SUBJECT:
Title
PUBLIC HEARING: A Resolution of the Town Council of the Town of Erie Approving a Settlement Agreement with Stratus Redtail Ranch, LLC, to Settle Pending Litigation in Weld County District Court
Department
DEPARTMENT: Town Manager's Office
Presenter
PRESENTER(S): Malcolm Fleming, Town Manager
Kendra Carberry, Town Attorney
end
Time
TIME ESTIMATE: 75 minutes
end
For time estimate: please put 0 for Consent items.
Fiscal
FISCAL SUMMARY:
NA
Policy
POLICY ISSUES:
Town Council is the decision maker on this settlement agreement with Stratus Redtail Ranch, LLC. The settlement agreement would approve a Preliminary Plat for the property and allow the applicant to move forward to Final Plat.
Recommendation
STAFF RECOMMENDATION:
NA
Body
SUMMARY/KEY POINTS
The Redtail Ranch settlement agreement would approve a Preliminary Plat and allow the applicant to move forward to submitting a Final Plat and Site Plan applications for Town review, as required. In this settlement agreement, the applicant proposes changes to their previous Preliminary Plat application that include:
• Plugging and abandoning the SRC Pratt (KPK) oil & gas wells on the interior of the property. Town standards allow a 150-foot setback from plugged and abandoned wells, instead of the 500-foot setback required from active oil and gas wells. This smaller setback also allows the applicant to add residential lots to their Preliminary Plat, increasing the total lot count from 524 as proposed in June 2024, to 569 lots in the current proposal.
• Providing a new internal east-west street connection.
• Contributing $100,000 to the Town for future offsite traffic improvements and/or traffic calming projects including roundabout(s).
• Providing additional groundwater monitoring wells
BACKGROUND OF SUBJECT MATTER:
• Stratus Redtail Ranch, LLC submitted a Preliminary Plat application in May 2021.
• Planning Commission held the first public hearing for the application on January 17, 2024. After presentations, public comment, and discussion, the Commission voted 7-0 to recommend approval to Town Council.
• Town Council held a public hearing on the application on April 23, 2024. The hearing included presentations, public comment, and discussion. In a split vote of 3-3, Town Council declined to approve a motion of continuance or a motion of approval, which resulted in denial of the application.
• Stratus Redtail Ranch, LLC submitted a Preliminary Plat application in May 2021.
• Planning Commission held the first public hearing for the application on January 17, 2024. After presentations, public comment, and discussion, the Commission voted 7-0 to recommend approval to Town Council.
• Town Council held a public hearing on the application on April 23, 2024. The hearing included presentations, public comment, and discussion. In a split vote of 3-3, Town Council declined to approve a motion of continuance or a motion of approval, which resulted in denial of the application.
• Town Council held a second public hearing on the application on June 25, 2024, to consider new information, and voted again to deny the application based on their findings.
• On July 9, 2024, Town Council adopted a resolution with a summary of their Findings of Fact in their previous evaluations of the application.
• Following Town Council’s decision, the applicant initiated legal action against the Town regarding the denial of their application.
• The applicant’s legal counsel proposed a settlement agreement that is before Town Council now.
priorities
TOWN COUNCIL PRIORITY(S) ADDRESSED:
☐ Traffic & Road Infrastructure
☐ Growth & Development
☐ Water Cost & Availability
☐ Affordable & Diverse Housing
☐ Increased Commercial Development
☐ Responsible Oil & Gas Development
☐ Preservation of Open Space
☐ Recreation & Community Amenities
☐ Multi-Modal Focus
attachments
ATTACHMENT(S):
1. Resolution
2. Staff Summary Memo
3. Applicant Presentation
4. Revised Exhibits A-E
5. Settlement Agreement
6. Amended Complaint
7. Environmental Conditions Report - May 2025
8. Pinyon Environmental, Inc. April 2022 Property Development Environmental Review Update
9. CDPHE No Action Determination Approval December 2020
10. Link to No Action Petition November 2020
11. Link to Geosyntec Consultants August 2020 Phase I Environmental Site Assessment