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HomeMy WebLinkAboutWATERS EDGE - MODIFICATIONS OF STANDARDS 1, 2 AND 3 - MOD150001 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUEST (3)Waters’ Edge West, LLC Attachment to Application for Modification of General Development Standards Modification Request #2 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 only applicable 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. Specifically, the applicant requests a modification of the above-referenced standard to allow the construction of residential units within a portion of the Buffer Yard D areas surrounding the three oil wells located on its property conditioned upon the oil wells having been permanently plugged and abandoned in accordance with Colorado Oil and Gas Commission standards. The residential units would be located outside a 150 foot radius from Well Heads number 2 and 3 (on the following map) and outside a 100 foot radius from Well Head number 5. 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 #2 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 #2 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 #2 Justifications for Modification This proposed modification meets four 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. If the standard is not modified, it is not financially feasible for the developer to permanently abandon the existing oil wells. Although the visual and noise pollution from these wells will be mitigated by fencing and landscaping, the operating oil wells will remain. It is clear that having no operating wells within the development would be a better result for the residents of this development than having the operating oil wells remain. 2. The granting of this modification will substantially alleviate an existing , defined and described problem of citywide concern and will result in a substantial benefit to the city by reason of the fact that the proposed [project will substantially address an important community need specifically and expressly defined and described in the city’s Comprehensive Plan and Resolutions of the City Council. The specific benefits that the applicant has identified and related City polices are as follow: • Resolution 2015-086 of the Council of the City of Fort Collins Adopting the 2015-2019 Affordable Housing Strategic Plan – The City’s Affordable Housing Strategic Plan, dated September 2, 2015 is built around five primary strategies, two of which are relevant to the Waters’ Edge development: (1) Increase housing and associated supportive services for people with special needs; and (2) support opportunities to obtain and sustain affordable homeownership. Waters’ Edge West, LLC Page 5 Attachment to Modification Request #2 The Waters’ Edge project is designed as a 55+ age-targeted community with specialized amenities and services designed to allow its residents to age well within the community. All of these residences within this community will be built in accordance with principles of universal design. The City’s definition of those with special needs includes “seniors” and “persons with disabilities”. By supporting this project, the City provides the applicant with an incentive to provide housing and amenities that will help the City achieve its goals with respect to housing for its special needs population. Additionally, the Waters’ Edge project has been designed to provide a wide range of housing options and prices, from larger single family homes to flat-style condominiums and townhomes. Many of the units in this development will be affordable for persons of low or moderate income, according to HUD classifications for the City of Fort Collins. If the City does not support this modification request, the development will lose approximately 60 housing units (out of a proposed 384). The loss of these housing units will mean that development costs will be spread over a fewer number of units and result in an increase in per-unit costs. The effect will be to increase the price of the housing units in this development and decrease their affordability. • Resolution 2015-039 of the Council of the City of Fort Collins Adopting the Nature in the City Strategic Plan as an Element of the Comprehensive Plan of the City – The City’s Nature in the City Strategic Plan has as its goal “easy access to nature, high quality natural spaces and responsible land stewardship”. By providing an incentive to the developer of Waters’ Edge to permanently plug and abandon the three operating wells on its property, the City helps the developer work towards this achieving this goal. The applicant believes that easy access to nature and a connected system of high-quality natural spaces are profoundly important to the quality of life of its future residents and integral to the concept of “ageing well”, and has designed the community accordingly. Removing the operating wells from the community will allow the applicant to use the buffer areas in furtherance of these goals. It would also create a better aesthetic and provide a healthier environment for both people and wildlife. Waters’ Edge West, LLC Page 6 Attachment to Modification Request #2 3. By reason of physical conditions unique to the property, the strict application of the standard sought to be modified would result in 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. The physical conditions unique to this property are the existing oil wells situated on the site. When the applicant purchased the property, the City had not yet promulgated its buffer standards with respect to oil and gas wells. Strict implementation of the City’s Buffer Yard D standards with respect to this property diminish its value by an estimated 25% when compared to its estimated value when originally purchased. This constitutes an undue hardship to the applicant that was not caused by its own act or omission. 4. 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 lots and residential units in this development will fall within the 350 foot setback required by Buffer Yard D standards. Accordingly, once the wells have been permanently abandoned, the modification is nominal and inconsequential when considered from the perspective of the entire development plan.