HomeMy WebLinkAboutMemo - Mail Packet - 12/20/2022 - Memorandum From Kirk Longstein Re: Agenda Item 17 -December 20, 2022 Council Meeting Item Re: Oil And GasPlanning, Development & Transportation Services
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
DATE: December 15, 2022
TO: Mayor and City Council
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director of Planning, Development and Transportation
Paul Sizemore, Community Development and Neighborhood Services Director
Rebecca Everette, Planning Manager
FROM: Kirk Longstein, Senior Environmental Planner
RE: Agenda Item 17 - December 20, 2022 Council Meeting item re: Oil and Gas
Bottom line:
The purpose of this memo is to provide the presentation materials for discussion during the
December 20 Council meeting.
Please let us know if there are any questions.
New Oil and Gas Wells
12-20-2022
Kirk Longstein
Senior Environmental Planner
Rebecca Everette
Planning Manager
2Policy Alignment
CITY PLAN
ENV 4.2 -AIR POLLUTANT
SOURCES
•Implement a full spectrum of
options—including
engagement, incentives and
regulation—that focus on
prevention of air pollution at
the source.
2022-2023 COUNCIL
PRIORITY
#17 –Improved Air Quality
•Reduce emissions through oil
and gas regulations
2022 STRATEGIC
PLAN
Environmental Health
•4.2 Improve indoor and outdoor
air quality
Neighborhood Livability
•1.6 Transform regulations and
revise procedures… to ensure
new development advances
adopted City plans and policies.
3Oil and Gas Areas of Focus
New Oil & Gas Facilities
Siting requirements
Approval procedures
Design standards
Operational Standards for Existing Facilities
Emissions controls
Leak detection and repair
Spill detection and response
Reverse Setbacks
Distance for new development from existing wells
December 20, 2022 Leverage State and County regulations; County/City IGA adopted in Oct 2022
Minor code refinements proposed; May 2023
2019 2020 2021 2022
4Timeline
OCT 2022
WS -Oil and Gas
and Regular Meeting
-Adoption of
City/County IGA
JAN 2021
WS –Zoning and
Setbacks
OCT 2019
WS –Initial
Council direction
APR 2019
Senate Bill 19-181
Adopted
APR 2022
COGCC -Financial
Assurance Rules
MAR 2022
WS –Operational
Standards and
Reverse Setbacks
AUG 2022
CDPHE –Compliance
Advisory
COGCC = Colorado Oil and Gas Conservation Commission; CDPHE = Colorado Department of Health and Environment
IGA = Intergovernmental Agreement
Community
Engagement
Community
Engagement
Community
Engagement
5Community Engagement Since October
•Council Work Session on October 25
•Released public draft of the regulations on November 8 (version 1)
•AQAB Meetings
•November 14
•November 29 (Work Session)
•December 12
•P&Z Work Session & Hearing
•November 10
•November 17
•Conversations with environmental groups
•Final draft released for Council consideration on December 12 (version 2)
6Version-One Feedback
Concern Support
Zoning and
setbacks for
pipelines
Code does not include
operational standards
Concern that oil and
gas development is
not fully banned
Limit new wells to
Industrial zone
district only
Support for Planning and
Zoning Commission review
of new facilities and
pipelines
Not enough time
to review Code
language
7Key Changes –Version 1 and Version 2
Stakeholder feedback on Version 1 (November 8)Version 2 updates (December 12)
Pipelines are allowed in all zone districts Pipelines are limited to Commercial; Employment and Industrial;
and Downtown.
Development review includes too much staff discretion,
including decision making authority
Oil and Gas Facilities and pipelines are subject to a Type 2
development review by Planning and Zoning Commission
Notifications should be provided to rental and leasehold
tenants
Neighborhood meeting and hearing notice must be mailed to the
owners of record and occupants within 1-mile radius
Concerns about gathering line and transmission lines
Alternative site analysis required for all pipelines;
Special conditions for approval; and
Pipelines must be buried underground
More ecological analysis needed at the conceptual
phases of an application
Ecological characterization study required during preliminary
site analysis.
8Allowed Use –Oil and Gas Facilities
Allowed Use: Oil and Gas Facilities
•Add “oil and gas facilities” to the Industrial
zone district as an allowed use.
9Setbacks
New Oil and Gas Facilities New Oil and Gas Pipelines
2,000’ from all occupiable buildings
Enhanced NHBZ buffer (e.g., 1000’ wetlands)
1,000’ water, ditches, conservation easements
50-150’ from buildings (based on public safety)
150’ surface water features
Colorado Oil and Gas Conservation Commission Rules
Rule 1202 High Priority Habitat buffer
500' buffer from Colorado Parks and Wildlife High Priority Habitat
Spill prevention measures within 1,000’ of aquatic high priority habitats
10Pre-SB181 COGCC Setback
Pre-SB181 Setbacks
•500’ Residential Building Units
•1000’ from High Occupancy Buildings
•13.4% LAND AVAILABLE
Drillable Areas
FTC Oil Field
11Setbacks –2000 Feet
2000’ Setbacks
•2000’ Presumptive Setbacks –COGCC
•1.3% LAND AVAILABLE
Drillable Areas
FTC Oil Field
12Setbacks and Zoning
Allowed Use: Oil and Gas Developments
•Add “oil and gas facilities” to the Industrial
zone district as an allowed use.
•<1% LAND AVAILABLE FOR NEW
WELLS
13What are oil and gas flowlines?
Off-Location Flowlines transfer produced
fluids (crude oil, natural gas,
condensate, or produced water) from an
oil and gas location to a production
facility, injection facility, pit, or discharge
point that is not on the same oil and gas
location.
Buried underground
Placed within existing ROW
and utility easements
14Allowed Use: Oil and Gas Pipelines
Allowed Use: Oil and Gas Pipelines
•Add “oil and gas pipelines” to Commercial;
Employment and Industrial; Downtown
districts.
15Prohibited Facilities
Prohibited Oil and Gas Facilities
(1) Injection wells for disposal of oil and gas exploration and production wastes;
(2) Gas storage wells;
(3) Disposal pits;
(4) Commercial disposal facilities;
(5) Centralized exploration and production waste management facilities;
(6) Subsurface disposal facilities; and
(7) Glycol dehydrators and desiccant gas processing dehydrators.
(8) Onsite oil storage greater than 30 feet in height
16Development Application Submittal
Oil and Gas Development Applications
New Wells (Type 2) Planning and Zoning Commission
New pipeline (Type 2) Planning and Zoning Commission
Plugged and Abandoned (BDR) Basic Development Review
Prior to neighborhood meeting (Conceptual Review)
Alternative Site analysis
Primary Site analysis
Neighborhood Meeting & P&Z Hearing Notices
1-mile radius (Owners and Occupants)
12 square foot yellow sign
Development Review newsletter and website
17Development Standards
•Landscaping
•25’ buffer to reduce fire potential
•Fencing
•Safety
•Artificial Lifts
•No pumpjacks (30’ Max)
•Environmental Protections
•1,000’ NHBZ
18Plugging and Abandoning
Basic Development Review
Required Monitoring
COGCC Form 6 and Inspection
19Board Recommendations
•Air Quality Advisory Board
1.Reduce the pace of the regulation adoption
2.Increase transparency and remove Staff discretion
3.City should expand regulations and consider wider range of rules
•Planning and Zoning Commission (6-1 vote)
The motion to approve the draft regulations (Version-1) carried 6-1 vote with the following
recommended changes:
1.Remove oil and Gas pipelines as an allowed use within public open lands and
residential zone districts; including, HMN, LMN, MH, MMN, RL, UE, RF, and RUL
2.Oil and Gas developments (new pipelines, oil and gas facilities) would be subject to a
Planning and Zoning Commission Review (Type 2). Plugging and abandoning
remains Basic Development Review
20Staff Recommendation
•Staff recommends adoption of the Ordinance to regulate oil and gas development within the
Land Development Code, as proposed.
22State and Local Authority
Down-Hole Activities
Definitions
Financial Security
Colorado Oil and Gas
Conservation Commission City of Fort Collins
Surface Activities
Development Standards
Building Code