Erie Planning Commission Meeting – October 20, 2021\n\nThe Erie Planning Commission met virtually at 6:32 PM on Wednesday, October 20, 2021, to consider several items including a PUD zoning map amendment, a resolution to hire a consultant for the Comprehensive Plan update, a study session on oil and gas development standards, and a proposed update to the Unified Development Code. The meeting adjourned at 11:15 PM.\n\n### Consent Calendar\n- Amended Agenda: Approved unanimously (5‑0) after correcting Agenda Item 21‑441 from “Public Hearing” to “General Business.”\n- Minutes of October 6, 2021: Approved unanimously (5‑0).\n\n### Public Comments & Testimony\n- General Public Comments: No comments were offered on non‑agenda items.\n- Oil & Gas Study Session (item 21‑465): Several property owners and developers expressed concerns about lack of notification, unintended consequences of proposed 500‑foot setbacks, and the impact on property rights and housing affordability. Speakers included:\n - Roger Hollard (4663 S. Fountain Circle) – warned of unintended consequences, questioned the scientific basis for 500‑foot setbacks, and noted that some cities use 200‑foot setbacks.\n - Jon Lee (2500 Arapahoe Ave, Boulder) – commended David Frank’s revisions, raised questions about measurement from wellhead vs. facilities and the effective date.\n - Matt Janke (Parkdale/Spring Hill) – asked whether disclosures would run with the property in perpetuity and sought clarity on which developments would be grandfathered.\n - Stacy Jourgensen (family property owner) – stated the 500‑foot setback would render 40 % of his 13‑acre parcel unusable; requested grandfathering.\n - Todd Bloom (Oakwood Homes) – said Oakwood was not notified; urged more inclusive dialogue on appropriate setbacks.\n - Mark Russell (20‑year commercial property owner) – also not notified; called for a public meeting with affected landowners.\n - Sharon Jourgensen (small landowner) – echoed notification concerns and asked for grandfathering for those already in the preliminary‑plat process.\n- Emailed Comments: Three emails were received regarding the oil and gas item and were entered into the record.\n\n### Discussion Items\n\n#### Erie Highlands PUD Zoning Map Amendment No. 3 (Item 21‑437)\n- Proposal: Establish dimensional and design standards for alley‑loaded townhomes in Planning Area 10. No change to density (200 units) or zoning.\n- Staff Recommendation: Approval with one condition.\n- Commission Questions: Commissioner Luthi asked about basements (possible but not final) and confirmed no stacked units. Commissioner Sawusch noted the boundary modification on the western edge. No additional changes. Chair Zuniga inquired about the adjacent Blake’s salvage parcel.\n- Public Comment: None.\n- Outcome: Motion to approve passed unanimously (5‑0).\n\n#### Comprehensive Plan Consultant Resolution (Item 21‑438)\n- Background: The Commission reconsidered a July vote to recommend Logan Simpson after the town attorney indicated the July meeting may not have allowed a proper vote.\n- Debate: Commissioner Ames argued for delaying the decision to rebuild public trust, citing flaws in the scoring process. Commissioners Hoback and Luthi favored moving forward with the previously agreed process. Commissioner Sawusch proposed amendments clarifying that Logan Simpson received the highest aggregate score at the submission deadline (11:59 PM May 23, 2021) and maintained it when scores were released (9:10 AM May 25, 2021). Chair Zuniga noted the Commission followed the rules and the ball is now with the Board of Trustees.\n- Vote: The motion to approve Resolution P21‑24 with the amendments carried 4‑1 (Commissioner Ames opposed).\n\n#### Oil & Gas Study Session (Item 21‑465)\n- Presentation: David Frank outlined proposed revisions to Section 10‑6‑14, including default 150‑foot setback, reduction to 50×100 ft if well location is verified and no contamination found, and removal of the requirement for a professional engineer.\n- Public Comment: (See above) Landowners and developers stressed the need for more community engagement, clearer definitions, and consideration of economic impacts.\n- Commission Discussion: Commissioners raised concerns about scientific justification for setbacks, property‑rights impacts, risk allocation, and the potential for development to move to neighboring jurisdictions. Chair Zuniga questioned whether restrictive ordinances could drive annexation by Frederick or Firestone.\n- Trustee Comments: Trustee VanWoudenburg supported larger setbacks based on the precautionary principle, stating “there is no safe exposure to benzene.” Trustee Bell apologized for the lack of communication and urged collaborative revision.\n- Outcome: The item was continued from December 1 to November 17, 2021 to allow staff to produce a revised draft.\n\n#### UDC Amendments – Repeal and Re‑enactment of Chapters 2–7, 9, 11 (Item 21‑441)\n- Presentation: Deborah Bachelder highlighted changes since the September study session. The major point of contention was the removal of Section 10‑7‑21, which would eliminate the Planning Commission’s review of future UDC text amendments.\n- Commission Reactions: Chair Zuniga and Commissioners Sawusch and Luthi strongly opposed the deletion, arguing it would remove a critical layer of public oversight. Commissioner Hoback agreed. Commissioner Ames noted the town attorney had stated the Commission could recommend keeping the section.\n- Straw Polls: The Commission informally rejected adding a “deemed a nuisance” clause for landscaping violations (already covered elsewhere) and declined to add multiple‑use parking requirements for apartment accessory uses.\n- Outcome: Commissioner Sawusch moved to continue the hearing to November 3, 2021 to allow staff to return with a version that keeps Section 10‑7‑21 intact. The motion passed unanimously (5‑0).\n\n### Key Outcomes\n- Erie Highlands PUD Amendment (21‑437): Approved unanimously.\n- Comprehensive Plan Consultant Resolution (21‑438): Approved 4‑1 with amendments clarifying scoring timeline.\n- Oil & Gas Ordinance (21‑465): Continued to November 17, 2021 for a revised draft.\n- UDC Amendments (21‑441): Continued to November 3, 2021 to reconsider the removal of Section 10‑7‑21.\n- No staff or commissioner reports were given.