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HomeMy WebLinkAboutRIVERSIDE COMMUNITY SOLAR GARDEN - PDP - PDP140013 - REPORTS - RECOMMENDATION/REPORTITEM NO 1 MEETING DATE Oct. 16, 2014 STAFF Ryan Mounce ADMINISTRATIVE HEARING OFFICER Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 STAFF REPORT PROJECT: Riverside Community Solar Garden, PDP140013 APPLICANT: Michelle Zimmerman Clean Energy Collective, LLC 3005 Center Green Drive, Suite 205 Boulder, CO 80301 OWNERS: City of Fort Collins PO Box 580 Fort Collins, CO 80522 PROJECT DESCRIPTION: This is a request for consideration of a Project Development Plan for the construction of a medium-scale solar energy system capable of generating up to 600 kilowatts of electricity. The solar energy system, featuring rows of ground-mounted solar panels, would be enclosed by perimeter fencing and landscaping and establish a habitat buffer zone between the Poudre River and the development. The project site is located at the northeast corner of Riverside Avenue and Mulberry Street in the River Downtown Redevelopment (R-D-R) Zone District on land owned by the City of Fort Collins. RECOMMENDATION: Staff recommends approval of the Riverside Community Solar Garden, PDP140013. EXECUTIVE SUMMARY: Staff finds the proposed Riverside Community Solar Garden complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically:  The Project Development Plan complies with process located in Division 2.2 – Common Development Review Procedures for Development Applications of Article 2 – Administration.  The Project Development Plan complies with relevant standards of Article 3 – General Development Standards. Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 2  The Project Development Plan complies with relevant standards located in Division 4.17 River Downtown Redevelopment District (R-D-R) of Article 4 – Districts. COMMENTS: 1. Background The property was annexed into the City of Fort Collins as a part of the East Lincoln Avenue Second Annexation in July, 1991, and was purchased by the City of Fort Collins in 1995. Prior to annexation and City-purchase, the site was developed as a pickle processing facility in the late 1940s, first operated by the Dreher family and then the Dean Pickle and Specialty Products Co. Several buildings associated with the pickle facility have been removed, leaving the site largely vacant with the exception of a small remnant structure. This structure is scheduled for demolition in early October, 2014. The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Community Commercial – Poudre River (C-C-R), Public Open Lands (P-O-L) Udall Natural Area, Woodward Natural Area & Woodward Campus (under construction) South Limited Commercial (C-L), Neighborhood Conservation, Medium Density (N-C-M) Auto Repair, Auto Dealerships, Gas Station & Single Family Homes East River Conservation (R-C), Community Commercial – Poudre River (C-C-R) Wastewater Treatment Facility West Limited Commercial (C-L), Neighborhood Conservation, Medium Density (N-C-M) Auto Repair, Auto Dealerships, Gas Station & Single Family Homes A zoning and site vicinity map is presented on the following page: Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 3 Map 1: Riverside Community Solar Garden Zoning & Site Vicinity Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 4 2. Compliance with Article 4 of the Land Use Code – River Downtown Redevelopment District (R-D-R), Division 4.17: The project complies with all applicable Article 4 standards as follows: A. Section 4.17(B)(2)(d) – Permitted Uses The proposal is for a medium-scale solar energy system, a permitted use in the R-D-R District, subject to Administrative (Type 1) review. New Land Use Code provisions, adopted July 2014, defined solar energy systems as a new land use and categorized their review process based on lot area. Section 3.8.23(D)(2)(a) of the Land Use Code defines a Medium- Scale Solar Energy System as being of a lot size between .5 to 5 acres. The proposed development is situated on a parcel approximately 6.9 acres in size, with the solar energy system covering approximately 3.5 acres of the lot. A recent Land Use Code Administrative Interpretation, #3-14, has clarified that the land area devoted to the solar energy system is the determining factor of lot size, and not the size of the lot upon which the system is sited. B. Section 4.17(D)(1)(a) – Transition between the River and Development - River Landscape Buffer This Code standard states: In substitution for the provisions contained in subsection 3.4.1(E) (Establishment of Buffer Zones) requiring the establishment of "natural area buffer zones," the applicant shall establish, preserve or improve a continuous landscape buffer along the River as an integral part of a transition between development and the River. To the maximum extent feasible, the landscape buffer shall consist predominantly of native tree and shrub cover. (See Figure 20.) The landscape buffer shall be designed to prevent bank erosion and to stabilize the River bank in a manner adequate to withstand the hydraulic force of a 100-year flood event. In compliance with the Land Use Code, the project proposes establishing a River Landscape Buffer between the solar energy system and the Poudre River, varying in width from 115’ to 150’ from the edge of the solar energy system to the top of slope above the Poudre River. As detailed in the project’s Ecological Characterization Study, the current conditions of the proposed buffer area are comprised of asphalt remnants, bare patches of ground, and annual weedy species providing minimal cover. Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 5 As part of the proposal, the area to be established as the River Landscape Buffer will be enhanced with additional native landscape plantings consisting of native trees, shrubs, and reseeding with a mix of native grasses that will provide a significantly increased diversity in vegetation structure. No improvements are proposed to the existing conditions of the slope from the top of the site down to the Poudre River, a drop of approximately 50 to 60-feet. An existing strip of asphalt on the top lip of the slope is also proposed to remain. A letter provided by the applicant’s engineer indicates the asphalt strip is serving to reduce erosion and undercutting at the top of the bank and should remain in place. A separate bank inspection conducted on-site with City stormwater staff indicated bank and slope erosion was not a concern, as the slope performed well during the September 2013 flooding event. C. Section 4.17(D)(4)(a) – River Landscape Both the proposed perimeter landscape screening and River Landscape Buffer plantings will utilize plant materials and species native to the corridor, complying with this code section. D. Section 4.17(D)(4)(b) Walls, Fences and Planters This code section requires walls, fences and planters to be consistent with the quality of materials, styles, and colors of nearby buildings and development. The proposed solar energy system perimeter fencing will consist of wood split-rail fencing with wire mesh. The fencing style is consistent with the context of the site near the Poudre River and several City-owned Natural Areas that also utilize a similar fencing design. 3. Compliance with Article 3 of the Land Use Code – General Development Standards: The project complies with all applicable General Development Standards as follows: A. Section 3.2.1 – Landscaping and Tree Protection The proposed landscaping plan is consistent with the applicable requirements of Land Use Code Division 3.2.1, Landscaping and Tree Protection, with consideration of the applicant’s request for alternative compliance to Section 3.2.1(D)(1)(c), Tree Stocking. Explanation of this code section requirement and the proposed alternative compliance request are outlined below: Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 6 1. Section 3.2.1(D)(1)(c) – Tree Stocking This Section requires all developments to provide “full tree stocking” within 50 feet of all buildings and structures by planting trees at 30’ to 40’ intervals. At least half of such trees to be planted must consist of canopy shade trees. The applicant has submitted a request for alternative compliance to this standard to substitute alternative landscape plantings around the solar panel structures in place of the typically-required tree stocking. Requests and evaluation of alternative compliance to landscaping and tree protection standards are governed by Section 3.2.1(N), which states, “Upon request by an applicant, the decision maker may approve an alternative landscape and tree protection plan that may be substituted in whole or in part for a landscape plan meeting the standards of this Section. (1) Procedure. Alternative landscape plans shall be prepared and submitted in accordance with submittal requirements for landscape plans. Each such plan shall clearly identify and discuss the modifications and alternatives proposed and the ways in which the plan will better accomplish the purposes of this Section than would a plan which complies with the standards of this Section. (2) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the proposed alternative plan for purposes of determining whether it accomplishes the purposes of this Section as required above, the decision maker shall take into account whether the alternative preserves and incorporates existing vegetation in excess of minimum standards, protects natural areas and features, maximizes tree canopy cover, enhances neighborhood continuity and connectivity, fosters non-vehicular access, or demonstrates innovative design and use of plant materials and other landscape elements.” Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 7 In substitution to the requirements to plant trees around the solar panels to achieve full tree stocking, the alternative landscape plan proposes a mixture of shrubs and a low-grass seed mix along the solar energy system’s fenced perimeter. The applicant’s primary purpose for these substituted landscape elements are to preserve solar access to the panels used to generate electricity that would otherwise be compromised by canopy tree shading. Staff has reviewed the alternative compliance request and proposed landscape plan and determined the alternative compliance request accomplishes this section equally well or better than would a plan which complies with the standards of this section based on the following elements and analysis:  The alternative incorporates existing and proposed vegetation in excess of minimum standards: The substitution landscaping of a low-grass seed mix and shrubs exceeds the level of plantings in number and coverage were only trees to be planted at intervals of 30’ to 40’. As a means of screening, the shrubs and grass are more impactful at the same height level as the solar panels (5’ to 7’ off the ground) than would be provided strictly by trees.  Protects natural areas and features: By planting landscaping elements lower to the ground, existing views across the site from the Riverside Avenue public right of way to the Poudre River corridor and adjacent natural areas are maintained. The proposed native shrub plantings, being berry- producing, are both complementary to the shrub plantings proposed in the River Landscape Buffer and beneficial near a wildlife corridor.  Fosters non-vehicular access & utilizes innovative design and landscape elements: A new, 10’-wide bicycle and pedestrian path is to be constructed along the western edge of the site where no facilities currently exist. The path will be sloped slightly to convey drainage to the shrub and grass beds, acting as a bio-swale and a means to help irrigate the plantings. These bio-swale and irrigation elements are an innovative approach to site and landscaping design where existing infrastructure to support both elements is limited. Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 8  Protects access to sunshine: Land Use Code Section 3.2.3(D), Access to Sunshine, states, “The elements of the development plan (e.g., buildings, circulation, open space and landscaping) shall be located and designed, to the maximum extent feasible, to protect access to sunshine for planned solar energy systems…” B. Section 3.4.1 – Natural Habitats and Features The project complies with applicable standards of Section 3.4.1. As detailed in evaluation of Article 4, a River Landscape Buffer will be established as required by the R-D-R District, in substitution to the standards of Section 3.4.1(E). In addition, the project has been designed to be compatible with and complement the design and views of the surrounding natural environment and City-operated Natural Areas. Screening of the solar energy system will consist of native plantings and a perimeter fence style that is consistent with the open feel of the nearby natural areas. The project will also construct a 10’ bicycle and pedestrian trail on the site’s western edge that can serve as a future connection to the Udall Natural Area. C. Section 3.4.2 – Air Quality The proposed solar energy facility is located adjacent to the City of Fort Collins Mulberry Wastewater Treatment Facility. A minimum 1,000’ horizontal separation is a requirement from elements of wastewater treatment facilities for most land uses. The applicant has submitted a request for alternative compliance to this prescribed horizontal distance to permit a reduction in the setback distance to 100’ from the treatment facility’s aerated lagoons. Alternative Compliance requests to the Air Quality standards are overseen by Section 3.4.2(C): Upon request by an applicant, the decision maker may approve an alternative setback distance that may be substituted for a setback distance meeting the standards of this Section. (1) Procedure. Alternative compliance setback plans shall be prepared and submitted in accordance with the submittal requirements for plans as set forth in this Section. The plan shall clearly identify and discuss the setback modifications proposed and the ways in which the plan will equally well or better accomplish the Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 9 purpose of this Section than would a plan which complies with the standards of this Section. (2) Review Criteria. To approve an alternative plan, the decision maker must first find that the proposed alternative plan accomplishes the purposes of this Section equally well or better than would a plan which complies with the standards of this Section. In reviewing the proposed alternative plan, the decision maker shall consider any mitigating factors that exist to counter the potential for odor problems and/or aerosol drift, including, without limitation, structural, chemical or technological mitigation occurring at the subject wastewater treatment works, established vegetation barriers and/or walls, berms, or other topographic features sufficient to serve as mitigation for odor problems and/or aerosol drift. In order to assist the decision maker in evaluating the proposed mitigation factors the Utilities Executive Director shall submit a written recommendation regarding such mitigation factors, which recommendation shall include the technical analysis and reasoning used in support of the Utilities Executive Director's recommendation. Staff’s evaluation of the request finds that the development plan accomplishes the purpose of Section 3.4.2 equally well or better than a plan complying with the standards of this Section. In support of this assessment, staff notes:  Mitigating factors to counter the potential for odor problems: Within the past five years, the Mulberry Water Treatment Facility has implemented significant odor controls and treatment technologies to reduce instances and the potential for air quality impacts in the surrounding area. In addition, no habitable structures are proposed as a part of the solar energy system, and no employees will be based onsite. The proposed land use is consistent with other land uses that are already exempt from horizontal distance requirements of this section as they involve limited access by employees, visitors or residents. Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 10  Written recommendation from the Utilities Executive Director: The applicant’s request for alternative compliance has been reviewed by the Utilities Executive Director, who has provided a recommendation of approval to the alternative compliance request that the separation distance be reduced from 1000’ to 100’. The Director notes the solar energy system use itself acts as a buffer for other nearby development from the wastewater facility. D. Section 3.4.6 – Glare or Heat The angle of the proposed solar energy system array and proposed landscape screening are incorporated into the project to reduce potential impacts from heat and glare. The solar panels are fixed-units that do not track the path of the sun throughout the day or year. The proposed panels face south towards an existing stand of mature trees and open space across Mulberry Street. To the west of the panels along Riverside Avenue, fencing and the planting of shrubs of a height similar to the level of the panels is proposed to block potential glare. A review of recent literature on the qualities of modern solar panels indicates that solar-electric installations, as opposed to solar thermal installations, are designed to maximize their absorption of the sun’s incoming rays and feature anti-glare coatings. Studies indicate the reflective properties of modern solar panels are similar to those of car windshields or certain building façade materials. Section 3.6.1(E) – Access Control Plans The project is located along Riverside Avenue and Mulberry Streets, both a component of the US 287 / SH 14 Access Management Plan. The development will comply with the plan's adopted access and circulation control measures by providing a 10’-wide bicycle and pedestrian path along the western boundary of the property, north of the railroad tracks. The path will connect to an existing sidewalk along Mulberry Street near the shared access drive to the solar energy system and wastewater treatment facility. Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 11 E. Section 3.8.11 – Fences The proposed perimeter fencing around the solar energy system has been designed to be visually interesting and to avoid creating a “tunnel” effect by varying its alignment and softening its appearance with landscaping. F. Section 3.8.32(2) – Medium Scale Solar Energy Systems 1. Section 3.8.32(2)(b) – Maximum Height The ground-mounted solar energy system components are approximately 5’ to 7’ tall, complying with the height limits for accessory buildings and structures in the R-D-R Zone District. 2. Section 3.8.32(2)(c) - Setbacks The solar energy system is located outside of all front, side, and rear building setback areas. 3. Section 3.8.32(2)(d) – Fencing/Access The solar energy system will be enclosed by a 7’ perimeter fence, with locked entrances and warning information placed along the perimeter and at the entrance to the facility. A knox box at the entrance will provide emergency access to the gated entry. 4. Section 3.8.32(2)(e) – Visual Appearance Landscaping is proposed outside the perimeter fencing to assist in screening the facility from the public rights-of-way along Riverside Avenue and Mulberry Street. The use of native species, and the design and materials of the fence will assist the facility in blending into the existing environment. Lighting is not proposed as part of the solar energy system and all electrical interconnections within the project boundary will be located underground. 4. Neighborhood Meeting Although not required as part of a Type 1 project review, a neighborhood meeting for the project was conducted on July 8, 2014 to share information about the development Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 12 proposal. Key topics discussed at the meeting are presented below. The full summary of meeting notes can be found as an attachment to this staff report. 1. Project Fencing / Screening During the meeting, several comments and questions were raised as to the type of fencing or treatment that would be used along the perimeter of the facility, over concerns for security and for aesthetic purposes. Neighborhood meeting participants were evenly split between those would like to see a majority of the solar panels screened and those who wished to be able to see the panels.  Resolution / Update: The facility will be fenced with a wood, split-rail fence with wire mesh that is 7’ in height, as required by Land Use Code standards. Horizontal elements of the fencing may be limited close to the top of the fence to reduce the ability of individuals to climb the fence to gain access to the facility. Land Use Code standards require fencing and/or landscaping to assist in screening along public right-of-way such as Riverside Avenue. The project has been designed with fencing and shrub-based landscaping that will cover a majority of views of the panels from Riverside Avenue. 2. Will there be heat/glare? Do the panels generate noise? Several questions were raised as to what impacts the solar panels may generate onto neighboring properties and the nearby natural areas.  Resolution / Update: Fencing, landscape screening, panel anti-glare coatings, and the orientation of the panels all serve to reduce the effects of glare. During the right conditions (time of day, time of year, angle of sun, viewing angle, etc.), the panels may briefly reflect light similar to the flicker of the sun off a vehicle’s windshield. According to the applicant at the neighborhood meeting, the panels give off heat perceptible only very close to the panels. As a means to convert the sun’s light to electricity, the panels are designed to absorb as much sunlight as possible. As heat is closely linked with reflected light, the mitigating factors for glare also serve to reduce potential heat impacts. An inverter built on a concrete pad will be constructed near the solar panels. The inverter produces a noise of the same frequency and decibel level as that Staff Report – Riverside Community Solar Garden, PDP140013 Administrative Hearing 10-16-2014 Page 13 of a screen projector. For reasons related to both aesthetics/screening and noise, the project’s inverter pad has been situated in the northeast quadrant of the site, away from nearby properties across Riverside Avenue. 3. Financial Considerations / Tax Credits Other questions raised at the meeting related to the business model and financial impacts of the solar garden, and were not necessarily directly related to the review of the development proposal. 5. Findings of Fact/Conclusion: In evaluating the request for the Riverside Community Solar Garden, PDP140013, Staff makes the following findings of fact: A. The Project Development Plan complies with the applicable procedural and administrative requirements of Article 2 of the Land Use Code. B. The Project Development Plan complies with relevant standards located in Article 3 – General Development Standards. C. The Project Development Plan complies with relevant standards located in Division 4.17 River Downtown Redevelopment District (R-D-R) of Article 4 – Districts. RECOMMENDATION: Staff recommends approval of the Riverside Community Solar Garden Project Development Plan, PDP140013. ATTACHMENTS: 1. Zoning & Site Vicinity Map 2. Applicant’s Statement of Planning Objectives 3. Planning Document Set (Site Plan, Landscape Plan, Utility Plan) 4. Land Use Code Administrative Interpretation #3-14 5. Applicant’s Riverbank Inspection Letter 6. Applicant’s Letter for Alternative Compliance (Landscaping – Tree Stocking) 7. Applicant’s Letter for Alternative Compliance (Air Quality) 8. Recommendation from the City’s Utilities Executive Director Re: Air Quality 9. Project Ecological Characterization Checklist & Ecological Characterization Study 10. Neighborhood Meeting Summary