File #: ID-09-15    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 3/10/2015 In control: City Council
On agenda: 4/7/2015 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON AMENDING CHAPTER 17 OF THE BRIGHTON MUNICIPAL CODE, COMMONLY KNOWN AS THE LAND USE AND DEVELOPMENT CODE, PROVIDING FOR THE REPEAL OF SEC. 17-20-70, OIL AND GAS WELLS IN ITS ENTIRETY AND READOPTION AS SEC. 17-20-70, SET BACKS, OIL/GAS FACILITIES; THE ADOPTION OF A NEW ARTICLE 17-64, OIL AND GAS FACILITIES REQUIRING CONDITIONAL USE APPROVAL FOR OIL AND GAS WELLS AND OTHER RELATED FACILITIES OR ADMINISTRATIVE APPROVAL BY MEMORANDUM OF UNDERSTANDING APPROVED BY THE CITY MANAGER; SETTING FORTH APPLICATION REQUIREMENTS, GENERAL STANDARDS, PLANS FOR SITE DEVELOPMENT, ENVIRONMENTAL PROTECTIONS, CONTROL OF NUISANCES, TRAFFIC PROTECTIONS, PROHIBITED FACILITIES, FEES, CITY INSPECTION, APPEALS, ENFORCEMENT; AMENDING SEC. 17-8-30. PROCEDURES REQUIRING A MAP OF OIL AND GAS FACILITIES AND NEIGHBORHOOD NOTICE; AMENDING SEC. 17-12-20. DEFINITIONS; AMENDING SEC. 17-8-60. CONDITIONAL USE RELATIVE TO ASSIGNABILITY OF A CONDITIONAL USE PERMIT; AMEN...
Attachments: 1. FINAL Oil and Gas Ordinance 150310
Body
Department of Community Development
Reference: Amend Land Use and Development Code Regarding Oil and Gas Regulations

To: Mayor Richard N. McLean and Members of City Council
Through: Manuel Esquibel, City Manager
Prepared By: Holly Prather, AICP, Community Development Director
Margaret Brubaker, Esq., Legal Counsel for the City
Matthew Sura, Esq., Legal Counsel on Oil/Gas Related Matters
Date Prepared: March 10, 2015
PURPOSE
To consider at first reading an ordinance approving an amendment to the Municipal Code, Chapter 17. Land Use and Development Code regarding oil and gas regulations.
Note: The public hearing was held on February 17, 2015 and the City Council voted to continue consideration of the first reading of the ordinance to its regular meeting on March 17, 2015.
UPDATE
As directed by the City Council at the February 17th public hearing, the City Manager and staff met with COGA on Friday, February 27th, Wednesday, March 4th, and via conference call on Monday, March 9th. As a result of those meetings, the ordinance has been further refined, and the revised ordinance is attached for consideration by the City Council. Generally, the revisions are as follows:
1) ? 17-64-110 Preliminary Site Application. Consistent with the City's intent to encourage dialogue between City staff and operators prior to the actual City permitting process, this section of the ordinance has been refined to require a Pre-Application Conference. The goal of the pre-application conference is for City staff and the Operator to review the proposed oil and gas operation to ensure it occurs in a manner that confirms compliance with applicable local, state and federal regulations. The pre-application conference will also provide an opportunity for the Operator and City staff to:
a. Discuss the provisions set forth in Section 17-8-30 of the Code;
b. Review the City's Conditional Use review process so that the applicant can plan its proposed oil and ...

Click here for full text