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HomeMy WebLinkAboutWATERS' EDGE - PDP - PDP160006 - SUBMITTAL DOCUMENTS - ROUND 1 - MODIFICATION REQUESTWaters’ Edge West, LLC Application for Modification of General Development Standards As Part of Preliminary Development Plan Buffer Yard D Setback Standards February 9, 2016 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 100 feet of the oil well named “Fort Collins Muddy Unit 30-4” located in the northeast corner of the Waters’ Edge West development. This modification is conditioned upon the subject well having been permanently plugged and abandoned in accordance with standards that exceed those required by the Colorado Oil and Gas Conservation Commission. Project Background 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 the application was denied since the project no longer met the requirements for an extension request. Waters’ Edge West, LLC Page 2 Modification Request Buffer Yard D Setback Requirements Site Information 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 five oil wells within the Waters’ Edge West development. The Fort Collins Muddy Unit 30-4 is identified in the upper right-hand corner. Waters’ Edge West, LLC Page 3 Modification Request Buffer Yard D Setback Requirements Previous Modification Request Granted On January 14, 2016, the City of Fort Collins Planning and Zoning Board approved the applicant’s modification request to reduce the Buffer Zone D set back requirements from 350’ to 150’ around all the wells located on the Waters’ Edge property as well as an offsite plugged and abandoned well located on the adjacent Hearthfire property. The request was approved contingent upon the wells being plugged and abandoned and certain other conditions. Changes from Previously Approved Plat The plat which accompanies this modification request and development plan is based upon a 100’ setback from the Fort Collins Muddy Unit 30-4 well. The original plat, which was based on a 150’ setback from this well, was redrawn to accommodate three specific improvements to the site plan. The decrease in the buffer zone setback to 100’ specifically allowed for: • An increase in the street setback along the eastern end of Morningstar Way and on the northern side of the street of 35’, allowing for more green space along the street corridor and in front of the street facing residences; • Along with the deletion of four lots, an increase in the size of the courtyard home lots; and • The corresponding increase in lot depth allowed the construction of accessory dwelling units above the garages on the courtyard home lots. These ADU’s can accommodate multiple uses, including multi-generational living and caretaker suites. They are a critical component of this community’s goal of encouraging and allowing older adults to “age in place”. Engineer’s Report The developers of Waters’ Edge have engaged a petroleum engineer to prepare a report which identifies and describes the on-site wells and those in the surrounding area, discusses the process of plugging and abandoning, and addresses safety and environmental concerns relating to plugged and abandoned wells. The report, prepared by David K. Dillon, PE, (the Dillon Report) is attached as part of this modification request and addresses many of the issues discussed below in further detail. Specifically, Mr. Dillon concludes that a 100’ setback from a plugged and abandoned well is just as protective of public health, safety and the environment as a 350’ setback. He also recommends certain enhanced Waters’ Edge West, LLC Page 4 Modification Request Buffer Yard D Setback Requirements plugging techniques be applied to the Fort Collins Muddy Unit 30-4 well, which go above and beyond the standards established by the Colorado Oil and Gas Conservation Commission. Justifications for Modification This proposed modification meets two 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 a plugged and abandoned well to the nearest wall or corner of any occupied building proposed in the residential development. The health and safety of the public is equally well protected by a 100 foot buffer zone for the following reasons outlined in greater detail in the attached Dillon Report: • The plugging process is regulated and overseen by the Colorado Oil and Gas Conservation Commission and has a proven record of protecting the public and the environment in Colorado by preventing oil and gas from reaching useable ground water or the ground surface; • The main risk associated with a plugged well is the potential need to re-enter and repair the well at a later time and this contingency can be addressed through a setback of much less than 100 feet; • The Colorado Oil and Gas Conservation Commission has not required or recommended any setback for residential structures from plugged and abandoned wells. The Province of Alberta has recently adopted a five meter setback requirement for this purpose; • Several plugged and abandoned wells in the area of Waters’ Edge have setbacks of 55 feet or less with no discernible impact or threat to public health or safety; and • The plugging process adequately protects useable ground waters sources, and there are no water wells in close proximity to the subject wells. Waters’ Edge West, LLC Page 5 Modification Request Buffer Yard D Setback Requirements Additionally, the improvements to the site plan, as previously discussed, result in a project that is better to or equal to that which would result if the 150’ buffer remained, in that: • More green space and an improved streetscape is provided; and • The ability to construct dwelling units specifically designed to accommodate the elderly or others with special needs is enhanced. 2. 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. The effect of a modification reducing the buffer standards as requested is inconsequential because the reduction of the buffer area to 100 feet is contingent upon the plugging and abandonment of the subject well. As described more fully in the Dillon Report, there is no discernable difference between a 350 foot and a 100 foot setback in terms of protecting the environment and the public health and safety. A buffer of 100 feet is more than sufficient to monitor and maintain a plugged well. The applicant’s plan to plug the wells in accordance with procedures that go above and beyond those required by the Colorado Oil and Gas Conservation Commission provides further assurance of safety. Additionally, from the perspective of the entire development plan, having the well plugged and abandoned will provide for higher quality open space for the benefit of the community due to the elimination of any negative visual, noise, and odor impacts.