HomeMy WebLinkAbout107 - 07/16/2013 - ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATI OPTION 2 — EXTEND MORATORIUM TO DECEMBER 31, 2013
ORDINANCE NO. 107, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A MORATORIUM ON THE ACCEPTANCE OR
PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATI S,
AND OTHER APPLICATIONS SEEKING APPROVAL TO COND T
OIL AND GAS EXTRACTION OR RELATED OPERATION
WITHIN THE CITY OF FORT COLLINS UNTIL MIDNIGHT, DECE BER 31, 2013
WHEREAS, the City Council recognizes that the oil and gas in stry is important to the
Fort Collins community, and also recognizes the importance of mini zing, through appropriate
regulation, the adverse impacts that oil and gas exploration and ex ction or any other industry
may have on the health, safety, and welfare of the City and its citi ns; and
WHEREAS, there has been growing interest in the e ploration of oil and gas resources
underlying portions of the City, including property owned b the City; and
WHEREAS, oil and gas exploration, extractio , production, transportation and related
operations and activities, including, without limitatio , all those oil and gas activities regulated by
the Colorado Oil and Gas Conservation Commission (collectively "Oil and Gas Uses") may
negatively impact Fort Collins citizens and the use and integrity of local water supplies and water
infrastructure, air quality, roads and transportation infrastructure, wastewater infrastructure, land
resources, wildlife and aesthetic values; an�
WHEREAS, the health and safety,issues presented by the exploration for and extraction of
liquid and gaseous hydrocarbon resour s and related activities may not be adequately addressed
in the City's zoning and land use regu tions and it is imperative that those regulations be reviewed
in light of current regulatory best nagement practices consistent with the Colorado Oil and Gas
Conservation Commission ("Co mission") Rules and with industry technologies to determine
whether they are sufficient to p tect the public health, safety, and welfare, or whether different or
additional regulations are nec ssary to address the impacts of such activities; and
WHEREAS, if la use applications, permit applications, or any other applications for Oil
and Gas Uses are appr ed within the City limits before City staff and the City Council have an
opportunity to thorou ly examine the impact of such uses and take all steps necessary to protect
the public health, s ety, and welfare, irreparable harm may be done to the residents of the City;
and
WHE AS, municipalities throughout Colorado are struggling to address the potential
adverse im cts of proliferating Oil and Gas Uses in urban and suburban environments on their
citizens' alth, safety, and welfare, and several municipalities have enacted moratoria to allow a
period time to evaluate those impacts of Oil and Gas Uses in order to assess and determine the
appro riate local regulation of such; and
Defeated on First Reading
By a vote of 3-4
July 16, 2013
OPTION 2 —EXTEND MORATORIUM TO DECEMBER 31, 2013
WHEREAS, by Ordinance No. 145, 2012, the City Council imposed a sev -month
moratorium on the acceptance or processing of land use applications, permit appli tions, and
other applications seeking approval to conduct oil and gas extraction or related ope tions within
the City, except for maintenance operations on existing wellheads; and
WHEREAS, by Ordinance No. 057, 2013, the City Council termin ed the moratorium
with regard to all oil and gas operations conducted by Prospect Energy, LC, as long as such
operations are conducted in accordance with the terms and conditions o hat certain Oil and Gas
Operator Agreement between Prospect Energy and the City, dated Ma 9, 2013; and
WHEREAS, said moratorium will expire at midnight, July 1, 2013; and
WHEREAS, although City staff has been diligently researching best practices in this area
and has prepared proposed new regulations, additional research and review are necessary in order
for the City Manager and City Attorney and their respective/staffs to clarify the extent of the City's
legal authority with regard to local regulation of such Oil and Gas Uses and to formulate any
recommended amendments to the City Code to deal wit those uses in an appropriate manner; and
WHEREAS,the Commission has engaged i a rule making proceeding that resulted in new
regulations being established; and
WHEREAS, in preparing its regulatio , the City should consider the new rules that have
been promulgated by the Commission; and
WHEREAS, for the foregoing re ons, the imposition of said seven-month moratorium on
the submission, acceptance, consider on, and approval of any and all applications for City
licenses, permits and other approval related in any way to Oil and Gas Uses within the City,
except on existing well heads, will of allow sufficient time for City staff and the City Council to
further investigate the extent of e City's authority to regulate such uses, to consider any new
regulations adopted by the Co fission, and to develop and implement appropriate regulations;
and
WHEREAS, the y Council has determined that a moratorium extending through
December 31, 2013, is a r asonable period of time and is no longer than necessary for the City to
determine the extent t which Oil and Gas Uses may be locally regulated and to properly
investigate, develop, a d, if appropriate, adopt and implement any local regulations related to Oil
and Gas Uses in FoA Collins in order to protect and preserve the public's health, safety and
welfare; and
WHERE S, existing Oil and Gas Uses in Fort Collins will not be unduly prejudiced by the
imposition of s h a moratorium, since the ongoing operation of such uses will not be prohibited
or terminated b this moratorium; and
Defeated on First Reading
By a'vote of 3-4
July 16, 2013
OPTION 2 — EXTEND MORATORIUM TO DECEMBER 31, 2013
NOW, THEREFORE, BE IT ORDAINED BY THE COUN/arhereby
ITY FORT
COLLINS as follows:
Section 1. That the.preceding recitals contained in this hereby adopted
and incorporated by reference as findings of fact of the City CouncSection 2. That the City Council further hereby finds asa. That the submittal of land use applicatipplications, or
applications requesting approval to conduct oil and gas explor , on, and related
operations and activities within the City limits may be immir} nt, and that the City's existing
regulations in this area do not adequately take into considerate n current industry technologies so
as to properly mitigate the impacts of these types of activiti s and protect and preserve the public
health, safety, and welfare.
b. That a moratorium until midni ht December 31, 2013, on the acceptance or
processing of any land use application, permit ap ications, or any other application requesting
approval to conduct oil and gas exploration, extra ion, and related operations and activities within
the City limits, is necessary and reasonable for e purpose of studying the impacts of these types
of uses and the new rules promulgated by t Colorado Oil and Gas Conservation Commission,
and determining whether additional land us and zoning regulations are necessary to protect and
preserve the public health, safety, and we are.
Section 3. That, to addres this situation, there is hereby imposed, as of the effective
date of this Ordinance, a moratoriu on the acceptance or processing of any land use application,
permit application, or any other a plication requesting approval to conduct an Oil and Gas Use
within the City limits; providedyhowever, that this moratorium shall not apply to applications to
conduct maintenance operations on oil and gas wells existing in the City as of the effective date of
this Ordinance or to any ope tions conducted under the permission and authority of that certain
Amended Operation Agree ent between the City and Prospect Energy, LLC dated May 29, 2013.
This moratorium shall to inate as of midnight December 31, 2013, or on such earlier date as may
be established by the Ci Council by ordinance.
Section 4. That this Ordinance shall control over any conflicting ordinance of the City,
but only to the exte t of the conflict.
Section 5. That if any section, paragraph, sentence, clause or phrase of this Ordinance
is held to be un onstitutional or invalid for any reason, such decision shall not affect the validity or
constitutiona ' y of and shall be severable from the remaining portions of this Ordinance. The
City Counc' hereby declaressthat it would have adopted this Ordinance and each part hereof
irrespectiv of the fact that any other parts may be declared unconstitutional or invalid.
Defeated on First Reading
By a vote of 3-4
July 16, 2013
OPTION 2—EXTEND MORATORIUM TO DECEMBER 31, 201 3
Introduced, considered favorably on first reading, and ordered publishe this 16th day of
July, A.D. 2013, and to be presented for final passage on the 20th day of An st, A.D. 2013.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the Oth day of August, A.D. 2013.
Mayor
ATTEST:
City Clerk
Defeated on First Reading
By a vote of 3-4
July 16,2013