Erie Planning Commission Meeting - October 6, 2021: Westerly Rezoning, Colliers Hill Site Plan, and Oil & Gas Standards Discussed
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Erie Planning Commission Meeting - October 6, 2021
The Erie Planning Commission met virtually on October 6, 2021, from 6:31 PM to 10:19 PM to consider several development applications and a proposed update to oil and gas regulations. Key actions included unanimous approval of three Westerly development items (rezoning, PUD overlay, and final plat amendment), unanimous approval of a site plan for a 329-unit apartment complex in Colliers Hill, and a continuance of the oil and gas standards discussion to December 1, 2021, with a request for a joint study session with the Board of Trustees.
Consent Calendar
- Approved the agenda and the September 15, 2021, meeting minutes unanimously.
Public Comments & Testimony
- John Lee (2500 Arapahoe Road, Suite 220, Boulder) expressed concerns about the proposed oil and gas ordinance, including unclear measurement definitions for setbacks, lack of definitions for flow/gathering lines, and the impracticality of requiring a professional engineer to certify plugged and abandoned wells. He noted that developers who have already plugged wells may be unfairly penalized.
- Kelsey Barnholt (480 Gold Hill Drive, Erie) urged a minimum 250-foot setback from plugged and abandoned wells, citing the recent methane leak near Soaring Heights and the Firestone tragedy. She also opposed reducing the setback from active wells during flowback to 500 feet and called for plugging all remaining well sites.
Discussion Items
Westerly Zoning Map Amendment, PUD Overlay, and Final Plat (Items 21-418, 21-419, 21-420)
- Senior Planner Shannon Moeller presented the three related applications. The rezoning adjusts 2.1 acres from Agricultural/Open Space to Low Density Residential to align with updated site planning. The PUD overlay extends existing standards to the Swink portion of the property and creates a new Village Three zone for medium-density residential. The final plat amendment reduces the number of dwelling units by 7 (from 530 to 523, a 1.3% change) due to dry utility constraints and adjustments to lot types.
- Applicant representatives Heidi Majerik (Southern Land Company) and John Prestwich provided additional context, including the selection of McStain Neighborhoods and Wonderland Homes as builder partners, and a commitment to preserve the site's history (e.g., the former drag strip).
- Commissioners praised the project's planning and housing diversity. Commissioner Sawusch sought clarification on window well covers, transportation infrastructure, and walkability. Commissioner Hoback appreciated the reduction in homes and the inclusion of McStain. Chair Zuniga asked about pedestrian crossing connections across Erie Parkway to the high school.
- All three items were approved unanimously with conditions as listed in the resolutions.
Colliers Hill Filing No. 4I, Lot 1 Site Plan (Item 21-417)
- Senior Planner Chris LaRue presented the site plan for a 329-unit apartment complex on 13 acres, including 11 buildings, a leasing office, clubhouse, fitness center, pool, dog park, and 669 parking spaces (2 spaces per unit). The project meets the PUD density of 25 dwelling units per acre and includes 5% affordable units at 60-80% AMI for school employees.
- Applicant Samantha Pollmiller (Norris Design) and team described the Scandinavian farmhouse architectural style, on-site amenities, and traffic improvements including a right-in/right-out on Weld County Road 5 and a full movement intersection at Colliers Parkway.
- Commissioner Ames raised safety concerns about pedestrian crossings to nearby schools and suggested exploring a pedestrian bridge. Commissioner Sawusch questioned parking adequacy, noting that the town lacks mass transit and that high occupancy rates may lead to overflow. He requested a future review of parking requirements for multi-family developments.
- The site plan was approved unanimously.
Oil and Gas Development and Design Standards (Item 21-416)
- David Frank, Energy & Environmental Program Specialist, and David Baumgarten, Oil & Gas Attorney, presented the proposed updates to Section 10-6-14 of the Unified Development Code. Key changes include:
- 500-foot setback from active oil and gas locations (currently 350 feet).
- 2,000-foot setback from new wells during drilling, fracking, and initial flowback, reducing to 500 feet after production begins.
- 50-foot setback from flow lines and gathering lines for buildings.
- 150-foot setback from plugged and abandoned wells, with potential reduction to a 100x50-foot tract if a professional engineer certifies the well is properly plugged and site conditions are safe.
- New notification requirements for buyers within 2,000 feet of oil and gas facilities.
- Commissioners raised numerous questions about measurement definitions, the feasibility of PE certifications, and the impact on developers with vested rights. Commissioner Sawusch noted the lack of a redlined version and insufficient time for review, and moved to continue the item to the December 1, 2021, meeting. Chair Zuniga and others supported a joint study session with the Board of Trustees to discuss the ordinance thoroughly.
- The continuance was approved unanimously, and a separate motion to request a joint study session before December 1st also passed unanimously.
Key Outcomes
- Unanimous approval of Resolution P21-17 (Westerly Zoning Map Amendment No. 2).
- Unanimous approval of Resolution P21-18 (Westerly PUD Overlay District).
- Unanimous approval of Resolution P21-19 (Westerly Filing No. 1, Amendment No. 1 Final Plat).
- Unanimous approval of Resolution P21-16 (Colliers Hill Filing No. 4I, Lot 1 Site Plan).
- Unanimous vote to continue Resolution P21-20 (Oil and Gas Standards) to the December 1, 2021, Planning Commission meeting.
- Unanimous vote to request a joint study session with the Board of Trustees before December 1, 2021, to further discuss the oil and gas ordinance.
Meeting Transcript
Thirty-one, and I'm calling this meeting to order. Good evening. Welcome to the October sixth meeting of the Planning Commission. Please join me for the Pledge of Allegiance. And I would appreciate it if everyone would unmute for that, because otherwise it's just me, and then I feel really awkward. Thank you. Commissioner Hoback. I think that was. All right. Thank you. Um, this brings us to the approval of the September 15th Planning Commission meeting minutes. Do we have any changes to that? Or a motion? Motion to approve the September 15th meeting minute. Who are you? Thank you. Thank you. Aim second. We have a motion and a second. Will the secretary please call roll? Commissioner Hoback. Yes. Waiting for got it. Commissioner Luthy. Yes. Commissioner Sawish. Yes. Commissioner Ames. Yes. Chair Zuniga. Yes. That is unanimous. This brings us to the public comments portion of the meeting. This is for public comments intended for items that are not already scheduled on the agenda to be discussed. Public comment is limited to three minutes per person. And when you're called upon, you'll be asked to state your full name and address for the record. Public comment is not interactive, as I mentioned before. It's not a question and answer forum, but it is a time for you to state your comments on a particular item or issue as long as it's not on our agenda. You'll be given a 20-second warning when your three minutes are almost up. Um I did notice that there were two people. There were two attendees. Now there's only one. I promoted one of them to panelist who's actually supposed to be in the meeting. So we do just have one in the waiting room, Kelsey Barnholt. Yeah, so um yeah, yeah, Kelsey is is your would you like to speak on something that is not on the agenda or is it something that is on the agenda? So I was going to give comment about oil and gas setbacks, and I'm having trouble deciphering from the agenda if that's on there or not. It is. It's the last item on the agenda. So if you want to um hang out there, uh we will let you know when we get to that point. Thank you.
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