Broomfield City Council OKs 2,000-foot reverse setbacks from pre-production oil and gas sites

Jul. 28—Broomfield City Council voted 8-1 on Tuesday night in favor of 2,000-foot reverse setbacks of residential developments from pre-production oil and gas facilities.

No residential lots in any subdivision shall be platted and no public or private school building in any subdivision shall be located any closer than 2,000 feet from an oil and gas location that is in the construction, drilling or completion phases, Broomfield's Municipal Code now reads.

The conversation on reverse setbacks has been months in the making, and will continue at a study session in August on reverse setbacks related to oil and gas facilities in production. The current residential setback of 200 feet for all development and 1,320 feet without notice for developments after 2019 will continue to apply to producing wells.

A proposed amendment to apply the 2,000-foot reverse setback to permitted oil and gas locations prior to the construction phase and all permitted locations was passed by the council, and a proposed amendment applying the 2,000-foot reverse setback to proposed oil and gas locations failed.

The 2019 Colorado Department of Public Health and Environment's Human Health Risk Assessment determined that negative, short-term health impacts can occur up to 2,000 feet from producing oil and gas wells, the council memorandum states.

Broomfield's Environmental Epidemiologist Meagan Weisner told the council that between Nov. 4, 2019 and June 3, 2020 there were 48 health concerns submitted by 10 individuals within 2,000 feet of the Livingston Pad well site during preproduction. The top symptoms reported were eye irritation, headaches, difficulty sleeping, anxiety and stress and throat irritation, she said. All of the concerns were among residents over the age of 55.

Representatives from the Home Builders Association of Metro Denver and McWhinney Real Estate Services both wrote in to the council and spoke during public comment expressing concern for the proposed reverse setbacks and the impact on future developments.

McWhinney Vice President of Community Development and Baseline General Manager Kyle Harris wrote in a letter his concern about how the pre-production reverse setbacks would potentially impact a future Continuing Care Retirement Community in Broomfield. Councilwoman Jean Lim confirmed with city staff that there are no active applications for a senior facility at the northeast corner of 160th Avenue and Huron Street.

According to a city and county map, there are about 20 wells with approved permits to drill, largely focused southwest of West 160th Avenue and Huron Street.

"So, it's a countywide ordinance for one site that couldn't go through the development review timeline before the drilling timeline," Councilman William Lindstedt said after asking city staff if the ordinance would only impact one development at this time and one site.

Based on discussions during a March 30 study session on the topic, the ordinance was drafted to exempt the following:

* Residential units constructed prior to the effective date of the ordinance

* Residential lots within a plat approved prior to the effective date of the ordinance

* Residential lots/units planned within a site development plan approved prior to the effective date of the ordinance

* Residential lots/units planned within a planned unit development plan approved prior to the effective date of the ordinance

* Property zoned A-1 (A) (Adams County Legacy Agricultural)

Councilwoman Kimberly Groom, who voted against the ordinance, said to her it was either a health issue or it was not. She said if the ordinance was approved there shouldn't be variances.

Councilwoman Laurie Anderson stressed the conversation should be about reverse setbacks in general and not about one specific property. She cited the Colorado Oil and Gas Conservation Commission ultimately choosing 2,000 feet as a safe setback distance. She said the commission works to protect homes, but once oil and gas facilities arrive "it is our duty to protect the health and safety (of residents)."

Broomfield Municipal Code has restricted residential units from being built within 200 feet of an existing oil and gas facility and schools from being located within 500 feet of an oil and gas facility since 1995. Since 2002, the municipal code has required notice to lot purchasers within 200 feet of a plugged and abandoned well and a 50-foot by 100-foot easement for the well, the council memorandum states, and structures are not permitted in the easement.

An ordinance approved in 2019 "has also required new residential lots be a minimum of 1,320 feet from producing oil and gas facilities unless specific notice is recorded against the title and provided to the lot purchaser," the memorandum reads.

At the end of the discussion, Mayor Guyleen Castriotta said she could see both sides of the coin. But she said extraction will return in a little more than a month, and she expects the conversation to be much different then.