OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Lafayette Planning Commission Rezoning and Silo Subdivision Update - June 11, 2025

Meeting PortalWednesday, June 11, 2025
BodyLafayette, Colorado
SessionMeeting Portal
DateWednesday, June 11, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:03

Voting on the application consistent with due process requirements.

0:06

If so, please describe the situation and recuse yourself from further participation on this agenda item.

0:12

All right.

0:12

Does any commission member have a conflict of interest or any other closed prior to proceeding on this item?

0:19

All right, go ahead.

0:20

Commission will now hear from city planning staff.

0:23

Good evening, Chair, Commissioners.

0:25

As stated tonight's a uh rezoning request for lot 1A of the West Ridge filing number one replat a cutting that now.

0:35

Brief uh agenda, I'll do a quick introduction, followed by an analysis, public testimony, any questions planning commission may have discussion, and finally a motion.

0:47

So this is an unaddressed property uh south of the intersection.

0:51

Oh, I'm forgetting the trail name now of Aspen Ridge and uh I'm forgetting it.

0:58

What was it?

0:59

Is it timber timber trail?

1:00

Thank you.

1:01

2.89 acre property, it is currently zoned uh transitional business district, and the proposal is for the public district.

1:10

This is a city owned property.

1:13

A little background, uh kind of in roughly chronological order.

1:17

City purchased this in 2017 for a potential water treatment facility in 2019 IGA with Erie, the parties agreed to find a suitable location for Erie to locate a water storage facility.

1:31

A recent sighting study by the city of Lafayette concluded that the size of the property is not sufficient for the treatment facility.

1:39

A similar study by Erie concluded that the site and more almost more importantly, the elevation of the site relative to the nine mile development is suitable for their needs.

1:50

Um sorry, I left that second one in there when I was rearranging.

1:55

And then lastly, the purchase and sale agreement uh was agreed to on at the May 27th City Council meeting.

2:03

So a little comparison between the two zone districts.

2:06

Uh the transitional business district has setbacks on this street, it would be a 35 foot front setback, 15 foot side, 25 foot rear.

2:15

The public district has no setbacks, but it's worth noting that there is a 30 foot wide utility easement along the west side of the property where it's adjacent to residential.

2:26

So that's would be the effective setback in either district.

2:30

Uh, and there's also a 10 foot setback along Aspen Ridge.

2:34

Height limit is a slightly different, 27 feet for the uh transitional district and 35 for the public.

2:42

It's also worth noting that based on early studies for the water storage facility, it's supposed to be at grade or below.

2:49

It's maybe just a pertinences above it, but they're still preliminary, so that could change a little bit, but that's the information we have now.

2:57

Uh ownership or more potential land uses in the transitional district.

3:02

There was uh 51 total uses that were allowed either by right or by a special use review versus 40 in the public district.

3:11

And a lot of the one some of the the uses that are allowed in the transitional that aren't allowed in the public are kind of the more intensive uses, retail under 20,000 square feet, restaurants, hotels, commercial greenhouse, personal services, indoor amusement entertainment, things like that.

3:28

And then there's some kind of odd uses in the public, like auto repair, but that's more for like a streets maintenance facility for a city facility.

3:35

So there are some kind of at what seem to be at first blush, maybe unusual uses like daycares are allowed there, conceivably the city could operate a daycare.

3:46

So that's kind of the overview of the different uses.

3:49

They do represent different types of ownership.

3:51

Uh transitional is private, or it can be private, and a public district is a governmental ownership.

3:58

And then in both districts, obviously, and and regardless of who owns it, any future development does require city review.

4:08

So our development code essentially states that to rezone a property, one of the four criteria here have to be met.

4:15

The first one is the land to be rezoned was initially zoned in air, or uh the rezonings of the technical or corrective nature.

4:22

That one is not the case.

4:23

I'm gonna skip B because that's what we landed on, and we're gonna go over that in the next slide.

4:27

The rezoning is necessary to conform to the Lafayette comprehensive plan.

4:31

That's not applicable, and then lastly, the rezoning is necessary to provide land for a community related use that was not anticipated at the time of adoption of the comprehensive plan, but which use is generally consistent with the policies and goals of said plan.

4:45

And that's also not accurate.

4:47

We didn't we you know when we adopted the current comprehensive plan, we already owned the property and we thought it was going to be used for a utility use.

4:55

So we did find that criterion B was met.

5:16

So we found that the future conveyance conveyance of the property to Erie is a changing condition, and we felt that the rezoning to a public district that ensures the property will be developed for a public purpose and also limits the development outcomes, serves the public interest and is reasonably necessary in the promotion of public health safety or welfare, and it also encourages that it be developed in a specific way for public purposes.

5:42

So that was our finding.

5:45

Next steps, you guys get to make a recommendation.

5:48

First reading is at next week at the June 17th City Council meeting.

5:52

Second reading at a subsequent city council meeting.

6:01

No first.

6:03

And now I'm ready for questions.

6:10

I see the look in Frank's eyes.

6:14

Where to begin?

6:17

So this property is Erie going to actually annex it after they purchase it.

6:25

No, it'll be a city property.

6:26

City property, and then that would be like anybody else buying a city property.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████56%
Water And Wastewater Management██████████12%
Engineering And Infrastructure██████7%
Trail Connectivity███4%
Land Use Code Update███4%
Intergovernmental Agreements███4%
Lighting Regulations███4%
Accessory Dwelling Units██3%
Transportation Safety██3%
Summary of Proceedings

Lafayette Planning Commission Rezoning and Silo Subdivision Update - June 11, 2025

The Lafayette Planning Commission met on June 11, 2025, to consider a rezoning request for a city-owned property to facilitate its sale to the Town of Erie, receive updates on the Silo subdivision sketch plan, and discuss various planning matters. The commission voted to recommend the rezoning with a condition restricting the maximum building height.

Public Comments & Testimony

  • No public testimony was formally presented. Staff confirmed no formal letters or inquiries were received regarding the rezoning. One individual initially expressed concerns about the intensity of the proposed use but formally withdrew the comments after the hearing's purpose was clarified.

Discussion Items

Rezoning of Lot 1A (West Ridge) to Public District

  • Staff requested approval to rezone a 2.89-acre city-owned property located south of Aspen Ridge and Timber Trail from Transitional Business (T1) to Public District. This rezoning is a condition of the city's May 27, 2025, Purchase and Sale Agreement with the Town of Erie, which will use the site for a water storage facility serving the Nine Mile development. Staff justified the rezoning under criterion B (changing conditions/public interest).
  • The discussion centered heavily on the difference in height limits: 27 feet in the current T1 zone versus 35 feet in the proposed Public zone. Commissioners expressed concerns about the potential impact of a 35-foot structure on adjacent residential properties, including blocking sunlight and views.
  • City Attorney Jake confirmed the Purchase and Sale Agreement legally restricts the property's use solely to a water storage tank.
  • The commission extensively debated attaching a condition to cap the height at 27 feet. Legal staff advised such a condition is defensible as "good zoning practice" to ensure a reasonable transition from the existing zoning.

Silo Subdivision Sketch Plan Update

  • Staff updated the commission on City Council's action regarding the Silo subdivision preliminary plan. Council approved the sketch plan with two of the four conditions recommended by the Planning Commission. The adopted conditions relate to requiring greater housing diversity and multifamily housing. Council did not adopt conditions related to preserving open space and the community-supported agriculture (CSA) program.
  • A commissioner described the developer's changes from the original plan as a "bait and switch," noting the loss of 80 net units. Staff clarified the sketch plan process allows applicants to advance without fully addressing all comments, but they must meet council's conditions during the preliminary plan review or risk disapproval. The discussion highlighted difficulties in enforcing initial marketing promises versus PUD criteria.

Open Space Advisory Committee Update

  • The committee reorganized from five members and two alternates to seven full members. A new volunteer program attracted approximately 40 volunteers who will undergo training for regular stewardship activities. Property acquisitions will be reassessed in September.

Vision Zero Action Plan Final Draft

  • The commission received the final draft of the Vision Zero Action Plan for Lafayette. Staff noted the action items are general categories (e.g., signage) rather than specific dangerous locations, partly due to budgetary constraints, though the location analysis was praised. A public presentation is planned for August.

Pedestrian Connectivity Concerns

  • Commissioner Phillips expressed frustration over the lack of a pedestrian connection between Lafayette and Erie near the Beacon Hill neighborhood, stating it is a failure of intergovernmental cooperation on a simple trail link. Staff recalled an old discussion about a collaborative trail project.

The Commons Lighting

  • A commissioner requested the planning department investigate lighting levels at The Commons, as initial plans stressed dark skies compliance but recent reports indicate the area is excessively bright.

Upcoming Agenda

  • A Site Plan and Architectural Review for a Kinder Care facility is scheduled for the June 25, 2025, meeting.

Key Outcomes

  • Rezoning Approved with Condition: The Planning Commission voted to approve Resolution PC 2025-03, recommending the rezoning from Transitional Business to Public District. The recommendation includes a specific condition limiting the maximum height of any structure on the site to 27 feet, or any lower height limit established in future zone district regulations, whichever is less. The vote passed with no recorded opposition. The recommendation will go to City Council for first reading on June 17, 2025.
  • Silo Subdivision Condition: The applicant for the Silo subdivision must address City Council's conditions regarding housing diversity and multifamily options in the upcoming preliminary plan review.
  • Staff Referrals: The planning department will investigate the lighting levels at The Commons. The Vision Zero Action Plan will be presented to the public in August.
  • Scheduled Action: The June 25, 2025, meeting will include a site plan review for a Kinder Care facility.

Meeting Transcript

Voting on the application consistent with due process requirements. If so, please describe the situation and recuse yourself from further participation on this agenda item. All right. Does any commission member have a conflict of interest or any other closed prior to proceeding on this item? All right, go ahead. Commission will now hear from city planning staff. Good evening, Chair, Commissioners. As stated tonight's a uh rezoning request for lot 1A of the West Ridge filing number one replat a cutting that now. Brief uh agenda, I'll do a quick introduction, followed by an analysis, public testimony, any questions planning commission may have discussion, and finally a motion. So this is an unaddressed property uh south of the intersection. Oh, I'm forgetting the trail name now of Aspen Ridge and uh I'm forgetting it. What was it? Is it timber timber trail? Thank you. 2.89 acre property, it is currently zoned uh transitional business district, and the proposal is for the public district. This is a city owned property. A little background, uh kind of in roughly chronological order. City purchased this in 2017 for a potential water treatment facility in 2019 IGA with Erie, the parties agreed to find a suitable location for Erie to locate a water storage facility. A recent sighting study by the city of Lafayette concluded that the size of the property is not sufficient for the treatment facility. A similar study by Erie concluded that the site and more almost more importantly, the elevation of the site relative to the nine mile development is suitable for their needs. Um sorry, I left that second one in there when I was rearranging. And then lastly, the purchase and sale agreement uh was agreed to on at the May 27th City Council meeting. So a little comparison between the two zone districts. Uh the transitional business district has setbacks on this street, it would be a 35 foot front setback, 15 foot side, 25 foot rear. The public district has no setbacks, but it's worth noting that there is a 30 foot wide utility easement along the west side of the property where it's adjacent to residential. So that's would be the effective setback in either district. Uh, and there's also a 10 foot setback along Aspen Ridge. Height limit is a slightly different, 27 feet for the uh transitional district and 35 for the public. It's also worth noting that based on early studies for the water storage facility, it's supposed to be at grade or below. It's maybe just a pertinences above it, but they're still preliminary, so that could change a little bit, but that's the information we have now. Uh ownership or more potential land uses in the transitional district. There was uh 51 total uses that were allowed either by right or by a special use review versus 40 in the public district. And a lot of the one some of the the uses that are allowed in the transitional that aren't allowed in the public are kind of the more intensive uses, retail under 20,000 square feet, restaurants, hotels, commercial greenhouse, personal services, indoor amusement entertainment, things like that. And then there's some kind of odd uses in the public, like auto repair, but that's more for like a streets maintenance facility for a city facility. So there are some kind of at what seem to be at first blush, maybe unusual uses like daycares are allowed there, conceivably the city could operate a daycare. So that's kind of the overview of the different uses. They do represent different types of ownership. Uh transitional is private, or it can be private, and a public district is a governmental ownership. And then in both districts, obviously, and and regardless of who owns it, any future development does require city review. So our development code essentially states that to rezone a property, one of the four criteria here have to be met. The first one is the land to be rezoned was initially zoned in air, or uh the rezonings of the technical or corrective nature. That one is not the case. I'm gonna skip B because that's what we landed on, and we're gonna go over that in the next slide. The rezoning is necessary to conform to the Lafayette comprehensive plan. That's not applicable, and then lastly, the rezoning is necessary to provide land for a community related use that was not anticipated at the time of adoption of the comprehensive plan, but which use is generally consistent with the policies and goals of said plan. And that's also not accurate. We didn't we you know when we adopted the current comprehensive plan, we already owned the property and we thought it was going to be used for a utility use. So we did find that criterion B was met. So we found that the future conveyance conveyance of the property to Erie is a changing condition, and we felt that the rezoning to a public district that ensures the property will be developed for a public purpose and also limits the development outcomes, serves the public interest and is reasonably necessary in the promotion of public health safety or welfare, and it also encourages that it be developed in a specific way for public purposes. So that was our finding.

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