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Home My WebLink About108 - 08/20/2013 - AMENDING THE LAND USE CODE TO INCLUDE ADDITIONAL REGULATIONS FOR DEVELOPMENT IN CLOSE PROXIMITY TO O ORDINANCE NO. 108, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE TO INCLUDE ADDITIONAL REGULATIONS FOR DEVELOPMENT IN CLOSE PROXIMITY TO OIL AND GAS OPERATIONS WHEREAS, oil and gas operations have existed within City limits for many years; and WHEREAS, the Land Use Code contains residential setback requirements from existing oil and gas operations that are inconsistent with statewide setback regulations; and WHEREAS, the City Council has determined that the Land Use Code should be amended to increase residential setbacks from existing oil and gas operations to comport with the setback requirements promulgated by the Colorado Oil and Gas Conservation Commission in order to better protect the public health and safety of residents in close proximity to oil and gas operations; and WHEREAS, the proposed regulations require that notice be ,given to residents and potential buyers of existing oil and gas operations, that fencing to restrict access to the existing operation be provided, and that aesthetic improvements including trees, shrubs, berms, and walls be made so as to further enhance the public health, safety and welfare; and WHEREAS, after extensive public input has been received and upon the favorable recommendation of the Planning and Zoning Board, the City Council has determined that it is in the best interest of the City that these proposed amendments be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 3.8.26(C)(2) of the Land Use Code is hereby amended to read as follows: (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. Section 2. That Section 3.8.26(C) of the Land Use Code is hereby amended by the addition of a new subparagraph (4) which reads in its entirety as follows: (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 the distance from the outer edge of an existing oil and gas operation site to the nearest wall or corner of 1 any occupied building proposed in the residential development. The term "existing oil and gas operation site" shall include the impact area of any well that has received all required permits prior to submission of the residential development plan, even if drilling has yet to occur on the site. Buffer Yard D areas may include paved areas, notwithstanding subsection (1) above. (b) Disclosure. If any residential development is proposed to be located within one thousand (1,000) feet of an existing oil and gas operation, then at such time as the =property to be developed is platted or replatted, the plat shall show the one thousand (1,000) foot radius from such well 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 operation. (c) Fencing. If any residential development is proposed to be located within five hundred (500) feet of an existing oil and gas operation, and if an existing fence does not surround the oil and gas operation, a fence must be erected by the developer along the property boundary between the oil and gas operation and the development that restricts public access to the oil and gas operation. Section 3. That Chart 1 contained in Section 3.8.26 of the Land Use Code is hereby amended to.read as follows: 2 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 Very High D plugged and abandoned wells Transportation terminals(truck, High B container storage) Warehouse&distribution facilities High B Workshops and custom small industry Medium A Section 4. That Chart 2 contained in Section 3.8.26 of the Land Use Code is hereby amended to read as follows: 3 Chart 2 Buffer Yard Types Type-Base Standard(plants Option: Add per 1001inear feet along Plant Option. Add 6' 3'Bean or 6' affected property line)` Option Width Multiplier— Wall Fence Buffer Yard A: 15 feet 1.00 3 Shade Trees 20 feet .90 2 Ornamental Trees or 25 feet .80 .65 .80 Type 2 Shrubs— 30 feet .70 3 Evergreen Trees 35 feet .60 15 Shrubs(33%Type 40 feet .50 1, 67%Type 2) Buffer Yard B: 15 feet 1.25 20 feet 1.00 - 4 Shade Trees 25 feet .90 4 Ornamental Trees or 30 feet .80 .75 .85 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 5 Shade Trees 30 feet .90 6 Ornamental Trees 35 feet .80 .75 .85 or Type 2 Shrubs 40 feet .70 4 Evergreen Trees 45 feet .60 30 Shrubs(Type 2) 50 feet .50 Buffer Yard D: 350 feet 1.25 .75 .85 6 Shade Trees 375feet 1.00 7 Ornamental Trees or Type 2 400 feet .90 Shrubs*** 425 feet .80 5 Evergreen Trees 450 feet .70 35 Shrubs(Type 2) 475 feet .60 500 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 I: 4'-8'High Type 2: Over 8'High Section 5. That Section 5.1.2 of the Land Use Code is hereby amended by the addition of following new definitions which read in their entirety as follows: Oil and gas operation shall mean exploration for oil and gas, including the conduct of seismic operations and the drilling of test bores; the siting, drilling, deepening, recompletion, reworking, or abandonment of an oil and gas well, underground injection well, or gas storage well; production operations related to any such well including the installation of flow lines and gathering systems; the generation, transportation, storage, treatment, or disposal of exploration and production wastes; and any construction, site preparation, or reclamation activities associated with such operations. 4 Section 6. That the definition "Resource extraction, process and sales' contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Resource extraction, processes and sales shall mean removal or recovery by any means whatsoever of sand, gravel, soil, rock, minerals, mineral substances or organic substances other than vegetation, from water or land on or beneath the surface thereof, exposed or submerged, but does not include oil and gas operations. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. SF FORT U-110 rV.' '•N #ao ATTEST: 5EAL j GZ� �GL1� QRP,OO. City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. O f0Rj M yor ATTEST: �`p,AJL t� I/✓ C, . City Clerk ` Ra O 5