Erie Planning Commission Meeting – March 4, 2020

The Erie Planning Commission met on March 4, 2020 at 6:30 PM in Council Chambers. The meeting covered several public hearings and agenda items, including the Erie Town Center Planned Development zoning, a Nine Mile Corner PD amendment and minor subdivision, an emergency oil and gas operations ordinance, and updates to the Unified Development Code. The meeting adjourned at 9:40 PM.

Consent Calendar

• Approval of Agenda: Unanimously approved.
• Approval of February 5, 2020 Meeting Minutes: Unanimously approved.

Public Comments & Testimony

Erie Town Center (Resolution P20-05):

• Bryon Bednar, 280 Skylane Drive, expressed opposition, stating the project lacks a traffic engineering analysis, has five intersections in a 650‑foot radius, and fails to adequately address shallow coal mine constraints. He argued the plan is an area development plan, not a master plan.
• Christiaan vanWoudenberg, 1821 Crestview Lane (also a Town Trustee), expressed full support, calling the plan “a fundamental shift” that promotes economic sustainability, housing diversity, and walkability.
• Ward Ritter, 2555 49th Street, Boulder (Charter Development Corporation), addressed concerns: mine studies have been done, utilities are adequate, and traffic will improve by replacing numerous driveways with fewer intersections.
• Jon Lee, 2500 Arapahoe Avenue, Boulder (Community Development Group), expressed excitement about the project’s evolution and noted that multiple applications are nearly ready.
• Email from Brett Cavanagh, Western Midstream: Objected because oil and gas pipelines and existing wells were not illustrated on the PD zoning document. Staff clarified that such easements are not typically shown on zoning maps and the issue will be addressed during plating.

Nine Mile Corner (Resolutions P20-03 and P20-04):

• Bob Carsted, 3256 Billington Drive (Arapahoe Ridge resident), requested that landscaping plans include a screening on the north side of Arapahoe Road to mitigate the widening of the road and traffic impacts. He noted a referral was not sent to the Arapahoe Ridge HOA.
• Debra Gonzales, 10994 Arapahoe Road, expressed concern about loss of mountain views and privacy due to three‑ and four‑story apartments and a carriage house near her property line.
• Patrick Gonzales, same address, emphasized traffic dangers on Arapahoe Road and the difficulty of entering/exiting driveways.
• Email from Jeanne Stratton, 503 Lucerne Drive, Lafayette: Expressed concerns about the project’s impact on views and mitigation.

UDC Amendments (Item 20-141):

• Bryon Bednar suggested retaining the density bonus provision because it is used elsewhere to encourage affordable housing.

Discussion Items

Erie Town Center Planned Development (Resolution P20-05)

• Staff (Deborah Bachelder) and consultant Graham Jones (DPZ Co‑Design) presented the rezoning of approximately 144 acres to Erie Town Center PD. The plan creates three land‑use zones (Urban Core, General Urban, Urban Edge) and establishes an expedited administrative review process for subsequent plats and site plans.
• Key features: the “Peel” pedestrian‑oriented main street, a central plaza, diverse housing types (townhomes, apartments, limited single‑family), and a 35‑foot height limit measured to the eaves.
• Commissioners praised the public charrette process and the plan’s vision. Questions focused on traffic, mine mitigation, commercial priorities, and the appeals process.
• A unanimous motion carried to approve Resolution P20‑05 and recommend approval to the Board of Trustees, with a condition allowing staff to make technical corrections.

Nine Mile Corner – PD Amendment (Resolution P20-03) and Minor Subdivision (Resolution P20-04)

• Senior Planner Hannah Hippely presented the amendment for approximately 11.5 acres at the southeast corner of Arapahoe Road and 287. The PD clarifies legal descriptions, setbacks, and sign standards, and includes a 150‑foot buffer for Beacon Hill residents per the IGA with Lafayette. The minor subdivision divides the property into 11 lots (10 for commercial/retail and one for multifamily residential).
• The applicant (Tyler Carlson, Evergreen Devco) addressed neighbor concerns: a carriage house near the Gonzales property was eliminated; a fence for the Gonzales property will be as high as allowed; and off‑site landscaping along the north side of Arapahoe Road is being pursued but requires agreement between the town and the HOA.
• Commissioners commended the developer’s cooperation. Condition added: “Landscape plans shall address the concerns of the Beacon Hill residents and shall include additional landscaping on the north side of Arapahoe Road to the extent reasonably practicable.”
• Unanimous votes approved Resolution P20‑03 and Resolution P20‑04 with the additional condition.

Emergency Oil & Gas Operations Ordinance (Resolution P20-06)

• Staff presented an ordinance requested by the Board of Trustees to add Section 10.12.6 to the UDC, requiring existing oil and gas operators to submit extensive reporting within 30 days.
• Commissioners expressed concern that no one from administration was present to answer questions, that the “emergency” designation appeared politically motivated, and that the town does not have the staff capacity to handle the reporting. They noted that the ordinance did not adequately address public health, safety, or general welfare, and was inconsistent with the comprehensive plan.
• Motion made by Commissioner Hedahl to recommend denial, seconded by Commissioner Zuniga. Unanimously approved to deny the resolution.

Unified Development Code Amendments (Item 20-141)

• Staff presented multiple text amendments for first quarter 2020, including: adding a minimum density of 3 dwelling units per acre to the low‑density residential zone; removing unused density bonus language; adding agricultural cultivation as a special review use on parcels 5+ acres; creating accessory uses (detached living space, pool house, guest house) without full kitchens; increasing public hearing notice distance from 300 to 500 feet; streamlining site plan requirements for small single‑family and duplex lots; and removing one single‑family architectural standard.
• Commissioners discussed the potential value of the density bonus for affordable housing but accepted staff’s explanation that it was never used and that diversity requirements remain. The definition of “full kitchen” was clarified.
• Motion carried to direct staff to draft a resolution approving the amendments as presented, to be signed by the Chairman.

Key Outcomes

• Erie Town Center PD (P20-05): Unanimous approval on motion by Commissioner Witt, seconded by Commissioner Ames. Recommended to Board of Trustees with condition for technical corrections. (6:32 PM – public hearing opened; vote after discussion)
• Nine Mile Corner PD Amendment (P20-03): Unanimous approval on motion by Commissioner Ames, seconded by Commissioner Witt. (Public hearing opened at 8:10 PM; vote carried)
• Nine Mile Corner Minor Subdivision (P20-04): Unanimous approval on motion by Commissioner Ames, seconded by Commissioner Hedahl, with an additional condition requiring landscape plans to address Beacon Hill residents and include landscaping on the north side of Arapahoe Road to the extent practicable.
• Oil & Gas Emergency Ordinance (P20-06): Unanimous vote to recommend denial (motion by Hedahl, second by Zuniga). The commission found the amendment inadequate to promote public health, safety, and welfare, and inconsistent with the comprehensive plan.
• UDC Amendments (20-141): Unanimous direction to staff to draft a resolution approving the amendments as presented, with Chairman authorized to sign once drafted.