HomeMy WebLinkAbout992779.tiff ORDINANCE NO. 89-KK
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF
Jc , CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO.
89-JJ, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND
ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of
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 of County Commissioners has the power and authority, under the
Weld County Home Rule Charter and State statute, including Article 28 of Title 30 C.R.S., as
amended, to adopt zoning regulations for the unincorporated areas of the County of Weld,
State of Colorado, and
WHEREAS, the Board of County Commissioners of the County of Weld, State of
Colorado, has previously adopted Ordinance No. 89-JJ, Weld County Zoning Ordinance,
establishing a comprehensive revision of the Zoning Ordinance and zoning maps for
unincorporated areas of the County of Weld, and
WHEREAS, said Ordinance No. 89-JJ is in need of revision and clarification with regard
to certain procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89-JJ
be, and hereby are, repealed and re-enacted, with amendments, and the various sections are
revised as follows:
ADD SECTION 84 to read as follows:
84 Relationship to Other Ordinances
The Building Inspection Department shall withhold issuance of Building
Permits if the use of the property does not conform to the terms set forth
in this Ordinance and any other specified Weld County Ordinance where
made applicable by the terms set forth in the specified Ordinance
including, but not limited to, Ordinance No. 197 (PUD), Ordinance No.
191 (MUD), Ordinance No. 119 (BUILDING CODE), Ordinance No. 173
(SUBDIVISION), Ordinance No. 210 (WINDSOR SERVICE AREA ROAD
IMPACT FEE PROGRAM), and Ordinance No. 211 (SOUTHWEST
WELD SERVICE AREA ROD IMPACT FEE PROGRAM).
AMEND SECTIONS 31.5.5 and 36.3.12 to read as follows:
No BUILDING or STRUCTURE as defined and limited to those occupancies
listed as Groups A, B, E, H, I, M, and R in Table 3-A of the 1997 Uniform
Building Code, shall be constructed within a 200-foot radius of any tank battery
or 150-foot radius of any wellhead. Any construction within a 200-foot radius of
any tank battery or 150-foot radius of any wellhead shall required a variance
from the terms of this Ordinance in accordance with Section 61.3.
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ORDINANCE #89-KK
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AMEND SECTION 61.3 to read as follows:
The Board of Adjustment has the power to hear and decide appeals for variance
from the terms of this Ordinance and the PUD Ordinance or MUD design
standards as the PUD or MUD Ordinances are applied to individual lots or
parcels. Appeals for variance may be brought to the Board of Adjustment when,
because of special conditions relating to the subject land, a literal enforcement of
the provisions of these Ordinances would result in unnecessary hardship to the
appellant.
BE IT FURTHER ORDAINED by the Board that an emergency exists inasmuch as Road
Impact Fees shall become effective December 1, 1999; therefore, this Ordinance is declared to
be an Emergency Ordinance under the provisions of Section 3-14 of the Weld County Home
Rule Charter.
BE IT FURTHER ORDAINED by the Board that this Ordinance shall become effective
on December 1, 1999, as provided by Section 3-14(6) of the Weld County Home Rule Charter.
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph,
sentence, clause, or phrase of this Ordinance is for any reason held or decided to be
unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The
Board of County Commissioners hereby declares that it would have enacted this Ordinance in
each and every section, subsection, paragraph, sentence, clause, and phrase thereof
irrespective of the fact that any one or more sections, subsections, paragraphs, sentences,
clauses, or phrases might be declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 89-KK was, on motion duly made and
seconded, adopted by the following vote on the 17th day of November, A. D., 1999.
BOARD OF COUNTY COMMISSIONERS
,:Isce4.2)/A \7.E.1:. LD COUNTY, CO :Rip
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F 'r (t °s ale K. Hall, Chair i
Weld County Clerk to the S6J4 /
A �:1 ��, �77`LL(L i U it Ait Li
(�Q�, /�� arbara J. Kirkmey P �ml
BY: -GGC/�f; 6r . ,gyp C
Deputy Clerk to the Boar N( ll 7* . A- n
Georg axter
APP VED AS TO FORM: � 7ttedv
M. J. Geile
e 11 OciAA41/\----- AlLe
ounty Attorn'y
Glenn V -
Read and Approve: November 17, 1999
Publication: November 25, 1999, in the South Weld Sun
Effective: December 1, 1999
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From: <KWonstolen@aol.com>
To: <charding@co.weld.co.us>
Date: 11/12/99 3:02pm
Subject: Weld County Ordinance#89-KK
The Colorado Oil & Gas Association submits the following comments for the
case file in this matter:
1. A 150' radius does not preserve an adequate area around a wellhead to
allow for reasonable access and use of the surface to conduct workover,
frac'ing, refrac'ing or plugging and abandonment operations. A 200' radius
is the minimum distance to preserve adequate space to safely and efficiently
conduct such operations, including, of course, an adequate access corridor to
the wellsite. 150' may be adequate for separation of structures from tank
batteries and separators from a workspace standpoint, although 200' would be
preferable from a safety buffer perspective and would result in a consistent
setback rule.
2. The Colorado Oil and Gas Conservation Commission's "high density area"
rule (603.b) provides for a 350' setback from occupied structures for new
wells constructed in designated areas. This additional setback beyond the
safety buffer otherwise justified by the rulemaking record was a concession
by industry. COGA believes that should Weld County adopt a lesser setback
for encroaching high density surface development, it would provide grounds
for operators seeking a variance from the COGCC high density setback for
wells in Weld County. It is COGA's understanding, however, that individual
encroaching high density subdivision/PUD applicants could (and should) be
required to adhere to a 350' setback as a condition of approval. COGA
requests that this be made clear in the hearing record on the proposed
amendment.
Thank you for your consideration of these comments.
Contact: Ken Wonstolen, Senior Vice President & General Counsel
303.861.0362
CC: <dsiple@patinaoil.com>, <rich.griebling@state.co.u...
1 � 779
From: "David Siple" <DSIPLE@patinaoil.com>
To: <charding@co.weld.co.us>
Date: 11/16/99 12:02pm
Subject: Weld County Ordinance # 89-KK
Patina Oil & Gas Corporation submits the following comments for the case file in this matter:
1. A 150' radius does not preserve an adequate area around a wellhead to allow for reasonable
access and use of the surface to conduct workover, recompletion, deepening or plugging and
abandonment operations. A 200' radius is the minimum distance to preserve adequate space
to safely and efficiently conduct such operations, including, of course, an adequate access
corridor to the wellsite. 150' may be adequate for separation of structures from production
facilities from a work space standpoint, although 200' would be preferable from a safety buffer
perspective and would result in a consistent setback ordinance.
Thank you for your consideration of these comments.
David W. Siple, Vice President Land, 303-389-3668
192777
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