Erie Town Council Meeting - March 12, 2024

The Town Council of Erie met on March 12, 2024, at 7:41 p.m. (delayed due to technical issues) in Council Chambers. The meeting covered consent agenda, public comments, a home rule charter districting update, a public hearing on a Vista Ridge senior housing development, approval of a pre-development agreement for affordable housing on Cheesman Street, and appointment of an additional member to the Landfill Task Force. The meeting adjourned after an executive session.

Consent Calendar

• Approved the February 27, 2024, Town Council meeting minutes.
• Approved Resolution 24-045 (construction contract for Downtown Infrastructure Improvements with Mountain Constructors, Inc.).
• Approved Ordinance 008-2024 (repealing and enacting campaign finance regulations).
• Approved Resolution 24-043 (amendment to JR Engineering agreement for Zones 3 and 4 Waterline Extension).
• Approved Resolution 24-044 (agreement with RockSol Consulting Group for Coal Creek Channel Restoration and Flood Control design).

Public Comments & Testimony

• Michael Krause (316 Simmons Street) expressed concern about the Creststone Peak Resources well plugging and abandonment behind his home. He noted a significant spill, lack of communication from Creststone, and absence of fencing or warning signs. He requested town guidance on toxin risks and support for residents.

Discussion Items

• Home Rule Charter: Council District Options (7:45 p.m.): Amy Teetzel and Gabi Rae presented an update on community engagement for districting. Two plans (Plan 1 and Plan 2) are under consideration. A survey and interactive map are open until March 29, 2024. As of the meeting, 89 residents had responded, with a trend favoring Plan 2, which keeps precincts and subdivisions intact. Councillor Bell asked about precinct divisions in Plan 1; staff explained it was based on census blocks. Councillor Harrison noted trends in comments. Councillor Salsich expressed concern about using census numbers rather than voter rolls, noting that undeveloped areas like Erie Gateway may skew representation.

• Vista Ridge Development Plan Amendment No. 7 (Public Hearing) (8:05 p.m.): Chris LaRue (Principal Planner) presented a proposal to amend the Vista Ridge PD to allow a 64-unit age-restricted cooperative housing development on a 3.14-acre site north of Village Vista Drive and west of Mountain View Boulevard. The applicant, Shane Wright of Real Estate Equities, described the cooperative model (buy-in shares, monthly expenses split among 64 owners, 3% annual appreciation on share resale). The site is currently zoned for commercial use; the amendment would change the designation to medium-density residential. Planning Commission unanimously recommended approval on February 7, 2024.

  Public Testimony:

  • Opposition: Several residents from the Latitude neighborhood (Wendy Davidson, John Ashweya, Michelle Peach, Karen Dilly, Stephanie Trasca, Joe Bucci) raised concerns about drainage, soil stability, water table, traffic, parking, and building height. They noted existing infrastructure problems (sewer, stormwater) and feared the three-story building would overlook their homes. Some suggested alternative locations. They emphasized support for senior housing but opposed this location.
  • Support: Jackie Stipe, Clarence Paul, Michael Sanders, and Heather Bowdy spoke in favor, citing the need for affordable senior housing, the cooperative's financial model, walkability, and the desire to remain in the community. They argued seniors would be good neighbors and not add to traffic.

  Council Deliberation: Councillors acknowledged the need for senior housing but expressed concerns about drainage, underground parking, and compatibility with the neighborhood. Councillor Bell noted that changing the zoning could complicate future commercial development. Councillor Hoback raised questions about the financial structure of the cooperative. Councillor Baer asked about site selection and historical soil issues. Councillor Salsich questioned the density (21 units/acre, which falls in the high-density range per UDC) and the reliance on a 2007 drainage report. Mayor Pro Tem Laughlin asked about environmental impacts (oil and gas, landfill proximity). Staff clarified that detailed engineering studies (geotechnical, drainage, traffic) are required at the plat and site plan stage, not at the zoning amendment stage. The applicant stated that soil borings and groundwater analysis have been completed and that the garage floor is above the water table.

  Outcome: A motion to continue the public hearing to May 14, 2024, to allow staff to provide additional information on drainage, water capacity, traffic, parking, and other issues raised by the council and public. The motion passed unanimously.

• Cheesman Street Residences – Pre-Development Agreement (after 10:00 p.m.): MJ Adams (Affordable Housing Manager) presented the pre-development agreement (PDA) with HousePAD Erie, LLC (a subsidiary of Vertical Development) for 35 affordable homeownership units (mix of townhomes and single-family detached) on the town-owned Cheesman Street property. The town purchased the land for $1.15 million in 2022. The PDA provides the land at no cost and up to $2.05 million in additional town resources (ARPA, General Fund, and a $1 million DOLA grant) to cover development fees and infrastructure improvements. The units will be deed-restricted for affordability at 90% and 110% of Boulder County Area Median Income (AMI) – approximately $120,000 and $146,000 annual income respectively. The developer's return on investment is capped at 10%. The project will include alley improvements, two-bedroom (900 sq ft) and three-bedroom (1,500 sq ft) homes, and pedestrian/bike safety upgrades along East County Line Road.

  Public Testimony:

  • Support: Claire Scott (2209 Holly Drive) praised the project and urged use of Prop 123 and 1B funds. David Emerson (Habitat for Humanity) noted the need for affordable homeownership for essential workers. Ann Marie Jensen (East County Housing Opportunity Coalition) supported infill development to reduce vehicle miles. Bob Brodus (Planning Commission/Habitat) emphasized the importance of affordable homeownership for first responders and teachers.
  • Opposition/Concerns: Patricia French (764 Carbon Street) and Lynette Dolphin (784 Carbon Street) raised concerns about traffic, parking, density (35 units on less than 2 acres), lack of notice (only 500-foot radius), and the alleyway’s impact on adjacent homes. Mark Bronson (705/715 Cheesman Street) urged the council not to sign the agreement without more community engagement, citing errors in the filing, unresolved questions about easements, parking assumptions (three-bedroom units likely need more than two spaces), and light pollution.

  Council Discussion: Councillor Salsich questioned the cost escalation from initial estimates ($37,500 subsidy per unit) to the current $92,500 per unit (including land). Staff explained that development costs and impact fees increased, and the subsidy is typical for the region. Councillor Harrison noted the walkability and design, and asked about landscaping to mitigate alleyway headlights. Councillor Bell asked about the bank’s proximity and cost of demolition (an additional $125-$130,000 for asbestos abatement and demolition). The project is administratively approved under the affordable housing ordinance (no public hearing required for the PDA), but a neighborhood meeting was held in December 2023.

  Key Outcomes

  • Vote on Resolution 24-118 (Cheesman Street PDA): Approved 5-2 (Mayor Pro Tem Laughlin, Councillors Hoback, Baer, Harrison, and Bell? Wait, check transcript: Roll call: Laughlin yes, Hoback yes, Baer yes, Salsich no, Harrison yes, Bell no. So 5-2 with Salsich and Bell voting no). Motion carried.
  • Vista Ridge PD Amendment: Continued to May 14, 2024, for additional information.
  • Landfill Task Force Appointment: Unanimously approved Resolution 24-042 appointing Scott Wood as an eighth member.
  • Executive Session: Motion to go into executive session (C.R.S. § 24-6-402(4)(e)) passed 5-1 (Salsich voted no). The meeting adjourned from executive session.