OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Planning Commission Meeting - August 21, 2025

Planning CommissionThursday, August 21, 2025
BodyErie, Colorado
SessionPlanning Commission
DateThursday, August 21, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
2:05

That was a false.

2:14

Good evening, and welcome to the August twentieth, twenty twenty five meeting of the planning commission.

2:18

Please join me for the Pledge of Allegiance.

2:37

Well, the Secretary, please call roll.

2:40

Commissioner Booth.

2:42

Here.

2:43

Commissioner Salbush.

2:49

Commissioner Dreckman.

2:52

Commissioner Burns.

2:54

Here.

2:56

Commissioner Baham is absent and excused.

3:00

Vice Chair Brodus?

3:01

Here.

3:03

And Chair Hempel.

3:04

Here.

3:05

We have a quorum.

3:06

Thank you.

3:07

And we have an agenda this evening.

3:10

Does staff have any changes?

3:12

Do we have a motion to approve?

3:14

Motion.

3:15

Second.

3:16

We have a motion and a second.

3:18

All in favor say aye.

3:20

Aye.

3:20

All opposed say no.

3:23

Motion passes unanimously.

3:37

Motion to approve.

3:39

Second.

3:42

Someone claim it.

3:44

Second Burns.

3:45

Thank you.

3:46

All right.

3:47

Motion and a second.

3:48

All in favor say aye.

3:49

Aye.

3:50

All opposed say no.

3:52

Passes unanimously.

3:56

This brings us to public comment portion of the meeting.

3:59

This is for public comments intended for items not on the agenda.

4:06

We have we have one person in the virtual waiting room.

4:09

If you'd like to speak, please raise your hand.

4:34

Okay.

4:34

Well, I won't go through the song and dance of how public comment works.

5:00

Uh put this together earlier the month, and just wanted to go over the presentation, talk about if we want any changes, uh talk about what I'll bring up and we'll go from there.

5:12

So I guess the I don't have control over this, but the first item is the page, and then the mission, it's pretty much the same as I stole from Tim.

5:26

So thanks, Tim.

5:28

Um modified it a little bit just to be more on brand of what we're doing.

5:32

Uh list of all the commissioners, and then just wanted to add a table of all the staff who's helped throughout the last six months.

5:40

Just uh recognize that we're not the only people doing this.

5:44

So any comments on page one or two.

5:51

I think it's a nice touch with the staff.

5:54

Thank you.

5:58

All right.

5:59

Um and I asked Kelly if I missed anyone.

6:01

So if anyone realizes if I missed any staff, let me know.

6:05

But I think I got the main hitters.

6:09

Uh next slide is just an overview of what we've done for the last six months.

6:16

Uh it was mainly going over the recommendations for the development applications that we saw and just listing those out.

6:27

Um, and then the the two UDC code recommendations that we sent up to town council.

6:36

So again, not terribly exciting.

6:39

And then the next item is or the next page.

6:43

I guess if there's any comments on that, I can't.

6:46

Okay.

6:48

Uh next page is the goals.

6:51

Uh can continue providing feedback and recommendations that are consistent with the comp plan in the UDC.

6:59

Um the one that I added in for or I guess the two that I added in because the last ones were more about comp plan updates.

7:08

Um, is volunteering our time to review the UDC and the comprehensive plan to provide recommendations to align the code.

7:19

I again when I talked with Kelly, the planning department has a long list of changes to the UDC that they want to put in front of council.

7:33

Uh, there's been a lot of items added into it, but then this would be almost a comprehensive strip everything away and re-issue it is what the planning staff wants to do just to capture the clean it up, reorganize and make it coherent, uh that sort of body.

7:55

But obviously, they need direction from town council to go through with that.

8:00

And I think currently in the code for any UDC change, the planning commission is required to hear that.

8:10

Uh so they don't have to listen to us, but we get to hear any code change.

8:16

So I'm just putting that out there that I think this commission would be willing to do that.

8:22

I know I am, but I here to speak on behalf of the commission.

8:27

So any comments on that one.

8:30

Just that because they're gonna be basically replacing everything, it's going to be a long document to review and to comment on.

8:38

Yeah, it'll be pretty much the entirety of the UDC.

8:41

So good for us to know.

8:43

So I think that part of that is understanding where the town council is with the survey.

8:55

I haven't watched that latest meeting, so if there's any spoilers in there, you can let me know.

9:00

But um I just had that in there.

9:05

And the other item that I have under there is affordable housing.

9:09

I again made this a few weeks ago before they made their vote.

9:13

Um, and then after their vote to remove they um I reached out to Mayor Moore and asked when we could meet up.

9:22

He was expecting sometime in January time frame.

9:25

There's no real firm uh timeline for a uh a joint meeting right now, but that's what he was thinking as the time frame.

9:37

So just again pointing out that we're willing to continue supporting uh town council with that.

9:46

One potentially small change to the primary mission is to if whether you want to say development applications and related items just to make it consistent with the previous slide rather than just applications, continue to provide feedback and recommend the first one primary mission, yeah.

10:04

Yeah.

10:05

Related to new development applications and related items.

10:08

You can just take it off the previous slide.

10:11

Okay.

10:16

Okay.

10:16

It's up to you if you want to do that.

10:18

Yeah.

10:19

I I think it's up to us.

10:22

We want to do that, you know.

10:24

Yeah, I need a motion in a second, Bob.

10:27

Um so goals for 2020 20 2025.

10:32

This is very ambitious for 2025 slash 2026.

10:36

So yeah, that's good.

10:38

Because what's March, I think April is the next update that occurs.

10:45

Um I don't say UDC code updates, including in alignment with the comprehensive plan, because again, this is something where we can at any time address the UDC as we see fit for recommendation of an item, you know, hypothetically like that 172023 will that was you know recommended by us in an ordinance provides uh uh council that's one of them that we could potentially uh have as a recommendation.

11:21

Um this third item though, um uh I I'd I want to step back and you know remember what this body is tasked with, and affordable housing specifically is not one of those that is noted in the statute that provides us the authority for a planning commission.

11:45

So I just want to make sure that we aren't creating something that isn't actually tasked to us, it is part of the comprehensive plan, so holistically the comprehensive plan, UDC itself, um, but the caution is not adding something that isn't explicitly tasked to us yet.

12:06

In the sense in the sense that I obviously there's items in the affordable housing section that are in the code, which would be applicable to us, but outside of the code.

12:21

So maybe just narrowing it down to affordable housing provisions in the code or getting rid of it is what you're waiting to.

12:28

Um I would say leaving it a code updates, the affordable housing site is a code update.

12:35

So I don't know if we need to explicitly call that out, but yet I just want to make sure that we're what is within our purview.

12:45

Um, because if we say you know, affordable housing, then you know hypothetically technically it isn't one of our purview items within our power, affordable housing specifically.

13:00

UDC comp plan, definitely 100%.

13:03

Okay.

13:03

Now during the last town council meeting, the town council mentioned working with us, correct on a UDC update, correct.

13:16

Okay, so you're saying recommendations on UDC updates related to affordable housing.

13:21

Um yeah, we could even under the the UDC item including the you know um the administrative approval process because that's that's a specific item within the the UDC um that we're trying to affect.

13:41

Okay.

13:41

Well, that doesn't exist anymore.

13:44

Correct.

13:45

Well, no, but uh but it will need to by November.

13:49

I agree kind of I agree with Andrew's saying because we're calling out affordable housing, but we're not calling out saying like zoning something, you know, like the article zoning designation really matters to us.

13:57

You know what I mean?

13:58

So I feel like calling out maybe affordable housing specifically within the UDC and not calling out other parts of the UDC is is that kind of the same page a little bit.

14:06

I mean that's why like I don't know if it needs to be its own thing because it's part of the UDC update, like you said, so then again, calling it out in its own bullet and not calling out other specific parts of the UDC update.

14:22

Yeah, is that a little more than that?

14:23

I don't know.

14:24

The only thing I I it because it's specifically we've been um I think the it's tacitly agreed with council that they're gonna work with us um on revising that previous ordinance.

14:39

So I mean, I I understand what Andrew's saying it's it's covered in the second bullet.

14:45

Um calling it out, I I think is um I mean I don't have a problem with it simply because it would be it it's council said yeah, we're we're gonna work with planning commission.

15:07

It it's broad.

15:08

Yeah.

15:09

And that's why saying on UDC updates.

15:14

Yeah, so I guess to it if we remove that bullet but then extended the second bullet and add including affordable housing.

15:24

Is that what you're getting at?

15:26

Yeah, maybe we could have sub bullets of that UDC item.

15:29

Um the you know, review UDC and comprehensive plan to provide recommendations on code alignments, you know, have one of the sub bullets um comprehensive plan alignments with the UDC.

15:41

Another one is the revisions for the repealed 17 2023 um by November 2026 because that's the deadline that we have to have something, you know, so something to that effect.

15:55

Um, and then I'm sure that there's one or two others that we can come up with before them.

16:01

Unless staff has any recommendations of things that they you know you want to tackle that maybe we can help with in the end of this year going into next year.

16:12

I I think your sub bullets are great under unified development code updates.

16:17

And you might put, you know, your first statement is pretty broad, bringing into compliance the company in the unified development code, which we already have in our work plan.

16:26

We've had in our work plan for this year, it's been on hold um due to town council comments, and so we're waiting to kind of get released.

16:34

We also have it in the budget for next year.

16:36

Um, so we're anticipating a big change, like you said.

16:39

But we also have a lot of smaller ones.

16:40

I don't know if you want to mention those in here.

16:43

Uh I think well, I think that's what he was uh are there anything is there anything specific that you guys are working for?

16:48

I may just say uh other code amendments that are moved forward because I know like I'm working on there was there's state legislation that requires us to change our code to come into compliance.

17:00

I'm working on wireless communication facilities ordinance right now that'll come before you in the future.

17:06

Um so it's those kind of things that we will continue to bring smaller piecemealed ones.

17:13

I know my code inspector is working on sign code updates for issues.

17:18

We're having with businesses to try to be more accommodating to some of the signs that they'd like and to uh now that he's been in the field two years kind of cleaning up some things.

17:27

So you're gonna see those continually kind of dribbling in minus the big update because the big update will take a good amount of time to get through.

17:37

ADUs I thought were already changed.

17:40

Yeah, the ADUs was added in the yeah, yeah.

17:43

And I mentioned that in the previous slide.

17:45

Yeah.

17:46

They're they're used by right already.

17:49

Noticing one that came up, our attorneys were requested that we make a change in the code.

17:53

So we just have like some cleanup things that we do along the way.

17:57

I guess we're gonna like to touch up just have one.

18:01

I don't know if I feel too general.

18:06

Yeah, um, I'm gonna I was just thinking if there are any other bullet points.

18:10

Yeah, that's what it's large enough to put in.

18:14

Just saying others, maybe yeah, other code amendments as presented by Sally.

18:19

I I always go back to um when I was in uh 30 years ago, I guess in training for like public speaking stuff in work.

18:26

They always said put use three bullets on a slide.

18:28

So that's what I'm I'm partial to keeping the third bullet somewhere.

18:34

It's drilled into me.

18:36

Uh two and two is almost three, right?

18:40

Something all right.

18:43

So I'll modify this slide and I'll I'll send it out to the group.

18:48

Uh don't reply all to it, but uh you can reply back to me directly and then it's due.

18:54

I forget the exact date, but early September.

18:58

Or the changes in noticing or no, for the the presentation that needs to go to the court to Debbie.

19:03

Oh yeah.

19:04

September 2nd.

19:06

Thank you.

19:07

I was gonna look it up.

19:08

And how many meetings do we have between then?

19:12

None zero.

19:13

Yeah, like even we don't have a scheduled meeting, and I don't feel the need that this warrants have a special meeting.

19:22

Um like I said, I'll I'll send it out and then if the wording's good, um feel free to provide that feedback and that works for everyone.

19:38

But as of now, really the only changes to this slide and reducing it to two slides, adding affordable comp plan alignment revision to the UDC regarding affordable housing by November 2026 and other code amendments as presented by staff as sub-bullets.

20:04

And I'll volunteer Bob to do all of it.

20:12

This is obviously something through the appointment process that I feel strongly about, which is the expanded roles and responsibilities of the planning commission.

20:27

I know it's been on this presentation for the past every time for the past like three years, but actually sitting down talking about what is possible, what other communities are doing, and talking with council about the roles and responsibilities.

20:53

They are inclined to have that conversation and have that discussion.

20:58

That might be something good to have 2025-2026.

21:04

Okay.

21:27

Not since I've been on the commission.

21:29

Um the comp plan update was the last time.

21:41

It was like the interactive uh question thing that was up there.

21:48

That was the last time that I remember.

21:49

But yes, I agree.

21:51

Um so basically the the idea is find we have how many canceled meetings this year.

21:59

Um well, at least two in the last few months.

22:03

So the idea is though, um, you know, we we volunteer our time where we want to help and finding ways that we can help the council and the town and making it so that they you know, taking things off their plate or packaging it all together, because even with that repeal item that went to them, um, they had all that legwork taken out of it because we had three meetings that we discussed it, yeah, you know, in depth, even further than in depth, you know, similar idea where we basically package it with a bow and have the have the discussion with them for them to have the you know final say.

22:43

Yeah, and part of that is I believe our advanced agenda is relatively light this fall.

22:49

So are you familiar with that?

22:52

I didn't say but it is so I I know the the latest one we had was one item that I'm not sure when that's coming.

23:08

So I I think that's the Andrew's point.

23:12

We do volunteer our time, and I think we want to volunteer our time.

23:16

So would you I guess to your point, adding that to the actual slide here is the goal.

23:25

Yeah, okay.

23:26

And that'll get three bullets.

23:27

Yeah, there we go.

23:30

Obviously, I require us to you know sit down together before you know any potential joint uh meeting to say what is it's that we could do, what is it that other communities are doing, how else can we help agree on that, bring it forward to the council, get their insights and what we propose to find that balance of what is possible, what can be tasked to us because ultimately um I've heard this many many times from the town attorney's office.

24:02

Um it's basically what the council tasks the planning commission with is what we have under our purview.

24:09

So as long as it's something that they task us with, we can do so.

24:13

Okay.

24:14

Just make that an agenda item for our meetings, one of our meetings to start discussing.

24:22

I think I was gonna say the same thing.

24:24

Is it worth having like a subgroup go off and it can just be agenda item in our one of our meetings?

24:32

Yeah, no, I meant to prepare for it for that agenda item.

24:36

Oh, this is after this is in the idea where we've already gotten tasked with something, and then we have an agenda item before that joint session where we discuss it.

24:48

Yeah, we have our joint session.

24:50

Oh, I was thinking you was talking like we we would try to come up with ideas before we meet with town council so that we have like a laundry list of things that we we propose that we can that we can help with helping.

25:01

Yeah, and that's exactly what I was thinking is do we want to wait till the next meeting or have people talk about it beforehand to try to come up with suggestions.

25:10

Yeah, basically we we do some research, you know, and we basically present okay.

25:14

This is what we found.

25:16

Um similar to what you all did with the uh home rule charter where hey we have these topics that we want to address.

25:24

What are other communities doing?

25:25

So a number of you would research it ahead of time, come together and say, I found these things.

25:31

Here's some you know exact exact idea of that.

25:37

Okay.

25:42

Yeah, I think that would that would make sense for discussing, like I said, I'm not not even sure if we're scheduled uh if we have any items for our first September meeting.

25:56

You do we do okay have a code change for mailing with notice mailings?

26:02

So your next three meetings, um they tentatively have agenda items on here.

26:08

Know that these are tentative because oftentimes our staff will put it on there, but we're waiting on final documents from an applicant that do not get in on time, so sometimes we have to shift them around.

26:20

But right now you have the next three meetings into the beginning of all the agenda items on.

26:25

And would we want to do something specific on for like an agenda item for us to discuss, or can we have like a broad agenda item to discuss roles of a planning commission just to Yeah, I would suggest it'd be on the agenda.

26:40

Yeah, yes.

26:42

Not necessarily like we're going to discuss uh affordable housing this day, or we're gonna discuss bicycles this day.

26:51

Right.

26:51

Is that something you'd like to talk about the first meeting September or another meeting?

26:56

Uh do we want to do this before our the report to the commission or have some ideas?

27:05

Because we'd have to go discussion thing right before the report.

27:09

Well, the report is due before a meeting, but the actual presentation to the town council is the night.

27:15

So we have a meeting.

27:16

Yeah.

27:19

So we uh I know we have UDC changes upcoming.

27:22

There was a tentative item for this meeting for the last advance agenda.

27:27

I'm assuming that's not next meeting, but the meeting after that there was a tentative uh shall maybe SRU that was on our agenda for tonight.

27:40

I think from what I heard that may not I think that's still up in the air.

27:47

Yeah, I don't know which one that is.

27:54

Yeah, we're waiting for things for the applicant.

27:56

Um we're hoping to get it on earlier.

28:03

So they did give us what we need.

28:07

That happens a lot right here.

28:09

We try to be proactive as quickly as possible.

28:14

Um I mean, for the for the presentation, it doesn't have to be, you know, hey, we already had this conversation, and you know, we're going to have this conversation and you know, have a you know date certain for us.

28:25

That's okay, you know, just getting it on our agenda to start the conversation.

28:30

Um that way we can start hashing things out.

28:34

That works for me.

28:38

So do you want something on the September 3rd agenda?

28:46

Yeah, it can it'll be as short.

28:49

I think it'll be a good kind of like a brainstorming session.

28:53

And what would you like it to be?

28:56

Discussion of pointing commission role roles and responsibility, roles and responsibilities.

29:07

I think that's been verbatim, what has been up on this up on the slides.

29:11

Well, I also took out continuing education on here because I do want to do continuing education, but I haven't done much of that either.

29:18

So it's been right.

29:22

Yeah.

29:23

You have funds, yeah.

29:27

Okay.

29:28

That's held through the town clerk's office.

29:33

Well, you have ideas on continuing ed, you're welcome to bring those too.

29:38

Um, and then the last point, as I mentioned, this is presented on September 9th.

29:43

I'm planning on being there.

29:44

Anyone else wants to show up?

29:47

I showed up twice when Tim went and it didn't ask me much, so you can be a nice uh background if you want, or you can talk.

29:57

Hype man.

29:58

Yeah, I'd I'll be there.

30:00

Everyone needs a good hype man or hype woman.

30:04

I'll be there if uh no one else.

30:10

All right, well, you can watch it, you can watch it live.

30:17

So, like I said, I'll get um I'll get these added in the items that we talked about under the the code changes, adding another bullet for roles and responsibilities, and uh changing the year to 26, adding 26.

30:34

Um go going back uh real quickly to slide two.

30:38

Um, just out of curiosity, where do the terms come from that are listed here?

30:43

Those are the terms that are on the website, and based on the understanding, it's we're appointed to four year terms when we're appointed, and they were all in April.

31:00

Yeah, it was uh so for staff.

31:04

If we can receive some clarification, um so it was a resolution number 24076.

31:14

There were three individuals who were appointed to 2028, but we have listed four, and yes, I have seen it on the website.

31:25

Um if we could have clarification on that.

31:30

So again, that's resolution 24076.

31:36

And is that that was the one where I was appointed, right?

31:40

Yeah, this was uh uh laws Dreckman and Hampel.

31:44

Yeah, there was four protests.

31:47

There was four, and then yeah, yeah, I have the resolutions right here, and then three it was the four.

31:56

I mean, there's three and and Martin because yeah, who left who you replaced.

32:01

We have all interviewed that day, and we're all you I understand, but the resolution itself right so hypothetically um we have four that are terms through 2026 and three that are terms through 2028 as of right now through the resolution.

32:22

We'll just take it back to staff take that 24 076.

32:31

That's the only one you found you didn't find that resolutions for the other positions, hopefully correctly.

32:37

Um I know that they're available through uh the laserfech system.

32:44

Yeah, I know how to get them.

32:45

I just was wondering if you had found them.

32:47

Um you're very thorough.

32:51

I can find this real quickly.

32:52

Give me some.

32:52

No, that's cool.

32:53

And um when can I I'm what I'm doing is I'm messaging Kelly so she can follow up on this with you.

32:59

Who would you like her to respond to?

33:01

Share.

33:02

Yes.

33:14

Well, then I'll update those based on um what I get out of that.

33:22

That was just for clarification.

33:27

That was the one where we were appointed for like an eight-month term, and then we got extended.

33:35

Yeah, that was where it was the appointments to fill, and because um staff had put in time and effort to get those individuals up to speed, they requested that the uh terms be extended.

33:54

They're beyond our like eight months, right?

33:56

That's what you mean.

33:57

Extended months yeah, because it would have been 2024 that it would have, you know, yeah, it would have been a short cycle instead of having to re-interview individuals to fill those when you send it out.

34:11

My name's not on the resolution.

34:13

All right, well, it was nice working with you, Bob.

34:14

Yep.

34:17

Kelly, you're thinking there's it should be three to 2028.

34:21

It looks like based on the resolutions, it's three to 2028, meaning we had four through 2026.

34:34

Or the commissioner Brodus wasn't a good one.

34:35

I'm trying to give her I I want to say that there was a like a discrepancy with the dates that were shown on the website when they came on.

35:00

So I remember talking to Kelly about that just to clarify who was filling what appointment because there were um the four empty spots, but they were different, like the former chair, the former vice chair, and one of the other commissioners were actually those two were I think set to expire in 2024, and then the other two came in with me and Sherry and with Carly.

35:17

And so it but it seemed like there was one that was off that showed the wrong year expiration.

35:23

So that may be why it's there's a discrepancy there.

35:26

I recall that we can take a look.

35:28

Yeah.

35:29

But town clerks it have records.

35:33

Yeah, it became confusing just because it was a lot of filling vacancies and trying to figure out who was technically taking over for what spot.

35:42

Okay, we're gonna figure it out and get back to you.

35:46

Okay.

35:46

Thank you.

35:47

Do we September 2nd?

35:54

Put that in private.

35:55

Thank you.

36:01

What does happen in April of 2026?

36:04

Do we have to go through the interview process again?

36:07

Or is it if you what happened last time with these guys, it was actually they asked them if they wanted to extend or or continue and re-up them for four years essentially from the expiration.

36:22

2024 is my understanding.

36:24

So I'm assuming it'll probably be the same thing in next year.

36:34

Okay.

36:35

Council will decide.

36:37

Correct.

36:38

Yeah, you have to reapply for each term.

36:40

And then they'd be good decision.

36:42

But it wouldn't necessarily be, I mean, I guess they could interview, but um they didn't last time, they just said yeah.

36:49

Yeah, it's been different with different councils whether or not they reassigned or not.

36:54

Usually they do, but not always for your seven.

36:57

Yep.

37:05

Right.

37:06

Any other comments on presentation?

37:12

All right.

37:14

That ends our general business.

37:16

Any reports from staff.

37:22

All right.

37:23

Any uh commissioner reports.

37:31

I I do, I suppose.

37:33

Yeah, I can go.

37:36

Um, I feel like if Commissioner Baham was here, he would maybe remind folks that Mountain View is having their ground breaking ceremony tomorrow.

37:47

Is today, Wednesday?

37:48

Tomorrow, August 21st, 9 a.m.

37:52

Um, that's the hearing that we all were a part of, so that's kind of fun.

37:57

Um then my second thing that I wanted to um discuss or maybe just get clarification, and this could be from Kanal or Deb, if you want to speak to it.

38:12

But um, I just had kind of a question about kind of process, I guess.

38:17

Um, and so I wanted to ask or clarify with as commissioners, if we go to other boards and commission meetings, if we are allowed to speak as a commission, or if we're only supposed to speak as individual residents.

38:37

So if you're going to another board or commission, shouldn't be going as a group unless you're advertised because you're a meeting.

38:44

So if you're going as an individual, do you want to speak as a resident or you want to represent like the planning commission?

38:52

I guess you should probably get a blessing of the planning commission before you go about the topics that you wanted to bring up, so that it was representing the whole.

39:01

Um, and then certainly could ask to speak as the planning commission as a representative.

39:07

So okay.

39:11

Um, because I know that at recently at the town council meeting that there was a couple of individuals that spoke, and I you guys did an excellent job, but it kind of came across as the whole planning commission came together as a group and wanted to present that.

39:28

And so I just want to be careful that that when we do that that you are truly, like they said, either getting the blessing of the entire commission or you're just generally speaking as an individual.

39:44

Yeah, and uh I also made a comment, which I'm assuming you reference.

39:47

I tried to separate myself as a resident and the commission, so I don't know if you had thoughts on that or yeah, it just came across like maybe we just we wanted to come there as a group and and talk, but we can't obviously do that without noticing it as a meeting.

40:06

But it just kind of came across that the whole planning commission wanted that to be addressed that way.

40:12

So I just wanted to be careful on how we do that.

40:20

That was it for me.

40:21

Thank you.

40:22

That's good.

40:22

Thank you.

40:24

Commissioner Sowish were here.

40:27

Um yeah, uh to reiterate, yes.

40:29

Uh it's for the two individuals up here who are on the homeworld charter commission.

40:35

You know, I attended every single meeting as a resident.

40:38

Explicitly clear I was there as a resident.

40:41

Um, because I you can't represent a body or your official capacity in a different way unless explicitly provided.

40:50

And I like uh boards and commissions are provided to the council.

40:53

They have the liaisons, those individuals are explicitly provided the permission, but they still have to speak as the body.

41:00

Um, so in terms of resolutions, ordinances, those kinds of things that we recommend, our vote is our voice.

41:11

Um it's quite all right to go there as a resident.

41:14

That is absolutely fine.

41:15

You should go, you know, speak your mind when it comes as a resident.

41:20

Um, but we got to be very careful because those things can, it's not only you know, the optics of it, certain things can come back negatively legally as a repercussion in some situations.

41:36

So we just want to make sure that we stay away from that.

41:39

Um other item I have uh during the council conversation related to the recommendation of the planning commission's recommended ordinance for the revision to 172023.

41:56

There was a comment made by the town attorney saying um they couldn't even vote on the item.

42:04

Um, if I remember correctly, um, it wasn't done correctly procedurally, and they literally could not even take that as an option to vote on.

42:15

So for legal counsel from the town attorney's office.

42:21

Do we know why procedurally things weren't done correctly or what it was that made it so that the council couldn't even have that as an option?

42:32

Yeah, so Kelly and I talked about it, right?

42:34

So we worked on the um the revised ordinance or you know, resolution to send um an ordinance to send up to town council after the last meeting.

42:46

The problem was, you know, we were it was supposed to be approve, approve of conditions or deny.

42:52

I think something got crossed where the end result was it was a denial of that ordinance with conditions.

43:00

You can't deny with conditions, and with and with those conditions, it was Kendra's determination, then we agreed that it would unless it's a like a um unless it's a land use application um with code amendments.

43:18

If it's like a kind of this felt more of like a whole scale kind of rewrite or at least significant rewrite, um you can't really do a conditional approval, which is I guess something you know, something that Kendra was like we so in the future if that happens, if we have significant rewrites, um we can't do that unless it's a land use.

43:39

So we as a body can provide recommendations for updates to the UDC.

43:45

So hypothetically, could it be that the resolution before us, the revision to the ordinance, we recommend approval or denial separately from that, we bring forth to the council the alternative recommendation.

44:05

Recommendation um to I guess that was an interesting one because that was a repeal situation.

44:13

Yeah, because that was the problem.

44:14

It was when you know I was saying that we need to be clear that we're approving that ordinance with conditions, but it was a denial.

44:21

Um, once we we mean uh Kelly reviewed the recording and reviewed the vote, and it was a denial um by the uh commission, and so drafting it the way I had to draft it, it just wasn't gonna work.

44:34

And so Kendra determined and I agreed that we just had to put it as a denial um from the commission, planning commission.

44:41

Though we couldn't include the uh conditions.

44:44

Oh, we so we couldn't include the conditions, period, it would just have to be we do not recommend period.

44:51

Yes.

45:00

But if it were a situation where is a UDC update that was coming before us and we had some disagreement with the language or the the methodology in which it was trying to address whatever it was, we can alter that resolution that goes forward because it's a um recommendation for approval with conditions, and those conditions are what we basically draw up, correct?

45:24

Yeah, but the yeah, but the conditions can't be the way that the difference was here, these conditions essentially amounted to a denial.

45:32

Yeah.

45:32

So that's that's why you c we couldn't include those conditions because um yeah, that's so but in your scenario, as long as that the conditions aren't amounting to a denial, then yes, that would be allowed.

45:45

Okay.

45:45

If that makes sense.

45:46

Yeah, we can't uh we can't recommend keeping it on, you know.

45:50

It's yeah, I get it.

45:52

Okay.

45:52

Yeah, yeah.

45:53

Interesting.

45:54

Okay.

45:55

That makes sense.

45:56

Yeah.

45:56

So only if the direction was revise the ordinance, then we could have provided a recommendation to like change condition.

46:05

Yeah.

46:06

Okay.

46:08

I I guess in my mind it it it was sort of a denial, but these are these are the steps we're recommending to amend this situation.

46:18

But what you're saying is that we even if we had voted to to not rescind, it had to stop right there.

46:27

We couldn't attach the conditions or recommendations of steps to rectify.

46:32

Yep.

46:33

So so the so just using the previous example, the affordable uh the housing, um, so they the ordinance was removing you know certain references of affordable housing, correct?

46:45

That's what the ordinance was.

46:46

Yes.

46:47

The conditions that you had weren't accepting those rejections and then conditions on top of it, right?

46:53

That would be approval with conditions, correct?

46:55

You guys were denying those the removal of affordable housing plus additional conditions.

47:02

So that that why that's why we couldn't put that in but ultimately it just means they couldn't vote on our document.

47:09

Yes, but they could still take the recommendations under consideration under their own motion or something along those lines.

47:19

I guess I'm just wondering if it if a similar situation, how we would I think what commissioner Sowich is mentioned is how would we propose a solution, we believe, and then you know, in addition to the denial in this case.

47:33

Yeah, so unfortunately in in that of like the affordable housing, it would just have to have been a done denial.

47:39

So they should have just considered the denial, not with those conditions.

47:42

Okay.

47:43

So even if it's a right, yeah.

47:44

So it kind of keeps the planning commission's hands are kind of tied there.

47:48

It's if we pass on their minutes, just a question for you also.

47:52

Oh yeah.

47:53

If we're passing on the minutes, which we typically do onto the town council, yeah, they could do some kind of a side note in there that like we would hope the town council would consider.

48:04

Yeah, but they're the vote.

48:06

We passed on this resolution that we say yes or no on, but okay.

48:13

Just another reason to have joint meetings, we can't.

48:16

But but also only that way.

48:18

Like if the if that was in the minutes and the commission says we hope town council not an official vote, yeah.

48:23

That would also have to be kind of an informal decision by planning commission that they want that in the minutes.

48:30

You know what I mean?

48:30

So let's say you say that, but four four out of the seven of you are like, no, I don't I don't agree with that, then that's not a then that can't be in the minutes, if that makes sense.

48:41

Yeah, I mean, and I think yeah, it it does.

48:44

It it just like, yeah, just trying to if anything's the same thing who should say, which is like how do we deal with something similar?

48:50

Yeah, if we end up not agreeing with the original.

48:55

Yeah.

48:56

So ask.

48:57

So hypothetically, what we could have done, since we took 60 days, we add an additional ordinance or resolution that also goes to council separate from because it ended up being one single item that we had a recommendation for an amendment to the UDC to add in the language of no more than a hundred units shall be added to the UDC section, blah, blah, blah, blah, blah.

49:27

So basically we would then vote for denial or approval on that one, and then we have the second piece that goes up there with it.

49:37

Um separate items because obviously there's that one that is shall we, you know, recommend would that be a suitable way to do so.

49:48

So it's a separate recommended amendment.

49:52

Effectively, just the another planning commission resolution.

49:55

So you have but you don't really have the permission to be able to write your own code as a planning commission, you make recommendations.

50:02

You make recommendations.

50:03

Yeah, so you on a code because it wouldn't that wouldn't be on the that wouldn't be on the agenda in front of you.

50:08

You would be crafting that at the meeting, so you wouldn't be able to do that.

50:11

That alternative um ordinance or resolution.

50:15

You'd have because like staff when we're drafting, we're either like led by state or we need some revisions and we have the right to start those, or town council will direct us.

50:26

And sometimes we even go with some of our ideas that we're not sure if they're if they want to consider, and we'll go have a study session with them first to kind of discuss an outline.

50:36

I'm doing that right now with fire spray space for the building code, um, in which the homeowner association wants some changes.

50:43

We have to a study session to run it by them to get their authorization since they're the final operator.

50:50

No, if it's even preferred to have it.

50:52

So can I get clarification?

50:53

Because I feel like and PS, I'm just even more confused um than I was at the last several meetings about this.

51:00

But isn't essentially what we were doing was trying to craft our own version.

51:05

So like it should have been just shut down immediately, or no, because so you were you were just at you were you were making conditions, and when I you know last meeting we were trying to make it clear that it can only be approval approval with conditions or deny, right?

51:18

But I I think the the end result ended up being denial with conditions.

51:22

I think what commissioner Sowage and correct me if I'm wrong is saying if we in that scenario for for affordable housing, if we denied we we recommended our planning commission recommended denial, and then uh there crafted another alternative recommendation of those conditions, like our adding conditions or adding changes to the UDC, that wouldn't be allowed, right?

51:45

Because you would it needs to be like if if any time an ordinance is coming forward, it has to be publicly noticed, you would have just standed up on the spot.

51:54

Nobody would have ever known you were doing it, and that you know it's like totally out of order.

51:58

But if we if we had again we had 60 days to do that, right?

52:03

So hypothetically, we could have said, hey, can we have you know a notice meeting in the future so we can draft an amendment a recommended UDC amendment?

52:15

Yes, it so happens that it's the same area that we're going to be affecting, but basically, you know, add in 10, 6, 12, you know, C, for instance, right?

52:27

And adding that in, you know, cannot be used no more than a hundred you know units on the property, something like that.

52:35

Um, is that within our purview to make a recommendation or an update to the UDC?

52:41

No, I don't I don't believe so.

52:43

So the only way that a recommendation for the UDC can occur is staff driven or council driven.

52:52

Yes.

52:54

Okay.

52:56

Or through a study session.

52:58

If we had a study session, they were talking about, but then yeah, and then staff would yeah, okay.

53:03

Yeah, yeah, the result of the study session would be staffing or something.

53:09

Giving direction, right?

53:10

And most of what we do is authorized by a tab council through budget, like UDC amendment.

53:16

That's why we're on hold.

53:17

So they're not you know, they're not on the same ring like with our work plan right now.

53:22

So there's all kinds of things that we need to get kind of thereby and and their authorization as well.

53:29

Well, knowing what happened the last time we did that massive UDC amendments, I'm sure you're kind of like, let's I'm fine with putting it off for a little bit.

53:39

That was a lot of chapters and a lot of reading.

53:41

I love doing that stuff.

53:52

Were you through with that one?

53:53

So that's all thank you.

53:54

I have one other quick one.

53:55

Okay, or do you want others first?

54:00

Okay, just to let people know there is a groundbreaking at Schofield on the 28th.

54:04

And so if you're interested in that, for the registers.

54:08

I'm sorry, is that for the maker?

54:10

No, it's well, it doesn't seem like it's officially for the makerspace, but what they're saying is celebrate the start of this exciting project that will enhance recreation, natural beauty, and community connection for years to come.

54:24

And I know there's been a ton of work going on over there, so just let the commission know that this is happening.

54:35

Um the answer is yes, it is for the makerspace as well.

54:40

Yeah, as well, but it's not only the makers remote.

54:44

Like the open space.

54:45

Yeah, yeah, I know there was a proposal put in to redo the barn.

54:51

Barn renovation, site improvements, makerspace, all beginning in August of 2025.

54:56

Yeah.

55:00

Then my only report is I've been on the sustainability action plan committee.

55:05

I missed the last meeting.

55:07

But the next meeting is on a Friday that I'm available and it's virtual.

55:12

So I will mostly be there as individual.

55:19

What do they call it?

55:20

The Chalet or something.

55:21

Charrette.

55:22

Yeah.

55:23

No is French.

55:27

Um of my perspective.

55:31

Mostly as a resident, but if there's any planning, my planning commission experience when it gets brought out.

55:38

I was was invited to, but I was out of time.

55:41

Okay.

55:41

Yeah.

55:44

So this is another border commission.

55:47

Um it is not a board.

55:51

It's a it's not part of the sustainability board.

55:55

I think it's it's more the sustainability department is running this.

56:01

And they have multiple people.

56:05

I mean it's mostly residents.

56:07

Yeah, you're you're a resident there.

56:09

Yeah.

56:10

Yeah.

56:10

That's a that's a that's a staff-led uh task force.

56:14

Yeah, that's yes.

56:15

You're definitely a resident.

56:17

Yeah, yeah.

56:18

I'm not speaking, yeah.

56:19

I'm not speaking on behalf of the planning commission.

56:21

Yeah, but yes, yeah.

56:24

I get it.

56:25

I I try to make that distinction.

56:31

All right.

56:32

Well, I forgot to hit the gavel the first time, but do we have a uh motion?

56:40

Motion second motion is second, all in favor.

56:45

Aye, aye, okay.

56:46

All right, it is 724, and the meeting is adjourned.

Discussion Breakdown — Share of Meeting
Municipal Governance██████████████████████████████████34%
Planning And Development███████████████████████████27%
Affordable Housing████████████12%
Procedural███████████11%
Legal Affairs███████7%
Personnel Matters█████5%
Parks and Recreation███3%
Public Engagement1%
Summary of Proceedings

Planning Commission Meeting - August 21, 2025

The Erie Planning Commission met on August 21, 2025 (transcript date indicates August 20, 2025) to approve the agenda and minutes, discuss the annual report presentation, review goals, and address procedural questions. All actions were unanimous unless noted.

Consent Calendar

  • Approval of Agenda: Motion by Chair Hempel, second by Commissioner Burns. Passed unanimously.
  • Approval of Minutes: Motion and second, passed unanimously.

Public Comments & Testimony

  • No public comments were made.

Discussion Items

  • Annual Report Presentation: Chair Hempel presented slides for the commission's upcoming presentation to town council on September 9, 2025. Slides included commission overview, accomplishments (recommendations on development applications and two UDC code amendments), and goals for 2025–2026. Key discussion centered on:
    • UDC Updates: Staff is anticipating a major UDC overhaul; planning commission is willing to review. Commissioner Dreckman suggested sub-bullets under UDC: comprehensive plan alignment, revisions for affordable housing by November 2026 (following council's repeal of Ordinance 17-2023), and other code amendments as presented by staff. Chair Hempel will modify the slide accordingly.
    • Affordable Housing: Commissioner Sowish cautioned that affordable housing is not explicitly in the planning commission's statutory purview, but UDC updates related to affordable housing are within scope. It was decided to include affordable housing as a sub-bullet under UDC rather than a standalone goal.
    • Roles and Responsibilities: Chair Hempel proposed adding a bullet to discuss expanded roles and responsibilities with town council. Commissioner Sowish supported this and suggested making it an agenda item for a future meeting. A discussion item on "Planning Commission Roles and Responsibilities" will be placed on the September 3, 2025 agenda.
  • Term Clarification: Commissioner Sowish noted a discrepancy in listed terms on the slide (four members listed with terms through 2028 but resolution 24076 only appointed three to 2028). Staff will research and provide clarification.
  • Procedural Questions: Commissioner Burns asked about speaking at other boards as individuals vs. representing the commission. Commissioner Sowish clarified that commissioners speak as residents unless explicitly authorized. Commissioner Dreckman raised a question about the procedural issue with the prior vote on Ordinance 17-2023 (denial with conditions not allowed). Staff explained that conditions amounting to denial cannot be included; a separate recommended amendment would require proper noticing and council direction.

Key Outcomes

  • Presentation Modifications: Chair Hempel will update the annual report slides to include:
    • Sub-bullets under UDC updates: comprehensive plan alignment, affordable housing revisions by November 2026, and other code amendments.
    • A third bullet for "Discussion of Planning Commission Roles and Responsibilities."
  • Future Agenda Item: A discussion on roles and responsibilities will be added to the September 3, 2025 meeting agenda.
  • Term Research: Staff will clarify term expiration dates for commissioners and update the slide.
  • Adjournment: Motion to adjourn carried unanimously at 7:24 PM.

Meeting Transcript

That was a false. Good evening, and welcome to the August twentieth, twenty twenty five meeting of the planning commission. Please join me for the Pledge of Allegiance. Well, the Secretary, please call roll. Commissioner Booth. Here. Commissioner Salbush. Commissioner Dreckman. Commissioner Burns. Here. Commissioner Baham is absent and excused. Vice Chair Brodus? Here. And Chair Hempel. Here. We have a quorum. Thank you. And we have an agenda this evening. Does staff have any changes? Do we have a motion to approve? Motion. Second. We have a motion and a second. All in favor say aye. Aye. All opposed say no. Motion passes unanimously. Motion to approve. Second. Someone claim it. Second Burns. Thank you. All right. Motion and a second. All in favor say aye. Aye. All opposed say no. Passes unanimously. This brings us to public comment portion of the meeting. This is for public comments intended for items not on the agenda. We have we have one person in the virtual waiting room. If you'd like to speak, please raise your hand. Okay. Well, I won't go through the song and dance of how public comment works. Uh put this together earlier the month, and just wanted to go over the presentation, talk about if we want any changes, uh talk about what I'll bring up and we'll go from there. So I guess the I don't have control over this, but the first item is the page, and then the mission, it's pretty much the same as I stole from Tim. So thanks, Tim. Um modified it a little bit just to be more on brand of what we're doing. Uh list of all the commissioners, and then just wanted to add a table of all the staff who's helped throughout the last six months. Just uh recognize that we're not the only people doing this.

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