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HomeMy WebLinkAboutWATERS EDGE - MODIFICATIONS OF STANDARDS 1, 2 AND 3 - MOD150001 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTWaters’ Edge West, LLC Attachment to Application for Modification of General Development Standards Modification Request #1 October 30, 2015 Code Section and Modification Requested The applicant respectfully requests a modification from Code Section 3.8.26(C)(4) “Residential Buffering – Additional Standards Applicable to Buffer Yard D”. Buffer Yard D standards are applicable only to oil and gas operations, including plugged and abandoned wells. Buffer Yard D standards require a minimum setback of 350 feet from “the outer edge of an existing oil and gas operation site to the nearest wall or corner of any occupied building proposed in the residential development” as well as intensive levels of landscaping and screening. Section 3.8.26(1) specifies that “only those structures used for buffering and/or screening purposes shall be located within a buffer yard” and that “the buffer yard shall not include any paved area…”. However, Section 3.8.26(4)(a) specifies that “Buffer Yard D areas may include paved areas, notwithstanding paragraph (1) above” (emphasis added). Specifically, the applicant requests a modification from the above-referenced standards to allow the construction of streets, sidewalks and public right of way within the Buffer Yard D buffer areas surrounding the three oil wells located on its property. Background Discussion Waters’ Edge at Richard’s Lake was originally recorded on July 19, 2010. As with most other developments, the housing downturn prevented Waters’ Edge from moving forward. The original development time frame expired in July 2013, but the project was granted a one-year extension of the approved plans to July 2014. Towards the end of 2013 the City adopted residential buffer standards, which dramatically affected the Waters’ Edge project. In May of 2014 application was made for another one-year extension, but was denied since the project plan no longer met the residential buffering standards regarding oil and gas operations. Waters’ Edge West, LLC Page 2 Attachment to Modification Request #1 The graphic below shows the location of five existing oil wells that are located within the Waters’ Edge property and in the adjacent Hearthfire and Richard’s Lake neighborhoods. The wells numbered 2, 3 and 5 are within the Waters’ Edge West development. Graphic of Well Head Locations Well Head 1 is an existing operating pump within the Hearthfire neighborhood. Well Head 2 is an existing operating pump within Waters’ Edge, but immediately adjacent to Hearthfire. Well Head 3 is an existing operating pump within Waters’ Edge. Well Head 4 is an existing operating pump within the Richard’s Lake neighborhood. Well Head 5 is an operating well that has no pump. Oil flows due to pressure. Waters’ Edge West, LLC Page 3 Attachment to Modification Request #1 Waters’ Edge originally was planned around the existing well heads with a 150-foot setback from the center of the wells to the edge of adjacent lots. (Hearthfire and Richard’s Lake were both planned and approved with homes much closer than that to the well heads.) Street networks were also planned to work with 150-foot setbacks in most locations. The following graphic shows the three oil wells within the Waters’ Edge development with a 100 foot and 350 foot radius drawn around Well #5 and a 150 foot and 350 foot radius drawn around Well #2 and Well #3. Waters’ Edge West – Illustration of Oil Well Buffer Boundaries Waters’ Edge West, LLC Page 4 Attachment to Modification Request #1 Justifications for Modification This proposed modification meets three of the four criteria upon which a modification of standards may be granted. 1. The plan as submitted will promote the general purpose of the standard for which the modification is requested equally well or better than would a plan which complies with the standard for which the modification is requested. Buffer Yard D standards require a minimum setback of 350 feet from the outer edge of an existing oil and gas operation site to the nearest wall or corner of any occupied building proposed in the residential development. The proposed modification would not decrease the setback between any occupied building and the existing oil and gas operations on the Waters’ Edge property. It would only allow non-residential uses such as travel and the construction of paved surfaces within the buffer. Code section 3.8.26(4)(a) contemplates that Buffer Yard D areas may include paved areas. Allowing only paved surfaces to be constructed within the buffer zone is equal to the existing standard which does not allow for the construction of an occupied building within the buffer. 2. By reason of physical conditions unique to the property, the strict application of the standard sought to be modified would result in unusual and exceptional practical difficulties and undue hardship upon the owner of the property and the difficulties and/or hardship have not been caused by the act or omission of the applicant. Much of the planned primary street network within Waters Edge was determined and dedicated before Waters Edge came into being. These streets are as follows: Morningstar Way (Collector) from the edge of the Hearthfire community to the intersection with Brightwater Drive. (Right of way was dedicated before the Waters’ Edge project came into being). Existing utilities follow this alignment. Brightwater Drive (Collector Street) from the intersection of Parkside Drive to the intersection of Morningstar Way. This street forms the eastern edge of the partially developed Richards Lake Neighborhood Park, though this street is not directly impacted by the buffers. (Right of way was Waters’ Edge West, LLC Page 5 Attachment to Modification Request #1 dedicated before the Waters’ Edge project came into being). Existing utilities follow this alignment. Morningstar Way (Local) from the intersection of Brightwater Drive to Turnberry Drive. While not dedicated, this alignment had been planned prior to Waters’ Edge. Technically this street could be realigned to avoid the buffers, but given this configuration of the prior two streets, realignment would not meet engineering design standards. Parkside Drive (Local) from the intersection of Brightwater Drive to the north side of Richard’s Lake Neighborhood Park. This follows the eastern side of the park. (ROW was dedicated before the Water’s Edge project came into being). A strict application of the buffer standard with respect to these streets would make it impossible for the applicant to comply with standards for ingress and egress to adjacent neighborhoods and also require the relocation of an existing collector road. These conditions were in place prior to the time the applicant purchased the property and were not caused by the act or omission of the applicant. 3. The plan as submitted will not diverge from the standards of the Land Use Code except in a nominal, inconsequential way when considered from the perspective of the entire development plan. As the map on page 3 shows, only a small portion of the proposed streets and sidewalks in this development will fall within the 350 foot setback required by Buffer Yard D standards. Accordingly, the modification is nominal and inconsequential when considered from the perspective of the entire development plan.