Windsor seeks to protect future commercial property

WINDSOR — Windsor property owners with land designated in the Windsor Comprehensive Plan for commercial uses may want to think twice if they want to appeal to the Town Board to have it redesignated for residential uses.

The board voted unanimously Monday night to discourage the conversion of commercial land to residential. The reason: It costs more to service residential properties than residential land generates in taxes. Future fiscal prosperity for the town depends upon developing commercial property, members of the board said.

Outgoing Mayor Paul Rennemeyer raised the issue and sought approval of a resolution citing the direction of the board — a direction that can be changed by a future board if it chooses.

He said that the town’s former economic development director, Stacy Brown, who is now the town manager in Kersey, told him before her departure that the town has just 3,000 acres of land remaining for commercial development, and it should consider protecting it.

“When commercial property is converted to residential use, that leads to more homes, and residential is a loss on property taxes versus what it costs to service residential,” Rennemeyer said.

Quoting the town’s comprehensive plan, he said the first goal is to develop in a fiscally responsible and environmentally sensitive manner. Sixty percent of the town’s revenue comes from commercial, he said.

Outgoing town board member Ken Bennett said that the town has for years wanted more amenities, which tend to come when a city reaches about 50,000 population. The town is now at 45,000 population, and platted residential lots will permit growth to about 60,000 — which is starting to get the attention of restaurant and retail operators. 

Board member Victor Tallon said a town needs “a fine balance between commercial and residential. Our residential is outweighing the commercial. We want decent streets and parks, and that’s only possible if commercial stays intact,” he said.

In other business, board member Barry Wilson took the oath of office to serve as the town’s mayor. Wilson was elected this spring to the position of mayor, but the election was challenged by community member James Cosner, who claimed in a lawsuit filed April 18 that Wilson was ineligible to serve because of the town’s term limits. 

Wilson has served six years — a four-year term plus two years of a second term. The town’s term limits permit “two consecutive elected terms but not more than 10 consecutive years in office whether elected or appointed,” the lawsuit said. The mayor’s term is four years. The lawsuit alleged that a person who resigns from an uncompleted term is considered to have completed it as it applies to term limits.

The town board met in executive session twice Monday night about the issue, and Wilson after being sworn in said since the lawsuit was filed against him personally he plans to hire an attorney to contest it. “I’m here for the next four years,” he said.

The case is James Cosner vs. Barry Wilson and Karen Frawley, town clerk, case number 2024cv030342 filed April 18, 2024, in Weld County District Court.

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