Erie Planning Commission Meeting October 21, 2020: UDC Amendments and Chapter 12 Oil & Gas Vote
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Erie Planning Commission Meeting - October 21, 2020
The Erie Planning Commission met virtually on October 21, 2020 at 6:30 PM to consider proposed amendments to the Unified Development Code (UDC). The commission approved a resolution for most chapters, but failed to approve a separate resolution for Chapter 12 (Oil & Gas Regulations) in a 3-3 tie vote. The meeting included a public hearing, extensive discussion on density and oil & gas setbacks, and a staff report on the upcoming comprehensive plan steering committee.
Consent Calendar
- The agenda was approved unanimously via roll call vote (6-0).
- The minutes from the October 7, 2020 Planning Commission meeting were approved unanimously (6-0).
Public Comments & Testimony
- No public comments were made during the designated public comment period.
Discussion Items
- Proposed Changes to the Unified Development Code (UDC) – Agenda Item 20-524, Resolution P20-19. Planning Manager Deborah Bachelder presented the proposed changes to Chapters 1, 2, 3, 5, 8, 10, and 12. Town Attorney Kendra Carberry answered questions on Chapter 2 (newly annexed areas, heavy industrial terminology) and density issues. Commissioners discussed concerns about large developments meeting density requirements late in the process, potential language to cap average density, and the need to align UDC with the upcoming Comprehensive Plan update.
- Chapter 12 Oil & Gas Regulations – The commission discussed removing Chapter 12 from Resolution P20-19 and considering it separately as Resolution P20-20. Commissioner Sawusch proposed adding language similar to COGCC proposed Rule 604 regarding setback waivers, allowing oil and gas operations within 500–2,000 feet of residences if property owners and tenants consent. This triggered debate: Commissioner Hoback opposed assigning rulemaking to individual property owners, Vice Chair Fraser preferred existing variance processes, and Commissioner Luthi expressed strong opposition to Chapter 12 as written, calling it arbitrary and bad for business. Commissioner Ames saw potential value in waivers but wanted defined review standards.
Key Outcomes
- Resolution P20-19 approved (6-0) with conditions: remove Chapter 12 from the resolution and add terminology to clarify density issues (to be addressed in a second round of UDC amendments).
- Resolution P20-20 (Chapter 12 only) failed in a 3-3 tie vote (Commissioners Hoback, Ames, Fraser voted yes; Luthi, Sawusch, Zuniga voted no). The commission concluded that Chapter 12 was not ready for recommendation, citing unresolved concerns about setbacks, waivers, and business impacts.
- Staff was directed to create a separate resolution (P20-20) for Chapter 12, but the motion to approve it with conditions (including COGCC-style waivers) was not seconded, and the final motion to approve as-is failed.
- The commission will transmit its split decision to the Board of Trustees, who will make the final legislative decision.
Staff Reports
- Deborah Bachelder announced that a steering committee for the Comprehensive Plan update would be formed, including two Planning Commission members, two Board of Trustees members, and recorded public meetings. She noted coordination logistics would be handled shortly.
Commissioner Reports and Discussion Items
- Commissioner Sawusch reported that the Town of Erie is offering $100 utility bill grants to residents financially impacted by the COVID-19 crisis; information is available on the town website.
The meeting adjourned at 7:54 PM.
Meeting Transcript
Good evening. Welcome to the October 21st meeting of the Planning Commission. Please join me for the Pledge of Allegiance. I pledge allegiance. The United States of America. And to the Republicans. One nation under God. With liberty and will the secretary please call roll. Commissioner Hobak. Here. Commissioner Luthy. Here. Commissioner Ames. Here. Commissioner Witt is absent and excused. Commissioner Sawish. Present. Vice Chair Frasier. Here. Chair Zunica. Here. We have a quorum. Thank you. We have an agenda before us this evening. Does staff have any changes to the agenda? Where did staff go? Oh, there she is. Okay. Do we have a motion to approve tonight's agenda? Motion to approve Luthy. Second, Hoback. We have a motion and a second. Will the secretary please conduct a roll call vote? Commissioner Hoback. Approve. Commissioner Luthy. Approve. Commissioner Ames. Yes. Commissioner Sawish. Yes. Vice Chair Fraser. Yes. Chair Zunica. Yes. That's unanimous. This brings us to the approval of the October 7th planning commission meeting minutes. Do we have any changes or perhaps a motion? Oh. Second, Commissioner Zowish.
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