Erie Planning Commission Meeting - August 5, 2021 (Virtual)

The Town of Erie Planning Commission met virtually on August 5, 2021, to consider several land use and code amendment items. The meeting included two public hearings on the Colliers Hill development, a proposal to create a new Agricultural Holding (AGH) zone district, an amendment to improvement guarantee regulations, and a continued study session on the commission's roles and the comprehensive plan update. The commission approved the Colliers Hill rezoning and PUD amendment unanimously, approved the improvement guarantees amendment unanimously, and voted to recommend the AGH zone district to the Board of Trustees with a 4-1-1 vote.

Consent Calendar

• Approval of Agenda: The agenda for August 4, 2021 was approved by a 5-to-1 roll call vote (Commissioner Sawusch dissenting). The minutes state the meeting was on August 4, but this summary uses the date provided (August 5, 2021).
• Approval of Minutes: The July 7, 2021 Planning Commission Meeting Minutes were approved unanimously.

Public Comments & Testimony

On Agenda Items 21-302 and 21-304 (Colliers Hill Rezoning and PUD Amendment):

• Theresa Wrangham (268 Luna Circle, Erie) thanked the presenters and stated the plan looks good.
• Todd Bjerkaas (715 West Ridge Circle) expressed general support for the PUD amendment, noting the higher density is consistent with the Comprehensive Plan and the additional units will help fund the metro district. He requested that enhanced architectural standards—such as stepped-down end units and building articulation—be added for townhomes adjacent to arterials, open space, and parks, referencing precedents in other Erie developments.

General Public Comment: No comments were received on non-agenda items.

Discussion Items

Colliers Hill Rezoning (Resolution P21-10) and PUD Amendment No. 6 (Resolution P21-11)

• The proposals involved rezoning a portion of Village 1 from Suburban Residential (SR) to Low Density Residential (LR) and amending the Bridgewater PUD overlay to increase dwelling units in Village 1 from 300 to 500 (creating Village 1A with 350 single-family detached homes and Village 1B with 150 alley-loaded duplexes) and to restrict Village 14 to townhomes only. Staff and the applicant (represented by Samantha Crowder of Norris Design) presented the details, including architectural and dimensional standards, housing diversity compliance, and oil and gas well capping.
• Commissioners asked about density increase, neighbor reactions, housing diversity audits, and the zoning consistency. Commissioner Ames disclosed he was within the notice area for Item 21-304 but stated he was not monetarily affected and could be impartial; the commission voted unanimously to allow him to participate.
• Public comment was taken as noted above. The applicant responded to Mr. Bjerkaas' requests, indicating that enhanced elevations along open spaces and roadways are already included in the design standards for the townhomes.

Agricultural Holding (AGH) Zone District (Resolution P21-12)

• Senior Planner Audem Gonzales presented a UDC text amendment to create a new AGH zone district intended as an interim zoning for properties being annexed that have existing agricultural uses and residential dwellings. The district would allow a blend of agricultural and residential uses to avoid creating non-conforming uses. The proposal also included amending floodplain platting prohibitions, allowable accessory structure sizes, and dimensional standards.
• Commissioner Sawusch moved to table the item to allow the commission to consult with legal counsel, citing questions about legal implications and attorney-client privilege. The motion failed on a 3-3 tie (Commissioners Hoback, Sawusch, Luthi in favor; Witt, Ames, Fraser opposed).
• Commissioners then discussed the intent and implications, with Commissioner Witt expressing support for the district as a defensive tool to manage the town's growth boundary and preserve agricultural lands. After further questions, Commissioner Witt moved to approve Resolution P21-12. The motion passed 4-1-1 (Sawusch abstained, Luthi voted no).

Improvement Guarantees Amendment (Resolution 21-310)

• Director of Planning & Development Fred Starr presented an ordinance amending Title 10 of the Erie Municipal Code regarding performance guarantees. The changes allow the town to accept alternative security forms for projects where the Urban Renewal Authority provides funding, permit partial release of securities as improvements are completed, and clarify that the town attorney approves the form of improvement agreements.
• Commissioners asked about funding mechanisms and the use of TIF funds for projects like Nine Mile. The motion to approve passed unanimously.

Study Session 21-259: Planning Commission Roles and Comprehensive Plan

• The commission continued a study session from previous meetings on their roles, responsibilities, and the comprehensive plan update. They discussed an upcoming semi-annual report to the Board of Trustees due August 13. After debate, they agreed to submit a brief update stating that work on defining roles and responsibilities is ongoing and that the comprehensive plan update will proceed once a consultant is selected and the town's investigation of potential issues is complete. The update will be prepared by Vice Chair Fraser in coordination with Chair Zuniga.

Key Outcomes

• Resolution P21-10 (Rezoning): Approved unanimously (6-0). Recommends Board of Trustees approve the rezoning of portions of Colliers Hill from SR to LR.
• Resolution P21-11 (PUD Amendment No. 6): Approved unanimously (6-0). Recommends Board of Trustees approve the PUD amendment.
• Resolution P21-12 (Agricultural Holding Zone): Approved 4-1-1 (Commissioner Sawusch abstained, Commissioner Luthi opposed). Recommends Board of Trustees adopt the ordinance creating the AGH zone district.
• Resolution 21-310 (Improvement Guarantees): Approved unanimously (6-0). Recommends Board of Trustees adopt the ordinance amending improvement guarantee provisions.
• Motion to Table P21-12: Failed 3-3.
• Study Session Outcome: The commission will submit a brief report to the Board of Trustees summarizing ongoing work on roles and the comprehensive plan, with a request for future discussion.

Note: The meeting minutes indicate the meeting was held on August 4, 2021, but the provided date for this summary is August 5, 2021. All dates in this summary reflect the provided date.