HomeMy WebLinkAboutEmail - Read Before Packet - 9/5/2023 - Email From Kirk Longstein Re: Follow-Up On Oil And Gas Questions – Council Agenda Item #191
Sarah Kane
From:Kirk Longstein
Sent:Tuesday, September 5, 2023 3:18 PM
To:City Council; Kelly DiMartino; Tyler Marr; Rupa Venkatesh; Sarah Kane
Cc:Caryn M. Champine; Paul S. Sizemore; Clay Frickey; Brad Yatabe; Carrie Daggett
Subject:Follow up on Oil and Gas questions
Mayor and members of City Council,
Planning Staff has received a number of inquiries from residents residing within the Hearthfire neighborhood related to
Agenda Item 19, reverse setbacks for oil and gas. We are prepared to discuss these quesƟons during tonight’s hearing
and offer the following for the Council’s consideraƟon:
Stakeholder feedback - Impacts to property values:
Residents within the Hearƞire neighborhood HOA have shared concerns that the proposed Code creates a nega Ɵve
market signal to future home buyers that may impact home values. Hearthfire HOA residents have shared support for
reverse setbacks and have suggested that Council delay adopƟon of the Ordinance unƟl aŌer oil and gas wells have been
fully plugged and abandoned.
The proposed Code requires exisƟng homes adjacent oil and gas faciliƟes adhere to the prescribed buffer standards (in
addiƟon to new development applicaƟons); including a prohibiƟon on detached occupiable buildings (e.g., ADUs), and a
required point of sale disclosure provided to future home buyers. The staff proposal to include exisƟng homes and
plaƩed developments within the buffer intends to achieve the following goals:
1. Limit increasing density within the acƟve oil and gas field by prohibiƟng addiƟonal occupiable buildings.
2. limit areas where children congregate for extended periods of Ɵme adjacent oil and gas faciliƟes
3. Consumer protecƟon through transparency of informaƟon relevant to home buyers of real property within the
acƟve oil and gas field.
Trade-offs to consider:
The planning and zoning commissions shared concerns related to the risks associated with fully reclaimed wells. The
commission weighed the trade-offs of extending monitoring requirements beyond 5-years for new development
applicaƟons and risks to future residents.
Although It is the staff’s intent to submit a Form 211 applicaƟon to the Colorado Energy and Carbon Management
Commission (ECMC) to require Prospect Energy to plug and abandoned low producing oil and gas facili Ɵes the following
condiƟons remain:
1. The applicaƟon to the ECMC to request plugging low producing wells only includes 4 producing wells within city
limits and not the remaining 6 enhanced oil recovery injecƟon wells. Enhanced oil recovery injecƟon wells also
include a 2000-feet setback as proposed by staff and the setback also extends into the Hearthfire neighborhood
2. Full reclamaƟon by plugging and abandoning oil and gas wells does not fully address stakeholder concerns for
transparency of oil and gas risks to future fort Collins residents. As evidenced through a recent ar Ɵcle in the
ColoradoSun, cement is not a forever product and future homeowner within the neighborhood located within
the proposed buffers may conƟnue to be at risk of a contaminaƟon events and future clean-ups associated with
hydrocarbons.
Decision points for Council’s consideraƟon:
2
1. Staff recommendaƟon to adopt the ordinance as draŌed
2. Adopt the ordinance on First reading with the following consideraƟons for changes ahead of Second reading:
a. Exclude exisƟng homes located within the suggested buffer and apply standards to new development
applicaƟons, only
b. Remove point of sale disclosure requirements for exisƟng homes located within the proposed buffer
3. Delay adopƟon of the ordinance pending the status of an ECMC Rule 211 hearing (es Ɵmated: 4-6 months)
AddiƟonal InformaƟon for Council’s consideraƟon related to exisƟng residents residing within the proposed buffer:
Fort Collins Neighborhoods
Number of Parcels impacted by
the proposed 2,000-feet buffer
Hearthfire 147
Richard's Lake 136
Country Club Reserve 160
Fort Collins Neighborhoods
Number of Parcels impacted by
Staff proposal if ALL Wells in the
City are fully reclaimed and
receive a 150-feet buffer
Hearthfire 17
Morningside 1
Richard's Lake 5
Ridgewood Hills 8
Water's Edge 1
AddiƟonal InformaƟon regarding the ECMC Rule 211 Hearing:
Fort Collins and Larimer County have discussed working together to file a Colorado Energy and Carbon Management
Commission (ECMC) Rule 211 claim to have all of Prospect Energy’s inactive and low producing wells plugged and
abandoned. An ECMC Rule 211 hearing requires the applicant (the City in this case) to demonstrate that the wells are
not currently “used or useful.” Scheduling a hearing date with the ECMC usually takes between 4-6months and before
staff can schedule a hearing with the ECMC, there is additional analysis work needed to prepare an application. For
example: The Rule 211 claim can only request the plugging of four of the ten Prospect Energy wells within the city
limits. E.g., (4) Pump jacks , but not (6) injection wells.
. . . . . . . . . . . . . . . . . .
Kirk Longstein, AICP
(he/him/his)
Senior Environmental Planner
City of Fort Collins
Direct: 970-416-2865