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MEMORANDUM
TO: WELD COUNTY BOARD OF COUNTY
COMMISSIONERS
JIM FLESHER, LONG-RANGE PLANNER
NOVEMBER 21, 2022
ORD2022-08, 1ST READING, SETBACKS
FROM OIL & GAS (CHAPTER 23, ZONING)
FROM:
DATE:
RE:
As was discussed at worksessions on April 25 and September 7 of this year, staff is proposing to
update the zoning code regarding setbacks for occupied buildings from existing oil and gas
facilities. Planning staff met with the director of the Office of Emergency Management, Roy
Rudisill, and the director of Oil and Gas Energy, Jason Maxey, and are proposing a uniform 250
feet from all oil and gas facilities (wells, tanks, separators, etc.) in all zone districts.
Under the current code, setbacks are different in the R zones, and in the other zones they differ
for wells and tanks. Other oil and gas equipment is not addressed. To simplify the code, we
propose having :he uniform setbacks in one section of code (Section 23-4-700) that each of the
zone districts will refer to.
The setback of 250 feet is proposed as this is considered the "hot zone" where most of the
damage would likely occur in the event of a fire or explosion.
For plugged and abandoned wells, the setback would be increased from 25 feet to 50 feet, which
would allow for n-oreroom to place equipment on the well if it requires reworking to ensure it is
plugged.
This provision will not apply to expansion of up to 50 percent of an existing building's footprint.
Also, as with other setbacks and offsets, property owners would have the option of applying for a
variance from the Board of Adjustment. However, for setbacks from oil and gas, a variance to
construct a building within 50 feet would not be permitted.
Please refer to the ordinance for more details.
Planning Commission recommended approval at its regular meeting on November 1, 2022. Staff
recommends adoption of the ordinance.
2022-3265
Page 1
BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Skip Holland, that the following resolution be introduced for passage by the Weld County
Planning Commission Be it resolved by the Weld County Planning Commission that the application for
CASE NUMBER ORDINANCE 2022-08
PRESENTED BY JIM FLESHER
REQUEST IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING OF THE WELD COUNTY CODE (SETBACKS FROM OIL
AND GAS)
be recommended favorably to the Board of County Commissioners
Motion seconded by Michael Wailes
VOTE
For Passage
Skip Holland
Butch Whrte
Pamela Edens
Michael Wailes
Michael Palizzi
Shana Morgan
Against Passage
Absent
Elijah Hatch
_ Sam Gluck
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
CERTIFICATION OF COPY
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on November 1, 2022
of November, 2022
Dated the 1O-offf November, 2022
Kristine Ranslem
Secretary
CHAPTER 23 - ZONING
ARTICLE I - General Provisions
Sec. 23-1-90. - Definitions.
BUILDING UNIT: As defined in Chapter 21. Article V.
[All other definitions remain unchanged]
ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District
Sec. 23-3-70. - Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A
(Agricultural) Zone District is subject to the requirements contained in this Section.
[A through D - No Change]
E. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of
Minimum distance from OIL
AND GAS FACILITIES. All BUIDINGS shall comply with the provisions of Section 23-4-700 of
this chapter.
[Remainder of Section - No Change]
Sec. 23-3-160. - Bulk requirements.
Table 23.2 below lists the Bulk Requirements for the R-1, R-2, R-3, R 4 and R-5 Zone Districts All
BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the
requirements contained in this Section.
[A through J - No Change]
K.
oil and gas well. Minimum distance from OIL AND GAS FACILITIES. All BUILDINGS shall
comply with the provisions of Section 23 4 700 of this chapter.
[Remainder of Section - No Change]
Sec. 23-3-250. - Bulk standards.
All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts shall be
located, designed, used and occupied in accordance with the requirements enumerated in this section.
[A through B - No Change]
C.
any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead. or within
Minimum distance from OIL
AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of
this chapter.
[Remainder of Section - No Change]
Sec. 23-3-340. - Bulk standards.
All BUILDINGS, STRUCTURES, USES, and land located in the Industrial Zone Districts shall be
located, designed, used and occupied in accordance with the requirements enumerated in this section.
[A through B - No Change]
C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of
any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead. or within
Minimum distance from OIL
AND GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of
this chapter.
[Remainder of Section, No Change]
Sec. 23-3-440. - Bulk requirements.
The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS,
STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section:
[A through K no change]
L. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of
any tan< battery, within one hundred fifty (150) feet of any oil and gas wellh ad or within twenty
five --(25) feet of any plugged or abandoned oil and gas well. Minimum distance from OIL AND
GAS FACILITIES. All BUILDINGS shall comply with the provisions of Section 23-4-700 of this
chapter.
[Remainder of Section - No Change]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 9 - Miscellaneous Regulations
Sec. 23-4-700. - Reserved Minimum distance from oil and gas facilities in all zone districts.
No BUILD NG UNIT shall be constructed within two hundred fifty (250) feet of any OIL AND GAS
FACILITY nor within fifty (50) feet of any plugged and abandoned oil and gas well. No other BUILDING
shall be constructed within fifty (50) feet of any OIL AND GAS FACILITY nor any plugged and abandoned
oil and gas well. This provision shall not apply to the expansion of a BUILDING permitted or existing as of
[effective date of ordinance], provided such expansion does not increase the BUILDING footprint by more
than fifty percent (50%). No VARIANCE from this section shall be granted such that it would allow any
BUILDING to be constructed within fifty (50) feet of any OIL AND GAS FACILITY nor any plugged and
abandoned oil and gas well.
MEMORANDUM
TO:
FROM:
DATE:
RE:
WELD COUNTY PLANNING COMMISSION
JIM FLESHER, LONG-RANGE PLANNER
NOVEMBER 1, 2022
ORD2022-08, SETBACKS FROM OIL & GAS
Staff is proposing to update the zoning code regarding setbacks for occupied buildings from
existing oil and gas facilities. Planning staff met with the director of the Office of Emergency
Management, Roy Rudisill, and the director of Oil and Gas Energy, Jason Maxey, and are
proposing a uniform 250 feet from all oil and gas facilities (wells, tanks, separators, etc.) in all
zone districts. Under the current code, setbacks are different in the R zones, and in the other
zones they differ for wells and tanks. Other oil and gas equipment is not addressed. To simplify
the code, we propose having the uniform setbacks in one section of code that each of the zone
districts will refer to.
The setback of 250 feet is proposed as this is considered the "hot zone" where most of the
damage would likely occur in the event of a fire or explosion.
For plugged and abandoned wells, the setback would be increased from 25 feet to 50 feet, which
would allow for more room to place equipment on the well if it requires reworking to ensure it is
plugged.
Staff recommends adoption of the ordinance.
Page 1
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, November 1, 2022
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration'
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Vice -
Chair, Butch White, at 12 30 pm
Roll Call
Present Skip Holland, Butch White, Michael Wailes, Pamela Edens, Michael Palizzi, Shana Morgan
Absent Elijah Hatch, Sam Gluck
Also Present Chris Gathman, Maxwell Nader, and Jim Flesher, Department of Planning Services, Lauren
Light and Ben Fussell, Department of Health, Karin McDougal, County Attorney, and Kris Ranslem,
Secretary
CASE NUMBER ORDINANCE 2022-08
PRESENTED BY JIM FLESHER
REQUEST IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE (SETBACKS FROM OIL
AND GAS)
Jim Flesher, Planning Services, gave a brief overview of the proposed code changes regarding setbacks
for occupied buildings from existing oil and gas facilities
The Chair asked if there was anyone in the audience who wished to speak for or against this Ordinance
No one wished to speak
Motion Forward Ordinance 2022-08 to the Board of County Commissioners with the Planning
Commission's recommendation of approval, Moved by Skip Holland, Seconded by Michael Wades
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Michael Palizzi, Michael Wailes, Pamela Edens, Shana Morgan, Skip Holland
Meeting adjourned at 2 36 p m
Respectfully submitted,
.6.(bans i°41140 e fvt.
Kristine Ranslem
Secretary
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