the motion. Motion carried unanimously. There being no further discussion, the meeting adjourned at 7:40 am. 8. CERTIFICATION. Approved by the Windsor Water/Sewer Board on thelOth day of October 2007. 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IL : . -- , i- , ..,' gel' -. . .. , v.z._t_ . - .. ;- • r '- ' • • 1 '_ r 4 .� , , `ter' M y h 0.,' . :1 II u n • . 45 `Y.A• u n w kV .414.\ I�F \�-�. El 2 1\C R.�� w g 4v. w . 11tjyiAriita 3 kit% • • • "i` • r 1 .• . 7‘.. %VP , OlittkSubject ,� II; `�' a ►: v c t siv', �i R.0 J . Property _ 11 ,, rev, h ` v. _ ._t . ll 1.rIit 4III . I .1 LIGIAD . ..rl—..d..—.a /--,,..:,27.;r.,-..t.— `t `�`',, '. .• \ .\ , 9 L-(o . 11 1 ..�..IT r.a.prr -110.pat r_r.... IBM Car L410 A+. i \ `-., \, \ \ -T IN ca .ca,4..ca... \ sy.le 1..I...J ill t111.M..rt MIc.w tna Dan 11.u•.— • 1MM..CD,.aria .N7 'nal ®fayl. C) AnnulEnv. 1 4 14444:441‘hat the IMI Ic a all Cant A.t. vCa(CACO TOWN OF MOW roll N OF iiMDSOR. CO tabLAND USE MAP 1 • • isiiii Musket Corp. Site Plan COLORADO WINDSOR TRANSLOADING FACILITY I """ - i i RDDRR INDUSTRIAL PARK _ I WINDSOR.COLORADO' ,/\ ' ii ��- .I /f / - _•_ ii 7__ / t, Ir azlt :t / I ,,.,.._ � �'&72 4% ''�'� �. . W._ _� —_: I _....nu...—.. ^s ! i 111 ,54 ar "'� I i-,:::,---- , I -- __• '141 R��.r ...e ..._=.o_ I r - - m...- • • 1OWN OF WINDSOR gas Windsor Sanitary Sewer COLORADO Musket Site Great Western Industrial Park (Windsor) Windsor Sanitary Sewer Mainlines x I �'Yj IIUWANU SNfT IAV .UP/'�F I BOO T • L' IL 1 :009-1010 LE'1A Imagery * 1000.LL • • ioWNOFWINDSOR Windsor' s North Front Range Water Quality eat cmoa$DO Planning Association 208 Boundary 2J 1 2, !P 1- .. 24 19 twin r. ^ • �1, 2-` 2, ) , 2 JC sA 35 3 31 ) :2 r 33 .. Si M . am L'N Cal2 i+NsV t N. it-Pi c„.....-e— if," y t11 VRe rJ s 1 6 V i\ -/ a �L H --k, —---. —1 ( \aln• ,.._ ,4L 12 7 at A • 10 r11 !7 R 7 _ 13 .1 I "s��` 2 / 22 2J 24 c r'� 11 'l GST4y�NfMKM 2�. � JO 78 `7�- - § Musket di :26 31 1 i 33 i 34 . Mil7<rdi 31 r WM 16N Site ,• Too ! 6 2 t a P 1 i >-7 k_t 0 \\111,04/2 Tnwnww Mania V ��-7 WINDSOR ■ v., �r WN(1s(M , 1JVELANJ n ' a fWI. I 'man s J j s R LJVELAIN CJU INS 0 J JVOIL.W 0 7 f 0 man .' ONEEICT Q IEVEMN It I log al nM.arJV.N a &stn.ran Cal*AS.1 Math ION • i 1pWN OF WINDSOR tit COLORADO Vicinity N V` a A. REA M OR µ OR m '✓ Diamond M o ; p N Valley oR 4 G Polk w Winds*); 0 7• Village Pau k i ROSE et KO gAINSI(' iEASTMAN PARK DR _ Q�Vµf AAA ♦ N `) CRfi I in EaN 1, O I 3 Hexcel Iir 0 Nationa ce A49- Water Water I-- 4 Guard W Vestas ,. alley LA _ Musket d W l ,,rl, , , , {. , ; RIP a ' Site Front Range a fir,. ' nor' a Y. 1 Energy r • a 7 KODAK DR O Q ft �L < (3 CC et w *1 �- y D rCa e 2 '" A �OR ) IMOAK C) r a re f_Tg4t 'O10 q oil ` un--- " - rollout Iil uu I 0o- �,1 8 " i� Y 1 V N. ,� i- r. - K lak W wwh, > \/H- ' • r 0 e4 frRROac 0` vP y Y P041/4 t C4 e At, any lc OR ~ 1L:•j''hitv .). ROAD 62 7 "S>q,F W \ ._..... indsor Sewage ~`-k , Treatment Plant i sS • vi""°, R Musket Corp. Site Plan COLORADO lBBIYMI V11lK pllry! 'I 3 SA M rvL h '1 wR � ��'�-y` � I • •'\) I i —+ 51wch! • °Maa r- r r HE I. A+Y CI id A E l IH • JJA NOTES' JJE TJ THE Ir p•ECT SHALL SIZE RELATIVE P:) THE C,VEH ALL I'I¢CFEl Y. THE IEFOI,E AN AFTER FLAG WILL :SLY SHC'V THE ^'b1.E Al EA THIS PLAF IS IV HEN SEG TJ VEET THE RECJI'EMEVT TO SHOW THE P'I r HNY Fit FNIH I LANI, • ON Of ttit Musket Corp. Site Plan COLORADO WINDSOR TRANSLOADING FACILITY KODAK INDUSTRIAL_PARK �Iry WINDSOR.COLORADO i i ! IKOINA :1 KYR ,�,D� R ii I di i / �EL r V. a ) oIV ,r , _if Pi g424 �l ■I 4' ' I .:..e' -T'St it 6 ll n '•,t1•• "?lt . �§ /' r �. l i iI — � � > ; is � 1 . tint'-- L I - < •` ., r:«` E 0 0 ION Of WINDSOR Properties currently served with Windsor *010 sanitary sewer service num ■I-ABTMAN ' A ' K I ' tit- -L j I EASTMAN p ", ty, ,I� }. _ ______. .. , , , ,.MMI , ,.. 440 v, 'CI1' �.- f��.� ! t • 1 ' ear rret a .71 II hm F •\ _, a er.. ' s_Musket 'Site`1 o fo! 4. . . , , m, l , _ .„„,,, . it,„4 ,: _ 4 __ ,f..-. 1 i_. • • S • l°W"4FWNDSORvia. Loop Rail Site Plan COLORADO ! tRY.--r I r \v a Areas of Conflict with 0 - _ Agreed Upon Master " ! k` ` �' Drainage Channel ,.:1..i-, i • " I: CI 1 ti '.\'''.: s • 1QWNOfWINDSOR Intersection of Eastman Park Drive alibi COLORADO & Litho Plate Drive — i C T y . } Railroad i i fir; �� cif Crossing li. •rie ' r II , Jo — t. "° x - _ • No '• • Auxiliary : - Lanes Y/: •! '{r sr ' P • • 'cpWN OF WINDSOR "sipKodak Drive Truck Route COLORADO r Slop a • 4-YIAY �I-4), i .rr L r i N . w �s �`^{'R. Rob+. 7...., r 1V • � � I blc Ji a.s�t •,�.�. Trucks z, �,_ -rr., .� t: ( . . • I, - 4 _,_ (\ • • aif .•74 IJIFA6 ."a .. 1 4 —107. -....141----- sr- it I. •�, 5 ,firs _14 0 I iOWNOFWINDSOR Auxiliary Lanes & Truck Route Signage ASO COLORADO at Kodak Drive & SH 257 fOI 1, , 1 l , . }1 11 4:4',I' I'/t I�l;l,t 111,1,;ht t t'. •,1/ , {' {: I ` l' re. t ' ` 1,4 Hi .r ,, 't t r I1+:t I'4tp,tj14 �d1;„ :1`r' '`1 SiIi 11 � 1) t.: 1., IIJ i f'or 1 L I' Id'. ` • lyl t •it' . 1 �lal •. \1 li r `1� ,1 " I` ! it j{ ' IJ q ' 1 I1'I t tJ11+'tt 1 .Ill' ' III t t i{• ii ft I' � - ~i. I •;A' ICI•'. I� �t II.II dirk 111 . y t! 1 t' ` .. . J1 • + .Itl I't{ {' •tti t7^~ �j111 it i._. - 1 ` t ' { I 1 • . • i �,., .. . 1 tM I V �y1 11 • •I_ �7 1 f _ p 4 -ter. . -F• •...FL:- .t...,�ii_� , 1-�I FYI 'k- �1 �� - f Tr_ • 1..Irk ) • j I I. V a KODAK DR iiiiii) • a , II I I' Kodak / •„A',. 'rarest►wr fis { : I' 0' .- Truck Route► _ i' r r - -'- • • . • // Jr -I ' �li l SH 2571 b a . + . 61/41. M 4t- , • TOWN Of WINDSOR Atli Proposed Truck Route COLORADO N SH 392 NI c%va Pouch- ^1/4 T Eastman Park Or. n, 25 " a • 1 0 „ Crossroads Blvd PROJECT SITE 'is LNt�j 11534 = ra NI Figure 1 llFLISIMG Vicinity Map HOLT & ULIEVIG V IG NORTH .11 4111 • irgN OF WINDSOR thS Kodak Drive Truck Route COLOR ADO ,_ `_ f �_c j _ _L 4: Musket Site 11 SH 257I; i. •p. IL: 47, 1 L ko.„0„,. i. ' - ..--pi I Kodak Drive r tea a. k L .. �i 0 mor dd .4"t f S • .\pWN OF WINDSOR ithiiii Kodak Drive Truck Route COLORADO Kodak Truck Rout : Second Left Kodak Truck Rout: i — _• - -- Second Left - F .0 re 1 • r•Lt _ :tar rmir ;H . .• . . Lc.... a, --------brrt b. _ . _ I -�s► -y ^' .. Vic• -- - - —.. r - ;ifs,t1 i i • • TOWN Of WINDSOR tit Weld County Code COLORADO Section 22-2-40. Urban development Goals and Policies states: A. UD.Goal 1. Concentrate urban development within existing municipalities, an approved Intergovernmental Agreement urban growth area, the Regional Urbanization Areas, County Urban Growth Boundary Areas, Urban Development Nodes or where urban infrastructure is currently available or reasonably obtainable. C. UD.Goal 3. Until Intergovernmental Agreements are in place with a particular • municipality, define a standard County Urban Growth Boundary as a one- quarter-mile perimeter around the municipal limits that are currently physically served by central sewer (whether by the municipality or other recognized agencies). 1 . UD.Policy 3.1 . In the absence of an Intergovernmental Agreement urban growth area, the County recognizes a County Urban Growth Boundary. 3. UD.Policy 3.3. Inside the County Urban Growth Boundary, urban-type uses and services are planned and supported, and annexation is encouraged. The surrounding Kodak, Carestream and former Kodak facilities are all currently served with Town of Windsor sanitary sewer. ,�C CUB / Cp: PEl AR l Ntt:\ I OF NA FURA1. RESOURCES • �'� *` ,t *; DIVISION OF WATER RESOURCES {Mtn h.I It.Lrnhw.lti.r 876 (.:•V t.111. 1 \I:},'King April 13. 2012k{ t\, I,` Tom Parko Weld County Planning Services Transmission via email' tparko@co.weld.co.us RE: Windsor Renewal I — Clay Drake USR12-0005, Use by Special Review Part of the SW1/4 Section 26, Township 6N, R67W, 6t P.M Water Division 1, Water District 1 Dear Mr. Perko: This referral does not appear to qualify as a "subdivision" as defined in Section 30-28- 101(10)(a). C.R.S. Therefore, pursuant to the State Engineer's March 4, 2005 and March 11, 2011 memorandums to county planning directors, this office will only perform a cursory review of the referral information and provide informal comments. The comments do not address the adequacy of the water supply plan for this project or the ability of the water supply plan to satisfy any County regulations or requirements. In addition, the comments provided herein cannot be used to guarantee a viable water supply plan or infrastructure, the issuance of a well permit, or physical availability of water. • This proposal is related to SPR12-0001 We provided a comment letter on that proposal on March 14, 2012. and our comments on this proposal are the same. This is a use by special review for 5 acres of a recorded exemption for a transload facility on part of the former Kodak Campus. The proposed water supply is the City of Greeley. A will-serve commitment letter was not included in the submittal documents As long as the City of Greeley confirms that they will provide water service to the project, this office has no objection to the proposal. We have no objection to the subject proposal. Should you have any questions. please contact Tracy Kosloff of this office. Sincerely, Joanna Williams. P.E. Water Resource Engineer JMW/tlk • Office of the Slate Engineer {3l:: i 'rnl. i Street. Suitt-S IS• i h nwcr. (A)SO203• l'hurr:3t3-.Son-»S i • [iv itt:;tih(,-i;tii1 ii is;v.ir.i h'r-.t,N.• NT of • AY `��` of DEPARTMENT OF THE ARMY qe_ z CORPS OF ENGINEERS, OMAHA DISTRICT o ; DENVER REGULATORY OFFICE,9307 S.WADSWORTH BLVD LITTLETON,COLORADO 80128-6901 N-- ,-; a `_"___ April 2, 2012 REt APR C c 2012 Ms. Kristine Ranslem Weld Coum tment Weld County Planning Services GREELc ,n-NICE 1555 N 17th Ave. Greeley, CO 80631 RE: USR12-0005,Windsor Renewal 1 LLC Corps File No. NWO-2012-836-DEN Dear Ms. Ranslem: Reference is made to the above-mentioned project located at 40.452818; -104.864472, Weld County, Colorado. This project has been reviewed in accordance with Section 404 of the Clean Water Act under which the U.S. Army Corps of Engineers regulates the discharge of dredged and fill material, and any excavation activity associated with a dredge and fill project in waters of the United States. 0 Based on the information provided, a Department of the Army (DA)Permit will not be required for work on this project. Although a DA Permit will not be required for the project, this does not eliminate the requirement that other applicable federal, state, and local permits be obtained as needed. If there are any questions call Mr. Terry McKee of my office at(303) 979-4120 and reference Corps File No. NWO-2012-836-DEN. Sincerely, Tit othy T. C rey Chie Ienv= Reg. atory 1 ffice tm • Hello