HomeMy WebLinkAbout048 - 06/05/2012 - ESTABLISHING A MORATORIUM ON THE ACCEPTANCE 0R PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLICATI ORDINANCE NO. 048, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ESTABLISHING A MORATORIUM ON THE ACCEPTANCE O
PROCESSING OF LAND USE APPLICATIONS, PERMIT APPLIC IONS,
AND OTHER APPLICATIONS SEEKING APPROVAL TO C DUCT
OIL AND GAS EXTRACTION OR RELATED OPERA NS
WITHIN THE CITY OF FORT COLLINS
WHEREAS, the City Council recognizes that the mining in stry is important to the Fort
Collins community,but believes that it is also important to minimiz hrough appropriate regulation,
the adverse impacts that mining or any other industry may have the health, safety,and welfare of
the City and its citizens; and
WHEREAS,there has been growing interest in oil d gas resources underlying portions of
the City; and
WHEREAS,the exploration for and extracti of liquid and gaseous hydrocarbon resources
and related activities present health,safety,and w are issues which may currently be inadequately
addressed in the City's zoning and land use re g ations; and
WHEREAS, the present regulatio of the City which relate to oil and gas exploration,
extraction, and related operations and a ivities in the City need to be updated with respect to
regulatory best management practices onsistent with the Colorado Oil and Gas Conservation
Commission Rules, and also be brou t up to date with the current technologies of the oil and gas
exploration and extraction industry, ' order to better preserve and protect the public health, safety,
and welfare of the citizens and ke resources of the City; and
WHEREAS, oil and g exploration, extraction, and related operations and activities may
negatively impact Fort Co ns citizens, the use and integrity of water supplies and water
infrastructure, air quality, ads and transportation infrastructure, wastewater infrastructure, land
resources, wildlife and a thetic values; and
WHEREAS, ction 1.2.2 the City's Land Use Code provides that the purpose and intent of
the City's zoning d land use regulations is to, among other things, minimize the adverse
environmental im cts of development; and
WHE AS, the City's land use regulations for oil and gas exploration, extraction, and
related oper ons and activities need to be comprehensively reviewed to determine whether they are
sufficient protect the public health, safety, and welfare, or whether additional regulations are
necessa to address the impacts of such activities; and
WHEREAS, if land use applications, permit applications, or any other applications for oil
an as exploration,extraction,related operations and activities are approved within the City limits
b ore City staff and the City Council have an opportunity to thoroughly examine the impact of such
FAILED TO PASS ON SECOND READING
6/5/12
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activities and take all steps necessary to protect public health, safety, and welfare, irreparable harm
may be done to the residents of the City; and
WHEREAS, to address this situation, the City Counc/an
and determines th an eight-
month moratorium on the acceptance or processing of any lanplication,permi plications,
or any other application requesting approval to conduct oil exploration xtraction, and
related operations and activities within the City limits is necd reasona for the purpose
of studying the impacts of these types of uses and determinther ad Tonal land use and
zoning regulations are necessary to protect and preserve the ealth, fety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that ittal of land use applications,
permit applications, or applications requesting approval tct oil and gas exploration,
extraction,and related operations and activities within the C' limits may be imminent,and that the
City's existing regulations in this area are outdated a do not contemplate current industry
technologies to properly mitigate impacts of these typ of activities to protect and preserve the
public health, safety, and welfare.
Section 2. That, to address this situa ' n, commencing June 15, 2012, there shall be a
moratorium on the acceptance or processing of y land use application,permit application, or any
other application requesting approval to co ct oil and gas extraction, or related operations and
activities within the City limits. This mora rium shall terminate as of midnight February 15,2013,
or upon the receipt by the City Council a recommendation from City staff and legislative action
taken thereon by the City Council, w ' ever shall first occur.
Section 3. That this O inance shall control over any conflicting ordinance of the City,
but only to the extent of the co ict.
Introduced, conside d favorably on first reading, and ordered published this 15th day of
May, A.D. 2012, and to presented for final passage on the 5th day of June, A.D. 2012.
Mayor
ATTEST:
Inter' City Clerk
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Passed and adopted on final reading on the 5th day of June, A.D. 2012.
Mayor
ATTEST:
Interim City Clerk
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