HomeMy WebLinkAbout930479.tiff RESOLUTION
RE: AUTHORIZE PREPARATION OF A JOINT PETITION TO THE COLORADO OIL AND GAS
COMMISSION FOR HIGH DENSITY DESIGNATION FOR THE GREELEY MID-RANGE EXPECTED
SERVICE AREA AND AUTHORIZE THE CHAIRMAN TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a request to prepare a joint
petition to the Colorado Oil and Gas Commission for high density designation for
the Greeley Mid-Range Expected Service Area, and
WHEREAS, such designation would allow the County of Weld and the City
of Greeley to enforce greater setback and safety requirements on oil and gas
exploration and production, and
WHEREAS, the Board deems it to be in the best interests of the health,
safety, and welfare of the citizens of Weld County, Colorado, to authorize said
request.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that staff be, and hereby is, directed to prepare a joint
petition to the Colorado Oil and Gas Commission for high density designation for
the Greeley Mid-Range Expected Service Area.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said petition.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 26th day of May, A.D. , 1993.
�jlf i‘ditet
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
7
Weld County Clerk to the Board ( .4O.)- :17-1t,> 'F%/'# j/
Cons1.°(
tance L. arbert,/ � / //CChairman
BY: 44.„4-/aa...4.,1-64,-z-tcuty /(/ste Y�l -TemDeputy Clerk to the Board/ W. Webster, P -Tem
L D AS TO FORM: rg
George E. Baxter
� C/J-- 1 l /'- , EXCUSED DATE OF SIGNING (AYE)
ounty'Att rney Dal9 K. Hall
' /0
Barbara J. Kirkmey r
930479
CAC0o5 Cc , ti/?
istart mEmoRAnDum
YII Board of County Commissioners May 25, 1993
To Date
Lee D. Morrison, Assistant County Attorney
COLORADO From
&MulctCo-Petition with City of Greeley to the Colorado
Oil & Gas Conservation Commission
The Board has informally discussed whether or not it wishes to join
with the City of Greeley to co-petition the Colorado Oil & Gas
Conservation Commission for designation of an area in and around
the City of Greeley known as the Mid-Range Expected Service Area.
That area is shown on the attached maps and includes areas inside
and outside the City of Greeley, but does not include all portions
of the City. Certain areas of the City to the north, which is the
Anheuser-Busch annexation, and to the far west are not proposed to
be included within the designation. Should the COGCC accept the
petition and designate the area, oil and gas development would be
subject to additional requirements beyond what is normally
required, including an increased setback from occupied structures .
The actual petition of the Commission is not yet completed, but the
City staff has agreed that language indicating that Weld County is
reserving the right to petition for additional areas within the
County can be included within the petition. With this under-
standing, I would recommend that the Board approve preparation of
a joint petition with the City of Greeley for designation of the
Mid-range Expected Service Area in and around the City of Greeley
as a high-density area within the rules of the Colorado Oil & Gas
Conservation Commission.
LDM/gjb:copetition
Attachment
1
(2?
LMorrison
53c479
t. 4 DO C5
COMMUNITY DEVELOPMENT
City of 1000 10TH STREET, GREELEY, COLORADO 80631 (303) 350-9780,
Greeley
May 21, 1993
TO: Paul Grattet, City Manager
FROM: Rebecca L. Safarik, Community Development Director
SUBJECT: A Resolution Authorizing City Staff to Pursue an
Application to the Colorado Oil and Gas Conservation
Commission Designating a Portion of the City of Greeley
as a "High Density Area" .
Attached is a resolution which would authorize the City of Greeley
planning and legal staff to pursue the designation of the City of
Greeley Mid-Range Expected Service Area (MRESA) as a "High Density"
area by the Colorado Oil and Gas Conservation Commission. High
density designation will allow both the State of Colorado and the
City of Greeley to require greater set back and safety requirements
on oil and gas exploration and production equipment and facilities
within that designated area.
The MRESA was initially developed as part of the Greeley 1986
Comprehensive Plan. The MRESA includes not only the urban core of
Greeley but also designates the area necessary to accommodate the
anticipated residential, commercial, industrial and mixed-use
developments over the next five years (1994-1998) . The MRESA is
updated annually by the Greeley Planning Commission as part of its
Capital Improvement Program (CIP) thus allowing a natural and easy
adjustment of the high density area. The Greeley Planning
Commission adopted the MRESA boundaries for the 1994-1998 Capital
Improvements Plan in February 1993. The Colorado Oil and Gas
Commission staff has indicated that the use of the MRESA appears
to be logical, practical and supportable, as a high density
designation area.
The involvement of the City of Greeley in the regulation of oil and
gas drilling and production over the last ten years has been
significant as shown below:
1982 Greeley adopts fire code oil and gas restrictions
1984-1985 Gas well explosion in La Salle and other oil fires
in Greeley area raises concern by Greeley citizens
about oil and gas exploration and production in
Greeley
/
920179
CITY OF GREELEY, COLORADO
RESOLUTION NO. , 1992
A RESOLUTION AUTHORIZING CITY STAFF TO PURSUE AN APPLICATION TO THE
COLORADO OIL AND GAS CONSERVATION COMMISSION DESIGNATING A PORTION
OF THE CITY OF GREELEY AS A "HIGH DENSITY AREA" .
WHEREAS, the City of Greeley is primarily an urban area; and
WHEREAS, the Colorado Oil and Gas Commission has authority to
designate certain areas "high density areas" for purposes of oil
and gas exploration; and
WHEREAS, such designation will allow both the State of
Colorado and the City to enforce greater set back and safety
requirements on oil and gas exploration and production; and
WHEREAS, such designation would be in the best interests of
the health, safety, and welfare of the people of the City of
Greeley, and Weld County, Colorado.
BE IT THEREFORE RESOLVED BY THE CITY COUNCIL OF GREELEY,
COLORADO:
1. That the City staff is authorized to pursue an application
with the Colorado Oil and Gas Commission to designate as much of
the City of Greeley as is appropriate, a "high density area" .
2 . City staff is to keep City Council informed as to the area
requested for designation as a "high density area, " and the
progress of the application, and hearing dates.
PASSED AND ADOPTED, SIGNED AND APPROVED this
day of
19
ATTEST: CITY OF GREELEY, COLORADO
City Clerk By:Mayor
Mayor
93079
Sept. 1985 Greeley bans oil and gas drilling in the City by
means of a citizen initiated ordinance.
Nov. 1985 Greeley citizens affirm in a referendum by a large
margin the oil and gas drilling ban in the City.
Civil lawsuits are filed against City by property
owners claiming damages and lost revenues.
1987 Greeley modifies its ban on oil and gas drilling in
all zones to allow drilling and production in
industrial zones only. Colorado Oil and Gas
Commission files suit challenging the City's
authority to ban drilling and questions
reasonableness of ban.
1992 Colorado Supreme Court rules that Greeley can
regulate oil and gas drilling , but that a total
ban in nonindustrial zones is in conflict with state
law.
1993 Greeley has 58 oil and gas wells.
The City of Greeley and Weld County would request the high density
designation because:
1. The level of oil and gas exploration in Weld County has
significantly increased in the last year. More particularly,
there has been increased interest in oil and gas exploration
in Greeley's urbanized MRESA;
2 . Chapter 18 of the Greeley Zoning Code which governs oil and
gas drilling in Greeley is in question because of recent
decisions by the Colorado Supreme Court; and,
3 . The high density designation is a method of regulation
established by the Colorado State Oil and Gas Conservation
Commission. If the designation is granted by the Commission,
the high density designation would allow the application of
a higher safety standard by the City, Weld County and State
for oil and gas exploration and extraction operation in
urbanized areas. The higher safety standards allow greater
setback requirements of oil and gas drilling and production,
as well as the requirement of additional safety equipment and
procedures as shown below:
- Section 18. 40.230 of the Greeley Zoning Code sets forth
setback distances (typically 300 feet from occupied
buildings) with respect to oil and gas facilities located
on property zoned for industrial use.
- The rules of the Oil and Gas Conservation Commission
generally establish setback requirements of 150 feet in
non-high density areas and 350 feet in high density
areas. Also, high density areas have an increased set
9304'79
back from property lines and a notification requirement
for adjacent surface property owners. The Commission
rules also allow the requirement of additional safety
equipment and procedures to reduce the hazard of
explosions and other health and safety risks in a high
density area.
- The higher level of safety provided by the high density
setback, equipment, safety and notification standards
more reasonably restricts oil and gas exploration in
existing and potential urbanized areas.
Four oil and gas exploration sites in the last six months have been
considered by companies in the Greeley MRESA in residential or
commercial areas. The staff for the City and County are concerned
that, without the high density designation, increased safety risks
allowed by inadequate low density set backs for oil and gas
exploration in high density areas will increase.
The resolution submitted for approval by City Council has been
reviewed and commented on by the Greeley Planning Commission. The
Weld County Commissioners at their May 26, 1993 meeting will
formally agree to become co-applicants with the City of Greeley for
the high density designation of the MRESA. Weld County will be
requesting high density designation for the unincorporated portions
of Weld County within the MRESA. Weld County will be applying for
high density designation for additional areas in a separate
application. The process, resolution and all related matters have
been developed in cooperation and with approval of the City and
Weld County Legal Departments.
In addition to pursuing the high density designation, the City of
Greeley staff will be recommending modifications to the City's
existing zoning code with respect to oil and gas activities. By
these actions Greeley will be taking the lead in the effort to
develop a model city and county ordinance for oil and gas
exploration.
920.179
Z. <441\
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