Erie Planning Commission Meeting – July 7, 2022

Note: The meeting agenda, minutes, and transcript all indicate the meeting took place on July 6, 2022, not July 7, 2022 as stated in the instruction. This summary uses the date provided in the instruction for consistency, but the discrepancy is noted.

The Erie Planning Commission held a regular meeting on July 6, 2022 (reported as July 7 in the instruction), chaired by Chair Zuniga. The meeting included two public hearings for preliminary plat approvals, both of which received unanimous recommendations for approval. No public comments were made during either hearing. The commission also received staff reports and discussed upcoming meetings and policies.

Consent Calendar

• Approval of Agenda: Unanimously approved (5-0).
• Approval of Minutes (June 15, 2022): Unanimously approved (5-0).

Public Comments & Testimony

• No public comments were made during the open public comment period or during either public hearing. The only attendees in the virtual waiting room were identified as applicant team members.

Discussion Items

Westerly Preliminary Plat No. 2 (Resolution P22-03)

• Staff Presentation: Shannon Moeller, Senior Planner, presented the proposal for Westerly Preliminary Plat No. 2, covering approximately 119 acres with 397 lots (single-family detached and duplexes) at 3.3 dwelling units per acre. The plat extends the central greenway from the first plat and includes a 9-acre neighborhood park, pocket parks, open space, and trail connections. The housing diversity requirement was met by the first plat. Reports addressed geotechnical conditions, expansive soils, mine subsidence (Columbine mine), and oil and gas setbacks (350-foot minimum, exceeded). No active wells on site; three legacy wells have been plugged and abandoned.
• Applicant Presentation: Heidi Majerik of Southern Land Company provided background on the company and the project. She reviewed the history of oil and gas on the property, noting that all surface rights were removed and three vertical wells were plugged and abandoned. The site will be over-excavated to 25 feet to mitigate expansive soils. The applicant emphasized water conservation through native seed areas and low-water-use landscaping.
• Commission Questions & Comments:
  • Commissioner Booth asked about housing diversity; staff clarified it is measured development-wide, and the first plat already satisfied requirements.
  • Commissioner Burns asked about responsibility for capped wells; the applicant stated Occidental (the oil and gas company) would handle maintenance if issues arise, but ongoing monitoring is not required by the town.
  • Commissioner Swikoski inquired about expansive soils and mitigation; the applicant described over-excavation and post-tension slab construction, with warranties following state law.
  • Vice Chair Luthi asked about the community park location; staff explained that park impact fees are paid per building permit, and the park is not on this plat.
  • Chair Zuniga asked about horizontal well directions; the applicant noted Windsock wells are drilled north under the property, but not under housing.
  • The landscape architect explained the use of native seed for water conservation and a restoration plan tailored to soil conditions.
• Outcome: The public hearing was opened at 6:34 PM and closed at 7:15 PM. The commission unanimously approved Resolution P22-03 recommending approval to the Board of Trustees (5-0).

Colliers Hill Filing No. 4H Preliminary Plat (Resolution P22-04)

• Staff Presentation: Chris LaRue, Senior Planner, presented the proposal for Colliers Hill Filing No. 4H, a 14.68-acre site with 159 alley-loaded townhome lots (10.83 dwelling units per acre) within the Bridgewater/Colliers Hill PUD. The PUD allows up to 11.92 du/ac. The townhomes help meet the housing diversity requirement for the overall development. The site has no oil and gas impacts; a methane detection system will be installed in each unit as a precaution. Staff recommended approval with one condition (execution of a development agreement).
• Applicant Presentation: Samantha Pollmiller of Norris Design presented virtually on behalf of BD Living. She highlighted the site's proximity to amenities (future community park, open space, schools), the townhome design (3-4 unit buildings, fronting streets or open space), and private amenities including a playground, fire pit, and seating areas. On-street and off-street parking totals 480 spaces (about 3 per unit). The PUD requires enhanced elevations and architectural variety.
• Commission Questions & Comments:
  • Vice Chair Luthi asked if this is the last application for Colliers Hill; staff said there is one more (Filing 6 / Village 1).
  • Commissioner Swikoski asked about expansive soils; staff confirmed over-excavation and post-tension slab on grade with structural beams.
  • Commissioner Burns asked about housing diversity (referral comment from July 2021) and an abandoned well; staff noted the well was off-site and the issue has been addressed. He also asked about traffic impact from the nearby high school; staff stated traffic studies were satisfactory and a traffic signal will be installed.
  • Commissioner Booth asked about crosswalks and sidewalks; existing sidewalks are on the east side of County Line Road, and the crosswalk will be painted. She also asked about visitor parking; staff confirmed both on-street and off-street spaces meet requirements.
  • Chair Zuniga questioned the placement of a pocket park adjacent to a future community park; the applicant explained it is a private amenity area that will provide a view corridor and usable space.
• Outcome: The public hearing was opened at 7:18 PM and closed at 8:03 PM. The commission unanimously approved Resolution P22-04 recommending approval to the Board of Trustees (5-0).

Staff Reports

• Planning & Development Monthly Report: Deborah Bachelder, Planning Manager, noted upcoming agenda items: July 20 meeting will include CIRSA legal training (75-90 minutes) with the Board of Adjustment, and discussion of the Semi-Annual Report to the Board of Trustees. August 3 meeting will have two public hearings: Erie Highlands Preliminary Plat No. 5 and Parkdale PUD Amendment No. 3.
• Virtual Attendance Policy: Bachelder clarified that virtual participation by commissioners is only allowed for medical reasons, as confirmed by the Town Clerk. Commissioners should notify staff of absences in advance.
• Public Hearing Procedure: Town Attorney Austin Flanagan recommended that during public hearings, the chair should allow one round of questions, then close the public hearing before deliberation. No further questions or public comments are allowed after closure.

Commissioner Reports and Discussion Items

• Commissioner Swikoski stated he will be unavailable for the August 3, 2022 meeting.
• Chair Zuniga has drafted a presentation for the August Board of Trustees update; it will be reviewed at the July 20 meeting.
• Chair Zuniga attended the Airport Economic Advisory Board meeting in a non-official capacity for outreach.
• The vacancy on the Planning Commission was discussed; it resulted from Commissioner Hoback moving to the Board of Trustees. Staff noted there were several applicants but no new appointment has been made yet.

Key Outcomes

• Westerly Preliminary Plat No. 2 (Resolution P22-03): Unanimously approved (5-0) to recommend to the Board of Trustees.
• Colliers Hill Filing No. 4H Preliminary Plat (Resolution P22-04): Unanimously approved (5-0) to recommend to the Board of Trustees.
• Consent Agenda: Unanimously approved.
• Meeting Adjourned: 8:18 PM.