Erie Town Council Meeting Summary – April 14, 2026
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I pledge a motion to the flag of the United States or Justice Carol.
Okay, well, the town clerk please take roll.
Councilmember Hoback.
Here.
Councilmember Mortalero.
Here.
Councilmember Pesamarelli.
Present.
Mayor Pro Tembell.
Here.
Councilmember Baer.
Present.
Councilmember O'Connor.
Present.
And Mayor Moore.
Here.
Mayor, you have a quorum.
All right.
Thank you.
Before I ask for approval of the agenda, I'd like to add one item tonight, and that would be at the end of general business to discuss the Erie homecoming parade and kind of late information that we all received today.
So with that one add, I'll see if there's a motion to approve the agenda.
Clarification.
Do you do you mean the senior parade?
The senior parade.
Yes.
Motion to amend the agenda is noted.
Or motion to accept the amended agenda is noted.
All right.
We have a motion and second.
All in favor, say aye.
Aye.
Aye.
All opposed, say no.
All right.
We have numerous items on the consent agenda tonight, so please bear with me as I go through them.
First item is 2026-269, approval of the March 10th, 2026 Town Council meeting minutes.
Item 2026-270, approval of the March 24th, 2026 Town Council meeting minutes.
Item 2026-273, approval the April 7th, 2026 Town Council special meeting minutes.
Item 2026-23, Child Abuse Prevention Month, Crime Victims Rights Week proclamation, sponsoring members Emily Bear and Brian O'Connor.
Item 2026-271, the National Admin Professionals Day Proclamation sponsored by Councilmember O'Connor and Councilmember Passar Amelli.
Item 2026-5, a resolution of the town council of the town of Erie approving an intergovernmental agreement with Boulder County and Mile High Flood Control District for design and construction of drainage and flood control improvements for the Coal Creek Gap Project.
Item 2026 137, a resolution of the town council of the town of Erie approving a construction contract with Longview Heating and Air LLC for HVAC replacement for the Northwater Reclamation Facility.
Dewatering building.
P23-329A.
Item 2026 190, a resolution of the Town Council of Town of Erie approving a construction contract with Asphalt Specialties Company Incorporated for the 2026 street maintenance phase one.
Item 2026 204, an ordinance of the town council of town of Erie approving the purchase of a real property from Moon Imba, Chung Hante and approving the associated purchase and sale agreement.
Item 2026 212, an ordinance of the town council of the town of Erie prohibiting the installation and use of graywater systems pursuant to House Bill 241362.
Item 2026 213, a resolution of the town council of the town of Erie approving an agreement for design services with HDR Incorporated for the North Water Reclamation Facility Improvements Project.
Item 2026 227, First Amendment to the General Services Agreement with Eagle Creek Modular Solutions Incorporated for the laws modular building.
Item 2026 233, a resolution of the town council of the town of Erie approving the Eighth Amendment to the agreement for the final design right-of-way acquisition and construction of the drainage and flood control improvements for Coal Creek from County Line Road to Kenosha Road with the Urban Drainage and Flood Control District, DBA Mile High Flood District.
Item 2026 239, a resolution of the town council of the town of Erie approving a First Amendment to the Agreement for Services with Roxal Consulting Group Incorporated for Construction Management Services.
And the last item on the consent agenda tonight is 2026 251, an ordinance of the town council of the town of Erie adding a new section 716 to the Erie Municipal Code to regulate excavation and potholing of newly construct newly constructed and restored public right-aways in the town.
Do we have a motion to approve the consent agenda?
So move.
I think it was Councilmember O'Connor with the second by Councilmember Mortalero.
All in favor, say aye.
Aye.
All opposed, say no.
All right.
Um is passed.
We'll move on to public comment.
Um please remember the public comment is not an interactive question and answer forum, but rather a time for you to state your comments on a particular item or issue.
Public comment provides the opportunity to discuss items that are not public hearings.
Please sign up.
We have a number of public hearings tonight, so you'll have a chance if you want to speak on the public hearings when we get to those hearings.
Please sign up using the kiosk in the lobby.
If you have a handout, please give it to the town clerk to the left.
They will distribute it to the council included in the meeting record.
When called upon, please state your full name and location for the record.
Public comment is limited to three minutes per person.
You'll be given a 20 second warning when your three minutes are almost up.
At the three minute mark, you'll be asked to wrap up your final sentence.
All opinions are welcome.
Please be respectful of each speaker to ensure everyone feels welcome to share their comments.
Please refrain from any cheering, clapping, booing or otherwise disruptive behavior.
All right, with that, I'll look to our town clerk.
So we have a few people signed up for the Erie Senior Day.
Do you want them to speak during public comment or during that item when you do it?
Um, I think they should speak now because it may get later in the evening for that particular one.
And it's not a public hearing, so we could do that.
Okay.
First person is Kate Arnold.
I'm actually gonna lie first.
Okay, she um line and if I can go out with the part.
It's okay.
Come up to the podium, we'll figure that out, and then we'll we'll follow with you.
How are you guys doing?
Well, um, so I'm here tonight on behalf of the the Erie Senior.
Oh, I'm sorry.
Name and uh location.
Um my name is Adrian Hillary, I am from Erie, Colorado.
I am born and raised in Boulder and have lived here for over 18 years.
My I'm my oldest is a sophomore in CSU, and we have been in Erie, opened Red Hawk when they opened, and I still have a sophomore and an eighth grader.
So I took on the Erie Parade in 2024 when I had a senior and Michelle Hall, who started it in 2020 during COVID, was ready to hand it over as her last of six, had graduated.
And so, in full disclosure, that year Erie PD did not even show up.
I was in charge of contacting them, and when I called 911 non-emergency, they said they knew about the parade, but did not have enough staff.
So in 2025, I contacted I went through the resource officers in 2024.
So 2025, I moved on to the chief, and she was amazing, but up until like three days before the parade, wasn't able to get me a resource officer.
So Mount View Rescue, fire and rescue has been amazing since day one.
And last year they stepped up and gave us two additional vehicles on top of the fire truck.
And we did get a resource officer, but he was clearly frustrated and expressed some concern.
So and the chief had asked me to start a little earlier this year.
So this year I started on February 8th and have emails from both the Erie Rec Center, which after getting passed around to three different people, Jennifer Platt is who they sent me to and said she was the Erie coordinator.
I was trying to think of a safer starting point, like starting at the Erie Rec Center right by the tennis courts.
It'd be an easy right onto Erie Parkway, still accommodating all the parties at the recenter.
You still go by that, and then it's the same route from there.
And Mount View Fire Rescue, I spoke to February 9th.
They wrote back to me February 10th, confirming they would give me additional vehicles, support.
I sent them a map.
We circled the problem areas, and we were gonna work on that.
The rec center, we went back and forth, and then finally on the 27th of March, she got back to me telling me I needed to work with Brennan Grayshire, who was gonna be in charge of the coordinating.
I did not hear from him, so I called him on the 30th of March.
He gave me like five minutes of his time, told me he didn't know what's going on, and I believe if the town of Erie, like if their page is correct, he's the one that actually grants the permits for the parade.
And he told me I just needed to talk to Erie PD.
So that I received an email on the first of April from Erie PD telling me that we now were required to have a permit and gave me a list of the things we needed, and if we chose to do it ourselves, a list of the consequences that would happen if the parade went on their own.
So at that point, I was like, I I still felt like we had the support of Mount View Fire Rescue until I received their email on the 9th 22nd of April, saying that they also cannot support us.
So I guess we're just looking since I clearly started this well before the 90 days, which has never existed.
We've never had a timeline like that.
We're just asking for that to be waived so we can meet the requirements for the new permit, which has just been applied for the first time, and you know, support our seniors and have this parade continue on because it's become an important part.
I think of the community and the students, obviously.
So thank you for your time.
As a volunteer parent, you know, I'm happy to support the community, and I'd love to see some support back.
That'd be great.
Thank you.
All right, thank you.
And this is the agenda item that I added on.
So it will be later this evening, but we will have a conversation about it.
Kate Arnold.
Hi, I'm Kate Arnold from Erie, Colorado.
Um, was that all that you wanted in advance?
Okay.
Um I apologize.
I would have dressed a little nicer, but about 35 minutes ago, someone was like, hey, can you go to this meeting and say something?
So here I am.
Um, good evening.
My name is Kate Arnold, and I serve as the vice president of the Erie High School Booster Club.
I'm here tonight on short notice because our community is experiencing a concerning shift.
While we take pride in Erie's growth, we are at the same time witnessing the erosion of the small town support system that has always made this town feel like home.
Currently, the relationship between our town administration and the volunteers who support our high school, its teachers, staff, and most importantly, its students, has become unnecessary, unnecessarily adversarial.
Every year, our very few volunteers dedicate hundreds of hours to sustain traditions that define the EHS student experience.
The homecoming parade, which is put on by the Optimus Club, they don't want to do it anymore because of the red tape.
Um send-offs for our student groups to important competitions.
Um the police and fire department used to escort the buses with these students, at least to I-25.
I know when football went to state in 2023, they drove them all the way to Fort Collins to the stadium where they played.
Um now they're not allowed to go past the light where they exit the parking lot of the school.
Um those celebrations of these students is everyone at the entire school from the smallest club to the biggest group of athletes, anywhere in between, we really feel like the town should support celebrating their success and you know, just sort of cheering them on in their goals.
Um we're currently met with increasing rules and regulations that are even more stringent than those in place in major metropolitan areas in our state like Denver.
Um I have to pull uh permits in Denver all the time for my business, so I know this.
Um I remain optimistic that the impact that's happening was an unforeseen consequence of putting these rules in place.
I don't think that the town or the police department went out of their way to say, hey, you know what, let's stick it to the kids at the high school.
I don't think that's the case at all, right?
Um, but the disproportionate deadlines and rules are just actively dismantling all of the traditions at the high school.
Um the hurdles have also created a volunteer burnout crisis.
As more layers of red tape are added, it sends a clear message that the efforts of all of our volunteer citizens aren't valued.
It feels very much like we are effectively being discouraged from building the community ties that keep our youth engaged and have always kept our town connected as neighbors.
Additionally, I'd like to address the lack of town support regarding student safety, our after prom event, which provides a safe environment for over 500 students to prevent incidents of drunk driving, should be a point of pro pride for our town.
Instead, we are seeing a complete lack of support and even lost funding for it.
Um there also seems to be a level of internal friction between the Erie Police Department and Mountain View Fire.
When one department is willing to support our kids, they should not be hindered by the administrative preferences or optics of the other department.
Supporting students in our community should be a baseline priority, not a favor we have to ask for.
We are asking you to intervene to streamline these processes and foster a culture where our local departments are encouraged to collaborate for our youth.
Let's stop treating our valued town traditions as a liability and start treating them as the heartbeat of our community.
Our students deserve a town that advocates for their success, celebrates their wins, and prioritizes their safety.
Thank you.
All right.
Thank you.
Um, our next speaker is Jim Hofmeyer.
He says he's online, but I don't see him.
So we'll go on to the next one, which is Mary Lou Lambert.
Oh, nope, sorry.
Never mind.
Excuse me, Jessica Furman.
Hello, good evening, you all.
I'm Jess Fermin, Jessica Fermin, been in Erie for eight years.
Obviously, accents not very local, but absolutely love it here.
Um, I am the after prom chair who um took over after prom thinking it was just going to be pizza and pop and had the shook of my life.
I've taken it over somebody who I really needed to build big shoes, but I'm telling you, she ran the most amazing after prom.
Um what I found um through taking it over, and this is my first year, um, is that with regards to the senior parade and after prom, they they've so much unknown of where to find information.
So if you put in a 90-day um uh you need a 90 days to actually get a permit to do anything, where would you find that information?
And it's clear by the amount of calls for anybody that's organizing anything, no one actually really knows what's been handled.
So, really my point that I'm trying to make is if you put these kind of processes in place, you need to advertise it and you need to let us know.
We're all a bunch of volunteers, most of us work full-time.
In fact, as you all know, volunteers who makes the busiest person busier.
So it's it's really exhausting.
And I know that Adrian's really supported it for the last few years, but to be told that um is really disheartening.
And and I feel that although many systems can't be broken because you have 90 days in process and be rest assured, I work, I understand that, but in some cases, things should be expedited.
And I feel that when you're dealing with volunteers and you're dealing with people that are trying to keep the community spirit going and trying to give that heart of Erie, which you all you know, advertise and everybody is very, very proud to live in Erie.
That if you lose those volunteers and you lose that um that spirit, you you will just have a normal town, and you would just have a town that when you ask for help of the last minute, you'll have a community that will not support you.
So that's where I just sit on it and I feel very emotional about it because I just think it's really important.
And for all those parents, and one more thing this year that's leaving school would have been the year that would have been impacted when they left middle school.
So they wouldn't have had a send-off at middle school.
So this would be their final year, and admittedly it's graduation, and I doubt they ever remember it, but their parents would do.
So on the senior side, they absolutely love it, but also don't forget it's supporting their the parents and the amount of people that turn up.
You've only got to see those games up at the high school to feel how big the community is.
That's all I really want to say.
Just pull on your heart strings really for this one.
Thanks.
All right, thank you.
Next is Laurel O.
Good evening.
Uh, my name's Laurel.
I'm requesting to yield my time to Shannon.
Thank you.
Uh good evening.
Uh, Mr.
Mayor and Council members, my name is Shannon.
My pronouns are she her, and as a community member who has given hours of my time investing in the residents of this town, specifically families of color, I'm here to speak about the progress we've made and the work that still remains to ensure every family in Erie feels safe and informed.
It's important to recognize that the work we are asking you to do and the conversations we are asking you to have do not happen overnight, and we are not and are not a one-time effort.
That said, I do want to share that we recently had a genuinely positive and constructive meeting with the Erie Police Department.
In that conversation, several potential next steps were discussed.
Myself and other colleagues will be coordinating a Colorado Rapid Response Network, also known as Corn Training, to strengthen a community-centered response.
This is about ensuring the community is prepared and informed on how to support those who are most vulnerable.
The Erie Police Department has expressed openness to being present at these trainings to help clarify what their role is and what it is not within the boundaries of the law.
I need to be clear that we are not asking Erie PD to act outside of their legal authority or make exceptions.
We understand there are limitations and having clarity about these limitations is just as important.
It allows the community to identify additional resources and partners where needed.
There's openness expressed around meeting with communities of color to help strengthen communication and rebuild trust over time.
The department also indicated a willingness to explore how they might be able to support families by collaborating with the local school districts, particularly those serving a high number of families of color.
And additionally, the department reviewed the language in the draft public safety proclamation that I submitted on April 7th, 2026 to ensure it aligns with the current policies and practices.
When I shared these updates with families, I heard something I haven't heard in months.
Relief.
You could hear it in their voices, you could see it in their faces and their shoulders.
In one instance, I sat across the table from a mom with two kiddos about my daughter's age, and she just started sobbing for the first time.
Some families felt like maybe things were moving in the right direction.
And still there is work to do.
Trust has not yet been rebuilt.
We are still trying to determine how to connect families with the police in ways that feel safe, consistent, and culturally responsive to them.
Today's incident near Erie Parkway and Highway 19 made that clear.
While it was communicated online that the situation was not immigration related, which I do appreciate, I personally do not see information consistently shared in multiple languages.
If those efforts are happening, they are not yet reaching these families.
I don't um when families don't receive information in a language they understand, fear fills that gap.
I found myself reassuring families, telling them that I didn't think they had anything to worry about, encouraging them to stay aware, to avoid the area, and to be cautious.
And what I and I want to be honest, I was doing that while feeling the same fear myself.
I cannot guarantee their safety, and I cannot interpret silence for safety.
This is not the role of a community member.
I'm honored to support these families, but the fear they are living with reflects a gap in communication and visible reassurance from town leadership.
The time to act is now.
You have been invited to the table.
You have been given opportunities to have conversations with those who have lived experiences.
You have been provided language that aligns with best practices and with your own town charter.
Now it's time for you to lead.
A proclamation acknowledging the concerns of communities of color and affirming public safety for all residents of the town of Erie on the agenda for next Tuesday, April 21st.
I also asked the members of council, including you, Mr.
Mayor, consider sponsoring this proclamation so it can be brought forward in a unified way and that it be prepared for the community to hear next week.
We know there are translation services available upon request.
We ask that this be communicated widely in multiple languages, no matter if services are requested or not.
So families are aware that this action is being taken.
We also ask that you provide language accessibility for those engaging online, including translation services with closed captions, as well as meaningful accessibility for those attending in person.
Providing proactive visible language access is a meaningful first step toward language justice and an opportunity to begin rebuilding trust with the community, especially in alignment with Erie's for Everyone initiative.
Reassuring these families has taken time, energy, and care, often outside of my daily roles and responsibilities, and it's been an honor to be someone they can turn to when they don't know where else to go.
But I do have to ask, don't you want that honor too?
Families and residents of this town are watching what happens next.
I hope you choose to meet this moment with action.
Thank you.
Thank you.
Next is uh Winfred Reichelt.
Hopefully I didn't butcher that too bad.
My name is Ben Reichert, and uh not to be nitpicking, but when the town spends taxpayer money, uh the town should get and the taxpayers should get uh top rate quality, I think.
And um during the few years that I've been living in Erie, uh I've watched at least three uh road building, road improvement projects where I would say not top quality.
If anybody wants to see them, I'm happy to show them.
I do not know, of course, whether the uh company that you are going to uh contract with to do more road building or improvement in Erie is the company that is responsible for these uh substandard in my book uh projects.
Uh but I uh wonder if there's nobody that looks afterwards and has the expertise or the uh will uh to speak up to these people that produce the substandard uh product and say, hey, you gotta fix it or you gotta pay us money back.
Uh because yeah, somebody is paying for that.
If you build a bad road, um either it's a nuisance or it costs money because a badly built road uh deteriorates faster, so it has to be a rebuild faster.
And uh yep, that's pretty much it.
And uh I'm curious to look at the road that these guys are going to be fixing.
Okay.
Um if you have specifics, you can send them to us, and that'll help us better understand.
I can't go back and forth now in this forum, but just send the information, and then we can get it into the right people's hands.
Um I do not understand.
You mentioned three three locations.
Yeah, yeah.
If you can send those locations to us, then we can follow up.
And I I have to admit that I'm number one.
I don't know whether it was the company that you're going to put you uh uh contract with, and I do not know whether it's even in the town limit, might not be, but I think it is.
Uh, and I'll be happy to uh bring that to your attention.
Yeah.
Okay, great.
Thank you.
Thank you.
Amy Hettlinger.
Thank you.
Good evening.
I retired from active duty, and I think that's a good question.
If you could just say your name and location.
Excuse me.
Yes, my name is Amy Hettlinger.
Thank you.
I'm a member of Erie.
Um, I retired from active duty, and I came to Erie to live out my retirement and raise my children.
Yes, I'm a bit older than the typical mother.
Tradition is what unites us.
Seniors have this town behind them, be it through a supportive community high school or a town parade that sends a strong message that they matter and traditions matter.
We shape our future through our actions and through our support of our children, our legacies.
I would like to set, excuse me.
I would like the standard set so clear, concise information is available to those eager to celebrate Erie High Seniors through this traditional parade that has taken place in the past.
The change of timeline does not permit for this tradition.
I would humbly ask that we might grandfather this or waive this 90-day requirement this one time, and then promulgate the new timeline so that those volunteers who want to send off our children with a town behind them know the timeline here forward.
In this theme, could we change the homecoming to the Thursday before the football players play their homecoming game?
These athletes, our football players, have stood aside year after year due to the current parade being on the Friday of the varsity game.
So our volleyball players can be in the parade, our band members, our youth football players, and many other athletes, but not our football players.
Your citizens are very eager to celebrate this town's support for its high school seniors and athletes and band members.
We trust you.
You're our elected officials.
To see how traditions unite us as we celebrate our legacies, our future, our children at Erie High School would very much please your citizens.
This is a unique town.
You've heard it over and over again.
You know it's unique because you live here.
Not every town in America has a town behind it celebrating its youth, the future of the town, the future of this nation, the future of this world.
It's quite special.
It's quite extraordinary.
I've lived in many towns across this country.
And there's only one other town that's similar like this.
Libertyville, Illinois.
It really celebrates its youth, its future.
And everybody wants to live in Libertyville.
I'd like to say that Erie is very much like that.
And we need your support in order to continue to be like that.
Whether you have children now or a long time before, or don't have children.
And the changes we're asking for tonight.
Thank you for your time and your attention.
Have a good evening.
All right, thank you.
That's all I have signed up for public comment.
All right.
Is there anybody else that would like to address this tonight?
Okay, then we're gonna move on to our first public hearing, which is item 2026-242, a public hearing, a resolution of the town council of the town of Erie approving the Spring Hill Preliminary Plat with conditions.
Good evening, Council.
Harry Brennan, senior planner.
The first case I have for you this evening is the Spring Hill Preliminary Plat.
And this is a request for approval of a preliminary plat that is a pretty big area, covers 300 acres, would include uh 632 residential lots and 49 tracks.
Uh that comes out to a gross density of uh just over two dwelling units per acre.
Uh the project is within uh sort of its own zoning district, the Spring Hill PD zoning document.
And process-wise, of course, we sit uh here at the preliminary plat.
Um future required applications would be final plates and site plans for the uh applicable areas that are um townhomes.
I'll get into a little bit more background, then detail the proposal itself and finally get into the recommendations and decision.
Location-wise, uh, this project is sort of due north from here, uh north of Morgan Hill, south of uh state highway 52, west of Weld County Road 3, uh, and a bit east of uh uh County Line Road.
The project area is designated in our comp plan as low density residential, so staff do find that this application is consistent with that designation, uh, which anticipates uh a density range of two to eight dwelling units per acre.
Uh further staff find that the project would be consistent with a few specific goals out of the compliment comprehensive plan, including encouraging a variety of housing types, uh connecting the community through a network of public and private parks, open space, greenways, trails, uh, and as I mentioned, uh, increasing housing options.
The zoning is the Spring Hill PD, and that divided the area into four planning areas uh for residential, uh for uh also dedicated open space.
Um and the land uses allowed here are pretty typical uh low density residential and townhomes and duplexes.
Moving into the details of the plat itself of the preliminary plat itself.
Um so as I mentioned, this is 632 lots uh spread over the 300 acres.
Uh the breakdown, as you can see, is primarily single-family dwellings uh with roughly then 150 duplex lots and a little under 100 townhome lots.
Uh the minimum lot sizes are fairly consistent with what's in our low density residential zone district uh for similar types of housing.
The 49 tracks encompass uh a large amount of them are for private open space, and then they also accommodate things like drainage, um, utilities, uh alleyways, those types of things.
Uh, in terms of public right-away, this anticipates a dedication of just under 44 acres of new public right away.
Uh, there is also a school site designated in this preliminary plat, and that would be roughly uh 10 acres, just over 10 acres dedicated to St.
Varian Valley School Districts for future school construction.
Uh there will be a 35 acres of public open space, dedicated public open space.
And uh including that 35 acres of public open space, the grand total comes to 162 acres, so there's uh a fair amount of uh roughly 130 acres of private open space out here.
In terms of access and roadways, so uh there will be, of course, a new internal network of streets.
Uh, primary access to the site will come from highway 52.
Uh there's one access point planned from Highway 52, uh, two access points from Weld County Road 3 and one connection to Morgan Hill to the south at Miranda Road.
And so there are anticipated improvements that will be necessary to accommodate uh growing demand on these roads.
Of course, highway 52 is still under jurisdiction or or CDOT jurisdiction, so they have the ultimate say on roadway improvements up there, but the uh the improvements planned are let me go to the next slide.
Uh a roundabout planned at uh highway 52 and weld county road three.
Uh, this would be a full movement access at highway 52 and the new connection uh with Spring Hill, and actually directly across the street to the north is where our water treatment plant is.
And so that's anticipated to be a four-way traffic signal there.
And then for now, according to the traffic study, uh, the intersections at Weld County Road 3 would be stop sign controlled.
But at preliminary plat, we we ask for sort of preliminary designs and analysis of these necessary improvements, and then we go through further verification at final plat, and that's when we get into a development agreement to contemplate uh developer contributions to some of the regional intersections, like the uh Weld County Road 3 and Highway 52 improvements.
In terms of parks, trails, and open space, as I mentioned, uh, there's a lot of private open space planned out here.
Uh there is roughly, or I'm sorry, there's 35 acres of dedicated public open space.
Uh community parks, we always collect that via uh an impact fee rather than a dedication for the neighborhood park.
Um, as you all are probably aware, there is a nearby neighborhood park in Morgan Hill already.
Uh so our parks department reviewed it and uh uh determined that also due to the proximity, uh, the best case for uh Spring Hill would be a fee and lieu for the neighborhood park rather than dedicating new land for a neighborhood park.
Uh and that fee and lie can also help uh uh help finance some of the uh improvements of the Morgan Hill Park.
Uh and then finally, uh roughly four acres of pocket parks are provided, which also exceeds the requirement.
Uh this is a diagram here.
You can see the all the gray areas are the private open space, the light green area is dedicated public open space, and the darker green areas are the pocket parks.
And then uh you can also see trails on this slide.
So there's a planned connection to the spine trail and a continuation of that uh up through the north of the property.
Uh further more minor trail connections to the school site and throughout the neighborhood to the pocket parks as well.
In terms of oil and gas, uh, one important preface to this conversation is the application was submitted in 2021 originally, and so they are subject to the rules that were on the books at that time.
Uh, and those require only a 25-foot setback from plugged and abandoned oil and gas wells.
Uh, however, the yellow boxes that are probably tough to see on your screens, but uh the yellow boxes reflect our current standard of a 50 by 100 setback box.
Uh so you can see in a lot of cases that setback could be accommodated.
Uh, there is one facility that is going to need some additional cleanup.
I'll talk about that more on the next slide.
That's what's circled here in the blue circle.
So this uh this COPE 41.6 well uh has been plugged, but our environmental team informed us that it has not been formally accepted by the state.
And uh and that's due to the fact that it needs some additional cleanup.
Um and the applicant is aware of this, and this this is what led to the conditions on the resolution.
So the applicant's aware, and and we've stated uh that the town would not be able to approve a final plat establishing the legal residential lots within this boundary uh if or or until the point where that cleanup is completed.
Um so the applicant can talk about that a bit more where they're at with the uh ECMC, the state agency.
And so those those sort of are the other setbacks you're seeing here.
So if or until the point the state formally accepts that plugged in abandoned status, the 350 setback would apply.
Uh just for reference, the 500 setback setback is what would be required under our uh 2024 rules or the most recent rules.
In terms of school impact, so as I mentioned, there is a school uh school site to be dedicated or plans to be dedicated through this preliminary plat, uh just over 10 acres.
Uh we have not you you may remember um a previous hearing of the Parkdale North preliminary plat.
We had done a fair amount of coordination with BBSD uh on that school site.
Minor's thing is that SVBSD is not in a rush to develop the site, and so uh there hasn't been as much coordination, but that certainly will be something we'll be looking at once they get closer to uh developing a school site.
Also, this uh this of course will benefit from the new uh high school that's currently under construction uh up in Frederick.
It's not that far from here.
Now I'll get into recommendations.
So uh as you probably noticed, this uh application has been in progress for quite a long time.
So uh there have been multiple um public engagement events.
The applicant can talk about that more as well, um, including some virtual and in-person meetings, and then also a site tour.
When we heard this plan or uh this application at Planning Commission on April 1st, uh we talked a lot about the Highway 52 traffic improvements, the oil and gas facilities, the character of the open space, and uh school impacts.
Uh they did recommend unanimous approval, or they voted unanimously to recommend approval to town council.
Uh so staff also find that the application complies with the approval criteria and recommend town council approve their preliminary plat with the following two uh long conditions.
Uh, number one, the applicant must provide the town with documentation that all oil and gas wells within the boundaries of the preliminary plat have achieved plugged and abandoned status with all applicable regulatory agencies or authorities uh any oil and gas wells within the boundaries of the preliminary plat are not currently recognized and plugged in abandoned or as plugged in abandoned with applicable state and federal authorities.
Applicant must provide the town notice.
Uh two, the town will not approve a final plot creating residential lots that don't comply with applicable setbacks from oil and gas wells uh regardless of their status.
Uh applicant must demonstrate that all lots being created satisfy the applicable oil and gas well setback requirements of the UDC.
And finally, uh no further action determination has been granted from the ECMC for all ongoing remediation projects, which is the um it doesn't say it specifically, but this is about the the well that I mentioned that requires some additional cleanup.
The public notice requirements were met for this application or for this hearing this evening.
And that concludes my presentation.
The applicant also is here to present.
All right, and if I didn't say it earlier, the public hearing is open.
So please join us.
Uh good evening, Mayor, Council members, members of the public.
Uh thank you for your time tonight.
Uh my name is John Prestwich with PCS Group, 200 Calamas Street, Denver, uh, Colorado.
We're a land planning landscape architecture firm, and I'm here representing the Spring Hill Preliminary Plat.
Um, it has been a very long process.
I'd like to thank Harry as well as members of town staff for getting us to this point.
Um, you know, before we dive into the details, I always want to briefly acknowledge the extensive collaboration that has gone into uh really any project in Erie.
Um we always want to recognize that it takes a significant team effort to bring forward a new community for the town of Erie, and we're all dedicated to creating a thoughtful and responsible development for the town.
So as Harry mentioned, the Spring Hill project has a really long history in the town of Erie.
Started in 2014 when the property was annexed and zoned.
Um what we're presenting here tonight isn't a new idea.
It's a it's a vision that's been carefully refined over many years with town of Erie staff.
Um from the initial sketch plan and preliminary plat submittals in 2014, we prepared an updated uh sketch plan in 2019, where we began specifically addressing uh comments and engaging with OSTAB.
Uh and then significant step forward in February of 2022 with the approval and recording of the Spring Hill PD zoning.
So for over five years, our team has been working in collaboration with the town to refine and modify the preliminary plat.
And we've tackled a lot of complex issues, um, including the plugging and abandoning of all on-site gas and oil wells, uh revising the site design to meet new oil and gas uh standards, developing solutions for regional drainage, working with the adjacent neighbors, and incorporating an off-site roundabout design at the intersection of highway 52 and county road three.
Um as you can see on this map, uh, you know, the Spring Hill uh community is located within the town of Erie.
Um Spring Hill is recognized as a future community, again, annexed in 2014 with an anticipated build-out of 632 homes.
Um, this this location and long history, we feel like really makes Spring Hill a responsible next step in Erie's planned growth, bringing homes, connectivity, regional improvements, parks, and the extension of the town's spine trail system to the community.
As Harry mentioned, um, you know, we are in compliance with the comprehensive plan, roughly 2.1 dwelling units per acre, and then again the PD zoning uh that was approved in 2022.
The preliminary plat is designed to be fully compliant with those established standards.
So this slide provides an overview of the sketch plan concept from back in 2019.
And so over the years in various refinements, the on-site design has remained largely the same.
But there is a significant improvement that I want to point out from the sketch plan to the proposed preliminary plat, and that is the removal of the previously planned oil and gas operation area.
It's depicted in the dark green there with this preliminary plat.
So to be clear, with this preliminary plat proposal, that area has been removed and there will be no more oil and gas operations on this property.
And then as Harry mentioned, this is a detail of the PD.
You can see the various areas for single-family duplex townhome, and then the dedicated open space area that we worked with the parks folks on.
So these next few few slides touch on some sort of the analyses of the property that helped us inform our design decisions.
This slide depicts the existing topography for the property.
And in general, the property is gently rolling, but it has a soft ridge kind of that runs more or less north and south.
I should point out north is to the right because it just fits better on a horizontal slide.
And that ridge, then the property kind of falls to the east and west from there.
There are three existing irrigation ditches that bisect the property.
From the south, there's through the adjacent Morgan Hill community, and it's also being piped through a portion of that community.
Then approximately at the midpoint of the property on the south side, there are some really great mountain views.
We've actually located a park in this location because of the views and the prominent location in the community.
As we've talked quite a bit, I think everyone is aware there were a significant number of oil and gas wells on the property.
This slide shows the location of the wells.
Again, all the wells on the property have been plugged and abandoned.
We understand, after talking with our adjacent neighbors and staff that not all the reclamation has been fully completed.
We were fully in support of the condition.
And we will continue to work with the operators to make sure that the work is fully completed to ECMC standards.
There is an existing wetland on the property that's been identified, and we're carefully preserving that within the design, integrating it into the community's open space network.
And this area is really at the request of the town, the area that will be dedicated to the town as open space.
And then finally, this map highlights really a crucial element of the community, the spine trail extension and connections.
So together with the town, we've envisioned this comprehensive trail system that takes advantage of these natural corridors and brings extensive connectivity throughout the development and to the broader Erie community.
So again, this has been a really long process.
I want to briefly highlight just some of the things that from the various submittals.
From the initial submittal in March, we've addressed every comment working closely with town staff and other agencies.
As an example, the first submittal alone led to over a year of work addressing comments related to regional traffic and regional drainage considerations.
And then each subsequent submittal incorporated further refinements and solutions.
Interestingly, as I said before, the on-site design has not changed significantly throughout the process.
The ownership team has been working on getting all the oil and gas removed from the property, responding to the off-site drainage requirements, finding and gaining approvals for an off-site drainage channel that benefits the larger area, and also working with CDOT.
In the sixth submittal in August of 24, we addressed some very minor comments, and after the sixth submittal, we prepared an alternative site design that moved roads and adjusted lots.
We worked with David Frank from the town's oil and gas team to bring the proposal to align with the current town code, as well as incorporating the design elements like the roundabout at Highway 52 County Road 3, based on discussion with the town's engineering department.
And that seventh submittal actually triggered new transportation comments because we had moved roads.
So I want to stank thank staff for their flexibility and ongoing coordination.
So in summary, while that's been a really long process, the primary delays were related to off-site design and agreements needed to solve regional issues and not a lack of effort or responsiveness.
So again, we know that oil and gas is a critical topic.
Again, we've worked with the oil and gas operators to ensure that all existing wells have been plugged and abandoned and remediation is ongoing.
The preliminary plat will protect the property with a commitment that no new wells will be built.
We are fully compliant with the oil and gas setbacks established in the annexation agreement.
And again, in fact, we went above and beyond voluntarily updating the preliminary plat after the sixth submittal to meet the current town standards.
Again, regional drainage has been another significant area of focus.
I want to just say that on-site detention ponds will reduce the peak flows coming off the property by about 40%, significantly lowering runoff.
A new eight foot by six foot culvert at State Highway 52 will replace the current undersize infrastructure as designed for the hundred year storm, reducing the likelihood of roadway overtopping.
And with this design, the historically widespread shallow flooding will to the east will be directed into a defined engineered channel with a clear path to Boulder Creek.
Ultimately reaching Boulder Creek.
So this slide provides a more detailed illustrative version of the preliminary plat.
Again, proposing a diverse housing mix in lot sizes to meet market demand and attract a broad range of buyers.
We think it's a thoughtful low density design at approximately 2.1 dwelling units per acre.
A key highlight is our commitment to open space.
Over half the site, 162 acres is conserved as parks in open space.
We think that delivers long-term value, recreation, and community identity.
Another interesting element of the design is that 361 of the homes, or 57% of the homes in the community directly front or back onto parks or open space, providing we think premium yards, views, and stronger property values.
This slide highlights the park and open space areas throughout the property.
Again, we're providing uh 35 acres of dedicated open space, quite a bit above the 28 acre requirement.
We've worked collaboratively with the town's park and open space team to identify the area that they desired.
The plan includes significant amenities, neighborhood amenities with four acres of pocket parks, quite a bit more than the.8 acres required.
And overall, oops, went too far.
Well, I think you get the point.
There's 54% of the property is actually an open space.
In terms of trail connections, we are proposing nearly five and a half miles of total trails across the site.
Includes in a significant amount of town's spine trail, about 1.9 miles of that multi-use concrete trail as a community amenity.
In addition and in collaboration with our neighbors to the west, we're providing a bridge and trail connection so that our neighbors to the west have access to the overall trail network.
We also have local connections throughout the community, about 3.6 miles of local trails connecting the various areas of the community.
This includes dedicated bike lanes that link the neighborhoods, parks, and trails.
This design enhances multimodal access and represents a significant investment that boosts community peel and supports long-term town goals.
And then finally, on traffic, another key collaborative solution that's being worked on is this off-site roundabout at Highway 52 and County Road 3.
Instead of a traffic signal, which is what we always always, which we anticipated from the beginning, our team has coordinated with CDOT as well as the neighboring developers to accommodate this design.
It takes up quite a bit more land, so there was a lot of time spent to make that happen.
Oh, I forgot it had music to uh review the design.
And so we figured we would show it today.
Um it really highlights sort of the entry into the community.
Hopefully, it gives you a flavor of the character.
Um we're moving towards a more native, uh that's not bluegrass, that would be uh native seed.
Uh pretty wide, detached walks.
More open style fencing.
And then we'll show you a couple of the parks, clubhouse pool, and uh a little section of the trail where that bridge is.
Even though it isn't technically a neighborhood park, it has a many of the elements that a typical neighborhood park would have.
And then some of the smaller little pocket type parks.
And then finally uh little snippet along the spine trail and you'll get a little clip of the bridge heading to the neighbors to the west.
So that's really it for me.
Um, you know, we think that uh this is a thoughtful planned community that fills the requirements for of the town.
Um we believe it represents a responsible and valuable valuable addition to the town of Erie, providing diverse housing options, exceptional open space and recreation.
Thank you for your time and consideration.
We are available for any questions you have.
But I believe uh Mr.
Elliott would like to say a couple words on oil and gas stuff and then we'll be happy to take any questions.
All right, sounds good.
I guess he means me.
Chris Elliott on behalf of Emmy Erie, the property owner.
Uh it's a pleasure to finally be in front of you after all this time.
We've been working on this project for a very long time.
As John indicated, the uh bulk of the issues are not what was gonna happen on site, but what was gonna happen off site.
There was significant uh drainage issues, particularly between us and uh Boulder Creek, and it involved working with Boulder County, Weld County, and CDOT, uh as well as the town of Erie, the town of Frederick, to try to come up with a a plan that would mitigate uh what has happened, it seems every few years in that area uh when storms come.
And we're happy to say and pleased to say that uh we've arrived at a solution that will mitigate the um effects of the storm, reduce the uh amount of uh of uh runoff that just spreads out and instead be contained in a channel that gets it to Boulder Creek.
Um in a in addition to that uh I wanted to pay special mind to the oil and gas issues.
We saw clear back as far as uh twenty nineteen that um the only great communities that could be done in uh the uh Erie and DJ Basin was to eliminate all of the oil and gas facilities from the property rather than try to come up with a way to hide them or or uh set them off in a corner and and uh uh set back around them.
And um we had not less than sixteen individual operating wells when we first got involved with uh the property and we went out and made uh deals with each of the three operators to plug and abandon them all and eliminate all of the pipelines.
Um we found out a couple days ago that uh one of the wells in the northeast corner has been plugged and abandoned but did not receive the technical sign off from ECMC um that uh uh indicated or change its indication from a producing well to a plugged and abandoned well.
We jumped on the phone with uh the producer and also with uh the folks at ECMC and I'm happy to say that uh we're uh uh one report away from having that uh resolved and uh that well will receive what it needs in order to be considered uh an abandoned well as well.
So we're we're we'll we're happy with the condition.
We're gonna make sure that uh everything is met and uh we look forward to your approval and happy to answer any questions.
All right.
Wonderful.
I think we'll move to public comment and then we'll come back to the council for questions.
Is anybody signed up tonight?
Uh Mary Lou Lambert.
Good evening.
Uh my name is Mary D.
Lambert.
I'm a resident of Erie.
Um quick history on my background.
My roots in Erie go back to 1912 when my grandpa, fresh out of pharmacy school, moved to Erie and uh ran the pharmacy downtown until he passed away in 1972.
Um he was the mayor during World War II.
He was uh kind of a general, all around good guy.
Uh my dad was born at a little house down the street that's not there anymore, but went to school in this building.
Um been kicking around Erie for 60 some years.
I've seen the good, the bad, the dirt streets, the break-ins, everything.
The 1990s Easter egg hunts when they would give away live animals as prizes.
So uh it's it's a little different now, but we still have our roots.
Um I currently live in Morgan Hill, so directly next to this uh proposed development.
Um it it indeed looks very thoughtfully planned.
Um my biggest concerns, and I think probably a lot of people's concerns are um water, like we also have what happened last month.
Where does this go uh in the future?
Um traffic.
I don't know how many of you frequent that intersection at road three and highway 52, but I think a roundabout is just accidents waiting to happen with the number of heavy trucks coming down that hill on 52 at 55 miles an hour to a roundabout.
That it's and especially if you're coming out of our neighborhoods and you're in the roundabout, they all have to stop.
So that's I would much prefer to see a traffic light there.
Um and I I understand CDOT's involved in, and that's not a uh necessarily a local decision, but that is a uh huge concern of of us, I think who live up that way.
Uh services, another probably I don't know what 692 units equates to for a population, but it's probably over a thousand, I would guess somewhere in there.
Um as it stands, we have to drive 15 20 minutes to even find a grocery store.
So, you know, where does all this fit?
And I understand it's you know, it's a few years out before people are you know, the the development is is loaded up.
Um but just some of those uh are concerns of mine.
I think the comments that we heard earlier from the the high school parents.
Um it it seems we're having a little bit of a growth identity crisis going on here where we we're not necessarily keeping up with all the needs of the community.
Um I've got a uh granddaughter due in six weeks, who will be the fifth generation Erie resident in my family.
So very excited about that.
But I I just hope that she when she as she grows up here in Erie, she knows I can turn on the water tap and get water.
I can go to a school that my community supports.
I can learn to drive when I'm 16 and not be afraid to go through an intersection.
Um so final thought.
Uh yes.
Well, it does look like a beautiful area.
I I just worried about the amount of growth, like I said, the water, and just because we can doesn't mean we should.
So thank you.
All right.
Thank you.
Uh next is Troy Tyas.
Hello, Mr.
Mayor, and members of the City Council.
My name's Troy Tyus.
I live at 261 Maddox Lane, which is in Morgan Hill, um, with my wife.
And um I also am an opposition to this uh development at this time.
When we moved in uh to Morgan Hill, especially that particular home, um, we knew eventually there's gonna be some building going on to the the north of us there.
Um and I understand there's been a lot of years worth of planning on this particular development.
Um my argument would be that uh it's just bad timing for Spring Hill.
Um I probably um don't need to give you members of council these numbers, but uh maybe members uh of the community that are here um aren't quite aware um North Sky is planned for 2,144 dwellings according to their website.
It doesn't look like there's one home that's built there yet, but all the infrastructure is up there ready to go.
Parkdale is not built out, westerly is not built out and finished.
Erie Town Center is not completed yet.
So my argument would be that besides uh the water issue that uh previous speaker brought up uh and traffic as well.
Um I need to re-emphasize as well, roundabout there on highway 52 would be a nightmare.
If any of you folks drive that on a regular basis coming out of highway uh or uh county road three, sometimes you have to wait three, four or five minutes just to get across that intersection there, or you give up and just go the opposite direction.
Um final thing, the um uh senior planner mentioned that uh there's already uh community of park in Morgan Hill.
There's not a community park in Morgan Hill.
There's pocket parks.
We still have not uh have the city build us a community park in that uh um community yet.
So thank you for your time.
All right, thank you.
And last is Chris Anies.
Oh, Neves.
Sorry.
Uh my name is Chris Neves.
I live at uh 626 State Highway 52.
Uh on between uh East County Line and uh Weld County 3.
Um the property under development is directly south of me.
I I connect with my um I'm here to speak about the current and the future congestion on Highway 52 um between I-25 and all the way to county line.
Um right now the peak is pretty bad in the morning and afternoon, um, and it's getting worse.
There are three developments going in off of 52 in the next five to ten years, right?
Spring Hill, over 600 houses, Summerfield, over 2,000 houses, and then there's a shore of Plum Creek, which is Frederick, and that's 1,100 dwellings plus 400,000 square feet of commercial.
That's that county line three.
Um that's 3,800 homes plus commercial going in on a road that already is overburdened.
Um I'm disappointed.
I've read the traffic reports of all three developments, and all three traffic reports talk about the current state of 52 and their development, and that's all.
None of the uh the uh uh traffic reports talk about the other two developments.
So nobody's talking to anybody at all.
Um the the idea you've heard it before, uh traffic circle county line three is crazy.
It's gonna reduce traffic down to 40, 45 miles an hour on a road that's already 55.
Um already 52 is crowded.
We reduce the traffic flow, the capacity of the road, when we do we reduce the speed.
So on a road that's already full, you reduce the capacity, it's gonna be more full, pardon my English.
So my request to the board.
Um, let me step back.
I understand that 52 is not in Erie and it's owned by the state.
Um, but already you can you should be able to see some of the traffic patterns that are affecting the residents of Erie.
Um coming down 52 in the evening, going to I-25.
My GPS typically uh puts me to county line five to 10 to 7 on the Erie Parkway to get out to I-25.
But traffic is so backed up.
So that is in impacting those residents.
Traffic is passing by.
Um also the residents of Erie, they got to work someplace.
So they're going into Boulder, they're going into Longmont, they're getting on the I-25.
In a lot of cases, that means getting on the 52.
So my request for the board.
Um, number one, I'm not against this plan at all.
Um I think it's a beautiful neighborhood.
But you need to be talking to each other.
So Erie, Frederick, Weld County, CDOT all need to be talking about the plan for 52.
If you go look on 52's website, there is nothing about widening 52.
The only thing I see is east of I-25 of some work going on there.
There's no discussion of widening 52.
Crazy.
So we're gonna have a couple traffic circles there.
Um I would ask that if if that's what we're gonna go with traffic circles, that we extend those added lanes, the widening of the area.
20 seconds all the way down to county line to East Caroline Road to make it.
I'm thinking about myself.
Oh, I've got an exit for my property on the 52.
Um, I can see a light at that back road and that traffic circle as just totally ruining my day of trying to trying to get out at any time during the day in my neighborhood.
So thank you for your time and your attention, and hopefully we can solve this.
Thank you.
All right, thank you.
That was our last speaker.
All right.
Um I'm sure we all have questions.
I think water is probably gonna be one of those.
So I'm thinking um if we can have Sarah and Milla come up and at least talk a little bit about water and you know, how does this play into the bigger picture of some of the long term challenges that we're running into?
And I want to be clear that the um the situation where we asked people to turn off their water had nothing to do with our water allocations for new homes.
It had everything to do with the homes that are already here.
We already have water allocation, but that was the winter allocation, and when it got really hot in March, too many people were turned on their sprinklers, and that we were at a risk of not having enough water just to do the basic services.
That is separate from what we're talking about here, which is long-term water.
So any uh information you can shed on that would be wonderful.
So uh Sarah Normala, planning and development director.
So uh this project would fall into the category of our um uh planned developments, and um we have a long-term outlook for approximately 7,000 um units within our planned and entitled uh units within the town.
And um, this would have to fall in line with the demand for water and um our you know, our approach with providing water to new development, which will be you know any combination of bringing in our using our existing water resources, um, our new projects that we're working on, having those come in, and then um, you know, obviously developers can also bring in their own water.
It's just a matter of timing, and I'm I know this project will be something that builds out over time, and I don't know if the applicant wants to talk about this your overall development timeline and when you might initiate construction and how long this development might take to build out.
I'd be happy to answer that.
I think it's uh it's going to take uh probably five to eight years for the property to build out.
It's gonna be subject to market conditions.
There's obviously various types of uh homes within it, but that would be our guess.
And we're right now seeing in terms of pace of development.
Uh we're you know, we were very uh rapid development in 2024 with about 900 uh units um can our building permits pulled that year and last year in 2025, we had about 450 uh building permits pulled, and we are um actually slower than that in 2026.
So the market has um certainly slowed, and so we'll just have to see how um this plays into the rest of our overall demand, and we have a lot of projects, but um it's definitely slowed down in terms of pace.
So there is a chance we wouldn't have water as we have had in the past, depending on how some of these big projects that we were counting on come to fruition.
And so I'm I'm looking at the applicants.
We could approve the preliminary plant and maybe even the final plat, but there may not be water in the moment you need it without you bringing your own water or without something else happen happening with the the big picture projects that we're working through trying to figure out.
And so I'm interested in um, you know, the owners.
What happens if Erie doesn't have the water when it's time to build?
And do we have any legal obligations if we approve the p preliminary plat or the final plat with regard to water?
I will defer to our town attorney for the legal answer or legal portion of that answer.
Uh the preliminary plat is one step.
It does not set forth any legal obligations separate than it is a uh a a step in the process.
So the the legal entitlements will happen at the final platform.
All right.
So anything we approve tonight, there shouldn't be any expectation that we have the water.
There will be clarity of our water situation, I think over the next probably six to twelve months is my guess, but it could be sooner, it could be later.
I imagine.
I just want to make sure this is out there because I don't what I don't want to have happen is that we approve and we're on the journey to approve more housing and we don't have the water.
Right.
So I has this calculus been put into your planning and understanding.
We we understand the circumstances that exist and we'll work with the town as we move forward.
Okay.
All right.
All right, I'll bring it back to council for other questions.
Um I'll start with the mail mayor for Tim and I'll just work our way around.
Uh promise you I'm not gonna ask you anything about water, so you've got that out of the way.
Um but I'll go to the other ish that I think uh heard a lot of caras on.
So uh in the presentation, I think it's page twenty-five.
This is the only thing that uh have a visualization on what that roundabout might look like at highway fifty-two and county road three.
So uh my I guess my first question is uh I know this is you mentioned there's a few partners that were in um uh involved in and coming up with this solution.
Uh so other than C dot and and uh yourselves, who who are the other developers you guys are working with on that?
Hey uh with regard to the roundabout, yeah.
Um the roundabout has been something that uh the the town of Erie, Frederick, C dot, um, and I think Boulder County and uh and Weld County have all had an involvement in the concept.
We we really took orders from them.
Okay.
Do we do we have Miguel?
We didn't make this up on our own uh sorry, just to c and to clarify the design that it is shown.
It was coordinated with us and the shores at Plum Creek.
The shores at Plum Creek civil engineer actually provided us with this design.
Okay.
But our client team had to round up all the adjacent property owners and get I I guess approval for it.
Okay.
Uh is is Miguel or John here tonight?
Director Passick in the back.
Oh, yeah.
Thanks, David.
Uh can you just kind of explain the process of how this uh design came up and and what the thought process is in it?
Yeah, absolutely.
So uh David Passick, public works director um for the town of Erie.
Um we were approached by the Shores on Plum Creek developer um regarding the potential to consider a couple of roundabouts along, say Highway 52.
Um the town's approach to roundabouts is we always consider roundabouts as a first measure.
Um they uh tend to have uh less severe crash ratings than typical intersections, and they help do they do help reduce speeds along corridors.
So we felt like this might be a good opportunity that we would be supportive of to help um improve conditions along 52, which right now has very minimal um intersection improvements along the corridor.
It's often most intersections are often um controlled by two way stop access as opposed to like full uh full movement stop control with the traffic signal or four-way stop, um, which makes it very um high speed and um has a lot of uh crash history along the corridor.
I'm sorry, where's the plum creek development?
Uh that's just north of Spring Hill.
It's in the town of Frederick.
Okay.
Yeah.
Is that CDG or is it um that is John Fyle.
John, I believe is the developer or the property.
All right.
Um and then can you just explain?
I mean, there's this kind of central roundabout, and then there's another one off to I'm guessing that's the north this picture's sideways.
So yeah.
Um smaller.
That's on uh the shores on Plum Creek.
Okay, so that's their okay.
Yeah, that's not something that is part of this development plan specifically.
Okay.
Um, thanks.
And yeah, I think that's a little question so uh but uh before we go on from the roads.
Um I think I'll see if there's any other road questions while we have David up here.
Um I'm happy to do that.
Okay, go ahead, Councilmember Bear.
Yeah, that's totally fine.
I'm gonna come back to you.
So we'll get the road discussion out.
So um highway 52 is a corridor that we talk about in Dr.
Cog and the Southwest Wild Tip Forum.
So I know that we've gotten some funding for the corridor that originally was for um intersection improvements and then development dollars came in.
So I'm I'm not sure how that's working out.
I know that um we had originally improvements planned, and I believe County Road 5.
Now we're we've shifted kind of to the other side of the road.
I'm just trying to remember from like three months ago meeting I was sitting in.
Um but anyway, I know that this is a highly scrutinized corridor because it is a high crash corridor.
Um and so I'm curious if there's um you know how involved Erie was in the process since we have also been looking at this corridor for so long as far from a planning perspective and safety.
Um as far as the corridor as a whole or the specification.
Well, county road three, I know five informs three, and then you know, of course, county line road.
Yeah, so um great questions.
We've um obviously worked uh pretty closely with the consultant team here and the developing team here um to analyze the specific proposals as part of this development.
Um, like you said, we do have an ongoing number of uh preliminary designs as part of grant funding at other intersections, and we'll be taking into account um the corridor as a whole as we move forward.
Um we also factor in um the PEL for Highway 52, which is the CDOT um strategic plan for the whole corridor, which analyzes uh current and future traffic volumes as well as widening plans.
Um there was some mention about um future widening projects is this is planned to be a four-lane road at some point.
Um and there are access control plans for future um as future development occurs along the corridor.
So we analyze all of those as we do our own designs as we coordinate with developers um and our partners through this process.
So can you speak if this that answers your question?
Yeah, well, so I'm just curious like how it's going to how you know the improvements at County Road 5 will connect with County Road 3 and then County Line Road.
Uh as we know those are also happening.
So you do you did you mentioned the the four-lane corridor?
Um so one of the questions we heard earlier was about traffic counts and that perhaps um this community isn't taking into account the other development.
Um I know that we've been looking at that, but can you speak to that?
Yeah, absolutely.
So with any um traffic impact analysis or design that we do, we we look at current traffic volumes as well as future provid projections.
I did confirm in this traffic impact analysis we are looking at uh traffic projections out to 2050, I believe is um right now.
So we're we're looking not only for current, but we're looking for future growth as well.
And um with as part of the access control plan, the reason that the spacings for the intersections and the movements associated with those are planned out the way they are is so that there's minimal impact between intersections um as you're moving along such a high uh traffic corridor.
So yeah, you have thought about it.
Okay, so I think that's everything uh I may have another for roads road con question in here, but I don't that's off the top of my head.
All right, Councillor Mortalero.
Yeah, so um glad to hear that you're taking consideration all the all the projects that are occurring on 52 for the traffic report.
So that was one of my concerns.
The other one I I noticed in the there were also road road improvements on highway 52 and boysenberry trail.
Um where's where's that?
Or that might defer to I believe Boysenberry is the name of the new connection here.
Uh is that the one across from the treatment plant?
Yeah, sorry, the connection across from the treatment plant is uh that's the preliminary name for that that road would be Boysenberry.
Okay, yeah, because I couldn't find it.
Yeah, it doesn't exist yet.
Uh no, no worries.
Um so what are the improvements being done at at that point at that area?
That one is anticipated to be a four-way traffic signal.
I think the um that would also benefit so that will align with our access drive for the water treatment plant.
Um and so the exact timing of that and the warrant of that, I believe would be something we look into at final plat um to confirm sort of traffic counts and when the correct to inform when the actual construction of that signal would occur.
Correct.
Thanks.
Yep.
Got a future traffic engineer over here.
So I'll take it.
All right.
Anything else on roads?
Nope.
Councilmember Hobeck, anything on roads?
Tangentially roads.
I just want to is there every likelihood that this development will be part of or could be district into the new high school in Frederick.
Um and if that especially if that happens, I would just like to make sure that uh there's focus on bicycle traffic coordinating with the other entities as as possible.
I realize that's yeah, sometimes a heavy lift, but just keep keep in mind uh kids that may be going to crossing 50 feet two to go to high school.
Yeah, um, we can certainly look into that.
I'm not sure if we have an answer on if that's gonna be districted in that area, but um and we'll see what we can do.
Uh C dot's very restrictive with regard to uh what kind of um other modes um improvements are allowed on on their corridors, but we'll certainly we can certainly get into that.
Something I have to ask for.
Yep.
All right, anything else on roads?
Nope, nope.
Okay, go ahead.
Councilmore O'Connor.
Thank you.
Um so County Road 3 and Dandelion, that's just gonna be um stop signs there, even though that would be the entrance for say if parents who didn't live in the neighborhood were gonna enter the development to get to the um school.
Just trying to confirm this.
I I have it in my head that it could be a future signal if warrants are met.
Okay.
Yeah, that's my memory from the traffic study too.
Was that that that would uh uh something we'd want to confirm, I guess once we get uh to the final plot level, and then also once we get more detail on the um specific layout of the school and what their ax uh access points and um where they're looking whether they're looking to access off a county road three or whether that would be sort of a uh more internal.
So that's something we would definitely want to look at at final plot.
Okay, yeah, okay.
Yeah, I that all sounds accurate, and I will say that um having read through the traffic impact study, there has been some level of analysis done with regard to a future school being placed there.
Um, but obviously as as we continue into final plat, we'll we'll look at that more closely.
And um once the school does come in, we'll have to reevaluate that as well when that time comes.
So there and just to confirm there's there is no access point determined yet to get into the school property.
Yeah, the the the the law I believe is just being platted as PLI for right now.
It's yeah, so it would be um just yeah, essentially left as a tract at this point.
Um and that would be in in the final plot, but yeah, I think if we got any updated information um from the school district on their plan size of the I I believe it's uh size for an elementary school.
Okay.
Um so once we get a little farther along in the conversations with SVBSD, or once they get along uh farther along in their planning for the when they would want to construct that school.
I think we we'd have a better idea.
Um and yeah, I would want to reevaluate that point.
Okay, but yeah, there are no plans like there's no conceptual plan from SV V SD at this time that we can kind of reference at this point.
So um and then the other intersection, Boysenberry and um State Highway 52.
So um Saints Scholastica has indicated that they're gonna pursue working on their property up there, which is near the water treatment plant.
I guess as and that can't be answered tonight, I'm sure, but as it approach if it gets approved tonight and approaches final plat, I think it would be beneficial to have a discussion with the church and see how that's going to intersect with that intersection and so to say and yeah, we've um as part of previous um pre-applications that they've had with the town.
We have we've outlined some of the improvements that we wouldn't need to see um with that specific development should they continue to move forward.
Um and uh we'll continue to coordinate with them as we if if they if they decide to make a formal application with the town.
So thank you.
Yeah, absolutely.
I don't know.
Come back to Mayor Pro Tem for second question, not related to roads.
Yeah, thank you.
Um yeah, Councilmember O'Connor asked my other question on the other intersection there.
So um uh I guess um sorry slide where I'm looking at uh so speech.
Sorry, uh I guess it's slide uh 10.
Um so and just to understand, I know there's a number of drainage things that that you're addressing with the development, but I also just want to go over quickly um the ditches that that run through the property.
So um uh you're I assume you're you're piping all of those ditches that will run through or is it okay?
Okay.
Well with all the time that we've had, we've actually gone out and made final permanent agreements with all three ditch companies.
Okay, and uh the the southerly ditch, which is which cotton the cottonwood will be put in a pipe and then uh connected to existing piping within uh Morgan Hill.
The other two ditches are gonna stay exactly as they are.
Okay, and we're gonna we've already got crossing agreements with those two ditches um for roadway crossings, okay trail crossings.
And the the drainage solution, just so I'm understanding, because I know I think you can't have drainage into the ditch.
So how is that being addressed or it's an amazing structure that takes the drainage water over the the ditch or under the ditches?
The cases may be, but it doesn't go in the ditch.
Okay, all right.
Um and then just for the sewer of the wetlands uh so uh slide 13, the existing wetlands.
Um so part of that runs into sorry, is that the I got the ditch names on so I guess that's the boulder ditch through there.
So um with the wetlands there, I mean, are there like cattails and things that run through there?
And uh is there sorry is it just sorry, no uh it's it's uh it's more like sedge type grasses.
It's not it's not like not cattails, and yeah.
Okay, all right, okay.
So there I get I guess there's no issue with or having to maintain the for the ditch flow to go through there.
So no, yeah, okay, all right.
Um yeah, that's my only question.
So yep, thank you.
All right, council member O'Connor.
Um I've got just two other questions.
Um so one of the public comments came from a Morgan Hill resident regarding the construction traffic.
How is the construction traffic anticipated to be handled so that it hopefully doesn't go through the existing neighborhood?
We we could we can take measures to prevent traffic from going through there.
No, based on the layout of the community, there shouldn't be a reason for people to be driving through there anyway.
But we can do take certain measures to prevent it.
Okay.
And my other question, um, I guess slide 25 would be the best on this one.
Is that the roundabout one?
It's the roundabout one, but it's not about the round plan, maybe it is about around.
Um so the future commercial.
How is it anticipated to enter that portion?
The access?
The access.
Um access will have to be determined when that particular application comes in, but the expectation is that you'll access from the internal road on the south side.
That one that curves into it.
Right.
Okay.
And there would there's there's no anticipated um basically curb cuts on 52.
You probably couldn't do it that close to the circle.
Yeah, you couldn't get there.
Yeah.
Okay.
Okay.
I was I just wanted to understand the how that factored into the into the overall project.
That was it.
Thank you.
Okay, council member Petersonelli.
Yeah, I had question about the next part.
I think I have put the last time.
Councilmember Hope.
Nothing more, thank you.
Okay, Councilmember Mortilero.
So yeah, there are a lot of ditches running through the the property, and I I appreciate all the work that you guys have done, uh especially around the oil and gas um you know mitigations, and I know that takes a lot of work, a lot of time.
Uh and I know that's not finished yet, but I appreciate all the work that that is being done.
Um the ditches, I I guess yeah, I'm concerned about uh detention and so detention won't go into the ditch, is what I heard.
Okay.
Um and what is the flow from the detention ponds, you know out the volume?
Uh the direction and it flows to the west and then through a channel and then to the north to the northwest corner.
Okay.
All right.
Thanks.
Um so uh piece was that you'll have no further action around the oil and gas um issued by the ECMC.
Uh so appreciate that.
I think a lot of mine have been answered.
What uh another question I had was what's in the east southeast portion?
Um down in in the uh slide maybe five of the staff.
Is it this little uh are you talking about property um outside of the this little notch where the where the cursor is now is that there and east of there uh across uh county county road three?
Um that is an existing residence, actually.
So that that uh property owner would remain untouched through this.
Um then I believe east across the street, it's also uh let me actually pull up my map before I answer.
Um across the street, it's currently undeveloped.
That it is a larger uh rural property across to the east.
And actually, those are uh not incorporated into the town of Erie currently, those are um in unincorporated Weld County.
Okay, but those would remain as as is.
Okay, yep.
Thanks.
And it also you guys are already coordinating on the drainage with uh C dot Erie, well county, Frederick.
Um are there concerns with the progress that that with the mitigation that you've done?
Um is it aligned with all Weld County and Erie standards?
It does.
It uh in fact it goes beyond.
Oh yeah, just uh I want to make sure that we're not creating any any new flooding air areas or whatnot.
So no, we're we are actually gonna be able to walk away knowing that we made an improvement in the community, the broader community with the drainage.
Great.
And the other thing I read was there are a lot of Russian island olive trees on the property.
Um, and I know those are thirsty animals.
Uh is it are you gonna be able to get rid of several of those or will you be able to replace those with native uh trees and and shrubs?
Yeah, for sure.
That that was uh noted by Ostab in the um in the tree report that was done.
Um if they're close to the ditch and we don't need to take them, we probably wouldn't, but the uh they noted there's only like four trees, I think, on site that they would actually recommend keeping.
So we'll be replacing with a lot of uh more xeric native plantings.
They're not invasive, right?
And hopefully that'll help with the other wells in the area and whatnot if if we're uh we're taking out less water out of the ground.
So appreciate that.
Thank you.
All right, council member bear.
Thank you.
Um so a few of my questions have been asked, so um uh so the phasing on the highway 52 roundabout.
Um, since you're working with another developer across the way to I I assume acquire all the necessary land and get that built.
What is the timeline?
Do you think on that?
We have uh an agreement between our metro district and theirs to cooperate when the first party goes.
We don't want to build half a roundabout if a roundabout ultimately is selected.
And the agreement we have with them is that whoever gets their first builds at the other party pays their share at that time.
Okay.
So you'll split cost and one person or one entity will build it.
Right.
Okay.
Um, but you don't have a timeline on that.
Don't know at this point.
Okay.
Um is there any opportunity to invest in bus stops or anything like that along Highway 52 or County Road 3, as we are hoping to build out our network.
And I just I just threw it at these guys for that.
Yeah, sorry.
We could, yeah, we could definitely engage Miguel in reviews of the final plot and see uh whether, yeah, whether I guess there were any appropriate sort of extension RTD route extensions or stop improvements.
Um or if there are like EREB or other types of uh transit related improvements we could work into this.
Yeah, I think that would be great, especially because it is kind of on the far side of town to be able to connect it back in.
I like the trail connections.
Um I think that's great kind of like we have the Cole Creek Trail on the other side of town to connect into Old Town and beyond.
And then we'll have the um the Burt Trail that goes into Boulder that hopefully we could connect this to.
But that's it's those are comments we hear from other neighborhoods like Parkdale and Compass that they wish that they were more connected to town.
So um just that kind of forward thinking uh connectivity mindset, I think is good.
Um and then the trees I saw that's 85% of the trees on the on property.
So um looking forward to a replacement plan, and I know that our forestry department has recommended trees and um hopefully we can get some native trees in there, whatever that looks like.
Um and then the fee and loo for parks, another concern we hear from Parkdale residents um is they're can they they wish they had more parks or they had a a central park.
Um thank you for the video.
That was helpful to see kind of the vision.
Uh I'm just curious how we're ensuring adequate parks for this community.
Um I mean I the the way I kind of look at this park is even though it's not a neighborhood park, it's almost five, it's almost it's four acres in change.
So um that's larger than any of our parks out at Parkdale.
Uh and and as you all know are aware, we redesigned the pocket parks to make the even even though they were smaller, much more usable.
So we've kind of thought that way through this one already.
Um and it it is you know, we the the I I understand the frustrations with getting the neighborhood parks built, but this park will be built by this community.
So there's it's kind of a double benefit to me.
I uh in my mind.
The Morgan Hill community gets the dollars, but this community actually gets the park built.
Yeah, yeah, that's good perspective.
Thank you.
Um, and then oil and gas.
Um appreciate that this development is um going to use our current standards, which are our strongest standards.
Um appreciate that you've removed the planned future oil and gas development.
I remember Parkdale and Cornflower, how those kind of were in with together.
Um so I just had some questions about the setbacks.
Um the previous setback was 25 feet.
It are there any planned houses within 25 feet of a plug-in abandoned?
No, no, no.
We we've we modified the plan to fit the 50 by 100s.
Okay, perfect.
Um, and then is St.
Brain aware that there is a plug-in abandon on that school site.
Correct.
They are.
We and we've been working with them quite a bit.
Okay, great.
Um, and then the CO416 well, then the remediation is um is there further soil reclamation that needs to be done or any water that was in the report that needs to be filed, and that's it.
And we're making sure that that gets taken care of right away.
Okay.
And the report is literally just it's done.
Or there's they need to sign off and make sure there's no more contamination or I'm not sure exactly the process, but the based upon what the uh operator is represented, the work is all done.
And now it just needs the report to be completed and uh filed, and then they'll do it.
They'll make the conversion.
Okay.
Well, best of luck.
I hope that happens soon for you.
All right, that those are all my questions.
Thank you.
All right.
I just have a couple uh more around the parks.
There is a park plan.
Um I don't know if we can get that up on the screen.
Um I just want to make sure.
So the Morgan Hill situation, the compass situation where the parks didn't immediately get built, and we're working through both communities, those will both get started this year.
On this park plan, are there any of these parks that the town will take the lead in building?
Or did I hear you correctly that you are building out all the parks?
We build them all.
Yeah, build them all.
And you're still giving us fee and lie.
Right.
Why are you doing that?
Well, because we did it at Parkdale, too, where we came in and uh we had wanted originally to do a neighborhood park, and uh direction we got was well, we got this big one and compass.
Why don't you contribute to it instead?
So that's what we did.
But we've made sure that with uh the last filings at Parkdale that we incorporated bigger, fully developed parks that we took care of up front.
Okay, and I get that for the Parkdale Compass because you're helping to pay for the big park nearby that you can get to.
Is there another nearby park that you're expecting the residents of Spring Hill to go use?
You see where I'm going with sure.
I'm just trying to figure out the I mean it the folks from Morgan uh can come use this park.
It's just like when butted up against each other.
Correct.
Yeah.
Got it.
So there's no more park liability for Spring Hill, the town area.
That's the bottom line.
Okay, that's cool.
Um let's see, the the video, awesome video.
Thank you.
I will be looking as this gets developed to see if it meets that.
And if it doesn't, I'll come look for you guys to say, hey, what about this?
Yeah, well.
I I think we often get that, right?
The nice renderings, but then when it comes to be uh sometimes it doesn't always um need that higher look and feel.
And I believe that you've shown us something, and now we have that in our minds, and I'm looking forward to seeing it develop.
Okay, with that, I will close the public hearing.
I'll bring it back to council to see if there's any further discussion uh questions, or if there's a motion to approve resolution 26079.
Mayor Proto.
Yeah, just um a few brief comments.
Um first off, thank you for the presentation.
Um, I know you guys have done a lot of work in the town.
You do excellent work, you've been great partners, and uh, I appreciate the the work that went into this.
Yeah, I agree.
The video was was great, and that was we don't always get that, so it's nice to see a visual representation of that.
Um just a couple things.
Uh um and uh for the the general pub public, the the kind of water things that were mentioned before.
That's a macro issue, and uh as the mayor mentioned, there's gonna be more information coming out about that.
Um I don't see that there's anything that would hold this plat back based on that.
Um and uh to the issue of the roundabout, and this is one that um for the for the plat uh and for those looking online.
If you see the large mat, the the the roundabout is actually not part of what we're we're approving, so that's uh another decision.
But um I I uh I will say that I I do share concerns about the the roundabout there.
Um so I just say to staff that um I think before this gets too long down the road because one of the concerns that I have is it sounds like there's another developer and another municipality that came to the town and we had discussions on that.
Um I don't know if anyone else, to my knowledge, is the first time that I'm seeing that there, so uh I'm a little surprised about it.
I I don't think that's a great place to put a roundabout on uh on a major arterial road.
Um I I mean I was driving 52 uh back in the 90s um and because I worked at IBM, the plan out there, which is now Port Kendrell, Port Rico.
Um uh there's Lockheed out there, there's uh Qualcomm, so it's a major employment center around Gum Gum Barrel.
Um a lot of people work there, drive back and forth, just like people going into Boulder to go to Google.
Um and one of the problems with roundabouts is that um, yeah, they're they're safer for uh you know side collisions and that sort of thing.
But the problem is for emergency vehicles is uh uh they pretty much have to jump the median uh to get into here, and uh we have um the fire station up at uh um up at County Road 7.
Um, so getting that's gonna be the closest fire station to to this community um until Mountain View decides to build another one.
Um you know we also have a lot our our northern water uh reclamation facilities out there.
There's a lot of industrial activity that's happening around there.
Um somebody mentioned the trucks uh driving there.
Um that's that's not a great place for roundabout.
So I'm concerned that it got this far down the pike.
Um and we're just kind of learning about this.
And it sounds like the the you guys were basically kind of directed in this direction, and that's fine.
So I don't that's nothing that I think stops this plat.
So I think uh uh I I like what I see here if it's the character of the town.
Uh appreciate um with the parks and um uh district to Morgan Hill.
This is kind of in my area.
Um and that was one of the big concerns of Morgan Hill was was just because of the some of the the deals we were doing with uh developer agreements we were doing at the time had this huge large area, and unfortunately um with our our teenac funds that weren't enough to uh to develop that park.
Um so uh glad to see you guys have a have a plan for doing that, but you're still contributing into the into the system so we can help the folks out Morgan Hill.
Um we did come up with plans for Morgan Hill uh this year that we're gonna be able to get uh a park there sooner than later is kind of a scaled back park.
Um but that was one of the big concerns we had going through, and uh and and I appreciate you guys being part of a collaborative effort to solve you know a problem for the for the town and uh to ensure when residents do go into a new community that they have something there.
Um because that's that's a huge selling feature.
Um so appreciate that.
And uh yeah, I don't have any other uh things.
So yeah, just thank you for all your work.
Thank you.
All right, any other deliberations?
Councilmember Bear.
Yeah, I just um wanted to um reiterate that you know we have this is a corridor that we have looked at in re regional planning tables for a while on Highway 52, and um you know, advocating for um safety funding to for for specifically intersection improvements.
Um ensure that uh our town engineer and our transportation division agrees with um all of the planned improvements along that corridor because that was something through Dr.
Cog several years ago, a couple years ago, that we um were able to successfully advocate for um funding and design.
And so I want to ensure that the that these plans match up with those and um that the safety benefits are actual and beneficial for the community.
So um I'll defer to the experts on that.
So um just want to ensure there's good communication there, and also with Frederick.
Um they're they're also at the Dr.
Cog table with us.
So um good partners.
Um I also just want to say thank you for your efforts around the oil and gas.
Um I I appreciate how hard that whole process is, and uh just want to extend my gratitude for working so hard to get all of those um old wells plugged and abandoned um to ensure safety for this community.
Um oil and gas is a big deal in in Erie, and it comes up a lot, and so um I just appreciate your extra efforts there.
Um those are all my comments.
Thank you.
All right.
Other deliberations or a motion to approve resolution 26079.
So moved.
Second.
Do you have a motion and a second further discussion?
All in favor, say aye.
Aye.
Aye.
All opposed, say no.
Motion carries.
Thank you.
All right, we'll go on to our second um public hearing tonight, uh, which is item 2026 234, a public hearing and ordinance of the town council of the town of Erie approving the Canyon Creek Plan Development Amendment number 11.
You're just switching seats and you're right back with us.
Yeah, I don't sorry, I don't know why I always switch seats, but that's okay.
All right, let's see here.
So thank you for listening to me again.
Uh the second case I have for you this evening is the Canyon Creek PD amendment number 11.
And so the specific request this evening is for uh a zoning change essentially to change the allowed uses in a particular area in the King Creek PD from residential, which is existing uh to commercial, and then also update the associated development standards um to to match the use instead of being for residential.
Uh just just to clarify, we are not approving or or if if council chooses to approve the PD amendment tonight, uh that does not give any site plan approval.
We would definitely have to go through a separate site plan uh and plat application.
So um just to be clear, all that's before you this evening is the zoning change, not a not a site plan.
Uh and so location wise, uh this is at the southwest corner of Erie Parkway and Mellor Street, and so uh county line road is just off the screen to the right here to the east.
And the property is within the greater Canyon Creek PD, and currently uh the allowed uses on this property are uh residential and child care.
Uh and that's evolved a little bit over the uh life of the Canyon Creek PD.
So originally this property uh was designated as a child care center in the early Canyon Creek PD, and then in the late 2010s, uh an applicant came through and requested uh to be allowed to do a PD amendment that would allow uh residential here.
So uh that PD amendment was approved, but that never got built.
Uh and so uh that leads us to this latest uh latest proposal here is to uh rather than doing residential here to uh do commercial.
And so our comprehensive plan does designate this as residential medium.
However, if you remember in our in our new companion uh secondary uses are contemplated, uh and the thought is that uh there may be opportunities to mix in these secondary uses uh rather than always just having one use across the board, uh which is rather inflexible.
Uh of course the market demands change over time.
Um so neighborhood commercial is identified as a possible secondary use in the residential medium category.
And there are a few specific goals in the comp plan that speak to uh or that this project sort of aligns with.
So uh cultivating a mix of local unique creative businesses, uh creating activity centers within established neighborhoods and encouraging infill development and adaptive reuse of existing structures and properties, so not existing structures in this case, but uh existing property, uh, and also evaluating integrating small scale retail uses into existing uh single use neighborhoods to help reinforce availability of services and amenities.
Location wise, you can see uh this is bordered on the south and the west uh directly by the existing residential neighborhood.
And you can see there there is a existing traffic signal at Erie Parkway and Miller Street.
I'll get into a little more uh detail about the proposal now.
Uh so this PD amendment specifically only impacts this particular uh parcel um or group of parcels in this case as it exists today.
Uh so just this highlighted area doesn't touch uh anything else in the Canyon Creek PD.
And so there are sort of two main things that this PD amendment is doing.
The first is updating the or amending the list of allowed land uses.
So as I mentioned today, uh all that's allowed on those proper or on this property is uh daycare or medium density residential.
All of their land uses are prohibited.
Uh so this PD amendment would open it up for um or replace those uses with commercial uses, but uh through two uh sorry, through two hearings at Planning Commission uh and some various reviews with staff, uh we've narrowed the list down considerably in order to help promote uh uses that are more compatible with the neighborhood.
So specifically things that would be prohibited would be auto repair, car wash, um light industrial, pond broker, gas station, anything with a drive-thru.
Um so it's a it's it's really been a tailored list to try to encourage the smaller scale and also encouraged uses that are less auto-oriented uh that rely on drive-throughs.
This PDM also updates the development standards uh to align with the commercial uses.
So uh this would be essentially zero zero foot setbacks along the east.
No, I'm sorry, the west and the north sides along the street uh in order to encourage buildings to be closer to the street and locate parking in the back.
Uh and then there would be a 20-foot rear setback and also wherever it abuts a residential district, so that would be on the south or the east, there would be a required 20-foot setback.
And also the applicant was willing to lower the building height lower than actually what it even is in the CC zone district to 25 feet in order to try to be compatible with the neighborhood.
So that setback that I mentioned to residential areas must be landscaped.
It cannot contain buildings, parking, or driveways, and that's specified on the PD zone document.
It also stipulates that any commercial development also has to go through our development standards that are already in the UDC for commercial development.
And those get into things like building orientation, building material, architecture, and landscaping.
Now I'll get into the recommendation.
So the applicant did hold a neighborhood meeting back in December, and so key questions and concerns that came out of that were related to buffering and so how this was how the site was going to interact and affect uh adjacent properties in terms of lights, privacy, uh, and then thinking about landscaping as uh something that could help screen.
Uh uncertainty over the future uses since this is sort of in the early stages.
At this point, it's just the PD or just the zoning proposal.
Um the applicant doesn't have a specific user in mind, so there is some uncertainty about what the future user might be.
Uh and then pedestrian safety also came up.
Uh we, as I mentioned, we went through two planning commission hearings.
So some of the specific asks that came up in planning commission at the first hearing were uh regarding the parking requirement to make that essentially more flexible and more dependent on the individual uses to try to minimize a situation where something might be overparked, and in order to help uh encourage more walkable, walkable type uses.
Um, and then yeah, provide a little more clarity on the landscape setback, what that buffer between residential and commercial would look like, uh, and then also lower or further define this list of approved land uses, hopefully to avoid anything that presented an obvious uh conflict with the existing neighborhood, and then uh lowering the height as well.
Uh so in summary, staff do find that this application is uh consistent with the approval criteria, and uh planning commission did vote unanimously at their second meeting to recommend approval to town council.
Uh public notice requirements were met for this uh hearing this evening.
Uh and I also want to keep in mind we uh we have had a number um uh public comment throughout um at the neighborhood meeting at the two planning commission meetings.
Um I want to acknowledge those are all very valid concerns and that staff will be keeping those things in mind uh if this moves on to site plan and plat when we get a more uh detailed idea of what the actual user would be and what uh site layout might look like.
Uh so yeah, ranging uh ranging buildings, um, ensuring adequate screening through landscaping and fencing, and then um further promoting this walkability.
There's also a bus stop uh on Erie Parkway just to the north of this, and so something we're contemplating is uh requiring the applicant to make some improvements to that bus stop as well.
And that concludes my presentation.
I believe the applicant also has a short presentation.
All right of the applicant command.
In case I didn't say it, this is uh the public hearing is open.
Yeah.
Good evening.
My name is Dominic Schwartz, and I am the project development manager for Emerald Development.
Emerald Development is a small family-run real estate development and investment firm based in Boulder.
The family has roots in Boulder County going back nearly 50 years, and our work is focused on small-scale housing, community-based neighborhood retail, and mixed-use projects along the front range.
One of our current projects is the new Boulder Museum of Contemporary Art, which reflects our broader focus on context-sensitive community-oriented development.
We're here tonight regarding Canyon Creek PD Amendment number 11.
We are requesting an amendment to allow for limited neighborhood serving commercial uses.
Our goal is to ensure the site's development is both feasible and compatible with the surrounding neighborhood through clear enforceable guardrails.
Uh, with that, we'll move into this uh short slideshow presentation.
This proposal is for a small-scale shopping center at the corner of Erie Parkway and Miller Street.
The project will serve residents in the surrounding neighborhoods by providing local retail.
Currently available grocery options are all more than three miles away.
Spending analysis shows that Erie residents do the vast majority of their shopping in neighborhood communities.
Anticipated tenants are a local market and other storefront retail.
The market will offer fresh produce, a small selection of groceries and prepared foods.
Other businesses would be selected based on neighboring residents' needs.
Spaces will be small, and local businesses will be prioritized when leasing.
The proposed uses differ from those permitted by the PD, which currently allows medium density residential and a daycare center.
The proposed PD amendment will provide commercial, business, retail, and/or food and beverage uses that will be within walking distance of numerous residential neighborhoods.
Promoting a pedestrian-oriented community can improve physical and social health.
The proposed plan includes multiple single-story buildings.
Adequate parking will be provided with access from Miller Street.
And the buildings and parking will be screened by landscaping on all sides.
Screening will be particularly important along the site's south and east property lines where it will separate the project from adjacent residential lots.
I think we've pretty familiar with the actual location.
And this is uh just to be clear, this is not a site plan by any stretch of imagination.
This was really just a uh, you know, this is a concept diagram that we used to sort of initiate a feasibility study to make sure it's sort of penciled out.
Um some of the um changes that we made to zoning uh with planning and and and the neighborhood and consultation is noted here as far as reduced parking and and things of that nature and setbacks and whatnot.
And with that, I would turn this back over to council.
Okay, we'll see if anybody is signed up to speak on this tonight.
Uh yes.
Uh Brianna Kutcher.
Welcome.
Good evening.
Uh my name is Brianna Kukta.
I'm a resident of Erie.
Um so I live in the Canyon Creek neighborhood, just point three miles from this proposed development site.
And I'm here on behalf of my husband and I to speak in favor of this.
Uh, we love to walk for the past six years that we've lived here.
We walk around our neighborhood probably two or three times a day, and almost every day we bemoan the fact that there is nowhere we can go in the sea of houses.
When we've walked in the past, uh past the sign for the first time, hinting that they might be developed in the area.
We got really, really excited.
We were imagining what businesses, restaurants, and services we could actually walk to instead of having to drive far, far away to do things.
Uh, this is exactly the kind of change that we hope to see to our neighborhood when we first moved here to Erie.
The Strong Towns organization says that there are four things that makes a community truly walkable.
That walks need to be comfortable, interesting, safe, and especially useful.
You need a destination.
I am a really strong advocate for allowing commercial zoning within and next to residential areas.
That small commercial sites like this one in our large swaths of housing will give us a useful reason to walk, a reason to shop within our neighborhoods without having to always drive and get in our cars.
I know some neighborhoods might, some neighbors might seem concerned about the increase in traffic or cars into our neighborhood, but I would ask them and you to consider what makes people have to drive to get to shops like these.
It's not having shops like these in their own neighborhoods that they could themselves can walk to.
Small commercial spaces within walking distances of our homes is an important step in the direction of less driving, less cars, and less traffic overall.
I will also say here I was really pleased to see in the presentation that there was a note about no parking minimums and perhaps building the buildings close to the streets with having parking behind.
I think that that will really help orient this to neighborhood walkability and also add to the visual appeal of our neighborhood rather than having parking be the first thing you see.
To conclude, if we put a stop to adding commercial spaces like this in neighborhoods because we fear change or losing a little bit of our own comfort about having our neighborhoods look a certain way.
I think we are handicapping ourselves and our communities for the future.
I think that uh we need to prioritize community progress and community-oriented uh commercial spaces for our own future.
Uh my husband and I very much want this development to go forward.
Thank you.
All right, thank you.
Next is Lunel Gilliand.
Thank you.
Good evening.
Welcome to the nail gillaland on um Matthew's circle in Erie.
And a couple of things in the presentation, and I've been at all three, the Zoom meeting and the two in person that I think weren't really brought out as concerns is regarding the traffic, there's one driveway for this particular property that sits on Meller.
So there would be only one way in and out, and that's a pathway that the kids take to Red Hawk Elementary.
And there's a lot of dog walking and bicycling along the way.
Also, I think the plans that were altered to do shrubbery and trees was great, but the houses along this sit up above it.
So even with shrubbery, they're going to be looking down on to the buildings and the cars.
Another thing is obviously it seems redundant to what's going on at town center.
It's a quarter of a mile away.
We're gonna have a lot of shops there.
Um and lastly, what we've also talked about the water concerns.
Um, should we really be building more with what's going on right now with water?
Thank you.
Thank you.
Um next we have Jeremy Tabor, and he is online, so let me get him switched over here.
Jeremy, you should be able to unmute yourself and speak.
It just had me join as a panelist.
Can you hear me?
Yes.
There we go.
We can hear you.
Hi there.
Uh my name's Jeremy Tiber.
I live in Bashir Court.
Um, I've lived in Erie for about 18 and a half years.
Um, I've seen a lot of growth.
I support a lot of growth.
Um, and I've been to all the other planning meetings that have been here.
The speaker that spoke earlier today was the first real support of this.
The other planning meetings have been largely 100% opposition to this for the neighbors that that come in and would be in contact with this.
They've sent letters and spoken about this and talked a lot about why we as a neighborhood don't want this.
Um, you know, first and foremost, there's just a lot of things that can be happening right around trash, late night deliveries, light pollution, noise, things that no houses want right next to their house.
Um, but one of the things that really comes to me is that I have two kids that go to Red Hawk, and every one of the kids in this neighborhood that goes to Red Hawk, they're not this isn't a bus route.
We have to take our kids to Red Hawk, and most of our kids walk to Red Hawk because it is so close.
Um I walk on that sidewalk and my kids walk on that sidewalk almost every single day, and having cars going in and out of there from a uh a commercial aspect just doesn't make sense and is incredibly dangerous for our kids.
Um of the other things that they're trying to say is like getting rid of the parking minimums, which is just going to cause people to park in our neighborhoods and in our cul-de-sacks and then our streets.
I'm also in great opposition to that.
Um, one of the things that I see, and like I'm a big proponent of having things come into our neighborhood, having Erie growth, having things, this whole town of Erie growing.
I'm pro that, super excited about the town center.
That's two blocks away from where this is gonna be.
Everything that we say that this is going to provide, potentially a supermarket, all these things are going to be two blocks away.
There's no need for this to be where it is, and just having the whole big Erie town center being just two blocks away.
We're also talking about how we've been out of space.
There's empty fields just south of like the Vellodrome and things of that nature where there could be other commercial.
We don't need this pocket here.
And for those that say they want walkability, walking that extra two box is not a big deal.
I'd love to see more development here.
I also would like to see less developers controlling this stuff.
I would have loved for our HOA to have bought this land when it went up for sale, but it wasn't zoned for us.
Developers buy these things and have you guys change what they're allowed to be instead of taking the responsibility of what it was supposed to be or allowing it to be open for the neighbors.
I looked at the presentation that was given earlier on the big subdivision that's going in.
There was a star and a word of commercial in hopes that somebody else is gonna take care of that.
But I'd like to see you guys have these developers plan in the commercial instead of thrusting it into our neighborhoods and onto us.
I've seen the PD amendment, and it's changed a bit over time, but it still has things in it like restaurants that can be running until two in the morning, commercial amusement indoor facilities that can be going late, urgent care that can be having ambulances coming and going from those things.
These are very disruptive things to a neighborhood, and especially next to houses.
So I know like if this was next to your house, you wouldn't want this to be at your house.
If you were lied about what was going to be on that lot next to your house, you wouldn't be excited about that either.
I'm asking you not to be held hostage to what these developers are asking, and to have the sites that we move into be held to what we were promised that they were going to be.
20 seconds.
All right.
Thank you.
That's the last of our speakers.
All right.
Is there anybody else in the audience who would like to talk to us?
Uh address us on this particular topic.
All right, seeing none.
Um we'll come back uh for counsel to ask any clarifying questions.
Councilmember Mortolero.
Well, we go Mortalero and then we'll come this way this time.
Okay.
All right.
Um couple things.
First, uh, yeah, I've gone back and forth on this.
Um I walked the property the other day uh to get a feel for it.
Um, and what I came out with was the benefit or the negative impact to the neighborhood around it is really gonna be based on what goes into this space.
Um I do appreciate the height restriction being dropped from 35 feet to 25 feet.
Um so I guess my first question is around um light and noise pollution mitigation and what the plans are for that.
Yeah, so uh I think I'll take a uh first stab at it.
So we um a couple of unique, or I guess the unique thing about this PD is that it requires this 20-foot setback.
Um and it's specific that this this can't be a place where trash trash uh enclosures go, it can't be where people are parking or um a drive drive aisle is uh it's specifically has to be a landscape buffer.
So that's that's one item.
I think there are a lot of other items that are a little more detailed that we would get into at the site plan review, but we do have our code, our UDC requires um or has standards related to light spill.
So for example, um lighting has to be full cutoff, it's has to be lower than one foot candle, um, which I can't off the top of my head explain to you exactly what a foot candle is.
Uh, but we we we evaluate photometric plans, so they have to demonstrate the applicant has to demonstrate to us essentially that the the light spill at the edge of the property won't be um won't be above this one foot candle and won't be affecting uh properties beyond the the boundary of the parcel line.
Um we we also have standards related to the placement of the trash enclosure, so that um that would help us sort of fine-tune the location of it to be sure it's not on a street-facing side, but it's also not too close to the uh residences on the back.
Um we do also have um in our municipal code, of course, we have uh a noise ordinance, and so that that does place restrictions on noise levels.
Um I don't remember the specific times of night, but uh overnight, and there's a certain actual decibel level that's uh a maximum that's defined in our noise ordinance.
So there are sort of a number of various code sources uh that would help us uh and enforce, I guess, some of these compatibility issues.
Um, but but certainly uh some of it would be uh talked about during the site plan and really refined during that site plan when we we know exactly what kind of building we're looking at, um what kind of user and and what kind of restrictions uh we would be looking at on a specific user.
Yeah, because I think you know the the parking lot lights are are gonna be important that they don't go outside of of the property and that it's not shining in folks' bedroom windows and whatnot.
Uh can we restrict the operating hours?
Uh to that is a good question.
We uh we actually did have that conversation after, I believe after the first planning commission meeting.
Um, and I believe what we determined at the time was that we didn't have any code that would allow us to uh restrict operating hours.
I'd be very concerned if there was a 24-hour uh shop or something that people could be going to, you know.
We've got to respect people working and whatnot, and you know, nine, ten o'clock.
Uh it needs to be, you know, we we can't have a lot of traffic, you know, going in into a commercial area that's this close to a neighborhood.
So I would I would suggest that we look at what our options are, you know, for for operating hours and how to make sure that uh what goes in there isn't operating, you know, after after hours.
Um it mentioned you know the local market.
Um are we currently working?
Are you currently working with a local market uh that's interested in in this space?
No, not as of yet.
I mean we're really just trying to get rezoned so that we can get into the site plan to figure out what we can really, you know, what what works what works for the neighbors and you know, and and then dig into possible tenants.
So the next step is a site plan.
Um what what happens at what process after that and and does it come back to us?
That's a good question.
So the next step would be uh would be sort of two concurrent applications.
So a site plan application and then uh minor subdivision application.
Now most likely, depending on the square footage of the proposed development, those would both be administratively reviewed.
So a site plan triggers a review by planning commission.
Uh I believe when it's more than 20,000 square feet.
But even then that goes to planning commission, it doesn't actually come to town council.
Um the the only thing that might come back before town council or likely would actually uh come back before town council would be the uh development agreement associated with uh minor subdivision plot.
Um and and to clarify the reason they would need to do a minor subdivision plot is because currently the property has been platted out into townhouse lot lots, and so uh the developer would have to combine those back into one or or two commercial lots or something like that.
Um but what yeah, I anticipate we would uh we would do a development agreement with the plat, and that would likely come back to council on consent agenda.
Okay, likely come back or definitely come back.
Uh so development agreements don't always come to town council.
I I would say this this will because it will inv involve uh public improvement.
So um if a project is requiring any public improvements of that typically is like right improvements outside the property line, so in the within the right-of-way.
Um that's one of the things or dedication of new public utility easements, uh, both of which I think would be the case in this.
So yes, a development agreement would come before you on consent agenda for this.
Okay, thanks.
And who would own and operate the businesses on the site?
Uh was the developer gonna keep ownership um or will you be selling um selling the the development area of the site uh once once it's complete.
No, our intention is to hold this property for long term as we do for all of our other properties.
We don't we don't buy land, develop and flip them.
Okay.
Thanks, Elisa, for my questions.
Okay, we'll come back to councilman Rubert.
Thank you for the presentation.
Um we have heard a lot from the community on on this particular spot.
So it is a hot topic.
Um so I guess one of the questions I have is that this this corner has sat for a long time undeveloped, vacant.
Um that doesn't mean that it's open space.
I think that we have a hard time with that um in the community sometimes.
But I'm curious why it hasn't nothing's happened there before.
Um I'm something I'm sensitive to is changing the um you know zoning for for folks.
So that's a great question, and I may use this opportunity tag in uh Julian if he's still here.
Um I I think I can speak to it a little bit too, but the um I I think the size is a challenge, so I think I think it has been passed over by a lot of the bigger developers um just through the size.
It is for comparison, this is uh this is 1.8 acres, uh, which is roughly the same as the Walgreens that's on the southwest corner of County Line Road and Area Parkway.
So it is a pretty small site we're talking about.
Um but I don't know if yeah, maybe Julian, we we have them for a few more minutes.
Uh might be able to speak to the the market conditions or market demand a little bit.
Sure.
Hello.
Uh Julian Jack Renek and a Valentine tractor for the town.
I think in as short as possible, it's it's not considered commercial at the time.
So there just hasn't been interest because nobody knows it's available for commercial purpose.
I think living here for five years, I've always wondered the same question of what is what's available here and why hasn't it happened?
But I've never once until this process considered commercial because it hasn't been allowed at this location.
And if I'm thinking that the developers are probably thinking the same.
Okay.
Okay.
So zoning would clear that up.
Um a couple of things that we heard from the community is um it's not necessary because there will be a grocery store, knock on wood, knock on all the things.
Um at the you know, hopefully at some point in town center, it's contemplated to go there.
Um so is that a consideration when you're thinking about zoning and and possible tenants.
Yeah, a hundred percent.
Um I think for us town center, we view that it it's more of a regional hub.
It's a large development.
What we currently had drawn is roughly 17,000 square feet in two buildings, so 8500 square feet per building.
This is not a grocery store that we might you might be thinking of a King Supers or a Whole Foods or something of that effect.
Um we're thinking more of a like a neighborhood bodega.
This is this the idea of this property is to embed this in the neighborhood to make it more of a walkable uh you know, community uh centric shopping center.
Um so we don't view this as a competitor to that regional uh hub of town center.
It's different.
Serves a different use purpose customer.
Yeah, I mean, you know, I mean like when I yeah, I mean I I see big box retail going there as opposed to this, which is much just a smaller, very small smaller units, thousand square feet, twelve hundred square feet, maybe fifteen hundred square feet in a in a larger space.
Okay.
Another concern we just heard about was that the one driveway.
Um I know this isn't a site plan, and so we would get to that later.
Um is it safer to have you know an entrance and an exit?
Two separate driveways.
Is it safer to have if we're talking about walkability, we want people to be using the sidewalks to get here.
Um what's what should we expect for the community safety?
Yeah, those are great questions.
We one of the challenges here obviously is it that yeah, partially that it is a small site, but also the proximity to the um signalized intersection at Miller Street and Erie Parkway.
So in the review by our transportation team, um they have indicated that they would not accept a new uh curb cut or new access point off of Erie Parkway, uh given the close proximity to that intersection.
Um so that that really does sort of restrict the vehicular access points on this lot.
Um and that that's also part of the reason that the one access point here has been pushed so far to the south is to gain as much distance as possible from the signalized intersection.
Um I I will say that I I am certain that our our team will be uh thinking through the pedestrian connections and what would require some some type of improvement, whether that's uh a crosswalk or raise some kind of raised crosswalk uh at that entrance.
Um and certainly would be thinking about uh visibility lines too for cars that are exiting uh exiting this sort of parking area.
Um so I yeah, no, I think the pedestrian safety is a great a great question, a very valid concern um and something we would definitely be looking at when we get into a site layout.
Okay.
Um I think that's yeah, the I think that would be the focus for this if it's like walkability.
Want it accessible to pedestrians, so any pedestrian safety improvements, trail connectivity, bus stop improvements.
Um I think are should be friend of mine.
And then uh in one of the slides, I can't remember whose slide it was.
I didn't write it down.
Uh you talked about promoting walkability.
Is there something we can include in the design or the whole process that we're promoting walkability?
Um that's a good question too.
Uh let me sorry, I'm trying to navigate back to my presentation.
Yeah, if I might I might also just uh mention that at the last planning commission meeting there, you know, there has been such a very strong uh concern about pedestrians, kids walking to school.
And you know, I was asked and wholeheartedly agreed to uh you know, for the traffic study was to really make it pedestrian centric to really try and which is also part of reducing the parking lot parking space count is to make this not just a piece of asphalt and to try and figure out ways to make it walkable.
Make maybe there's a path that can walk through there.
There's a way to sort of bypass certain spots potentially, you know.
But these are things we can't really see yet, but uh you know, we are going to investigate.
Okay.
Thank you.
Those are my questions.
Okay.
Mayor Pur Tem, anything?
Yeah, um, so I had similar questions, and I I know that um uh from the signalized intersection there.
Uh so on Miller, uh, you have the the two turn lanes there, the uh left turn and a straight through right turn line.
Um it's kind of hard to see from I had to go into Google Maps because you can't really get a high-res photo on there, but um it you can from your from your photo there are the the top yellow bar on the on the property there, the the kind of the bottom of it, that's sorry, yeah, just read uh up a little bit.
Sorry, sorry, that to the side and uh yeah, that one there.
The bottom of that yellow bar there is about where the uh the line for the the turn lanes is allocated.
And I think there's like a minimum when you have a uh move full movement access off there, I think there's a minimum uh distance we have to have from where that starts to where the entrance is.
I believe you're correct, yeah.
That that uh turn lane needs a minimum amount of distance um leading up to the intersection.
I think you're correct about that.
Yeah, yeah.
So um, yeah, that was my only comment is it would be nice, like if it was more of a central access in there, but I think we're gonna be prevented from that.
But if there are if there's a way to possibly move the entrance a little bit further north than what's on there, I think that um might alleviate some of the problems.
Um again, I know this isn't a site plan, but the um uh and I guess my other question would be uh to the the applicant.
So um I know nothing set in stone here, but you have two buildings.
Or are you envisioning roughly you know how how many uh units would be leased per building?
Are you are you are you thinking in any terms of that, or is it just kind of I mean, you know, not very not terribly in depth, you know.
I mean, but if we're looking at an 8500 square foot building and roughly 1200 square feet, you know, what we're looking at seven, six to seven units, okay six or seven, as my doctors might say um units um per building, and then one may be you know the bodega may might take up two or three of those retail spaces, um you know, and so that then they would be combined and build out into a larger space.
Yep, okay.
And then um I know you mentioned that the setbacks you're trying to prevent.
Uh you know, those can't be used for uh waste or or those types of things.
But but where I guess my question is where where would you envision if if there uh dumpsters were it's a small property, like where would that go or uh like mostly for like garbage collection when they have to come.
Yeah, that that is a good question.
So I think um knowing that they couldn't be within 20 feet of the residential, I think they would need we we probably would look to put them in interior to the site, but yeah, obviously, as you mentioned, uh another key concern is making sure that a trash truck can actually get to it.
So we yeah, we would we would need to sort of think about that with the parking layout.
Um another thing is our our code does always require that uh uh trash facilities be screened with an enclosure, um, not necessarily with a roof, but with uh a wall.
Um so that would be something um mandatory as well.
Okay, and then um would there potentially be any need to widen Mellar or anything like that to accommodate I don't uh the traffic reviewers haven't said anything about that to me.
I think the um capacity of the roadways and the configuration of the intersection are could accommodate it, but uh again, some of this is projections.
I think at this point before we have a specific user um that would allow us to do the um more in-depth traffic impact analysis with uh a specific projectant projection related to like a an actual square foot edge number and actual user um those kind of things would give us the details and and then we could yeah, we we could potentially look at whether there were any improvements needed in terms of like restriping or um reconfiguration of the intersection or something like that.
But I would I wouldn't anticipate um that would include red widening or anything that significant.
No, okay, thanks.
I don't think that's all I have.
Okay, we do have one other person that came in, I think remotely, so I want to give that person an opportunity.
Project and projection related to like a an actual square footage number and actual user um those kind of things would give us the details and and then we could yeah we we could potentially look at whether there were any improvements needed in terms of like restriping or um reconfiguration of the intersection or something like that but I would I wouldn't anticipate um that would include road widening or anything that significant no I don't think that's all I have okay we do have one other person that came in I think remotely so I want to give that person an opportunity okay Chris Joseph um if you're still online I I see you you should be able to unmute and speak hello can you hear me yes hi thank you for taking my time I was worried I was gonna hear all this time and not get to say anything so I'll try to keep this brief though um I've been to these meetings all except the first one because I didn't get the zoom address or zoom invite until after the meeting was complete um but what I think has been solely underestimated is the impact on the neighbors to this site this is this is our backyards um usually that's a little bit more of a private area of a house um you know 20 feet is great and I appreciate that effort but okay there's a dumpster 21 feet from my backyard um you know that that's that's a pretty major impact um typically you know I've driven all over this town uh typically commercial has a road and or something more significant between it and residential and you know it's just it it's a very large burden on the houses that are adjacent to this property we walkability is town center um walk there all the time and so this does not add value either as well to this area um we've changed so many things I've been here for 20 years in this town uh uh commercial was supposed to be down by the traffic circle when we first were here and that was changed to residential we taught we went through that presentation at the beginning of this meeting about Springhill and it talks about all the space and all the the niceness of the houses and their views and things like that this takes that away from this neighborhood um and uh it just it's just doesn't seem seem fair to me um the planning commission talks about how nice it'd be it'd be like having a Ziggy's coffee well think of the distance between Ziggy's coffee they've got that road that that separates them and that's and the size of this lot is not big enough for what they're proposing I'm I'm in the restaurant industry people are gonna spill out and they're gonna stand in the parking lot now and talk which is 20 feet from my backyard.
And that's going to be happening all the time they'll spill out of this bodega um which ultimately would lose its competition to town center.
It's gonna be a vacant building because they won't be able to stay in business.
And you know I I hope you see it and you aren't to oppose this.
Thank you.
All right thank you.
I'll go to council member O'Connor thank you.
I um I've got some serious concerns about how the um the children traveling to and from Red Hawk are gonna interact with this property this commercial property that potentially has up to 14 units in it with the 63 parking spots and which is since there's no minimum set 63 parking spots where does the overflow go is it they park on a mall or how does that impact the kids traveling to and from school um because there is no bus between there.
So they're either driving or they're on their bikes or they're walking um another concern with moving forward with this proposed amendment is we keep it keep the discussion is about shopping yet all these other uses are listed here which do not seem to be compatible with the with the neighborhood a medical office vet office it doesn't list here that a vape shop a vape shop could go in here.
A liquor store can go in here I mean if if if we're gonna allow this to even move forward this this allowed uses should be really narrowed down to shopping coffee shops something that would integrate more with the surrounding homes it's it's all surrounded by light residential and it just why is it not narrowed down more than it already is on it in this list.
Well I I will say the slide here is an abbreviated list of the full we we did actually have the applicant go through our entire land use table that's in the UDC and line by line we went through that and I've uh took a look and so a lot of things that are typically allowed in a commercial district are no longer allowed um or are allowed only as special reviews so um I think we some of the some of the specific uses I think we felt a little limited in calling out specific uses and it and I guess maybe just generally I should say we essentially just use the list of uses as we have um in our UDC and so there are something that some things that are our UDC itself does not call out specifically like a vape shop um and therefore it's not in this land use table so I'm fairly certain I'm on record saying we wouldn't do a vape shop.
And so there are something that some things that are UDC itself does not call out specifically, like a vape shop.
Um and therefore it's not in this land use table.
So I'm fairly certain I'm on record saying we wouldn't do a vape shop.
Um I do have the actual full list of you know things, and and there are a few of them that are you know we'll have to go back for special review if we do anything, and and quite a few that we agreed not to do.
Um but yeah, something considered Council Member Pets from LA.
Thank you.
And uh I see some positives with this one, which is our commercial vacancy in area is very low.
And having more options would help increase like having businesses, we generate sales tax.
That is revenue for us.
And at the same time, yeah, I agree with um Congress Member O'Connor on the use cases should be restricted, and public safety, traffic, walkability, noise, all of this should be considered.
And the quality of the life of the residence there is very important, and kids walking to schools and all of that would be altered to an extent.
So I just wanted to pick it.
Thank you.
Right.
And Councilmember Hoback.
Uh thank you.
Uh I used to live in Canyon Creek, and I thought my kids would be going to that daycare, but they're in their 20s now, so I hope that um send it back.
You can send it back.
Dr.
Collie, Frank is oh, yeah, to follow up on Councilmember Bear's question.
Uh at one point, I think I was on the planning commission and um presentation came through uh for some townhomes there.
Uh I think they walked away from it.
I'm not sure what happened there.
Um I only have one question.
I will have some comments uh during deliberation.
But um on the parking, uh, what flexibility with it being a PD and whatnot, do we have in terms of minimums, granting variances and that sort of thing?
Uh I I guess in short, uh a wide range of ability.
So so yeah, parking is is something that can be amended through the PD amendment.
And and actually I will say the request to eliminate parking minimums was was actually something that specifically came from the planning commission that actually was not uh uh originally a gener uh idea generated from the applicant.
Um but of course I I should say the intent with that would not be to approve um a development with zero parking, it would just be um we have a little more flexibility because our the what the way our parking standards are written um is it groups everything into general categories and then it just says for X number of square feet you need X number of parking spaces, and so um I think we have found in the past that that is a little too of too much of a broad one size fits all category or or way to handle parking.
Um and so by eliminating parking requirements and leaving it for minimum parking requirements and leaving it up to future traffic and parking studies specific to the individual user would allow us to just fine-tune it a little bit more.
But but but I also would reiterate it's not our intent.
Um we wouldn't accept uh a proposal that was showing a lot of like overflow parking on the street or in the neighborhood or anything like that.
Okay, thank you.
Okay, um let's see, could something like a garden center go on here?
What is a garden center?
So there's one in um Lafayette on baseline.
It's a small garden center where you can buy plants and um possibly something similar to the temporary one that we have downtown uh that pops up every uh every summer.
I am double checking the PD amendment itself and looking through the land use table.
While you're looking for that, uh question for the applicant.
Have you done a development like this anywhere else in Boulder that would be similar?
A retail.
Um we have a couple of retail locations that aren't that are a little bit bigger.
There's one uh in Lafayette on 95th, and Arapaho that is uh about six separate buildings.
Um are you familiar with that area?
Totally familiar with it.
On which corner uh oriented the former 95.
Across on the YMCA.
Um there's the Y, then there's our development or our our property, and then uh there's that car wash on the other side, that would be on the north side.
Um so that there's a variety of you know, retail.
Yeah, that's much bigger, right?
Yeah, right.
Um we just finished building a uh a three-unit building in Loveland, two of which are lead industrial uh buildings.
One building is the third building is retail, and that's gonna have nine units.
Um that is slowly uh as we start to uh you know put the TI improvements.
Um we're getting a couple of tenants, one of which is a is a restaurant, the other one, and I think there's a small furniture uh person who you know who makes our own furniture is gonna take one of those retail spots.
Um then you know, and that just got delivered to us about uh 45 days ago.
So we would like to be further along, but we're not um there's another retail property.
Uh we call it Zarlingo, a simbolder, it's on Velmont between uh 20th and 30th.
Um that's probably it's a two-story uh property with about 15, maybe 16 units.
Um that's a hair salon, it's a bagel shop.
Uh it's a uh what else is there?
Um they do have a restaurant there.
Um there's a state farm retail, you know, uh uh you know, storefront there.
Um so we have a few.
Um and there's a majority uh of our properties are also lead industrial.
And this would be up to two stories, is that right?
With 25 stories, one story.
Yeah.
Okay.
Um I struggle with this one.
Um restaurants are in there.
Um my day job, I work across the street from a Burger King.
I recognize the Burger King couldn't go in here because there's no drive-through.
Um, but you could have a burger shop, uh, like um there's a lot of standalone burger shops, and then I think of that scent, which I smell often in my office uh from Burger King, and if I was a neighbor of that, I think that would be a problem.
Um so you know, it has me, you know, just concerned on whether this is the right location, right?
The kids going to school across there.
That is a real thing.
Uh the one entrance, right?
We can't get a second entrance out on to Erie Parkway.
So there's it seems to me a lot of different things that are on the not so much the pro side, but on the concern side.
Is the can I just ask just a question?
Is is the lack of a second entrance um is that set?
Is that 100% area?
I wasn't sure because I thought at some point there was talk about at least having a uh an eastbound outlet out of the property going down near your parkway that wouldn't cause you to have to come to to turn into traffic.
Yeah, I think we could certainly evaluate other options at um a final plat when we or site plan when we get to understand a little bit better the the layout of the parking and the building.
I think um Yeah, I think the feedback I've heard from transportation is that we would prefer not to have uh any any access point on Erie Parkway, but I think we'd be open, so suggestion.
And yeah, if if it were anything, it would be um like a right turnout only, exit only sort of situation, it wouldn't be full movement.
Um but yeah, I think I think we could look at other options uh during the uh during the site plan.
And I would say one other thing too is I at the last commission meeting I did uh verbally commit to having another neighborhood meeting if we get into site plan and really get to dig into this and start to put some things together, potentially identify future prospective tenants and take that back to the neighbors and see what that response is.
Yeah.
I think the other thing I struggle with on this is that we need more um affordable differentiated type housing, right?
And in I didn't realize that there was a townhome development here at some point that never made it through the process for whatever reason.
Um it seems like that would be a much better use in there.
Um I get the walkability for you know being able to go to a coffee shop or but the site is so small that it doesn't feel like that makes the most sense.
And then literally you go out on the Erie Parkway and with town center.
I mean, that is where the retail is gonna happen.
And that's certainly walkable in that corner.
So I'm struggling with um you know this particular uh change at this moment.
All right, so I'm gonna stop uh council questions.
Um I'll actually close the public hearing and then I'll bring it back to council for deliberations.
Can we deliberate before there's a motion?
So we deliberate now and then we'll see if there's a motion.
So it's that is accurate.
Yes, okay.
I have my script here, so at least from what's uh um written.
So it this is just a chance for us to talk.
We will have a motion in a second.
If we do, then we'll also have another opportunity to talk at that point as well.
I'm having deliberating that one process.
This is it.
Yeah, all right.
Other go ahead, mayor protect um yeah, I uh the this this is a tough one.
Um I I think the the biggest struggle that I have, and I think council member O'Connor hit the hit the nail on the head is that when you zone it commercial or sorry, well yeah, when we zone a commercial, we're gonna be uh kind of tied to the uh whatever the if it's right by use or if it's special review use, and I know you've got a list of things that are are possible in there.
Um but then the the there's always like the the future of this too, because with any commercial area you have people move in, move out, um and and so we may say you know, hey, we only want to have you know this type of business in here now, but does that mean that down the line it a vape shop might uh if there's a vacancy there, um might go in.
Um this is just such a weird area, and I look at it and uh uh um uh I I have no idea why that corner never got developed, but and I think that because I I'm not even sure, like even if we left it as is I I don't know that anybody's gonna be able to develop that corner because it's so small.
I I don't know that it's gonna pencil out for anyone, and when we had the uh the townhomes go in there, I mean that was um I mean that was back when we had virtually net zero interest rates and and it's kind of a different market now.
Um and I the the other thing that I think concerns me is that um some of the restraints we have for just the access onto there uh because as I mentioned, there's there's already a dedicated turn lane on Miller, and maybe you could get a write out out of the northeast corner there.
Um and and then um yeah, the I guess the disruption of the foot traffic.
Um this is tough.
Um so I'm I'm kind of torn on this.
But but on the flip side, I I think in uh council member Post Romelli said that the the one thing that is intriguing about this is that we have such a low commercial vacancy rate that and there's no metro district here, so some of the problems that we had.
My wife used to love to go um to this uh fabric store that's uh over near uh Christos that had to close down just because the operating cost of of being in there because it's in a metro district, the property taxes are higher.
So um I I can see why it's appealing, but uh this this is a real struggle.
So can I can I just address one thing or is that are we out of that?
I was just gonna point out just to just for reference.
Uh the company did take a very hard look at developing this with town homes, and it does not economically pencil out.
Yeah, it's just unfeasible.
And that's why we're here.
So is that so?
Is that a temporary situation because of the high interest rates or no?
I don't think so.
I think it's more competition uh and and a competitive, perhaps maybe you know, with toll brothers, you know, you know, a mile down the street, building single family is probably less expensive than it would cost to build the town homes.
It's it's just a competitive uh issue.
Um yeah, I just want to but I wanted you to know that it wasn't something that was glossed over.
Yep.
Um other thoughts, comments, and then I'll see if there's a motion.
Yes, Councilmember Hoback.
Um for me, uh rezoning has a higher bar than a lot of the quasi DGSL developments that come across our desk because um once it's rezoned our ability to restrict um what goes there uh diminishes.
And I show the residents' concerns about uncertainty, what businesses might go in there, um, what goes into the space, as council member Mortalero mentioned.
Um rezoning has a higher bar of for me.
Um to meet um and I look at the site and especially from the aerial view and it it back to two cul-de-sacs, which you know we can't necessarily restrict our our our planning to what type of homes, what type of streets uh it backs to, but it does seem like a an unfair fit.
Um for me because people buy a property with zoning in mind, oftentimes uh we need a compelling uh argument to uh to change that zoning.
Um I'm don't believe that is met here.
I concern I'm concerned.
I would love this type of this site to be developed like this.
Um if it could really be guaranteed and had maybe some more a lot more restrictions.
Um you know, a small grocer.
If we get a big grocer down the street, I don't know if that's viable.
Um I guess bovas pantry up on the hill and bulls are only survived because there was nothing else to compete, but um they're gone too.
Um yeah, uh not knowing what could go in there, particularly if if certain businesses don't make it uh really concerns me.
Um as well as the the parking and the lights and the dumpsters um backing up to these uh these homes.
Um so that's all I have to say.
Right, and I think Councilman Baer to your hand up.
Yeah, I did.
Thank you.
Um yeah, infill development's tough, and I think that you probably had to deal with that before.
Um coming into an already established community and um you know building something new there is is always hard.
Um I am compelled by the walkability factor.
I do like the idea of a maybe a ride-in ride out Miller and then on to uh Erie Parkway um or even full movement on Meller.
I think that actually helps with the pedestrian concerns that kids having to cross over and um onto Erie Parkway.
Um we would never eliminate all of those because any time that you increase traffic and pedestrian um it it causes safety concerns, but um I also appreciate that we hear from our business owners that we desperately need more commercial um the fact that it's not a metro district is very appealing, and um I think that it could be a unique development compared to what is down at planned for at town center in four corners.
Um I I mean I do see the benefits here, and I think that it could be such a benefit to the community, the immediate surrounding homes that they would have that walkability that I wish I had.
I wish um a lot of our communities had it.
It's really hard to retrofit that into a community.
Um so I um I but I completely agree that it should be very we should be picky about the things that could go in there because this is a family neighborhood and they wouldn't want something like a vape shop going in.
Um so if there was some way to get those certainties around that um or a more narrowed down list of things that could potentially be cited there.
I think I could support this also with the pedestrian improvements and perhaps um bus stop uh investment and um just ensuring that it's actually a seamless part of the community.
Um I think this could be a really cool community amenity.
All right, I'll see if there's a motion to approve ordinance 132026.
Um parameters around a certainty, a list of of eligible uses.
So without a motion to approve, it doesn't go forward at this point.
And so um, you know, it's a tough corner, it's small.
And um, I think you heard the concerns uh from all of us up here.
Okay.
All right, we're gonna move on to our next item.
We've been going quite a while.
Um, does anybody need a break, or do you want to persevere and continue on?
Yeah, can we take a break?
Okay, let's do um five minutes.
Then uh we'll pick it back up.
In the meaning, and we're going to move on to item twenty twenty-six two two six, an ordinance of the town council of the town of Erie amending Title Ten of the Erie municipal code regarding the use of manufactured homes as dwelling units.
What we did find was that in our code, we actually don't allow accessory dwelling units to be manufactured homes.
And we found that this is inconsistent with the with housing and urban development HUDs definition and use of manufactured homes, they don't have a type of unit that it could be, whether it's ADU or single family dwelling.
Also allows ADUs, accessory dwelling units by right anywhere now within where single family units are allowed.
So what we have in our code is just again inconsistent with federal and state law now.
And so we are working to amend that.
We are proposing that we allow manufactured homes as accessory dwelling units.
They would still have to maintain the appearance and architectural style, siding, roofing, trim, and roof style of the principal structure, which is the same thing, the same way that we treat single family dwellings.
But again, we would allow ADUs to be manufactured homes, and there are a lot of newer modular style of ADUs and homes that you know would make sense to be allowing.
So the other thing that we're doing in this amendment is modifying the definition of manufactured homes to remove single family detachment from the from the definition and just refer to it as a dwelling unit.
Especially now that we are able to start working towards more accessory dwelling units in the town, and we are uh we have the designation from DOLA where we are specially designated ADU municipality, so we can actually get grants.
So we're just trying to clean up all of our language and get in order for starting up programs to incentivize ADUs.
So this went to the planning commission on March 18th, and the resolution passed unanimously.
The criteria that you are considering this against is the proposed amendment will promote public health, safety, and general welfare, that it is generally consistent with the town's comprehensive master plan and the stated purposes of our unified development code, and that it is necessary or desirable because of changing conditions, new planning concepts or other social or economic conditions.
So again, what you're considering is removing the prohibition of manufactured homes as ADUs and modifying the definition and getting us in line with state and federal law.
And our recommendation is to adopt ordinance number 2026-226.
Okay.
Bring it back to council, and this one may be straightforward enough.
So maybe I'll just see if there's a motion to approve ordinance 18 2026, and then if we have a motion and second, then we can discuss it.
If not.
You could do it easy.
We could do it either way.
Emay.
Would you please call use microphones just um so ask now or later?
My preferences or recommendation is that you ask now.
Okay.
Um, so with short-term rentals and ADUs, um, does would this apply as a short-term rental?
Um, curious.
We I know that that's upcoming.
We haven't we haven't addressed those yet, and um just curious if this would be I don't know, how does this uh like intersect?
Yes, well, we're really sit back a little bit.
So, yes, we do not currently regulate or even license short-term rentals.
We aren't currently tracking them.
We have an awareness of just approximately how many we have, but um, yes, an ADU could potentially be used as a short-term rental.
The um as we look at potentially licensing these and whether or not we want to limit them.
Um that's some that's a conversation, a policy conversation for us to have at that time.
Um my other question is um the working group on homelessness identified ADUs as a good tool or a tool to um address affordable housing.
So I was curious if this would help us reach our 12% goal or that we could display that we're reaching for it and um to be able to you know apply and and be eligible for funding from the state.
So the the 12% um it depends on how we define the affordability if it's naturally occurring, a lot of the ADUs and the scale of those are small enough where they naturally are within the um affordable area median area median income, you know, anything 80% or below.
Uh if we define it as deed restricted, then if it would only be if we um had ADUs that were deed restricted.
So we'd have to they they would have to be delineated as deed restricted in order to qualify if for what we're trying to do with the 12% regionally is have permanently affordable units, and so ideally those would be deed restricted and not naturally occurring because naturally occurring occurring can be subject to the market so um they do count towards Prop 123, so I wouldn't discount it entirely, but uh okay, it's a good start.
Yeah, all right, thank you.
All right, other questions?
Go ahead, council collar.
Thank you.
Um so for anyone interested in having an ADU like this.
Are they gonna be required to pay a separate three-quarter inch tap fee and have separate electrical run to it?
Um at least like that.
That's a great question.
And no.
Um we do not require um now.
They might have to have a water line run to it if it's outside, you know, it's okay.
Um not part of the existing structure, but we do not require a tap fee for ADUs.
So they're able to just pull all the utilities from the main structure.
Okay, that's good to know.
That's a bit of a saving set.
I didn't even I thought they would have had to have a separate tap, or at least that was my understanding.
So that's good.
Yeah.
Other questions or a motion to approve ordinance.
I gotta get back to it.
Ordinance 18, 2026.
So move second.
Okay, we got a motion and second.
All in favor, say aye.
All opposed, say no.
All right, motion carries.
All right, we'll go on to our next item, which is another public hearing.
This is uh really uh following our study session that we had on this particular topic.
This is item 2026 248 public hearing and ordinance of the town council, the town of Erie repealing and reenacting section 913 of the URI municipal code to adopt the 2026 edition of the National Electric Code with amendments repealing and reenacting section 914 of the URI municipal code to adopt a 2024 edition of the International Energy Conservation Code with amendments and repealing and reenacting sections 919 of the URI municipal code to adopt the 2024 edition of the International Fire Code with amendments and setting forth penalties for violations thereof.
That was a mouthful.
Can you repeat that?
No.
I'll turn it over to Joel Champion, who's the chief building official.
Good evening, Ms.
Mirror, uh town council.
My name is Joel Champagne.
I'm chief building official here at the town.
Um tonight I'm here to present an ordinance to adopt updated electrical energy fire codes along with the local amendments to ensure they align with the town of Erie's needs.
Um this request is to repeal and replace three sections of Title IX of the municipal code, section nine-one-three to adopt uh 2026 National Electrical Code, Section 9-1-4 to adopt the 2024 International Energy Conservation Code and Section 9-1-9 to adopt the 2024 International Fire Code.
Each of these includes amendments to address conditions and uh local conditions and improve clarity for enforcement.
I'm gonna pause you for a second and just make sure the hearing is open.
Which I always forget to say, but I'm officially saying it.
Sorry.
All right.
I'll walk you through a brief over uh background, outline the proposal, and then explain how this supports the town's broader goals before asking for your consideration.
Updating these codes ensures Erie stays aligned with the most current safety and sustainability standards.
This is particularly important as the town continues to prioritize energy efficiency and greenhouse gas reduction.
Additionally, beginning July 1st, 2026, the state requires that any jurisdiction updating building codes must adopt the model low energy conservation code or something more stringent.
This proposal positions us to be ready for that transition.
Staff is recommending the adoption of the 2024 energy conservation codes while retaining the electric ready, EV ready, solar ready provisions already required by the state.
We've also included a small package package of amendments.
Uh includes that includes some electric preferred provisions, reduce enforcement complexity and provide clarity to builders and designers.
We also propose adoption of the 2026 National Electric Code to stay aligned with the state's requirements and the 2024 International Fire Code, which aligns with the standards already adopted by Mountain View Fire Protection District.
Overall, this approach balances progress and practical implementation.
This ordinance supports several key outcomes.
It advances towns the town's sustainability goals, it ensures new construction, it is prepared for electrification and renewable energy.
Uh whether at this the state or the regional level, in short, this is just a strategic first step forward rather than a reactive reactive one.
Public notice requirements have been met.
This hearing was published in the Colorado Hometown Weekly on March 25th and April 1st.
No uh neighborhood meetings or mailed notice were required.
Mayor and council, this ordinance is a measured first step forward for the town of Erie.
It keeps us in our on our current, keeps our current our codes current, supports the sustainability goals, and ensures new developments is safe, efficient, and ready for the future.
We've taken care to balance progress while with practicality, minimizing impacts to our building community while positioning the town for the upcoming state requirements.
For those reasons, the staff respect respectfully recommends approving this ordinance number 12-2026.
Thank you, and I'm happy to answer any questions.
All right.
I think we'll first see if there's anybody who signed up for public comment.
Right guilt.
I I'm sorry, I'm sure butchering that fairly good evening again.
Um general well, okay.
I have read the uh letter of the Colorado home builders to uh I think many town councils.
And uh there was something that wasn't sharp in there, they say anything that will be passed before or yeah, any or a resolution that will be passed before July.
Uh we'll avoid the more stringent uh I think it's called MCE.
The more stringent regulations that are imposed after July, if anything is uh in that direction is passed after July will be imposed by the state.
So as a general observation, of course, everybody who has been in business or has any interest in watching this.
Whenever there is a change, uh that is just part of it.
There's a big upheaval, they don't want any change of the home builders.
Uh now if we wouldn't have had the lemon laws, everybody knows those, right?
We would still have really crappy cars.
There wouldn't be any, wouldn't have been any progress if you uh wouldn't have had competition from cars from Japan, we would still drive crappy US cars.
It's just a fact.
And uh so that's how I look at this letter by the home builders.
Um and I don't understand it.
And you're saying which is kind of like in preparation of the adoption of the more stringent ones.
I don't understand why we don't adopt uh the more stringent ones to begin with, and the home builders will be able to deal with it.
Resolute uh solutions will be found that they can still make a profit, and the uh owners, the future owners of those homes, just like the owners in the uh uh Springhill development, for instance, will not have to uh uh hold the bag when the energy costs go up and they live in houses with substandard or not the best insulation, for instance.
Uh it's funny that just this morning, and I'm not making that up.
I was talking to a drug driver quite lengthy.
He bought his first house in his late 40s last year, uh around here.
I don't know whether it's in Erie.
And um the home builders in general, and I have bought two houses since 2014 in the US, and so I have my own experience too, and that of many other people besides this truck builder uh truck driver, home builders are producing 20 seconds bad.
How many 20?
20 seconds.
Uh product bad uh quality.
This home builder sits next to his windows and the breeze is blowing on him.
So this house was built last year.
Anyway, uh they will deal with it, and I request that the higher standards are adopted right now so that people pay less for their heating and air conditioning in the future.
All right, thank you.
That's it.
That's it.
All right.
Um, I'll bring it back to um council and can you ask any questions?
Um I know we just want to do this with the study session, but I'd like to do some follow-up.
Yes, Councilor Bairro.
Thank you.
Um I did follow up um with Ms.
Brinker, who was joined us at the table um during our discussion last week, two weeks ago.
Um I had some questions about because I'm not a code expert.
You're the code expert.
Um, but I just had some questions about um how it how what the different codes are and how it all works together.
Um and there were concerns about the uneven codes, the different years, and how those would interact and be enforceable.
Um should we make any updates to our code after that deadline?
It automatically triggers the MLE CC anyway.
Um the uneven codes, the uneven code years.
One of the I'll I'll just mention that one of the emails that council got yesterday or today, um, was talking specifically about refrigeration requirements.
And in one code versus another code, they just wouldn't align.
And so it would need to be updated anyway.
Sure.
So it's not uncommon to um adopt different different codes from different code cycles.
Uh an example of that is the National Electric Code, which we adopt every every three years.
And there are many jurisdictions that it that don't adopt their the all their codes on the three-year cycle.
So, you know, it's not uncommon that you'd be enforcing the latest national electric code, but still be on an older version of the building code.
Uh so that's kind of an example of that.
So it's it's something that's certainly not an not an issue really.
I mean, it's when people submit their plans, they just mark on their plans these are the codes that we're building under, and they'll just call it out.
And um, and that's what we review too.
So it's it's it's not really an issue on our part.
Okay.
Um and then another um my one of my questions was around affordability, which is always was brought up during the um discussion uh that the MLEC would create um more costs to build a home.
Um and so I was asking Ms.
Brinker about that, and she mentioned that on a mortgage, it would be about six dollars a month to require the um for for a home owner for the for the mortgage payment, it would be a six dollar increase to install the more energy efficient required appliances and things.
Um you would have the the energy cost savings over time.
So the cost savings looks like it would be profit for home builders that would be protected and not necessarily the consumer protection.
Do you think that that's do you agree with that?
I don't know that there's enough data out there that that supports like how much what the difference it would be between uh uh a home built on the 2024 codes versus a home built under the model low energy carbon code or the code cohorts code just because they're so new and they're there's not enough information out there.
Uh I haven't been able to find any of that that I've been able to really pin down real numbers.
Okay.
So it's it's hard to say what the numbers are.
Okay.
Um and then the other things you brought up was the um MLEC.
Actually, I think it was the Metro Cohort model code that required uh actually stripped out the requirements for commercial development um around beneficial electrification.
So it doesn't include um having to wire, for example, for solar in a commercial building.
Um so it makes and it kind of incentivizes commercial development and um brings the cost down.
Um and I was just curious about that.
Um and then she also mentioned that those developers support the MC the MCMC uh because for that reason.
Yeah, so the requirements for um electrification, you know, pre-wiring for electrification and and uh uh electric vehicle charging stations and solar, that's all part of the state's requirements.
So those are are required in all the codes that are that are being written now.
I think what you may be talking about is the um requirements for um on-site renewables.
Maybe yeah.
I think that's what that's what's been kind of removed from these codes, and we've we've gone ahead and done the same thing in our code.
Okay.
So that's part of our amendment package.
Okay.
So we're trying to kind of model some of those um benefits.
Okay, great.
Those are my questions.
Thank you.
All right.
Anyone else questions on this?
Council Mr.
Pets from LA.
Yeah, so uh two questions.
One is um what happens if we stay with the existing code?
That's a possibility, of course.
Um there's the one of the main reasons we're doing this is the stay in line with the sustainability goals to update the code every three years.
And so that's one of the reasons we've come forward with this.
So there is there's we can certainly stay on this current edition as well.
And by when do we need to update like in three years?
There's no there's no requirement for updating the code.
So you know, if we were to stay on this current version of the code, I would probably recommend staying there until the 2027 codes um are published, and then we can update the entire um suite of codes.
Yeah, I I have a feeling like we can buy some time and understand this in more depth.
Because there is recommendations from the home builder association, which would be you know, like tilting in one way or other, and not in the best interest of the consumers.
Um like you said, there is probably no.
I think between the 2021 and the 2024 um uh elect is it the electrical energy code, sorry, my brain.
Um between those two codes, there are a few differences that are actually more beneficial to um in terms of construction, there's actually a cost savings.
So and which results in a little bit of cost savings for building.
So cost saving for the builder or the consumer cost savings for construction.
And so it could, you know, you tell me if usually it's the market that the prices.
So uh the question was from um sustainability.
Do you prefer upgrading or lexting with the old core?
Um what benefits do we get or not yet?
I have a feeling I need so so I guess if you're looking towards you know the benefits of one or the other, if um if we update to the 2024 codes, not only is there a cost savings for whoever's building the homes, but there is an increase in efficiency as well that comes along with that, and that's a documented increase.
So you're probably looking at a seven ten seven to ten percent increase in energy efficiency.
So there it you know, there is that added benefit to it.
So um, and as far as my preference, um I I really don't have one.
I mean, you know, the the codes are written by the same organization, so it's just a matter of uh the same the references are are the same.
You know, it's just finding the inform it's easier to find the information and use the information.
We're all trained on that, so there's no additional training needed.
Um so with reference to that, there's no no favor, you know.
I have favorite.
Okay.
Oh, go ahead, council.
Just real quick.
Um I guess I would just like to say I agreed with some of councilmember's questions and concerns because I read through some emails that we were we're provided and it did raise concerns.
So um don't know if we're rushing this or not, but um I have to defer to all the engineers and in-house and out of house.
So I'm not I'm not quite sure we're sure how to how to go on this one.
But um I didn't have time to really read and digest some of the information that I've received today.
So it came in late, but so we are looking forward to having our when we are able to get our um our consultant the build for the building electrification, and we are gonna be working together with them, our sustainability group and building to map out and implementation for all of our codes in the in the next few years so that we're looking at how are we ramping up, what are the skill sets, what are the um needs within the department, and then um mapping out a timeline for adoption.
And certainly we know that there are all of the requirements um from the state that we need to be looking at.
So that's our next step after this.
So I don't want you to think that we're gonna sit still on an old code for several years.
We're gonna be mapping out a process for getting to the next level.
So at a higher level, what do we gain and what do we what do we gain by approving this?
And what do we lose if we don't?
Yeah, like I said before, um, we're reducing costs of building building costs, upfront costs, and uh increasing efficiency, so that's what we gain.
We don't lose anything by doing it.
I mean it it's okay.
You know, it's I mean we can stay on the code we're at now, but we'll we would lose that additional efficiency and we would lose that cost reduction in building costs.
So I think it's a I mean updating now is probably a a good time to do it and get those gains and then have that map out map out that future uh updates and a plan going forward for the next few updates.
That way we have a target and we'll uh we'll have a path to get there.
Okay, I I the way whoops, I'm sorry, go ahead, Councilmember Connor.
So I didn't really um I didn't really take into account the builder's letter feedback.
I was looking at this more from what the staff request was.
map out map out that future uh updates and a plan going forward for the next few updates that way we have a target and we'll uh we'll have a path to get there okay I I the way I oops I'm sorry go ahead council cutter so I didn't really um I didn't really take into account the builder's letter feedback I was looking at this more from what the staff request was can you briefly walk us through what it's gonna look like for staff to um be able to uh basically once the codes either M L E C C or M C M C are adopted like what does it look like for staff to become familiar with it and train for it and yeah I think that's kind of the one of the reasons why we're recommending the um 24 International Energy Conservation codes um we will it will take us time to get familiar with with these new codes and um how they're written and you know the the additional language that's in them and kind of try to figure out like um how we're gonna enforce it.
There's also um the issues with the um compliance software that um builders or developers or designers currently use that's available for the 2024 energy code versus the ML ECC and the cohorts code I don't think that compliance software is developed yet so it may take some time before that's available.
So without that that's kind of leaves us kind of guessing and just making up numbers like you have to meet at least this much better than what the code requires so it's kind of a a guessing game on our part um what the compliance will be without the compliance software.
So those are kind of the things that are restricting us from you know jumping in at this point.
Any thoughts on need for staff increase to in the in the future for just specifically dealing with this yeah there is I think there will be need for that um or somebody more specialized in that field uh currently we don't have anyone that really is special that specializes in energy code um enforcement and and and reviews and that kind of thing so I think that definitely gonna be something we'd have to look at you know almost right now you know and right now to get somebody on board so any new staff we would bring on I think that would be like a highly preferred person that really understands the energy codes and and can um jump in and help out with uh developing you know review processes and inspection processes and that kind of thing thank you okay I think everybody's had a uh at the apple except for me um oh I'm sorry did you have a well that we one more bite and then everybody gets one more byte well I apologize I just made Councilmember O'Connor's question made me think of the you know the um oh what are they calling it PACO the PACO grant that we've gotten Powerhead Colorado the building decarbonization grant from Dr.
Cog um and I know that we were awarded 600 grant and I I see Erica in the back of the room I know she's an expert on it but I know that that's something we can use toward training um and I'm curious if we're able to use that those funds if we adapt um you know these codes are we able to use those funds for training to for staff for that increased capability or do is there a requirement to adopt something else to be able to utilize those funds for training I don't know.
I think Erica would speak better to that but I believe it's it would be available for for both any kind of training and staffing issues that we are we would have.
Do we already have that grant um I think I think we signed the papers for it.
I think Erica mentioned that last a couple weeks ago sorry to pull you up from the back of the room yeah so we have a kickoff for that grant and I believe it's next week Erica can you just state your name Erica Thorley a sustainability division manager with the town of Erie we were awarded 6000 from the BPC grant from Dr.
Cog and um the majority of that is for the in-house consultant that uh Joel and Sarah have mentioned um who will also be supporting these conversations um but then there's a big chunk I believe it's 40,000 or so for training um for those almost four years and um part of that grant was exploring what an all electric or net zero code would look like for the town um into over the next few years.
Um, and even our neighbors that have made an all-electric code um adoption, there's exemptions, you know, which is an important piece of that right now.
Is that answer your question?
So I yeah, we have to explore it.
We don't have to commit.
We're not disqualifying ourselves from any of that and any of those intentions one way or the other.
No, I have not heard anything along those lines.
Okay, great.
Thank you.
All right, I don't see if anybody uh song council has any further comments.
You're full.
All right.
So um the study session helped me greatly.
Um the HBA um letter had no influence on me.
This is a staff recommendation, it's an incremental step.
We'll eventually get further down the road on other code when we're ready to get there.
So I'm I'm cool with that.
There were um some clerical errors in the current code.
And so um, I'm gonna first start to see if someone will make the motion to correct the Shrivener's errors.
Say it for me, please.
Scrivener scrivener's error.
Scrivener's error.
Um, and then we'll if we get through that, then we'll see if there's a motion to approve.
And you also need to close and you also need to close the public comment portion.
And the public comment is now closed.
Thank you.
The public hearing is closed.
Okay.
Uh I move to amend ordinance number 12 2026 to correct the scrivener's error as follows.
On page two in section two, the proposed section 914, sub chubsection B3, creating a section C 111.1.1, change the two references from C410 to appendix C B on that same page and proposed section, creating a section C 111.1.2.
Change two, change the two references from C410 to appendix C B on page three, the same proposed section, C 11.1.2, change the two references from C410 to appendix C B.
All right, we have a motion.
Do we have a second?
Second.
All right, motion second.
All in favor, say aye.
Aye.
All opposed, say no.
All right, so we've got the amended um ordinance at this point.
Now I'll see if there's a motion to approve the amended ordinance 012 2026.
Motion to approve the amended motion or amended motion.
Ordinance.
Ordinance, sorry.
One of those, we'll get it.
Do we have a second?
Second.
All right, we have a motion, second, any further discussion.
All in favor, say aye.
Aye.
All opposed, say no.
Motion carries.
We'll update the code in this incremental step as we go forward.
Thank you.
Okay, we're gonna move on to uh the agenda item that was added at the beginning of the meeting to um talk about the Erie Seniors um uh parade celebration.
Um, for those that have uh stayed with us all evening, um, thank you to watch our process on many other things as we uh get to this point.
Um, our um acting town manager uh Meredith Moose sent over a note to us um shortly before the council on just what would need to happen if we if council directed um staff to try to move forward.
I think the challenge for many of us up here is we're bringing being brought into this now.
We know this is coming up.
Um we know there were new requirements if I'm understanding this right, so I'm looking for staff to um correct me if I'm wrong with the summary, but there were new requirements, 90 days to get a permit.
It appears through some communications that that was attempted, and then whatever bumps, new process, whatever it was that didn't actually get through the process.
Yeah, actually, if you guys I think if you want to come up or whoever leads just to help, because I want to make sure we do this and um whatever we direct, we uh we direct right in chief.
We may have questions for you too.
So in the timeline of things, um the 90 day the 90 days.
So I feel like thank you so much for letting me come back up here.
Um I mean, I feel like I started the ball well before the 90 days without any notice or communication that there was a new plan put in place that a permit was required.
Just on my own in my conversation with the previous chief, she had asked me to start sooner.
So I was just trying to be proactive, trying to come up with a safer alternative, and just get the ball rolling, lock and mom view fire just because they're busy.
So I got this all started way before the 90 days, but had no idea until April 1st when I was contacted by Uri PD and was even informed that this was a thing.
So I mean, that was already in the 90 days at that point.
Okay.
And then the other information I think we got from staff is what we're really trying to balance is safety.
One of the challenges is Erie grows is there's more traffic on county line, there's more traffic on uh Erie Parkway.
And somehow if we keep doing what we did when we were 10,000 people, 20,000 people, at some point it becomes you know, not maybe viable because of the safety pieces.
At the same time, I don't want to um just say we're done and that's it, because is there some way to allow this to happen and then we can figure out what the right thing is later.
And so Meredith, I guess I want to kind of go over to you and you know, ask you is there a way to get this to be a uh continuing thing this year to buy us time until we can figure out.
Yeah, I will say it sounds like we have some issues with our permitting, and we apologize for that.
Um I would ask everyone on both sides to assume good intent.
Everyone's trying to do their jobs or volunteer and get whatever needs to get done done.
Um and I will work with staff on the permitting.
Um I do understand that someone was reached out to you know to let people know that there was um a new process for 90 days.
We will make sure that is fixed and clarified in the future.
I was gonna say no one ever communicated anything.
And I was well in contact with ton of eerie and view.
Yeah.
All of that said, um, if you want to direct us to move forward with trying to get something done, there are some very bare minimums that staff would require moving forward for this year.
Um, and that would include a different route.
Um we simply do not have police staff available to help do rolling closures for an event like this, so we'd look for a different route.
Um there's real safety concerns last year with kids hanging out of cars, um, being in the back of trucks, that type of thing that I know the police department had concerns with.
So we would actually ask that everybody follow all traffic rules, which means stopping at stop signs, you know, all of those things, which I know no 18-year-old kid wants to be told when they're doing something fun, but we were really had some concerns about safety.
Um happy to work with you on all of that.
Um and then the the third issue would be a liability uh issue for us.
We require events to have liability insurance, so we can work with you on, I don't know if the booster club or the school or whoever could help with that.
But those would kind of be the bare minimums we would look for, but we would be happy to work with.
Which I'm totally, I mean, I think that was originally my plan is that we maybe we did need to modify the route to you know address some of the concerns for Ari PD.
And I kind of was like, if we do get the permit, then maybe we just go to the route, the like the homecoming parade, you you know, like one that everyone feels pretty comfortable with, it's pretty standard.
You start at the middle school, you work your way up, and maybe that's just it, and it doesn't then continue up through call years and back up to the high school.
It's always lined with people and stuff, but I mean I'm totally flexible to talk the route with.
Yeah, I mean, I'm just saying we're flexible.
So I don't want to get into the details tonight, but I do want to see if there's support from council to um direct staff to work with all of you to see if we can't come up with something that's workable.
Um, and then for next year, we really stake a bigger step back and to say, okay, what is right for our community?
I think this is that balance between the small town feel that we all love, and that the survey after survey after survey says we want to preserve.
But as we grow, it becomes harder to preserve that, and it's kind of a balance there.
Um I feel like we've been really fortunate.
Erie Boosters has actually stepped up and offered to sponsor us and cover the insurance because obviously as a volunteer parent.
Sure.
That's well out of my scope.
But Uri Boosters has offered to cover that.
I've already provided a detailed plan with Mom View Fire as far as problem areas and everything.
So that's kind of actually got done back in February, which I understand we'll need.
I'm just saying, like I'm in it.
Whatever we need to do, I'd love to see anything.
The booster club carries insurance already.
So we would just need to get you all uh COI.
Um I do have that if there is support on council to do this.
So let me do this.
Let me bring it back to council for clarifying questions, and then we'll see if we've got enough support to do this.
Yeah, council councilman Bear.
Yeah, thanks.
Um, I appreciate that this is a different process than has been you've experienced in the past.
Um I've had three graduating seniors, so I understand it's a lot.
Um just there's so much, there's so many things, right?
All of all of the different banquets and posters and all the things.
Um I I think what I'm missing here is the student's voice.
Um, you know, I it's really important to me of that we are amplifying and elevating, you know, what they want.
And um, and so I hope that they can be incorporated in the process, and even as I'm listening to and thinking through this whole thing, um, I think that that may be a way to ensure continuity because um certainly you who don't even have you don't have a senior this year, just volunteering my time.
Um but that I think that could be a way to ensure we have that continuity of process is that we can empower the kiddos to um you know make sure that in December they reach out about the um permitting process and they know who um at the in the class is going to take that on, whether that's through student government or you know, those National Honor Society kids are super good at making sure they fill out forms and everything.
So I I would love to see that happen and just that empowering piece, and then um also I I um want to recognize how important it is to honor the the PD's recommendations because they're ultimately trying to keep us safe and trying to keep the kids safe.
And so I appreciate that there's insurance, that's I feel like the hugest hurdle.
Um then just communication with the kids themselves.
Um and then also this would enable and empower the kids to say, you know what, we don't want a parade, we want to do the this other thing, and and to they would get to it would get to look like the way and to um incorporate sort of a camaraderie and collaboration with the police department, I think could be great.
Um so those are some thoughts I've had over the last couple days.
Um I I'm fully supportive of um you know ensuring that staff can work with Erie High School to come up with something that works for the kids.
Um but I think moving forward, we've identified some hurdles that we need to get over, and and I just had some ideas about that.
So those are my thoughts.
Okay, does anybody disagree um with supporting getting everybody together to see if we can work this out?
Let me just ask that.
Okay, we're good.
All right.
Any other comments?
Question Councilman Mortalera.
Yeah, I kind of like to echo some of uh council member Bear's comment um that getting the student government involved in the other casing.
I think it's really important um that with this short time schedule that BPD and staff doesn't carry a great deal of the burden, so whatever can be helped by and and I really appreciate you guys stay hanging in there with us tonight.
It's a late night um on on this you know school night.
Um but the whatever burden can be lifted off by the students or or I hate to ask more from you guys, yeah, but from you as well uh to help make this process go smoothly um you know for for everybody and and to keep it ultimately safe.
And I think to your point, education and communication with all the participants is really important.
You really can't have kids hanging out in cars and stuff like that, and that only puts increased burden um on the safety concerns and and things like that.
So really important to get the communication um to all the participants out there that they could be risking future um events if this doesn't go well, right?
If we're making an exception and and you know push this through it and everybody takes on a bigger burden, and then something goes wrong, it's really gonna put a tough burden on us to approve future events like this.
So um please please carry that message okay.
I think we've got we've got agreement.
I just one question, then I'll wrap it up here.
Sorry.
No, it's okay.
I I just think it's important to kind of address I totally understand the safety concerns.
I'm I'm curious how we have a parade that's appropriately meeting safety with everybody in their vehicles with seatbelts and stop signs, like I just a normal parade, right?
You might have floats with people on them, and usually they're distributing candy or something.
And so while I want to be respectful of that, I'm also curious.
What that looks like.
Like something is a where the street is fully closed.
There's barricades at every intersection.
Nobody, no cars can get through.
The difference here is it's a rolling parade.
And we don't have the ability to have a rolling stop at every intersection to keep traffic from coming through.
But we're happy to work with you and the police department.
And I'm not being argumentated.
We can have this one after that.
Just because of the direction.
I want you guys to have this conversation, but I want you to be able to have it with staff and the police and to work it out because we're not going to solve all those details here tonight.
I I appreciate you hanging out this this long.
It's kind of to have the conversation.
Yeah, no problem.
Thank you for letting us come and talk to you guys.
I appreciate it.
All right, wonderful.
I'm gonna bring it back to council.
Um and we will um go through the last thing, which is uh council member reports and announcements.
Uh anybody like to start?
How about Councilmember Hobak?
Anything to I'll start, it's too damn late.
Go ahead.
I just want to mention that Erie B is uh now up.
Uh you can download the application.
You can start scheduling rides that start on April 21st.
So this is a free service.
Uh that is a ride share type service within Erie.
Um so and through a grant with the uh Denver Regional Uh Council and Government.
So you know that let's see how that hope that goes great.
Um, you know, for for future opportunities, and hopefully it's a huge benefit for for our residents.
All right.
Great.
Let's move here.
Yep, so excited.
I downloaded the app.
You can find it.
The Erie B on Apple's on the um Apple Apple store, right?
Is that what it's called?
App Store.
Yeah, absolutely.
The app store and then also Google Play.
Um, and then you have to register, so get that done before you want to take a ride anywhere.
But so excited.
Um I just wanted to thank staff, our transportation staff hosted a bike tour and planning workshop last week, and it was um so great to ride a bike on the new um separated bike lane that's right on County Line Road, and just kind of wandered around town with then looked at um future plans, so that was really great.
And then um wanted to highlight that joint service and front range passenger rail um panels are happening now at the East Boulder Rec Center tomorrow evening from 6 to 7:30, and then Westminster on the 29th at City Hall at the same time.
Um then the discussion of mineral rights sale is scheduled for our next meeting, which will begin at 6 p.m.
at the Erie Rec Center.
I wanted to highlight that it won't be here at town hall.
Um I'm just that has not yet quite been determined.
There may be a change in that.
So we may be changing.
We may be changing that, so keep an eye out.
We're gonna figure that out tomorrow.
Disregard.
Um sorry for the confusion.
No news for me too.
Um, and then other than that, just keep your good dogs on a leash and enjoy the rain.
All right.
I have nothing tonight, so yeah.
Councilmember.
I'll I'll just make a quick plug for um on April 25th from 10 a.m.
to 1 p.m.
is the annual Town of Erie Arbor Day Earth Day event.
Uh this event will be held at the Erie Community Park at the post shelter near the skate park.
Uh there'll be four 41, at least 41 exhibitors there, giveaways, uh, separate drawings for trees, rain barrels, and more, food trucks, kids' activities, and much more.
This event will be held rain, snow, or shine, but moved inside the Erie community library if the weather turns bad, which it did a few years ago, but it still was a successful event.
So I encourage residents to come and attend and maybe winter tree or rain barrel or do a rain dance for some rain.
I don't know.
I don't know what to hope for, right?
Because bad weather means pr precipitation, and there's a positive thing to that right now.
Totally over that.
But yes, there's a backup for it though.
So yeah, awesome.
I don't know anything.
All right, and I'll uh spare us any more time tonight.
I will adjourn the meeting.
Thank you.
Erie Town Council Meeting Summary – April 14, 2026
The Erie Town Council met on April 14, 2026, at 1:30 PM (MDT) to consider a consent agenda, public hearings, and other business. Key actions included approval of the Spring Hill Preliminary Plat, adoption of updated building and energy codes, and a discussion on the Erie Senior Parade. The meeting lasted approximately 3.5 hours.
Consent Calendar
- The council approved the consent agenda unanimously, including: approval of March 10, 2026, March 24, 2026, and April 7, 2026 meeting minutes; proclamations for Child Abuse Prevention Month, Crime Victims Rights Week, and National Admin Professionals Day; intergovernmental agreements for the Coal Creek Gap Project; construction contracts for HVAC replacement, 2026 street maintenance, and design services for the North Water Reclamation Facility; purchase of real property; ordinances prohibiting graywater systems and regulating excavation in public rights-of-way; and amendments to agreements for modular buildings, drainage improvements, and construction management services.
Public Comments & Testimony
- Adrian Hillary (Erie resident, volunteer parade organizer) requested a waiver of the new 90-day permit requirement for the Erie Senior Parade, stating she started planning in February but was not informed of the permit requirement until April 1. She noted that Mountain View Fire Rescue had initially agreed to support but later withdrew.
- Kate Arnold (Erie High School Booster Club Vice President) expressed concern that the town administration has become adversarial toward volunteers, citing increasing red tape for traditions like the homecoming parade and student send-offs. She urged the council to streamline processes and foster collaboration between departments.
- Shannon (community member) reported positive discussions with the Erie Police Department regarding community safety and trust-building with families of color. She called for a proclamation affirming public safety for all residents, to be brought forward on April 21, and requested language accessibility at meetings.
- Ben Reichert (Erie resident) criticized the quality of recent road improvement projects, asking the town to ensure contractor accountability.
- Amy Hettlinger (Erie resident) supported the senior parade and asked for a one-time waiver of the 90-day requirement, also suggesting moving homecoming to Thursday to allow football players to participate.
- Mary Lou Lambert (Morgan Hill resident) expressed concerns about water, traffic, and the proposed roundabout at Highway 52 and County Road 3 for the Spring Hill development.
- Troy Tyus (Morgan Hill resident) opposed the Spring Hill development due to timing, citing other unfinished developments and water concerns.
- Chris Neves (resident on Highway 52) highlighted congestion and urged coordination among Erie, Frederick, Weld County, and CDOT for improvements to Highway 52.
- Brianna Kukta (Canyon Creek resident) spoke in favor of the Canyon Creek PD Amendment, citing walkability benefits.
- Lunel Gilliand (Erie resident) opposed the amendment, citing traffic safety for children walking to school and proximity to the existing Erie Town Center.
- Jeremy Tabor (Erie resident) strongly opposed the amendment, citing light, noise, and traffic impacts on adjacent homes, and urged the council to reject it.
- Chris Joseph (online) opposed the amendment, citing impacts on his backyard and questioning the viability of small commercial in that location.
- Winfred Reichelt (general comment) urged adoption of stricter energy codes to benefit future homeowners.
Discussion Items
- Spring Hill Preliminary Plat (Public Hearing) – The applicant (John Prestwich, PCS Group) presented a plan for 632 residential lots on 300 acres north of Morgan Hill, with 162 acres of open space, a school site, and a roundabout at Highway 52 and County Road 3. Council questions focused on water availability, traffic impacts, the roundabout, and oil and gas well remediation. Staff confirmed that water allocation is a separate macro issue and that the project would not create immediate water obligations. The council approved the plat (Resolution 26079) with conditions requiring documentation of plugged oil and gas wells and compliance with setbacks.
- Canyon Creek PD Amendment #11 (Public Hearing) – The applicant (Dominic Schwartz, Emerald Development) requested a zoning change from residential to limited commercial on a 1.8-acre parcel at Erie Parkway and Miller Street. Council members expressed concerns about pedestrian safety, noise, light, operating hours, and the uncertainty of future tenants. Several members noted that the site is better suited for residential or that the surrounding Erie Town Center already provides commercial services. The council did not make a motion to approve; the amendment failed to advance.
- Manufactured Homes as ADUs (Ordinance) – Staff presented an ordinance to allow manufactured homes as accessory dwelling units (ADUs) to align with state and federal law. Council discussed the impact on short-term rental regulations and affordable housing goals. The ordinance was adopted unanimously.
- National Electric Code, Energy Code, Fire Code Adoption (Ordinance) – Staff proposed adopting the 2026 National Electric Code, 2024 International Energy Conservation Code, and 2024 International Fire Code, with local amendments. Council members debated the timing and stringency, with some expressing concern about building costs. The council voted to adopt the amended ordinance, which includes a correction of scrivener's errors.
- Erie Senior Parade (Added Agenda Item) – After public comments from volunteers and parents, the council discussed the parade's future. Council members expressed support for working with organizers to find a safe route and obtain insurance, while directing staff to facilitate a solution for this year. No formal vote was taken; the council directed staff to collaborate with the organizers and the school.
Key Outcomes
- Approved (unanimous): Consent agenda, Spring Hill Preliminary Plat (Resolution 26079), Manufactured Homes ADU Ordinance (Ordinance 18-2026), and Building/Fire Codes Ordinance (Ordinance 12-2026, as amended).
- Failed (no motion): Canyon Creek PD Amendment #11 – the council did not bring the item to a vote, effectively denying the request.
- Directed staff: To work with the Erie Senior Parade organizers, the Erie Boosters, and the police department to permit a modified parade route this year, with liability insurance and safety measures. The council also asked that students be involved in future planning.
- Next steps: Staff will report back on the parade arrangement; the council will consider a proclamation on public safety for communities of color at the April 21, 2026 meeting.
Meeting Transcript
I pledge a motion to the flag of the United States or Justice Carol. Okay, well, the town clerk please take roll. Councilmember Hoback. Here. Councilmember Mortalero. Here. Councilmember Pesamarelli. Present. Mayor Pro Tembell. Here. Councilmember Baer. Present. Councilmember O'Connor. Present. And Mayor Moore. Here. Mayor, you have a quorum. All right. Thank you. Before I ask for approval of the agenda, I'd like to add one item tonight, and that would be at the end of general business to discuss the Erie homecoming parade and kind of late information that we all received today. So with that one add, I'll see if there's a motion to approve the agenda. Clarification. Do you do you mean the senior parade? The senior parade. Yes. Motion to amend the agenda is noted. Or motion to accept the amended agenda is noted. All right. We have a motion and second. All in favor, say aye. Aye. Aye. All opposed, say no. All right. We have numerous items on the consent agenda tonight, so please bear with me as I go through them. First item is 2026-269, approval of the March 10th, 2026 Town Council meeting minutes. Item 2026-270, approval of the March 24th, 2026 Town Council meeting minutes. Item 2026-273, approval the April 7th, 2026 Town Council special meeting minutes. Item 2026-23, Child Abuse Prevention Month, Crime Victims Rights Week proclamation, sponsoring members Emily Bear and Brian O'Connor. Item 2026-271, the National Admin Professionals Day Proclamation sponsored by Councilmember O'Connor and Councilmember Passar Amelli. Item 2026-5, a resolution of the town council of the town of Erie approving an intergovernmental agreement with Boulder County and Mile High Flood Control District for design and construction of drainage and flood control improvements for the Coal Creek Gap Project. Item 2026 137, a resolution of the town council of the town of Erie approving a construction contract with Longview Heating and Air LLC for HVAC replacement for the Northwater Reclamation Facility. Dewatering building. P23-329A. Item 2026 190, a resolution of the Town Council of Town of Erie approving a construction contract with Asphalt Specialties Company Incorporated for the 2026 street maintenance phase one. Item 2026 204, an ordinance of the town council of town of Erie approving the purchase of a real property from Moon Imba, Chung Hante and approving the associated purchase and sale agreement. Item 2026 212, an ordinance of the town council of the town of Erie prohibiting the installation and use of graywater systems pursuant to House Bill 241362. Item 2026 213, a resolution of the town council of the town of Erie approving an agreement for design services with HDR Incorporated for the North Water Reclamation Facility Improvements Project. Item 2026 227, First Amendment to the General Services Agreement with Eagle Creek Modular Solutions Incorporated for the laws modular building. Item 2026 233, a resolution of the town council of the town of Erie approving the Eighth Amendment to the agreement for the final design right-of-way acquisition and construction of the drainage and flood control improvements for Coal Creek from County Line Road to Kenosha Road with the Urban Drainage and Flood Control District, DBA Mile High Flood District.
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