HomeMy WebLinkAbout116 - 09/19/2023 - AMENDING CHAPTER 2, ARTICLE III, DIVISION 2 OF THE CODE OF THE CITY OF FORT COLLINS TO MODIFY TYPE 1ORDINANCE NO.116,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE REGARDING BUFFERING BETWEEN
BUILDINGS WITH OCCUPIABLE SPACE AND OIL AND GAS FACILITIES
WI{EREAS,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
WI-IEREAS,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,several active oil and gas facilities are located in the northern part of the
City;and
WI-IEREAS,several active oil facilities are located within the City’s Growth
Management Area in unincorporated Larimer County;and
WHEREAS,there is potential for additional oil gas activity within the City and within
the City’s Growth Management Area;and
WHEREAS,oil and gas facilities are an industrial use that can pose serious health risks to
humans and damage to the environment from the potential release of chemicals and potential
accidents,including fires and explosions;and
WHEREAS,the buffer distances between proposed buildings containing habitable space
and existing oil and gas facilities align with and are based upon the required distances between
proposed oil and gas facilities and existing development adopted in City Council Ordinance No.
151,2022;and
WHEREAS,the Planning and Zoning Commission at its July 20,2023,regular
meeting unanimously recommended that City Council adopt the proposed buffer standards
and amend the existing Land Use Code;and
WHEREAS,it is necessary to impose the buffers set forth in this Ordinance between
proposed buildings containing habitable space and existing oil and gas facilities to protect the
public health,safety,and welfare from the risks posed by oil and gas facilities.
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.
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Section 2.That Section 3.8.26 of the Land Use Code is hereby amended to read as
follows:
3.8.26 Buffering Between Residential and Industrial Uses
(A)Applicability.These standards apply only to applications that include residential
uses proposed to be located in proximity to existing industrial uses.Buffering
between buildings containing occupiable space and oil and gas facilities is
addressed in Section 3.8.36.
(B)Purpose.The purpose of this Section is to provide standards to separate residential
land uses from existing industrial uses in order to eliminate or minimize potential
nuisancessuch 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 dangerfrom fires or explosions.
(C)Buffrr 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 I below.Buffer yard distances are
established in Chart 2 below and specii~’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 areseparated by a major collector street,arterial street,
or highway.
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
-2-
Reavy 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
kgricultural research laboratories High B
Resource extraction Very High C
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 Option Width Plant Option:‘OpiiJi!iAaii3’
linearfeet along affected property line)*Multiplier**Add 6’Berm or 6’
Wall 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°c Type 1,67°c Type 2)40 feet .50
Buffer Yard B:15 feet 1.25
20 feet 1.00
25 feet .90
4ShadeTrees 30feet .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
SShadeTrees 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
*“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 Article 3 of the Land Use Code is hereby amended by the addition of
a new Section 3.8.36 which reads in its entirety as follows:
3.8.36 Buffering Between Buildings with Occupiable Space and Oil and Gas Facilities
(A)Applicability.These standards apply to all applications to construct buildings
containing occupiable space and existing buildings containing occupiable space
within the oil and gas buffer of an existing oil and gas facility regardless of whether
such oil and gas facility is located within or outside of the City limits.These
standards also apply to common outdoor areas within an oil and gas buffer.
(1)Any applicant that submitted an application prior to September 29,2023,to
construct a building containing occupiable space may construct such
building within an oil and gas buffer upon satis~ing all applicable Code
requirements for approval.However,any lot upon which such building is
placed is subject to the restriction described in Subsection (E)(3)and
disclosures in Subsection (F).
(2)Any existing building containing occupiable space constructed within an oil
and gas buffer pursuant to an approved application submitted prior to
September 29,2023,is exempt from the restriction on such building in an
oil and gas buffer.However,any lot upon which the building is placed is
subject to the restriction described in Subsection (E)(3)and disclosures in
Subsection (F).
(B)Purpose.The purpose of this Section is to protect public health and safety by
providing spacing and regulating certain uses within oil and gas buffers to reduce
adverse impacts of noise,odor air pollutants soil-gas contaminants,groundwater
contaminants,hazardous materials,or danger from fires or explosions.
(C)General Standard.Proposed development shall ensure that the risk to public health
and safety is sufficiently mitigated from all extended exposure to the main
pollutants resulting from oil and gas production,including but not limited to heavy
metals,salts,oil and grease (O&G),benzene,toluene,ethylbenzene and xylene
(BTEX),total petroleum hydrocarbon (TPH),and polycyclic aromatic hydrocarbon
(PAH5).Proposed development must ensure that any potential contaminants
associated with existing oil and gas facilities and located on the development site
are within the acceptable limits of applicable local,state and federal soil-gas,
groundwater,and air quality regulations and standards,including,but not limited
to,those regulating odor,dust,fumes,or gases which are noxious,toxic or
corrosive,and suspended solid or liquid particles.
(D)Oil and Gas Buffrrs.This Subsection establishes oil and gas buffers for different
oil and gas facilities,and applicable development standards within such buffers are
set forth in Subsection (E).
(1)Oil and Gas Buffer Well Not Abandoned.The oil and gas buffer for an oil
and gas facility whose well is not abandoned shall extend from the outer
edge of the oil and gas location for two thousand (2000)feet in all directions.
The Planning and Zoning Commission may grant a modification of
standards pursuant to Division 2.8 to reduce the two thousand (2000)foot
distance to no less than five hundred (500)feet provided the applicant
provides a Phase II Environmental Site Assessment as part of the
modification request showing that levels of oil and gas contaminants,if any,
are within Federal Environmental Protection Agency or State health
department standards,whichever ensures greater public health protections.
Any approved modification shall require as a condition that the applicant
annually provide a Phase II Environmental Site Assessment for five (5)
years from the issuance of a development construction permit.Initial
baseline samples and subsequent monitoring samples shall be collected
within one-half (1 2)mile radius of the existing well location.If the main
pollutants resulting from oil and gas production described in Subsection (C)
are identified at the time of assessment,such pollutants must be remediated
by the development applicant per Federal Environmental Protection Agency
or State health department standards,whichever ensures greater public
health protections.
(2)Oil and Gas Buffer Abandoned Well,Not Reclaimed.For oil and gas
facilities consisting of an abandoned well that have not been reclaimed
pursuant to Section 3.12.6,the oil and gas buffer shall extend five hundred
(500)feet in all directions as measured from the center of the well bore.
Development plans that include an abandoned well that has not been
reclaimed must provide a Phase II Environmental Site Assessment as part
of the application showing that levels of oil and gas contaminants,if any,
are within Federal Environmental Protection Agency or State health
department standards,whichever ensures greater public health protections.
The approved application shall require as a condition that the applicant
annually provide a Phase II Environmental Site Assessment for five (5)
years from the issuance of a development construction permit.Initial
baseline samples and subsequent monitoring samples shall be collected
within one-half (1 2)mile radius of the existing well location.If the main
pollutants resulting from oil and gas production described in Subsection (C)
are identified at the time of assessment,such pollutant must be remediated
by the development applicant per Federal Environmental Protection Agency
or State health department standards,whichever ensures greater public
health protections.This buffer is not subject to the modification of standards
process.
(3)Oil and Gas Buffer Abandoned Well,Reclaimed.For oil and gas facilities
consisting of abandoned wells that have been reclaimed pursuant to Section
3.12.6,the oil and gas buffer shall extend one hundred and fifty (150)feet
in all directions as measured from the center of the well bore.Development
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plans that include an abandoned well that has been reclaimed must provide
a Phase II Environmental Site Assessment as part of the application and a
second Phase II Environmental Site Assessment must be provided five (5)
years after a Development Construction Permit is issued.If the main
pollutants resulting from oil and gas production described in Subsection (C)
are identified at the time of assessment,such pollutants must be remediated
by the development applicant per Federal Environmental Protection Agency
or State health department standards,whichever ensures greater public
health protections.This buffer is not subject to the modification of standards
process.
(E)Oil and Gas Buffer Standards.
(1)Except as stated in (E)(3)below,no portion of a building that contains
occupiable space may be located within an oil and gas buffer.
(2)After September 29,2023,permanent playgrounds,play structures,
recreational fields,or permanent community gathering spaces may not be
placed within any portion of a homeowner’s association,special district or
City owned or maintained common area located within an oil and gas buffer.
Development applications submitted prior to September 29,2023,to place
or construct any of the improvements described in this Subsection (2),and
City parks planned as of September 29,2023,to serve already approved
development,are not subject to this restriction.
(3)Exceptions to Restriction on Buildings Containing Occupiable Space
Within an Oil and Gas Buffer.
(a)Any applicant that submitted an application prior to September 29,
2023,to construct a building containing occupiable space may
construct such building within an oil and gas buffer upon satisfying
all applicable Code requirements for approval.However,no
additional building containing occupiable space for which an
application was submitted after September 29,2023,may be
constructed on any portion of the same lot located within an oil and
gas buffer.
(b)Any existing building containing occupiable space constructed
within an oil and gas buffer pursuant to an approved application
submitted prior to September 29,2023,is exempt from the restriction
on such building within an oil and gas buffer.However,no
additional building containing occupiable space for which an
application was submitted after September 29,2023,may be
constructed on any portion of the same lot located within an oil and
gas buffer.
(F)Disclosure.The following disclosure requirements shall apply to any real property
upon which a building containing occupiable space is or may be located within any
oil and gas buffer described in Subsection (D):
(1)At such time as the real property to be developed is platted or replatted,the
plat shall show the oil and gas buffer on the property and shall contain a
note informing subsequent property owners that certain lots shown on the
plat are within an oil and gas buffer.
(2)For residential developments requiring a declaration pursuant to the
Colorado Common Interest Ownership Act,a statement shall be included in
such declaration speci1~’ing the lots within an oil and gas buffer upon which
buildings containing occupiable space may be constructed.The approved
plat for such 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 an oil and gas buffer.
(3)Sellers and lessors of any real property within an oil and gas buffer must
provide the following written notice of material facts related to oil and gas
facilities identified by environmental site assessments the disclosure notice
must be provided in at least fourteen (14)point font to any potential
purchaser who intends to resell,occupy and/or lease the property prior to or
as part of the purchase or rental agreement:
As required by 3.8.36 of the Fort Collins Land Use Code,notice is
hereby given that [insert description of lot]is within [insert buffer
standard set forth in Subsection ~‘D)including well status and
distance from wellj At the time of [sale or lease],environmental
assessments,studies or reports done involving the physical
condition of the Property impacted by oil and gas production are
within the acceptable Environmental Protection Agency limits.For
more information contact the City of Fort Collins Environmental
Planner or the Energy and Colorado Carbon Management
Commission formerly known as the Colorado Oil and Gas
onservation Commission.
The above notice shall be provided by the prospective seller or lessor to the
prospective buyer or lessee of real property no less than thirty (30)days
before closing or such shorter time period agreed to by the parties and shall
be provided before the signing of any purchase,sale,or rental agreement
for the subject property.
Section 4.That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Occupiable space”which reads in its entirety as follows:
Occupiable space shall mean,as defined in the version of the International Building Code
adopted in Chapter 5 of the Code of the City of Fort Collins,a room or enclosed space
designed for human occupancy in which individuals congregate for amusement,
educational or similar purposes or in which occupants are engaged at labor,and which is
equipped with means of egress and light and ventilation facilities meeting the requirements
of this code.
SectionS.That Section 5.1.2 of the Land Use Code is hereby amended by the addition
of a new definition “Oil and gas buffer”which reads in its entirety as follows:
Oil and gas buffer shall mean the area located on a development site formed by measuring
two thousand (2000)feet in all directions from an oil and gas facility location or,as
applicable,the area located on a development site formed by measuring two thousand
(2000)feet in all directions from the middle of an oil and gas facility well bore.
Introduced,considered favorably on first reading
September,2023,and to be presenPdsfó~ii~aLpassage on
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ATTEST:II •..0 d~’
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City Clerk —
and ordered published this 5th day of
the 19th day of Septe •-r,2023.
Passed and adopted on final reading this 19th day of September,202
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ATTEST:
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City Clerk