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Legislation Details
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File #:
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Ordinance 1891
Version:
1
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Name:
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Oil and Gas LDC Agreement
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Type:
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Ordinance
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Status:
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Passed
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On agenda:
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7/2/2012
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Final action:
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7/2/2012
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Title:
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AN ORDINANCE AMENDING ARTICLES III, V AND XI OF THE CITY’S LAND DEVELOPMENT CODE TO REVISE AND ADD REGULATIONS RELATING TO SUBSURFACE EXTRACTION AND OIL AND GAS EXPLORATION
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Attachments:
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1. Ordinance, 2. Minutes, 3. Staff Report, 4. List of Exhibits, 5. Article III, 6. Article V, 7. Extraction Agreement, 8. Introduction, 9. Backround, 10. Existing Wells Map, 11. Map of Available Locations, 12. Existing Regulations, 13. AG Letter, 14. COGA Letter, 15. Public Outreach Summary
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Title
AN ORDINANCE AMENDING ARTICLES III, V AND XI OF THE CITY’S LAND DEVELOPMENT CODE TO REVISE AND ADD REGULATIONS RELATING TO SUBSURFACE EXTRACTION AND OIL AND GAS EXPLORATION
Body
Subject: Oil and Gas Amendments to the LDC
Presenter: Chris Cramer, Interim Community Development Director
Recommended City Council Action:
Approval, per Planning Commission Recommendation.
Summary Statement:
On December 19, 2011, City Council passed on first reading an ordinance to establish a moratorium on oil and gas activity. Subsequently, City Council continued the second reading of the moratorium multiple times to allow staff, community members and representatives of the industry to work towards new regulations regarding oil and gas drilling. An Oil and Gas Land Use Committee was formed with the intent of working towards these new regulations. On February 27, 2012, City Council voted to end the activities of the Oil and Gas Land Use Committee, and directed staff to propose amendments to the existing oil and gas regulations within the Land Development Code (LDC), and to create a Memorandum of Understanding (MOU) with the oil and gas operators who are active, or will be active, in Commerce City after outreach to various stakeholders.
An internal team with representatives from the City Manager’s Office, Public Works, Planning, and the City Attorney’s Office was formed. The team has researched existing oil and gas regulations from jurisdictions throughout Colorado, and reviewed state-wide oil and gas regulations established and administered by the Colorado Oil and Gas Conservation Commission (COGCC). Additionally, staff has met with concerned members of the public and discussed possible solutions with members of the oil and gas industry. As a result of this process, staff has constructed a new regulatory approach for the Planning Commission and City Council to consider. This approach includes utilizing the state's LGD process, amendments to the City's LDC regarding oil and gas operations, and utilizing a negotiated Extraction Agreement (EA) process. The purpose of these staff reports and attachemtns is to provide City Council with an overview of the issues, identify key impacts, and outline the new regulatory approach, with specific emphasis or changes to the LDC in preparation for a motion on this request.
Next Steps:
Expenditure Required: N/A
Source of Funds: N/A
Policy Issue: N/A
Alternative: One option would be for City Council to approve the request as submitted by the applicant; a second option would be to approve the request subject to conditions; a third option would be for City Council to deny the request.
Background Information:
Please see attached Planning Commission minutes for detailed background and discussion.
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