Planning Commission Meeting June 17, 2020

The Erie Planning Commission met virtually on June 17, 2020, at 6:30 PM. The meeting included a public hearing to recommend approval of a Special Review Use (Resolution P20-12) for temporary agricultural uses on the Lafferty property (39.665 acres at 1216 J Road, southwest of the RTD rail line and future Jasper Road alignment). The commission also received a comprehensive training session on the Town's Comprehensive Plan, Unified Development Code, and quasi-judicial procedures. All seven commissioners were present.

Consent Calendar

• Approval of Agenda: Motion by Commissioner Witt, seconded by Commissioner Ames, approved unanimously (7-0).
• Approval of Minutes (May 20, 2020): Motion by Vice Chairman Fraser, seconded by Commissioner Luthi, approved unanimously (7-0).

Public Comments & Testimony

• No public comments were offered via email or in the virtual waiting room for either the general public comment period or the public hearing.

Discussion Items

• Public Hearing – Resolution P20-12 (Special Review Use for Temporary Agricultural Uses):

  • Senior Planner Chris LaRue presented the request. The property is currently in unincorporated Boulder County, used for residential and agricultural purposes. The applicant, Roger Hollard (representing the Lafferty family), seeks to continue existing farming operations (irrigated and non-irrigated crops, hay, alfalfa, livestock including horses, cattle, sheep, goats, chickens, ducks, geese) after annexation and before the property's first final plat is recorded.
  • The Town is concurrently processing annexation and initial zoning to Low Density Residential (LR), which will be heard by the Board of Trustees on July 14, 2020. A UDC amendment in March 2020 allowed agricultural uses as a special review use on properties five acres or more, making this application necessary.
  • Commissioners asked about the duration of agricultural use (estimated up to a year or more until preliminary and final plat), the relationship to adjacent Canyon Creek 7/8 developments (also by Mr. Hollard), and the necessity of the special review use given the existing non-conforming uses. Staff clarified that the Town Attorney advised against including such uses in annexation agreements, prompting the code amendment and this application.
  • The applicant stated the Lafferty family will remain on the property until the plat is finalized; the property is under contract with a home builder. The special review use will expire upon recordation of the first final plat.
  • Staff recommended approval with four conditions, including that the annexation and initial zoning must be approved and recorded before the special review use takes effect.

• Planning Commission Training:

  • Deborah Bachelder, Planning Manager, provided a detailed training on the Comprehensive Plan, zoning map, Unified Development Code (UDC), and the commission's quasi-judicial role. Topics included land use designations, review procedures, public notice requirements, and limitations on ex parte communications. Commissioners discussed the difference between comprehensive plan amendments and updates, the importance of staying within the record, and the need to avoid discussions about future quasi-judicial applications outside of public hearings. The training also covered the new development activity map on the town website.

Key Outcomes

• Resolution P20-12 Approved: Motion by Vice Chairman Fraser, seconded by Commissioner Ames, carried unanimously (7-0) to recommend approval of the Special Review Use for temporary agricultural uses on the Lafferty property, subject to the four conditions outlined in the staff report. The resolution will be forwarded to the Board of Trustees for final decision alongside the annexation and initial zoning.
• No other votes or decisions were taken. The training session was informational only.
• Next Steps: The Board of Trustees will consider the annexation, initial zoning, and special review use at its July 14, 2020 meeting. The special review use will become effective upon approval and recording of the annexation and zoning, and will expire upon recordation of the first final plat for the property.