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Planning Commission <br />Meeting Minutes <br />September 12t", 2019 <br />Page 3 of 12 <br />Kelly replied that the City was not authorized to ban oil and gas operations. She noted <br />that it was not a bright line and there were some jurisdictions that had enacted 12- <br />month moratoria. A 6-month moratorium also created a record of the City's efforts in <br />those times in case of the need for an extension. <br />Brauneis asked about the language that referenced Boulder County. <br />Kelly replied that it was based on a provision from Boulder County's language to <br />preserve the public's health and welfare. <br />Brauneis asked about the well permit filed in 1999. <br />Kelly and Ritchie explained that there was property that was rezoned and intended for <br />drilling but that was never fulfilled. <br />Brauneis asked about the 1995 update to the Municipal Code, which allowed drilling in <br />all zones. <br />Kelly replied that that period of time there were a few significant court decisions that <br />dealt with "operational preemption" and the limits of what a local government could <br />regulate. That ordinance change was in response to the authority change in the courts, <br />such that the City was no longer allowed to limit drilling to agricultural zones. <br />Moline asked if directional drilling would change those regulations and allowances. <br />Kelly responded that they would learn more about the breadth of authority in SB if it got <br />tested in the courts. She noted that directional drilling and other technological changes <br />could allow a surface location within the City of Louisville to be directionally drilled to a <br />reservoir outside of the City. <br />Brauneis asked about the setbacks. <br />Kelly replied that they corresponded to the existing ordinance. <br />Williams asked if the buffer could change once staff reviews the ordinance in the future. <br />Kelly replied that there were no plans to change the regulations in the future. The <br />operator registration was intended to trigger a review of the ordinances. There was no <br />telling when, if ever, that would happen. <br />Brauneis asked for public comment. <br />Ron Spaulding, 597 Casper Drive in Lafayette, stated that his family lived in Louisville <br />and he encouraged the Commission to endorse this proposal. A few localities have <br />enacted stricter legislation, but he did not think the City needed to go there yet. The <br />moratorium was a good, preemptive tool. He noted that it did take quite a bit of time and <br />effort to rework regulations. <br />5 <br />