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HomeMy WebLinkAboutCOUNTRY CLUB RESERVE - PDP - PDP170008 - SUBMITTAL DOCUMENTS - ROUND 3 - MODIFICATION REQUESTDecember 6, 2017 City of Fort Collins Current Planning Department 281 North College Ave. Fort Collins, CO 80524 Re: Country Club Reserve Please accept this request for a Modification of Standards to Section 3.8.26(C)(1) and (4) of the Land Use Code. Background The proposed Country Club Reserve project is located at the southwest corner of East Douglas Road and Turnberry Road in North Fort Collins. The 80.19-acre site is bounded by East Douglas Road to the north, Turnberry Road to the east, and existing single-family residential to the south and west. The intent of this PDP application is to create a single family detached subdivision project. There are 153 proposed lots, with the majority of lots backing to open space. Overall density is 1.91 dwelling units per acre. The site is currently vacant and is zoned UE – Urban Estate. The owners purchased the property in 2005. There were 4 identified well locations on the site at that time. In February of this year, a PDP was submitted in which the lot layout was planned around the existing well heads. The site had the minimum Buffer Yard D 350 foot setback from the center of the wells to the edge of the adjacent lots. In a subsequent staff review meeting with the City, the owners were informed that the State COGCC had mislocated a plugged and abandoned well which is in the middle of some planned lots. This modification request is in accordance with the review procedures set forth in Section 2.8.2(H) of the Land Use Code as follows: Modification to Section 3.8.26(C)(1) and (4) Code Language: Section 3.8.26(C)(1) and (4) states the following: Buffer standards. Buffer yards shall be located on the outer perimeter of a lot or parcel and may be required along all property lines for buffering purposes and shall meet the standards as provided in this Section. (1) Only those structures used for buffering and/or screening purposes shall be located within a buffer yard. The buffer yard shall not include any paved area, except for pedestrian sidewalks or paths or vehicular access drives which may intersect the buffer yard at a point which is perpendicular to the buffer yard and which shall be the minimum width necessary to provide vehicular or pedestrian access. Fencing and/or walls used for buffer yard purposes shall be solid, with at least seventy-five (75) percent opacity Country Club Reserve Modification Request -11.21.17 (4) Additional Standards Applicable to Buffer Yard D . The following requirements shall also apply to development located in Buffer Yard D: (a) Measured . For purposes of Buffer Yard D standards, the buffer yard shall be measured as the distance 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 term existing oil and gas operation site shall include the impact area of any well that has received all required permits prior to submission of the residential development plan, even if drilling has yet to occur on the site. Buffer Yard D areas may include paved areas, notwithstanding paragraph (1) above. Requested Modification: The applicant requests a modification to allow the construction of streets, sidewalks, public right of way and the construction of residential units within Buffer Yard D and to reduce the buffer from 350 feet to 100 feet. Justification 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 a modification is requested. The applicant offers the following in support of its request for modification: • The standard requires 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 propsed in the residential development. The proposed modificatioin would allow residential units and non-residential uses such as travel and the construction of paved surfaces within the buffer. • The purpose of the standard for which the modification is sought is to “provide standards to separate residential land uses from existing industrial uses in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights and unsightly buildings or parking areas or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions.” The proposed plan in which residential units and paved surfaces are closer than 350 feet promotes such purpose equally well or better for the following reasons: • Since the well has been plugged and abandoned, a reduced setback represents no greater risk of adverse impacts; therefore the well within the reduced setback is equal to or better than a P & A well that is buffered by a 350 foot standard setback • Further, the condition of the ground surface at the well site is better than a surface condition that would be present if the well were operational, including odor, noise and fire hazards. • A strict application of the buffer standards with respect to the proposed lots and streets would make it difficult for the applicant to develop virtually the western 1/3 of the property. As proposed, the plan is well-designed with over 44.64 acres of open space. • The rest of the plan is designed to the 350 setback for both the residential lots and roadways. Both Hearthfire and Richard’s Lake have homes and streets that are much closer. Country Club Reserve Modification Request -11.21.17 2. The plan as submitted will not diverge from the standards of the Land Use Code except in a nominal and inconsequential way when considered from the perspective of the entire development plan. The applicant offers the following in support of its request for modification: • The standard requires 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 propsed in the residential development. The proposed Modificatioin would allow residential units and non-residential uses such as travel and the construction of paved surfaces within the buffer. • The purpose of the standard for which the modification is sought is to “provide standards to separate residential land uses from existing industrial uses in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights and unsightly buildings or parking areas or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions.” The proposed plan in which residential units and paved surfaces are closer than 350 feet promotes such purpose for the following reasons: • The proposed buffer reduction is inconsequential and the abandoned well allows a greater quantity of open space for the benefit of the entire neighborhood. • The construction of streets, sidewalks and other minor site elements within the buffer is inconsequential because the abandoned well mitigates the potential surface impacts associated with active wells. Finally, the proposed alternative plan is not a detriment to the public good, as it results in the development of a vacant property within an established areas in accordance with the overall City goals outlined in City Plan. Modification to Section 3.8.26(C)(4)(c) Code Language: Section 3.8.26(C)(4)(c) states the following: Fencing. If any residential development is proposed to be located within five hundred feet of an existing oil and gas operation, and if an existing fence does not surround the oil and gas operation, a fence must be erected by the developer along the property boundary between the oil and gas operation and the development that restricts public access to the oil and gas operation. Requested Modification: The applicant requests a modification to not be required to provide fencing between the oil and gas operation and development. Justification 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 a modification is requested. The applicant offers the following in support of its request for modification: • Buffer Yard D requires heavily landscaped areas between oil and gas operations and residential development. The applicant has met this requirement through thoughtful design with the intent of preserving views and rural character. To provide fencing would Country Club Reserve Modification Request -11.21.17 counteract the design intent and obstruct views between residential development and open space designed landscape. • An existing 6’ chain link fencing is located at Oil and Gas Well Head #2. This well is the only pumpjack type equipment and currently restricts public access. The remaining well locations are enclosed “dog house” type structures, screened from operating equipment.