[0:00] We've had a few of those recently. Have you? Yeah. The Grim Reaper show from one of our public comments. Did you get that? I think just the code. Yeah. Grim reaper.
[0:14] Yeah.
[0:19] What's today?
[0:20] September 2nd. Second. We'll now call to order the September 2nd, 2026 regular meeting of the Planning Commission. Miss Mascarenhas, if you would complete roll call for us.
[0:36] Chairman. President. Vice president.
[0:41] Secretary Kinney.
[0:42] Present.
[0:44] Commissioner. Hastert.
[0:45] Present. Present. Present.
[0:51] Commissioner Neill.
[0:52] Present. Thank you, Miss Mascarenhas. First up on our agenda is review of the agenda itself for additions of items of new business or anything else to the agenda for consideration. If we don't have any items of new business, I would take a motion to approve the agenda as presented this evening. Chair, I move we approve the agenda as presented. Second. A motion by Commissioner Nader and a second by Commissioner Kirsch to to approve tonight's agenda as presented. Those in favor, please vote yes. Those in opposition vote no.
[1:29] On that. Viewing my system.
[1:39] We need to vote again.
[1:43] Or just keep on voting.
[1:52] You're not glowing green or red. Try again. There you go. There it goes. Motion carries. Unanimously. Thank you everybody. Next, we will invite the public to be heard on an item that is not on tonight's agenda. I am not going to go through my whole spiel. Um, I'll first see if there's anybody from the public who would like to be heard. Seeing that there is nobody from the public indicating they'd like to be heard, we'll move on to our consent calendar. Tonight's consent calendar consists of approval of the July 15th, 2026 Planning Commission regular meeting minutes. Um, everybody's had a chance to review those. Anybody have any desire to request any changes? Seeing nobody desires to change the consent calendar. I would take a motion to approve it as presented. Chair I move to approve the consent calendar as presented. Second, a motion by Commissioner Kirk and a second by Commissioner Hassard to approve tonight's consent calendar as presented. Those in favor, please vote yes. Those in opposition, please vote no.
[2:55] Motion carries unanimously.
[2:58] Next we have our first board action item tonight. Um, we do not have our town board member with us, so we will not have him read in his statement. So we will close our regular meeting and open up a public hearing regarding a ordinance amending the Windsor Municipal Code, chapter seven and 16, concerning the keeping of chickens, hens and chicken coops in residential areas. Miss Mazzetti, you have the floor.
[3:27] Thank you. Good evening, Chairman and Commissioners. Item before you tonight is the items before you. Tonight is a code amendments to chapter seven and 16 of the town's municipal code.
[3:44] Just change this. So article nine of chapter seven, um is the code section that addresses keeping of chicken hens. The town's clerk has been the administrator of this section of the code for.
[4:03] We're not getting your presentation on our screens up here on the screen.
[4:11] If that's an issue, we can just turn around and watch. We just don't want to put our backs to you with and be rude unless we need to. So can.
[4:19] We.
[4:19] Turn around? It's fine.
[4:23] Sorry, Sandy.
[4:25] That's all right.
[4:26] Let me just.
[4:40] Tell you what we can. Oh, there it goes. We got it now.
[4:42] Got it.
[4:43] Okay. Thank you for. Thank you for your patience.
[4:48] All right. Um, anyway, the town's clerk office has been the administrator of the section of the code for ten years or so. And, um. However, there have been some inconsistencies between the chicken coop requirements and the land use code requirements for accessory structures. Um, and it has been brought to the staff's attention that the chicken coop structure, um, location and design would be better suited within the land use code section.
[5:22] So the amendments we're making to chapter seven is we're modifying clearing clarifying language within section seven, 920 and seven 940. This is just the summary. I'll go into more detail in a minute. Um, we moved the chicken coop location and design requirements that were in chapter 722, um, chapter, article three of chapter 16, which is the residential use standards section of the land use code, and that we retain some language pertaining pertaining to the keeping of the chicken hens.
[5:58] And then chapter 16, we are creating a new section, chapter 1670, which is the location and design of the chicken coop structures. These contents were the ones that we moved from section seven 920.
[6:17] So the proposed changes in chapter seven, article nine, section 20 is there's no change to the number of chicken hens that are allowed. It's still six. No roosters are allowed. We removed the the need for the permit for chicken, for chickens, and we removed the fee. The permit didn't have a lot of information and so people didn't really know what to submit with the permit. And the fee was $10. And it didn't really cover the administrative costs that it would take to do the reviews. So that's why that's removed from that section. And then any structures to the chicken hen chicken coops um shall comply with section 163 70. Uh, and you still have to if your homeowners association requires um or does it require approval. You still have to abide by the HOA requirements.
[7:20] And so this is the new section within chapter 16. Um and it's the chicken coops will be only allowed on single family residential parcels. Uh, and chicken coops will only be allowed in the rearmost section of, of the lot behind the home between the rearmost section of the home and the rear property line, and no other area within the parcel. And if the parcel has more than one dwelling, such as an Adu. You have to get permission from all the dwelling units on the property.
[8:04] So the this section is well chicken coop, chicken hen uh. Each chicken hen must be housed in a covered predator resistant coop. This is the same as what it was previously. Um. Properly ventilated, easy access and cleaning. And each chicken must have a minimum of two square feet.
[8:31] So this section is actually changed from the previous section. The the previous height of the chicken coop was set at six feet. And um, this restriction is being amended to be more consistent with the town's accessory structures, which sets a maximum height of ten feet also. This change stems from citizens feedback, indicating that owners would like to be able to walk into the chicken coop to make it easier, more accessible to clean, and a six foot high structure doesn't allow for a six foot door. And also that most kits or if you go to buy this at a hardware store or agricultural store, most come in a size of ten foot height. So. And also, if the chicken coop to align with the accessory structures is 120ft² or less, it does not require a building permit. If it is greater than 120ft², it does require a building permit.
[9:43] So this graphic here on the screen also shows the location of where it can be Located. The setbacks have not changed from what was previously set and that is 15ft from the property line. Side property lines or rear property lines. And if the chicken coop is set closer to a property line, they must obtain written consent for the from the adjacent property owners, and they must keep that with them in case there's a complaint and provide um the presented if there is a complaint.
[10:25] And this part is pretty much unchanged. You still have to have the chickens have to have access to the coop during daylight hours and fresh water. They must be protected at night, from dusk till dawn from predators that close into the coop. And, um, they must also be protected from coming in contact with wild ducks or geese. And there. excrement. Did I say it right?
[10:54] Anyway, um, also, this is the section with the HOA. So if a HOA requires approval for a chicken coop, the town's, um, uh, requirements are a minimum requirement. So they, if it's required by HOA, you still have to obtain approval.
[11:18] So notifications for this public hearing were in accordance with the town's code. And as shown here on the screen, the public hearing and meeting schedule is also shown here.
[11:32] And staff recommends that the Planning Commission forward to the Town Board a recommendation of approval of the ordinance, amending, chapter amending chapter seven and 16 of the town's Municipal Code, subject to any Planning Commission comments being addressed and for the record, staff would like entered into the record the staff memorandum and supporting documents, the draft ordinance in any public comment that we may have tonight. And again, um, for your reference, these are the sections of the code that are being amended and I'm happy to answer any questions. That concludes my presentation.
[12:16] Thank you, Miss Mazzetti. Um, I will turn to my fellow planning commissioners. Does anybody have any questions for Miss Mazzetti?
[12:29] I'm sorry guys, I do chickens.
[12:35] Uh, um. Of course.
[12:44] I just want to make sure I understand this is intentional that previously the code referenced any parcel. And now we are restricting this to just residential parking.
[12:54] That is that is correct. It did not have residential parcels. So that was also added into um chapter seven. I apologize for not mentioning that. And in chapter 16 it specifically says single family residential parcels. It's not for multifamily parcels. Okay.
[13:15] So it doesn't include any residentially zoned parcel. Um, a deep duplex ADUs. Um, multifamily.
[13:25] No. If a parcel has a Adu and they want a chicken coop, they got to have get permission from both parties there.
[13:32] Okay. And then, um, with regard to, um, neighbor consent, um.
[13:42] There's a section that allows written adjacent owner approval for encroachment into the special 15 foot chicken setback. Um 163 ten separately requires accessory buildings to comply with setbacks of underlying zoning district. Um, so I guess I just want to make sure we're and this is really technical and I'm sorry, but I just want to make sure we're not doing this again because we have to rewrite or clarify something. Um.
[14:14] They have neighbor consent, modify only the chicken specific 15 foot setback and not waive any other applicable zoning easement, utility visibility or accessory building setback.
[14:27] That's correct. Only the chickens because of the noise they make.
[14:31] Okay. Do we need to clarify that in code? Because for me it was a question.
[14:36] Okay.
[14:37] Um, just it's just a question, um, to be pondered maybe, um, As something that was a comment added by the Planning Commission, but not necessarily a change to our recommendation. It's just I don't want somebody to interpret code as.
[14:56] Um, yeah.
[14:57] And that chicken coop within 15ft now allows anything within 15ft.
[15:02] Well, the accessory structures can be closer. Um, but the chicken coop has to be farther away and that that setback has not changed.
[15:12] Okay.
[15:13] I think that's all the questions that I had. Um, and knowing that there were no additional questions. Sorry guys. Okay. Nothing else from you, Sandra.
[15:25] Nothing else. Nothing further.
[15:26] We'll close our public hearing and reopen our regular meeting, and we'll move on to our next agenda item, which is legislative in nature. And it's our recommendation to Town Board regarding the same ordinance. Um, anything further from you?
[15:41] I have nothing further to add.
[15:43] Okay. Any discussion about a.
[15:48] A motion?
[15:51] I'll take a motion.
[15:54] Chair, I move we forward a recommendation of approval to the Town Board for an ordinance amending Windsor Municipal Code, chapter 7 to 16, concerning the keeping of chicken hens and chicken coops in residential areas. Second.
[16:09] I got a.
[16:11] Motion by Commissioner Nader and a second by I heard Kurt. Yeah, sure. Okay.
[16:19] Flip a coin.
[16:20] And a second by Commissioner Kirk to forward a recommendation of approval to Town Board regarding an ordinance amending Windsor Municipal Code, chapter seven and 16 concerning the keeping of chickens, hens and chicken coops in residential areas. Those in favor, please vote yes. Those in opposition, please vote no.
[16:40] And motion carries unanimously. Thank you. Thank you, Miss Mazzetti.
[16:46] Um, we will move on to communications at this point. Um, we'll start with our planning commission. Um, I'm going to go from right to left tonight. Mr. Kenny here. Mr. Hazzard?
[16:58] Yeah. I just want to advise everyone that I will not be able to attend the meeting on September 16th.
[17:05] Our next meeting?
[17:06] Yeah.
[17:07] Okay.
[17:07] Actually, I will say I'm not going to be.
[17:12] So we got Kenny and Hazard. They're going to be absent on the 16th and.
[17:20] Actually I think.
[17:23] Is that a hazard?
[17:24] Do we have anything planned on September 16th? We do. All right. Everybody else needs to be here. Nobody else can say. I'm not going to be here.
[17:35] All right. You've already piped up.
[17:38] That's all I got.
[17:40] Okay. Cluck cluck cluck.
[17:43] Okay.
[17:44] All right. No communications from the chair at this time. Uh, we'll move to our town board liaison is not here, so. Communications from staff. Um. Anything else, Miss Pasetti? Okay, Miss Malone.
[18:07] Yes, a couple of things. Um, the next meeting, we do have, um, floodplain mapping and the Larimer County portion of Windsor on the agenda. Uh, Doug Roth will be presenting that. We also have an amendment to our conditional use permit section. So those are the two items on the next meeting. And then before you leave we have barbecue set here, which is a thank you for your volunteering on the Planning Commission. So don't leave without that.
[18:39] Well thank you, I appreciate that.
[18:41] Thanks. That's it.
[18:43] Thank you, Miss Malone. Um, from our town attorney.
[18:47] Uh, I too, will be gone on the 16th of September. But you don't need me.
[18:54] Well, I don't know that I would be so bold as to say. We don't need you.
[18:58] Said Mr. Love. Here.
[18:59] Yeah. Um, we'll take Mr. Money instead.
[19:04] Oh, yeah. Good luck.
[19:10] And Mr. Bolster.
[19:13] All right. With that, we are adjourned.
[19:16] Good.