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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2018 - SECOND READING OF ORDINANCE NO. 114, 2018, AMENDINAgenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY September 4, 2018 City Council THIS ORDINANCE HAS BEEN AMENDED ON SECOND READING STAFF Rebecca Everette, Senior Environmental Planner Cassie Archuleta, Senior Environmental Planner Lucinda Smith, Environmental Sustainability Director Laurie Kadrich, Director of PDT Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 114, 2018, Amending Article 3 of the Land Use Code Regarding Buffering Requirements for Development in Relation to Oil and Gas Facility Locations. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 21, 2018, amends the Land Use Code related to buffering new development from existing oil and gas wells. The amendments include the following Code changes: 1. Increase buffer for residential development near existing oil and gas operations from 350 feet to 500 feet. 2. Add a new 1000-foot buffer requirement for high occupancy buildings near oil and gas operations. 3. Allow a reduced setback (150 feet minimum) near plugged and abandoned wells if specific requirements and performance standards are met. 4. Create an additional means of disclosure to future property owners as part of any required recorded declaration. Staff proposes additional language relating the measurement of buffers around oil and gas wells. Based on new information received between first and second reading from the Colorado Oil and Gas Conservation Commission (COGCC), staff determined that an additional revision would be necessary to align the proposed ordinance with the original intent for the code changes, which was to match any changes to COGCC regulations that would result in more protective buffers. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 21, 2018 (w/o attachments) (PDF) 2. Ordinance No. 114, 2018 (PDF) Agenda Item 24 Item # 24 Page 1 AGENDA ITEM SUMMARY August 21, 2018 City Council STAFF Rebecca Everette, Senior Environmental Planner Cassie Archuleta, Senior Environmental Planner Lucinda Smith, Environmental Sustainability Director Laurie Kadrich, Director of PDT Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 114, 2018, Amending Article 3 of the Land Use Code Regarding Buffering Requirements for Development in Relation to Oil and Gas Facility Locations. EXECUTIVE SUMMARY The purpose of this item is to present Land Use Code updates related to buffering new development from existing oil and gas wells for Council consideration. The staff recommendation includes the following Code changes: 1. Increase buffer for residential development near existing oil and gas operations from 350 feet to 500 feet. 2. Add a new 1000-foot buffer requirement for high occupancy buildings near oil and gas operations. 3. Allow a reduced setback (150 feet minimum) near plugged and abandoned wells if specific requirements and performance standards are met. 4. Create an additional means of disclosure to future property owners as part of any required recorded declaration. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Purpose and Intent Staff initiated a review of the current oil and gas buffers with a goal of ensuring that Land Use Code (LUC) regulations will continue to protect the health and safety of Fort Collins residents and provide predictability for developers into the future. The intent of the proposed changes is to match or exceed Colorado Oil and Gas Conservation Commission (COGCC) requirements, ensure the safest possible condition for current and future residents, incentivize the plugging and abandonment of active wells, and support additional investigation of plugged and abandoned wells. The following goals guided staff’s analysis: 1. Increase the required buffers for new development around existing oil and gas operations to provide greater protection to residents and improve consistency with state regulations; 2. Allow consideration of reduced buffers around plugged and abandoned wells if the surrounding area has been deemed safe for development; 3. Facilitate site investigation and sampling around plugged wells, at a developer’s expense; and ATTACHMENT 1 Agenda Item 24 Item # 24 Page 2 4. Encourage developers to permanently plug and abandon active wells rather than keeping wells in operation near residential development. Summary of Proposed Land Use Code Updates The current staff recommendation includes the following Code changes: 1. Increase buffer for residential development near existing oil and gas operations from 350 feet to 500 feet. 2. Add a new 1000-foot buffer requirement for high occupancy buildings near oil and gas operations. 3. Allow a reduced setback (150 feet minimum) near plugged and abandoned wells if specific requirements and performance standards are met. 4. Create an additional means of disclosure to future property owners as part of any required recorded declaration. The initial staff recommendation was modified based on input from the general public, landowners and other stakeholders, and boards and commissions. The full set of proposed changes is included in Attachment 1. Follow-up from City Council Work Session Staff presented the proposed Land Use Code updates at the June 19, 2018, Work Session. Council was generally supportive of the proposed Land Use Code changes and appreciated the amount and type of outreach conducted by staff. Questions and discussion focused on the level of risk associated with plugged and abandoned wells, as well as how various requirements and thresholds had been determined, including the minimum 150-foot buffer around plugged and abandoned wells. Based on Council’s direction, staff followed up on a number of questions and comments described in more detail in this agenda item summary. Current Oil and Gas Operations in Fort Collins The Fort Collins Growth Management Area (GMA) contains 16 active wells (all operated by Prospect Energy) and 30 wells that have been abandoned. Prospect Energy’s operations in the Fort Collins Field are limited to oil production; no natural gas is extracted or produced within the GMA. The Fort Collins Field consists of unpressurized oil that is bonded to bedrock. Water pressure is used to force oil upward, and the resulting product is approximately 97% water and 3% oil, with almost no associated gas. Unlike natural gas operations in other communities along the Front Range, continuous flaring does not occur at the Fort Collins wells, as there is little to no gas that would need to be flared. There is little possibility for methane to migrate upward from the formation for either active or abandoned wells. Abandoned wells in Fort Collins vary significantly in age, with some wells abandoned as far back as the 1920s and others abandoned within the last year. As such, the amount and precision of information about these wells (e.g., exact locations or details about how they were plugged) also varies. Unknown or undiscovered wells in the Fort Collins Field are very unlikely given the low levels of production that have occurred in this field over the past century. Oil and Gas Buffers The COGCC regulates permitting and setbacks for new wells near existing buildings but does not regulate the reverse situation: permitting and setbacks for new development near existing oil and gas infrastructure. The Land Use Code currently requires a buffer of at least 350 feet between existing oil and gas operations (both active and abandoned) and new residential development. The previously adopted 350-foot buffer was specifically intended to match the COGCC setback requirements for new wells, which were 350 feet at the time of adoption. Since then, the COGCC has updated its setbacks for new oil and gas wells to 500 feet. COGCC further distinguishes between general residential development and land uses deemed to be “high occupancy,” which includes certain schools, hospitals, nursing homes, correctional facilities, and daycare centers. The state requires a setback of 1,000 feet between these uses and new wells. Agenda Item 24 Item # 24 Page 3 Staff recommends updating the City’s buffer requirements to 500 feet for residential development and 1,000 feet for high occupancy uses, consistent with current state-level regulation and City Council’s previous direction. The code changes also include a clause that would automatically increase the required buffer if state requirements also increase in the future. Plugged and Abandoned Wells and Associated Risks Plugged and abandoned wells have been permanently removed from production and filled with a combination of concrete plugs, slurries, and other materials. Many of the older wells in Fort Collins were abandoned prior to current regulations and state oversight. As such, there is uncertainty about if, when, and how the wells were plugged, and it is possible that some of these wells would not meet the current COGCC standards. Risks related to plugged and abandoned wells are very difficult to quantify, as it is highly dependent on site-specific conditions, production type, well construction details, plugging and abandonment techniques, and age of wells. Staff has been unable to find research documenting failure rates or contamination risks for wells with the same combination of production type, well age, and site conditions present in the Fort Collins Field. It is possible that the integrity of wells plugged many decades ago has changed as they have aged. While there have been no known issues with any abandoned wells in Fort Collins, there have been documented safety incidents related to old, improperly plugged wells in other communities, primarily in natural gas fields that differ significantly from the Fort Collins Field. It is in the community’s interest to understand the existing conditions, and therefore potential risks, related to the various abandoned wells throughout the city. The Land Use Code does not distinguish between operational (active) wells and wells that have been plugged and abandoned. However, wells that have been abandoned to current state standards have a much lower potential for environmental contamination, public health impacts, and public safety incidents. Further, well sites in Fort Collins have a comparatively lower risk of methane leaks, as no natural gas is produced from the Fort Collins Field. As such, a reduced setback may be appropriate in situations where the City can verify that wells have been properly plugged and no leaks or contamination have occurred. In addition, a reduced setback for properly abandoned wells would create a stronger incentive for land developers to coordinate the abandonment of active wells on development sites, rather than keeping wells in operation as new development occurs. Allowing a reduced setback would encourage the developer to work with an oil and gas operator to remove the well from operation, therefore significantly reducing public health and safety risks near future residential properties. There was a question at the City Council work session related to the impact of expansive soils and other geotechnical conditions on the long-term integrity of plugged and abandoned wells. Staff has discussed this concern with a qualified geotechnical engineer, who stated that the risk for expansive soils impacting a plugged and abandoned well is very low. Expansive soils only expand and contract when moisture is added, which typically only occurs as a result of heavy irrigation (e.g., for turf landscaping). The maximum “wetting depth” for heavily irrigated areas is 15 to 20 feet of soil. Even in the event that there are irrigated, expansive soils around a plugged and abandoned well, there is a low likelihood that the soils could put enough pressure on a concrete well casing to cause a barrier failure. Alternative Compliance Option Staff recommends an alternative compliance option that would allow for a reduced buffer (150 foot minimum) if the City can verify that plugging and abandonment have occurred in accordance with current COGCC standards and no contamination is present on a site. A buffer of 150 feet would provide adequate space for equipment to replug or maintain a permanently plugged well in the future, if needed. The following sampling and monitoring measures would be required to determine whether alternative compliance would be appropriate. The required measures replicate the sampling methods used in Longmont to document the condition of plugged and abandoned wells in that community: Agenda Item 24 Item # 24 Page 4 1. Site survey, historical research and/or physical locating techniques to determine exact location and extent of oil and gas operations and facilities. 2. Documentation of plugging activities, abandonment and any subsequent inspections. 3. Soil sampling, including soil gas testing. 4. Groundwater sampling. 5. Installation of permanent groundwater wells for future site investigations or monitoring. 6. Additional requirements as determined by staff and/or the decision-maker. The following verification and performance standards would need to be satisfied for a reduced buffer to be approved: 1. Written report verifying that the soil and groundwater samples meet applicable EPA and State residential regulations. 2. Verification that a reduced buffer would not pose a greater health or safety risk for future residents or users of the site than baseline site conditions. 3. Remediation of environmental contamination to background levels, if necessary. 4. Well repair or replugging of a previously abandoned well, if necessary. Disclosure to Future Property Owners The Land Use Code currently requires notification about oil and gas wells to be placed on the plat for a new subdivision. Based on feedback from boards and the public, staff determined that this method of notification may be easily overlooked by a future homebuyer, so an additional method of notification is appropriate. Staff recommends a requirement that developers include information about any existing oil and gas wells as part of any recorded declaration required under the Colorado Common Interest Ownership Act for all properties within 1000 feet of any wells. This information would be more readily available to all future property owners. CITY FINANCIAL IMPACTS Adoption of these Code changes will not have a significant impact on City resources. Additional staff time may be required to review alternative compliance requests for plugged and abandoned wells; however, this is comparable to the amount of time staff already dedicates to environmental concerns on various development projects. BOARD / COMMISSION RECOMMENDATION Staff held extensive discussions with the Planning and Zoning Board (3 work sessions and 2 hearings), Natural Resources Advisory Board (3 meetings) and Air Quality Advisory Board (4 meetings) over the past nine months. All three boards have provided recommendations on the currently proposed changes. The staff recommendation and three board recommendations are summarized in Table 1 below. A follow-up meeting was held with members of each board on June 4, 2018. The purpose of this meeting was to confirm understanding of the proposed code changes and clarify the recommendations of each board. The boards all support increased buffers around active wells, and they also share concerns about uncertainty and lack of data for older plugged and abandoned wells. There was discussion, but not consensus, about the measurement of buffers (i.e., to a property line rather than the nearest occupied building). All three boards felt that more stringent monitoring and accountability requirements should be applied if reduced buffers will be considered. Based on public input and board recommendations, staff made the following modifications to the proposed Code changes:  Do not allow parks, playgrounds, recreational fields or community gathering spaces to be placed within a buffer, both for residential and high occupancy uses  Require a minimum of five years of annual monitoring of plugged and abandoned wells (if a reduced buffer is granted) Agenda Item 24 Item # 24 Page 5  Require a certification that the site is free from contamination and is safe for residential use (if a reduced buffer is granted)  Require remediation of any environmental contamination, repair of a damaged well, or re-plugging of a well if determined to be necessary (if a reduced buffer is granted) TABLE 1. PROPOSED LAND USE CODE CHANGES AND BOARD RECOMMENDATIONS Code Change (Staff Recommendation) Planning and Zoning Board Natural Resource Adv. Board Air Quality Adv. Board 1. Increase buffer around both active and abandoned wells to at least 500’ for residential development Supported staff recommendation  Supported 500’ buffer  Supported measuring buffer to nearest property line, rather than nearest occupied building  Supported 500’ buffer  Supported measuring buffer to nearest property line, rather than nearest occupied building  Do not allow variances to setbacks 2. Require a buffer of at least 1000’ around both active and abandoned wells for High Occupancy Building Units* Supported staff recommendation  Supported 1000’ buffer  Supported measuring buffer to nearest property line, rather than nearest occupied building  Supported excluding playgrounds and parking lots from buffers  Supported 1000’ Agenda Item 24 Item # 24 Page 6 PUBLIC OUTREACH Feedback from stakeholders and the broader community was gathered through the following outreach activities:  Direct mailing to property owners within 1000 feet of existing oil and gas wells, with information on proposed code changes and opportunities for comment (1110 letters mailed)  Online questionnaire to collect feedback on proposed changes, advertised through direct mailing, email lists, social media, news release, and Nextdoor website (228 completed responses)  Online recorded video presentation with background information and explanation of the proposed code changes: <https://youtu.be/QUCAkpeUHgo>  Email notifications to all members of the public and land developers who expressed a specific interest in these code changes  Four designated drop-in times to meet with staff to discuss comments and concerns (16 attendees total)  Presentations at Planning & Zoning Board, Natural Resources Advisory Board, and Air Quality Advisory Board work sessions  Individual phone calls and emails to discuss questions and concerns as needed In addition to broad community outreach, staff also consulted with the following targeted groups:  Colorado Oil and Gas Conservation Commission (COGCC) staff  Representative of Prospect Energy (local oil and gas operator)  Representatives for the Country Club Reserve and Montava development projects  Poudre School District (property owner in Mountain Vista area)  City of Longmont staff to discuss their program related to plugged and abandoned wells  Terracon (private consultant) to discuss investigation methods, costs for plugged and abandoned wells, and geotechnical considerations A general summary of public input and associated revisions to the original staff recommendation are presented in Table 2. See Attachments 2-4 for the public engagement plan, questionnaire results and a complete record of comments. TABLE 2. SUMMARY OF PUBLIC INPUT AND REVISIONS Public Input Staff Response Majority supported increased buffer around active wells Kept the increased buffer around active wells and added a new buffer for high occupancy building units Majority had concerns about reduced buffers around plugged and abandoned wells, including:  Health impacts and safety risks  Potential for long-term failure of wells  Adequacy of state regulations and inspections Eliminated automatic buffer reduction for plugged and abandoned wells; developed alternative compliance option with specific sampling, monitoring and performance requirements instead Support for additional research, site investigation, testing and monitoring requirements Added requirements for site investigation and sampling in exchange for buffer reduction (alternative compliance) Support for additional methods of notification to future residents Created an additional method of disclosure through property covenants Agenda Item 24 Item # 24 Page 7 ATTACHMENTS 1. Council Work Session Follow Up (PDF) 2. Public Engagement Plan (PDF) 3. Online Questionnaire Results (PDF) 4. Public Comments Received To-Date (PDF) 5. Planning and Zoning Board minutes, April 19, 2018 and March 15, 2018 (PDF) 6. Natural Resources Advisory Board Recommendation and Minutes (PDF) 7. Air Quality Advisory Board Recommendation and Minutes (PDF) 8. PowerPoint Presentation (PDF) -1- ORDINANCE NO. 114, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE 3 OF THE LAND USE CODE REGARDING BUFFERING REQUIREMENTS FOR DEVELOPMENT IN RELATION TO OIL AND GAS FACILITY LOCATIONS WHEREAS, on December 2, 1997, by its adoption of Ordinance No. 190, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, since its adoption, City staff and the Planning and Zoning Board have continued to review the Land Use Code and identify and explore various issues related to the Land Use Code and have now made new recommendations to the Council regarding certain issues that are ripe for updating and improvement; and WHEREAS, the proposed changes to the Residential Buffering Land Use Code requirements are to ensure the health and safety of the residents of development in close proximity to oil and gas facility locations; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 3.8.26 of the Land Use Code is hereby amended to read as follows: 3.8.26 Buffering for Residential and High Occupancy Building Units (A) Applicability. These standards apply only to applications that include residential uses and, to the extent legally applicable, high occupancy building units. Standards regarding Buffer Yard D shall not apply to any lot for which a site specific development plan with vested rights was approved prior to September 14, 2018 so long as such site specific development plan was, or is, valid at the time of issuance of any building permit for the construction or modification of any dwelling unit or high occupancy building unit on such lot. -2- (B) Purpose. The purpose of this Section is to provide standards to separate residential land uses and high occupancy building units from existing industrial uses, in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, air pollutants, hazardous materials or site contamination, or danger from fires or explosions. (C) Buffer standards. Buffer yards shall be located on the outer perimeter of a lot or parcel and may be required along all property lines for buffering purposes and shall meet the standards as provided in this Section. (1) Only those structures used for buffering and/or screening purposes shall be located within a buffer yard. The buffer yard shall not include any paved area, except for pedestrian sidewalks or paths or vehicular access drives which may intersect the buffer yard at a point which is perpendicular to the buffer yard and which shall be the minimum width necessary to provide vehicular or pedestrian access. Fencing and/or walls used for buffer yard purposes shall be solid, with at least seventy-five (75) percent opacity. (2) There are four (4) types of buffer yards which are established according to land use intensity as described in Chart 1 below. Buffer yard distances are established in Chart 2 below and specify deciduous or coniferous plants required per one hundred (100) linear feet along the affected property line, on an average basis. (3) The buffer yard requirements shall not apply to temporary or seasonal uses or to properties that are separated by a major collector street, arterial street, or highway. (4) Additional Standards Applicable to Buffer Yard D. The following requirements shall also apply to development located in Buffer Yard D: (a) Measured. For purposes of Buffer Yard D standards, the buffer yard shall be measured as either the distance from the outer edge of an oil and gas location to the nearest wall or corner of any dwelling or high occupancy building unit location or, if any Colorado Oil and Gas Conservation Commission adopted setback measurement method applicable to a dwelling or high occupancy building unit results in a greater distance between the existing oil and gas operation site location and the dwelling or high occupancy building unit at issue, then the Colorado Oil and Gas Conservation Commission setback measurement method shall be used. Buffer Yard D areas may include paved areas, notwithstanding paragraph (1) above. -3- (b) Minimum Buffer Distances. The following minimum buffer distances shall apply: 1. Residential Development. The minimum buffer between a dwelling and any oil and gas location shall be five hundred (500) feet, or the Colorado Oil and Gas Conservation Commission designated setback distance, whichever is greater. Public playgrounds, parks, recreational fields, or community gathering spaces shall not be placed within a buffer. Private common areas within a buffer shall not contain playgrounds, parks, recreational fields, or community gathering spaces. 2. High Occupancy Building Units. The minimum buffer between a high occupancy building unit and any oil and gas location shall be one thousand (1,000) feet, or the Colorado Oil and Gas Conservation Commission designated setback distance, whichever is greater. Public or private playgrounds, parks, recreational fields, or community gathering spaces shall not be allowed within a buffer. (c) Alternative compliance buffer reduction from plugged and abandoned wells. Upon applicant request, the decision maker may approve a reduced buffer distance from a plugged and abandoned well for which reclamation has been completed, all of the aforementioned in accordance with Colorado Oil and Gas Conservation Commission regulations, in lieu of the minimum buffer distances set forth in the immediately preceding Subsection (b), provided that the approved reduced buffer is no less than 150 feet from the permanently abandoned well and meets the requirements specified below. 1. Procedure. To request alternative compliance, an alternative compliance buffer reduction plan shall be prepared and submitted in accordance with the submittal requirements established by the Director. At a minimum, the plan must: a. Clearly identify and discuss the proposed buffer reduction and the ways in which the plan will equally well or better eliminate or minimize the nuisances and reduce the adverse effects referenced in the purpose of this Section than would a plan which complies with the separation and spacing standards of this Section. -4- b. Include information regarding environmental testing and monitoring for the site. Site investigation, sampling, and monitoring shall be conducted to demonstrate that the well has been properly abandoned and that soil, air and water quality have not been adversely impacted by oil and gas operations or facilities or other sources of contamination. Such sampling and monitoring shall be conducted by a qualified environmental engineering or consulting firm with experience in oil and gas investigations. Director approval that the sampling and monitoring plan contains the information required pursuant to this subsection b) is required prior to sampling occurring and such plan shall include, but is not limited to, the following: i. Site survey, historical research, and/or physical locating techniques to determine exact location and extent of oil and gas operations and facilities. ii. Documentation of plugging activities, abandonment and any subsequent inspections. iii. Soil sampling, including soil gas testing. iv. Groundwater sampling. v. Installation of permanent groundwater wells for future site investigations. vi. A minimum of five (5) years of annual soil gas and groundwater monitoring at the well location. c. Upon completion of the site investigation and sampling, not including the ongoing monitoring, the consultant must provide a written report verifying that the soil and groundwater samples meet applicable EPA and State residential regulations and that a reduced buffer would not pose a greater health or safety risk for future residents or users of the site. Otherwise, the decision maker may specify an appropriate buffer distance or require that the following actions be completed by a qualified -5- professional before development may occur, including but not limited to: i. Remediation of environmental contamination to background levels. ii. Well repair or re-plugging of a previously abandoned well. 2. Review Criteria. To approve an alternative compliance buffer reduction plan, the decision maker must first find that the proposed alternative plan eliminates or minimizes the nuisances and reduces the adverse effects referenced in the purpose of this Section equally well or better than would a plan which complies with the separation and spacing standards of this Section. An approved alternative compliance buffer reduction plan shall be exempt from the screening requirements of Chart 2 – Buffer Yard Types and below Subsection (e) regarding fencing. (d) Disclosure. If any residential development or dwelling, or high occupancy building unit is proposed to be located within one thousand (1,000) feet of an oil and gas location, the following requirements shall apply: 1. Aat such time as the property to be developed is platted or replatted, the plat shall show the one-thousand-foot radius on the property from such oil and gas location and shall contain a note informing subsequent property owners that certain lots shown on the plat are in close proximity to an existing oil and gas location. 2. For residential developments requiring a declaration pursuant to the Colorado Common Interest Ownership Act, a statement shall be included in such declaration specifying the lots within such residential development upon which dwellings may be constructed that are within one thousand (1,000) feet of an oil and gas location. The approved plat for such residential development shall be attached to the recorded declaration. Where no such declaration is required, the property owner shall record a statement on the property where the dwelling is located indicating that such property is located within one thousand feet of an oil and gas location. (e) Fencing. If any residential development is proposed to be located within five hundred (500) feet of an oil and gas location, and if an -6- existing fence does not surround the oil and gas location, the developer must erect a fence that restricts public access to the oil and gas location along the property boundary between the oil and gas location and the development. Chart 1 Land Use Intensity Categories Land Use Intensity Category Buffer Yard Airports/airstrips Very High C Composting facilities High B Dry cleaning plants Very High C Feedlots Very High C Heavy industrial uses Very High C Light industrial uses High B Junkyards High B Outdoor storage facilities High B Recreation vehicle, boat, truck storage Medium A Recycling facilities High B Agricultural research laboratories High B Resource extraction Very High C Oil and gas operations, including plugged and abandoned wells Very High D Transportation terminals (truck, container storage) High B Warehouse & distribution facilities High B Workshops and custom small industry Medium A Chart 2 Buffer Yard Types Type - Base Standard (plants per 100 linear feet along affected property line) * Option Width Plant Multiplier ** Option: Add 6' Wall Option: Add 3' Berm or 6' Fence Buffer Yard A: 15 feet 1.00 20 feet .90 3 Shade Trees 25 feet .80 2 Ornamental Trees or Type 2 Shrubs *** 30 feet .70 .65 .80 3 Evergreen Trees 35 feet .60 15 Shrubs (33% Type 1, 67% Type 2) 40 feet .50 Buffer Yard B: 15 feet 1.25 20 feet 1.00 -7- 25 feet .90 4 Shade Trees 30 feet .80 .75 .85 4 Ornamental Trees or Type 2 Shrubs *** 35 feet .70 3 Evergreen Trees 40 feet .60 25 Shrubs (Type 2) 45 feet .50 Buffer Yard C: 20 feet 1.25 25 feet 1.00 30 feet .90 5 Shade Trees 35 feet .80 .75 .85 6 Ornamental Trees or Type 2 Shrubs *** 40 feet .70 4 Evergreen Trees 45 feet .60 30 Shrubs (Type 2) 50 feet .50 Buffer Yard D: 500 feet 1.25 525 feet 1.00 550 feet .90 6 Shade Trees 575 feet .80 .75 .85 7 Ornamental Trees or Type 2 Shrubs *** 600 feet .70 5 Evergreen Trees 625 feet .60 35 Shrubs (Type 2) 650 feet .50 * "Base standard" for each type of buffer yard is that width which has a plant multiplier. ** "Plant multipliers" are used to increase or decrease the amount of required plants based on providing a buffer yard of reduced or greater width or by the addition of a wall, berm or fence. *** Shrub types: Type 1: 4' - 8' High Type 2: Over 8' High Section 3. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of three new definitions which read in their entirety as follows: High occupancy building unit shall mean any building type listed in the Colorado Oil and Gas Conservation Commission definition of a High Occupancy Building Unit set forth in the Code of Colorado Regulations. Oil and gas facility shall mean equipment or improvements used or installed at an oil and gas location for the exploration, production, withdrawal, gathering, treatment, or processing of oil or natural gas. This term shall include equipment or improvements associated with active, inactive, temporarily abandoned, and plugged and abandoned wells. Oil and gas location shall mean: (1) the area where the operator of an oil and gas facility has disturbed the land surface in order to locate an oil and gas facility or conduct oil and gas operations, or both; or (2) the area where the operator of an oil and gas facility intends to disturb the land surface in order to locate an oil and gas facility or conduct oil and gas operations, or both, and such facility or operations have received all required permits prior -8- to submission of a residential development plan for the construction of dwellings or high occupancy building within one-thousand feet of the permitted oil and gas facility or operations, even if disturbance of the land surface to locate the oil and gas facility or conduct operations has yet to occur on the site. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2018, and to be presented for final passage on the 4th day of September, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 4th day of September, A.D. 2018. __________________________________ Mayor ATTEST: _____________________________ City Clerk buffer  Supported measuring buffer to nearest property line, rather than nearest occupied building  Do not allow variances to setbacks 3. Allow decision maker to consider a reduced buffer around abandoned wells, if additional site testing occurs and the site is deemed safe for residential development (150’ min buffer)  Did not support staff recommendation  Consider buffer reduction requests on a case-by-case basis only  Determine site sampling and/or monitoring requirements on a case-by-case basis only  Supported staff recommendation with additions  Require identification of responsible party if plugged well fails  Add requirements for repair, annual third- party monitoring, and bonding to address any future well integrity issues  Require regular inspections  Did not support staff recommendation  Apply same buffers as for active wells, with no variances allowed 4. Require an additional method of notification (property covenant) for all properties within 1000’ Supported staff recommendation Supported staff recommendation Supported staff recommendation * High Occupancy Building Units include certain schools, hospitals, nursing homes, correctional facilities, and daycare centers.