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HomeMy WebLinkAboutDIXON CREEK & TIMBERLINE SUBSTATIONS - SPAR - SPA120005 - DECISION - MINUTES/NOTESPlanning & Zoning Board January 17, 2013 Pa g `12 a1_ // A Laurie Kadrich, CDNS Director Planning & Zoning Board January 17, 2013 Page 11 Given the current landscaping as well as that distance, staff and applicant believe current landscaping is adequate. Board Discussion Member Kirkpatrick asked Deputy City Attorney Paul Eckman and Community Development and Neighborhood Services Direct Laurie Kadrich to respond to Mr. Sutherland's comments. Eckman said you may recall at the work session on January 11, we discussed the statute that gives the board the right to review location, character and extent and that he suggested that those words are broad enough (even vague enough) to include everything in the Land Use Code (LUC). He said all the Land Use Code standards can be looked at to measure it (their application). He said the board cannot deny a project and expect it to remain denied because there is the ability of the PRPA Board of Directors to overrule that denial by a 2/3 vote of that board. Member Kirkpatrick said just to expand on our public works process; we have a 1 % Art in Public Places (APP) Program but that is unique to city funds, is that correct? Eckman said the APP provision is not in the LUC. It's Chapter 23 of the Municipal Code and it refers to capital projects for which 1 % of their cost are dedicated to art projects. Those funds are appropriated by City Council. In his opinion the PRPA is a separate governmental agency established under Title 29 of the Colorado Revised Statues. Member Kirkpatrick said Platte River Power meets location, character, and extent. The articulation and the additional color contrasts they've done to the wall meet those requirements. The APP efforts would be really awesome but she doesn't think we can require that. Member Hart made a motion the Planning and Zoning Board approve Platte River Power Authority Timberline Substation Wall Project, Site Plan Advisory Review #SPA120005 based on the findings, facts and conclusions on page 5 of the staff report. Member Kirkpatrick seconded the motion. The motion passed 3:1 with Hatfield dissenting. Member Camoana returned to the room. Other Director Kadrich said the annual report recaps the work of the board for 2012. Chair Smith said there was one suggestion for a revision made at the work session. He said that correction, the Regency Lakeview Addition of Permitted Use/Project Development Plan decision was overturned on appeal, has been made. He asked if there were any other changes. There were none. Chair Smith said his only comment in reading the report is that you tend to forget what has been accomplished in the past year until you see the report. He noted the board had 3 special hearings and they're headed for another in a few weeks. He said the time may be coming when we need to add 1 or 2 additional meetings to our monthly routine. It may be work sessions as it seems the number of topics the board has been reviewing have been increasing. He thanked staff for putting the report together. Member Campana made a motion the Planning and Zoning Board approve the 2012 Annual Report as presented to the board tonight. Member Kirkpatrick seconded the motion. The motion was approved 5:0. The meeting was adjourned at 7:45 p.m Planning & Zoning Board January 17, 2013 Page 10 Hearing Testimony, Written Comments and Other Evidence Interim Planning Manager Sherry Albertson -Clark said this substation is near the southwest quadrant of Timberline and Prospect Roads. It is an existing substation. This proposal is different from the Dixon Creek Substation in that this property is owned by the City of Fort Collins and is leased to PRPA through the year 2050. The city will need to grant formal permission for the replacement of the chain link fence. In this particular instance, there is an existing wall around a portion of the substation. That wall would remain and the new wall would enclose and match up with that existing wall. Albertson -Clark noted there was a revision on page 2 of the staff report under background. The surrounding zoning and land uses to the west of the site has been changed to reflect the City of Fort Collins Parks Department and Edora Park (versus the Pineridge Natural Area which was previously reported). She said the design of the wall is essentially the same as the Dixon Creek Substation wall. The meetings in March and August covered both substations. There were no comments made at that time on the Timberline Substation. All the input was received on the Dixon Creek Substation. She said this area is predominately industrial in nature. There are no existing residential uses nearby as compared to the Dixon Creek Substation. Staff reviewed focused on location, character and extent and they believe the proposal complies with state statutes relative to site plan advisory review and the plan is in conformance with the applicable standards in the City's Land Use Code. Staff is recommending approval of the Site Plan Advisory Review for the Timberline Substation Wall, #SPA120005. Board Questions Member Hart said the Dixon Creek Substation was 6.8 acres and this substation is 28 acres. Is this site that much bigger? He said it would make for a fairly extensive wall. Albertson -Clark said you may want the applicant to respond to that and maybe to contrast the size of the two substations. She said the data included in the site plan is consistent with what the applicant provided. Public Input Eric Sutherland, 3520 Golden Currant, noted the applicant who responded on the previous item did not identify himself and we should probably understand who's speaking to the board when they bring information forward. He thinks the board is grossly uninformed about its purview in this matter as it was in the last item. When we talk about their ability to access the character of project, we're talking about its aesthetic interaction with other areas. That is why the statues exist. He said he's been to many meetings at both the city and county and they take aesthetics into account in a second nature fashion. PRPA is an extension of our own community —we are them, they are us. The board then becomes the only proctor as to community aesthetics might be and what we get in our built environment. End of Public Input Mark Curtis, Platte River Power Authority, said the Timberline enclosed area will be very similar to Dixon Creek. The property is owned by Fort Collins Utilities and PRPA leases the substation. He said the total property owned by the city goes way beyond the substation. He thinks that's what may be misleading — it's the total property acreage versus just the substation area. He said the substations are about the same size. They'll also be about the same dollar cost. Member Hart said the staff report did not indicate there would be a great deal of landscaping at that location. Curtis said that's correct. Albertson -Clark said all of the existing landscaping is mature and will be retained. She said the closest street (Timberline) is approximately 200 feet from the substation. Planning 8 Zoning Board January 17, 2013 Page 9 are critical to their grid. Hatfield asked if there's any video surveillance on the property. Collins said there are Fort Collins Utilities' motion detectors at the Dixon Creek Substation and PRPA has some camera security at Horseshoe Substation in Loveland and Longs Peak Substation in Mead. Both are 230 KV 115 KV Dual High Voltage Substations. He said it's possible they might add a camera at the substations being reviewed tonight. Hatfield he's trying to understand the security advantages of a 12 foot wall that don't already exist. Hatfield thinks there has to be a cost involved which will likely be passed onto the consumers. He wondered how many of the consumers had been advised of this. He wondered what the cost would be and how much that would raise the rates. Chair Smith said those questions are outside the purview of the board. Smith said we don't typically ask about internal business decisions related to cost justifications or security. He said he could appreciate Member Hatfield's line of questioning but he doesn't think it's appropriate to the board's deliberation. Smith said in this case, we're considering location, character and extent and he'd like the board to remain focused on those. Chair Smith asked if any members of the board had any questions relative to location, character, and extent. No one did. Chair Smith said he appreciated the fact that the applicant and staff worked to come up with something more aesthetically pleasing. He thinks what's proposed is much better than one of their block walls he saw in Loveland. Board Discussion Member Campana made a motion the Planning and Zoning Board approve Dixon Creek - Wall Project, Site Plan Advisory Review #SPA120005 based on the findings and facts on page 6 of the staff report. Member Kirkpatrick seconded the motion. Member Kirkpatrick said she really appreciated Mr. Sutherland's feedback and that it's commendable that you spend so much time with these agencies. Kirkpatrick thinks it would be nice to see an Art in Public Places wall but she doesn't think that's something the board can necessarily dictate. Perhaps the City of Fort Collins or the Open Space Program might be able to do something along those lines. The motion passed 4:1 with Hatfield dissenting. Project: Timberline Substation —Wall Project, Site Plan Advisory Review # SPA120005 Project Description: This is a request for a Site Plan Advisory Review for Platte River Power Authority (PRPA). PRPA is proposing to construct a new 12 foot high concrete block wall for security and screening purposes at their Timberline Substation located at 1809 S Timberline Road. The new walls would be placed in the same location as the existing chain link fences. After the construction of the concrete walls, the chain link fences would be removed. Recommendation: Staff recommends approval Member Campana left the room due to a notification area conflict. Planning & Zoning Board January 17, 2013 Page 8 The disapproval of the Planning and Zoning Board may be overruled by the Platte River Power Authority Board by a vote of not less than two-thirds of its membership. Under Section 31-23-209, C.R.S., the Planning and Zoning Board should make a finding as to the location, character, and extent of the public building relative to the adopted Master Plan (City Plan) of the City. Such findings help ensure that the proposed project conforms to the adopted plan of the City of Fort Collins. Staff conducted a review of compliance with applicable zone district standards and applicable general development standards, location, character and extent. They conducted two neighborhood meetings. Staff has shared revised designs with individuals who attended the meetings and who had submitted written comments. Staff recommends approval of the Site Plan Advisory Review for the Dixon Creek Substation Wall, #S PA120005. Board Questions Member Hatfield, speaking to staff, said he heard there was a neighborhood meeting. What was the outcome? Albertson -Clark said one neighborhood meeting was held in March and another in August. Essentially a variety of comments were given. One neighbor suggested the ornamental design continue all the way around. Another suggested landscaping on the west side. Albertson -Clark said there is less landscaping proposed on the west side of the site because that's primarily the area not terribly visible by the public and it's also the area that primarily interfaces with the natural area. She said staff was interested in plant materials most compatible with that natural area which is a lot of native grass. Another citizen who attended was concerned about the amount of money being spent on the wall and suggested that additional amount of money be spent on landscaping. Albertson -Clark said any questions related to their decisions and choices in making this proposal would best be directed to the applicant. Member Hart said the agenda packet showed two options in the design of the wall. The one proposed is Option B. Albertson -Clark said that's correct. Staff is recommending Option B with the two bands of color. The applicant has agreed to provide that design. Applicant's Presentation The applicant said they did not have a presentation but they are available for questions. Public Input Eric Sutherland, 3520 Golden Currant, said he's been attending Platte River Power Authority Board of Directors (PRPA BOD) meetings since September, 2009. He thinks it's really well run consortium of Fort Collins, Loveland, Longmont and Estes Park. He said he's spoken to the PRPA BOD about the Dixon Creek Substation. He doesn't think the proposed design represents Fort Collins. He said the Art in Public Places spends 1 % of their capital investments on Art in Public Places. He thinks it looks like a light industrial design dropped into a natural area. He said it also interfaces with the streetscape/residential areas. He thinks the block wall on the streetscape sides should be eliminated and the costs associated with this project put into designing something along the Overland street face that is elegant, fitting, and keeping with the values of Fort Collins. End of Public Input Board Questions Member Hatfield asked d the chain link fence currently completely encloses the property. John Collins, Platte River Power Authority, said yes. Hatfield asked if the fence had ever been breached and a crime committed there. Collins said not to his knowledge. Hatfield asked if the chain link fence was adequate for security purposes. Collins said the chain link fence's purpose is the minimum required for safety. He said the block wall will add security to the site. He said both (Dixon Creek and Timberline) substations Planning & Zoning Board January 17, 2013 Page 7 He lot forward to continuing this discussion —maybe with some of those enha d research projects he's just re mended. Member Hart said he t ' s staff has done a great job. This is an acti Ian. We have a long way to go for implementation of those ' s of issues that were brought up fight. He thinks it's a great first step and we need to get this thing mo ' forward. We can worry out how to carry out the implementation as we get the plan in place. We are g to have to d with the need for thousands more student housing units in the city and it's great to hav Ian in ce. Member Kirkpatrick said she thinks staff has d a fa stic job — especially taking 2 years of work and distilling it into 18 pages. She thinks there a lot of vali 'eces here. She thinks the action items are well thought out and she thinks all of t deserve some inve ' ation. She thinks the rental licensing program deserves to stay in there it's worded. It simply says it orth consideration in the future. It does warrant further conversa ' . She said she shares Chair Smiths ncern about the 4 bedroom units. She would really pr r that we're evidence based rather than the pe tion of fear and a knee jerk reaction that the in sity somehow increases when we add another bedroom. Member Ca na made a motion that the Planning and Zoning Board make a reco endation to City Cou to approve the Student Housing Action Plan. Member Kirkpatrick seconde e moti . The motion passed 5:0. Project: Dixon Creek — Wall Project, Site Plan Advisory Review # SPA120005 Project Description: This is a request for a Site Plan Advisory Review for Platte River Power Authority (PRPA). PRPA is proposing to construct a new 12 foot high concrete block wall for security and screening purposes at their Dixon Creek Substation located at 2555 S. Overland Trail. The new walls would be placed in the same location as the existing chain link fences. After the construction of the concrete walls, the chain link fences would be removed. Recommendation: Staff recommends approval Chair Smith provided information on the Site Plan Advisory Review Process. Hearing Testimony, Written Comments and Other Evidence Interim Planning Manager Sherry Albertson -Clark reviewed slides that provided a visual context of what's existing and what's proposed including a mock-up of the proposed 12-foot tall (alternating with 10-foot tall sections) colored concrete block wall. She said the 70' wide transmission lines preclude the planting of large trees within these easements. Additionally regulations related to compatibility with a Natural Area (3.4.1(Q) dictate that plantings are native trees and shrubs in alignment with the Foothills Natural Areas Management Plan Platte River Power Authority is a public utility and the project is governed by the Site Plan Advisory Review process in accordance with the pertinent State Statutes. The project's location, character and extent are found to be in compliance with the City's comprehensive plan. Colorado Revised Statutes allow the City to review the planning and location of public facilities Section 31-23-209, C.R.S. provides that no public facilities shall be constructed or authorized in a city until the "location, character and extent thereof" has been submitted for approval by the Planning and Zoning Board. In the case of disapproval, the Planning and Zoning Board shall communicate its findings to the Platte River Power Authority Board. Planning & Zoning Board January 17, 2013 Page 2 (as former member Brigitte Schmidt had) on an advisory committee (Citizens Action Group (CAG)) to the URA to help the community. Election of Officers Chair Smith invited nominations for Chair. Member Hatfield nominated Andy Smith for Chair. Member Campana seconded the motion. The motion was approved 5:0. Chair Smith invited nominations for Vice -Chair. Chair Smith nominated Gino Campana for Vice -Chair. Member Kirkpatrick seconded the motion. The motion was approved 5:0. Chair Smith asked if the board, staff, or audience if they wanted to pull any items from the consent agenda. No one did. Consent Agenda: 1. Minutes from the November 14 Planning and Zoning Board Special Hearing and the December 20, 2012 Planning and Zoning Board Hearing. 2. Land Use Codes (LUC) Amendments Related to Removal of Election Signs 3. Land Use Code (LUC) Amendments Related to Ecological Value of Non -Native Trees, Tree Mitigation Radius, and Clerical Changes Member Campana made a motion to approve the consent agenda which consists of the minutes from the December 14, 2012 Special Hearing and the December 20, 2012 Hearing, Land Use Code Amendments Related to Removal of Election Signs, and Land Use Code Amendments Related to Ecological Value of Non -Native Trees, Tree Mitigation, and Clerical Changes. Member Hatfield seconded the motion. The motion was approved 5:0. Discussion Agenda: 4. Student Housing Action Plan 5. Site Plan Advisory Review — Platte River Power Authority Dixon Substation Walls, # SPAR120005 6. Site Plan Advisory Review — Platte River Power Authority Timberline Substation Walls, # SPAR120005 . Other: Planning and Zoning Board 2012 Annual Report Project: Student Housing Action Plan (SHAP) Project Description: This is a for a mendation to City Council regarding the Student Housing Action led for City Council consideration on February 19, 2013. Chair Andy Smith called the meeting to order at 6:05 p.m. Roll Call: Campana, Hart, Hatfield, Kirkpatrick, and Smith Excused Absence: Carpenter and Elmore Staff Present: Kadrich, Eckman, Barnes, Buchanan, Sowder, Albertson -Clark and Sanchez -Sprague Chair Smith said in an effort to make the process a little more citizen friendly he would provide background on the order of business. He described the following processes: • Citizen participation — an opportunity to present comments on issues that are not specifically listed on the meeting agenda. • Consent agenda items are considered items which have no known opposition. Any member of the board, staff or audience may request for an item to be pulled from the consent agenda and discussed in detail as a part of the discussion agenda. • Discussion agenda items will include a staff presentation, an applicant presentation, and questions by board members, staff comments and public comment. • At the time of public comment, he asked that you come to the podium, state your name and address for the record, and sign -in. He asked that the speaker clearly state their position and encouraged them to share comments relevant to the topic under discussion. • Responses by staff and applicant will follow public comment. • The board will deliberate and reach a decision once a motion has been made and a vote taken. • The board will do their best not to use acronyms or jargon. • He will begin each new item with a description of the development type being considered. Chair Smith welcomed new member Gerald Hart. Agenda Review CDNS Director Laurie Kadrich reviewed the agenda. Citizen participation: Eric Sutherland, 3520 Golden Current, spoke to his concerns about the Urban Renewal Authority (URA) and their activities. He asked that someone on the Planning and Zoning Board continue to participate