Erie council approves settlement allowing Red Veil Ranch preliminary plat over residents' objections

Erie, Colo. — The Erie Town Council on Dec. 16 approved a settlement agreement with Stratus Redtail/Red Veil Ranch LLC that clears the way for a preliminary plat of the Red Veil Ranch development, despite sustained public opposition and environmental concerns.

The vote was 4–3 after more than two hours of public comment and technical presentations. Council members who voted in favor said the settlement includes environmental safeguards and avoids an expensive taking claim; opponents said the package leaves unresolved cumulative health and safety risks.

Under the settlement included in Resolution 25 6 65, the developer agreed to plug and abandon six older KPK wells on the project site before the final plat is approved, to install four additional groundwater monitoring wells, to erect a split‑rail fence and signage around the mapped environmental area, and to contribute $100,000 toward off‑site traffic improvements "if and when" a warrant is met. Town staff and applicant consultants told the council that CDPHE (Colorado Department of Public Health and Environment) and the applicant’s engineers concluded there is no buried waste in the proposed residential area and that the area subject to the state consent order has been capped and monitored.

Residents pressed the council to reject the settlement. "This is one of the most inappropriate locations submitted to the town of Erie for a proposed neighborhood," said Jeff Baer of Vista Ridge, who warned of the site’s proximity to oil and gas facilities and the Neuhauser Superfund area and asked rhetorically whether council members would move their families there. Multiple speakers cited historical drum removals from the site and said the record shows long‑running contamination and cumulative exposures from landfills and nearby oil‑and‑gas operations.

Applicant land‑use counsel David Foster and environmental consultants responded that the residential portion of the property has been studied extensively and that CDPHE oversight and the consent order govern remediation and long‑term monitoring. "Based on the investigations, the potential for environmental impacts due to unknown conditions on the property is likely lower than on any other undeveloped properties," Foster said during the presentation. Leila Rosales of Terracina Design said the latest plan increases setbacks (a voluntary 500‑foot buffer) and removes older KPK facilities from the residential footprint.

Town environmental staff noted three recorded spills at a distant Pratt facility and said monitoring shows contaminant exceedances confined to the historic work area; state oversight requires 30 years of groundwater monitoring and a bond the applicant reported at about $1.3 million that must be maintained. Staff also reported that their review concluded the preliminary plat met Development Code standards, but they emphasized that approval of the settlement is not the final plat approval — the development agreement and final plat will return to council for further review and conditions.

Mayor Moore said the council will have "another bite at the apple" at the development‑agreement and final‑plat stage, where more specific terms — including monitoring obligations and who holds long‑term responsibility — will be negotiated.

The council’s 4–3 roll call: Mayor Pro Tem (yes), Council member O'Connor (yes), Council member Mortillero (yes), Council member Pesa Morelli (no), Council member Baer (no), Council member Holbeck (no), Mayor Moore (yes). The settlement ends the current Rule 106 litigation if council approval is final; opponents said a "no" vote would have left the town defending the denial in court and risked a takings judgment. The town clerk recorded the vote and the settlement will proceed to the final‑plat and development‑agreement stages for additional conditions and review.