Erie Town Council Meeting Summary (June 11, 2024)

The Erie Town Council held a special meeting on June 11, 2024, at the Calvary Bible Church in Erie, Colorado, due to a large public turnout. The primary purpose was to conduct a public hearing on Ordinance 005-2024, which would rezone the 19.33-acre property at 111th and Arapahoe Roads to high-density residential (HDR). The meeting included the approval of the consent agenda, a Juneteenth proclamation, and extensive public testimony on the rezoning. Due to the volume of public comments (97 registered speakers) and time constraints, the council continued the deliberation and decision to the next meeting on June 18, 2024.

Consent Calendar

• Unanimously approved the May 28, 2024 Town Council meeting minutes.
• Approved Resolution 24-070, approving a General Services Agreement with Sprung Instant Structures, Inc. for dome structure repairs.
• Approved Ordinance 022-2024, adding Chapter 16 to Title 4 of the Erie Municipal Code to require registration of home childcare establishments.
• Approved Resolution 24-083, approving an Intergovernmental Agreement (IGA) to share costs for preliminary and environmental engineering and design of Colorado State Highway 7.
• Approved Resolution 24-089, approving an IGA with Boulder County for the rehabilitation of Prince Lake No. 1.

Public Comments & Testimony

The council heard from 97 registered public speakers, with comments split between support and opposition. The majority of speakers expressed opposition to the rezoning.

• Supporters (including property owners and housing advocates):

  • Juanita Razo and Patrick Gonzalez (property owners) expressed strong support for the project, citing the developer's trustworthiness and the need for affordable housing and infrastructure improvements.
  • Ann Marie Jensen (Lafayette resident) supported the project, stating that high-density development reduces greenhouse gas emissions and that the developer is providing affordable units without taxpayer dollars.
  • Bree Fowler (Erie resident and realtor) advocated for the project, highlighting the need for affordable housing for essential workers and noting the developer's offer of affordable units at no cost to taxpayers.
  • Claire Scott (Erie resident) urged approval, stating that housing is a basic human need and that the project would serve firefighters, teachers, and other essential workers.

• Opponents (including residents from Erie, Lafayette, and surrounding neighborhoods):

  • Jim Huber (Lafayette) expressed concern that traffic would divert through Beacon Hill, a residential neighborhood, and requested denial.
  • Scott Henricks (Erie) opposed the project, citing traffic, flooding, and the loss of agricultural and wildlife habitat.
  • Michael Kiley (Erie) said the project would exacerbate existing traffic problems and called the developer's plans "lipstick on a pig."
  • John Mortalero (Erie) argued the traffic study used outdated growth rates and unrealistic assumptions, and that the majority of trips would go through Beacon Hill.
  • Mary Ellen Roberts (Erie) questioned the affordability of the units and the accuracy of traffic projections, noting that the Savannah apartments have vacancies.
  • Kathy Frye (Erie) opposed the project, citing traffic, flooding, and wildlife concerns, and suggested the town buy the land for open space.
  • Christopher Dowling (Erie) highlighted the flooding history at Nine Mile Corner and warned of potential catastrophic failure.
  • Paula Kelly (Lafayette) raised public safety concerns, particularly the bottleneck at the 111th and Baseline intersection and evacuation risks.
  • Robert Eisenberg (Lafayette) and Andrew Moore (Erie) argued the project is not truly affordable (88% market-rate) and violates the comprehensive plan.
  • Clifford Swart (Erie) argued that the developer's promises were not in writing and urged denial.
  • Janice Moore (Erie) cited a legal memorandum from attorney Scott Albertson, which argued the applicant's justifications are flawed.
  • Scott Griffith (Erie) challenged the developer to present alternative development scenarios.
  • Laura Schmidt (Erie) noted the existing traffic and accident issues at the intersection and stated that schools are already overcrowded.
  • Patricia McNally Leaf (Erie) and Paul Leaf (Erie) raised concerns about stormwater detention, traffic, and the planning process.
  • Catherine Ford Goldstein (Lafayette) opposed the project, citing wildlife and environmental impacts.
  • Dallas Tully (Beacon Hill) noted the increase in traffic and the presence of children and elderly residents.
  • Silas Goldstein (Lafayette) said the council should "take a step back" and criticized development before infrastructure.

Discussion Items

• Juneteenth Proclamation: The Mayor read a proclamation declaring June 19 as Juneteenth, an official holiday in Erie, and encouraging residents to participate in local celebrations.

• Public Hearing on 111th and Arapahoe Rezoning (Ordinance 005-2024):

  • Staff Report (Chris LaRue, Principal Planner): Provided a detailed presentation on the request to rezone 19.33 acres from rural residential (Boulder County) to high-density residential (HDR). Staff recommended approval, citing the site's suitability for HDR (near arterials/collectors, transit, and commercial centers) and noting that the applicant has committed to 12% affordable units at 80% AMI, a cap of 336 units, a two-story height limitation along 111th and Arapahoe, and over-detention for stormwater. Staff acknowledged traffic and drainage concerns but noted that the applicant will fund improvements, including turn lanes, traffic signal modifications, and stormwater detention.
  • Applicant Presentation (Jessica Tuttle, Thompson Thrift; Russ Lee, Ripley Design; Marcus Pachner, The Pachner Company; and others): The applicant presented a case for approval, emphasizing the project's alignment with the comprehensive plan, the provision of 12% affordable units (tripling Erie's current stock of 12 deed-restricted units), and commitment to infrastructure improvements (e.g., turn lanes, pedestrian paths, stormwater detention). They highlighted that the project would create housing for essential workers and that the site is ideal for HDR.
  • Public Comments: A large portion of the meeting was dedicated to public comments, with many residents voicing concerns about traffic, flooding, school capacity, environmental impact, and the adequacy of the affordable housing component.

Council Discussion and Next Steps

• Due to the length of public comment (97 speakers) and time constraints, Mayor Brooks announced that the council would continue the public hearing to the next regular meeting on Tuesday, June 18, 2024, at 6:30 PM, to allow for council questions and deliberation. The motion to continue was made and seconded, and the meeting adjourned at 10:03 PM.

Key Outcomes

• The council approved the consent agenda and the Juneteenth proclamation.
• The public hearing on the 111th and Arapahoe rezoning was continued to June 18, 2024, with no decision made at this meeting.
• The council will deliberate and vote on Ordinance 005-2024 at the next meeting.