Planning Commission Meeting – November 17, 2021

The Erie Planning Commission met virtually on Wednesday, November 17, 2021, from 6:31 PM to 9:21 PM. The meeting focused on two major agenda items: a resolution recommending updates to oil and gas development and design standards (including reverse setbacks) and a study session on public engagement for the Comprehensive Plan Update. Several residents provided public comment on both topics. Key votes and decisions were made regarding the oil and gas ordinance, and the commission discussed a path forward for comprehensive planning work despite a delay in hiring a consultant.

Consent Calendar

• Approval of Agenda: Motion carried unanimously (7-0).
• Approval of Minutes (November 3, 2021): Motion carried unanimously (7-0).

Public Comments & Testimony

Public Comments (General and on Oil and Gas Item)

• Sandra Duggan (Colliers Hill): Spoke in support of stronger reverse setbacks, citing health risks within 2,000 feet of drilling sites. Noted a petition with 200 signatures urging prioritization of public health and safety.
• Kelsey Barnholdt (480 Gold Hill Drive): Supported stronger setbacks, read additional petition comments calling for protection of residents.
• Caitlyn Brown (no address): Supported stronger setbacks, emphasized health and safety concerns from oil and gas operations.
• Liz Fisher (635 Moffat Street, Erie): Encouraged the commission to endorse proposed reverse setbacks and recommended even stronger ones. Stated that over the past 10 years, many families have left Erie due to impacts from oil and gas wells.
• Sharon Schuessler (no address): Supported stronger setbacks, read petition comments.
• Janice Slickman (no address): Supported stronger setbacks, read petition comments.
• Christine Englebrecht (2966 Hughes Drive, Erie): Lives near two wells, urged most protective setbacks possible. Read additional comments from the petition.
• Jon Lee (Community Development Group): Thanked staff for addressing his previous comments. Supported the working pad surface language for measurement, raised a clarification about residential vs. commercial structures needing certificates of occupancy.
• Dan Burkhardt (11887 N 75th Street, Hygiene, CO): Representing the Reider family – opposed the proposed setbacks due to inadequate notification and potential negative impact on property values and affordable housing. Expressed concerns about the process being rushed.
• Brian Dolan (3423 Weld County Road): With 30 years in oil and gas industry, he questioned the health risk basis of the setbacks, citing COGCC reports finding low harmful risks. Said he lives next to a pad without safety issues, only dust problems. Asked about methane from landfill and coal mines.
• Jake Reider (3490 County Road 12): Echoed concerns about lack of notice; stated wells on family property are no longer producing and increased setbacks would decrease property value.

Public Comments on Comprehensive Plan Study Session (none separate from discussion)

Discussion Items

1. Resolution P21-20: Oil and Gas Facilities – Development and Design Standards

• David Frank (Energy & Environment Program Specialist) presented proposed changes to Section 10-6-14 of the Unified Development Code. Key changes included: clarifying definitions for pipelines, specifying applicability to new residential lots, structures requiring a certificate of occupancy, parks, sports fields, and playgrounds; reducing the role of professional engineers; and addressing the measurement point for setbacks.
• David Frank showed a case study comparing existing UDC measurement from wells/equipment vs. proposed measurement from the working pad surface or oil and gas location. He noted the typical difference between the two methods is only a few feet to 65 feet.
• Discussion centered on the point of measurement: the commission favored using "working pad surface" as defined by COGCC rather than "oil and gas location" to avoid expansive disturbed areas. Several commissioners had questions about measurement geometry (rectangle vs. circle), definitions of lines, and applicability to existing subdivisions.
• Commissioner Sawusch expressed disappointment that the final measurement language was not yet in the resolution and requested that the change be incorporated directly into the ordinance rather than left as a condition. Staff and legal counsel indicated this could be done.
• Chair Zuniga raised strategic concerns about overly strict regulations driving developers and landowners to neighboring towns (e.g., Frederick, Dacono) with less restrictive rules, risking loss of commercial development near I-25.
• Commissioner Hoback moved to approve with direction to modify the ordinance to reference the working pad surface. The motion passed 5-2 (Commissioners Luthi and Zuniga dissenting).

2. Study Session: Comprehensive Plan Update – Public Engagement

• Deborah Bachelder (Planning Manager) updated that the Board of Trustees removed the resolution to hire consultant Logan Simpson from the November 9 agenda, asking to wait until after the April 2022 municipal election.
• The commission discussed options for moving forward with community engagement and preliminary work without a consultant. Gabi Rae (Communications Director) presented the 2021 Community Survey dashboard from Polco, showing results across many topics.
• Commissioners suggested using the survey to identify themes (e.g., sustainability, walkability) and creating draft vision scenarios for public feedback. Staff (Paul Glasgow, Interim Planning Director) offered to analyze the current plan, assess accomplishments, and develop tools to guide future engagement.
• Vice Chair Fraser cautioned against creating an adversarial relationship with the Board of Trustees and emphasized the need for internal preparation and respect for staff workloads. He argued that the commission should first read existing resources before launching new efforts.
• Chair Zuniga conducted a straw poll: all commissioners except Vice Chair Fraser indicated support for moving forward with staff’s proposal to bring back a plan for assessment and engagement work. It was agreed that staff would present a plan at the December 15 meeting.

Key Outcomes

• Resolution P21-20 (Oil and Gas Standards): Approved 5-2. The commission directed staff to modify the ordinance to measure setbacks from the working pad surface (as defined by COGCC) instead of the broader oil and gas location. The resolution recommends that the Board of Trustees adopt the updated ordinance with that change.
• Comprehensive Plan Update: The commission will not hire a consultant until after April 2022. Staff (Planning and Communications) will develop a plan to assess the current comprehensive plan, utilize survey data, and carry out preliminary engagement. A detailed proposal will be brought to the Planning Commission at the December 15, 2021 meeting.
• Next Steps for In-Person Meetings: To hold a hybrid meeting, at least four commissioners must notify the Town Clerk (Heidi Leatherwood) by the Wednesday before the meeting.