HomeMy WebLinkAboutRIVERSIDE COMMUNITY SOLAR GARDEN - PDP - PDP140013 - DECISION - FINDINGS, CONCLUSIONS & DECISIONCITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: October 16, 2014
PROJECT NAME: Riverside Community Solar Garden
CASE NUMBER: PDP140013
APPLICANT: Michelle Zimmerman
Clean Energy Collective, LLC
3005 Center Green Drive, Suite 205
Boulder, CO 80301
OWNER: City of Fort Collins
PO Box 850
Fort Collins, CO 80522
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for approval of a Project Development Plan
("PDP") for the construction of a medium-scale solar energy system capable of generating up to
600 kilowatts of electricity. The 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.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: River Downtown Redevelopment (R-D-R)
HEARING: The Hearing Officer opened the hearing at approximately 5:30 p.m. on October 16,
2014, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence:
(1) Planning Department Staff Report; (2) application, plans, maps and other supporting
documents submitted by the applicant; and (3) a copy of the public notice (the formally
promulgated policies of the City are all considered part of the record considered by the Hearing
Officer).
TESTIMONY: The following persons testified at the hearing:
From the City: Ryan Mounce
From the Applicant: Michelle Zimmerman
From the Public: Michael Thieme, Rick Coen, Fran Rivers
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FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. Although not required, a neighborhood meeting for the project was conducted on July 8,
2014, at which the public expressed concerns about project fencing, screening, insurance, wildlife,
heat created by the panels, noise, and reflection from the panels. The Applicant and the City
addressed many of these concerns at the neighborhood meeting.
3. At the hearing, two members of the public (Michael Thieme, Fran Rivers) questioned the
Applicant about the visual impact of the solar garden, because their residences are close enough to
see the panels. Mr. Mounce explained that the City may consider some type of streetscaping plan
in the future, but no plan is currently in place. Another member of the public (Rick Coen)
questioned the functionality of the panels, and the Applicant responded.
4. The PDP complies with the applicable General Development Standards contained in
Article 3 of the Code.
a. The PDP complies with Section 3.2.1, Landscaping and Tree Protection,
becausethe PDP provides for an alternative landscaping plan which proposes a mixture of
shrubs and grass to preserve solar access to the panels that would otherwise be
compromised by canopy tree shading.
b. The PDP complies with Section 3.4.1, Natural Habitats and Features, because the
PDP includes a River Landscape Buffer and a 10' bicycle and pedestrian trail along the
western boundary that could serve as a future connection to the Udall Natural Area.
c. The PDP complies with Section 3.4.2, Air Quality, because: the PDP provides for
an alternative setback of 100' from the Mulberry Wastewater Treatment Facility aerated
lagoons and the Utilities Executive Director has recommended approval of the alternative
compliance request; and there are no habitable structures proposed as part of the solar
energy system and no employees based onsite.
d. The PDP complies with Section 3.4.6, Glare or Heat, because the angle of the solar
array and proposed landscape will reduce heat and glare.
e. The PDP complies with Section 3.6.1(E), Access Control Plans, because: the PDP
includes a 10' bicycle and pedestrian trail along the western boundary which will connect
to an existing sidewalk along Mulberry Street.
f. The PDP complies with Section 3.8.11, Fences, because the perimeter fencing is
designed to be visually interesting and to avoid creating a "tunnel" effect by varying its
alignment and softening its appearance with landscaping.
g. The PDP complies with Section 3.8.32(2), Medium Scale Solar Energy Systems,
because: the location of the ground-mounted system complies with the height limits for
accessory buildings and the applicable setbacks; the system will be enclosed by a 7'
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perimeter fence with locked entrances and warning information; and the landscaping
outside the perimeter fencing screens the system from public rights-of-way.
5. The PDP complies with the applicable standards contained in Article 4 of the Code for the
R-D-R zone district.
a. The PDP complies with Section 4.17(B)(2)(d), Permitted Uses, because a medium-
scale solar energy system is a permitted use in the R-D-R zone district subject to
Administrative Review.
b. The PDP complies with Section 4.17(D)(1)(a), Transition, because the PDP
includes a River Landscape Buffer between the solar energy system and the Poudre River,
with native trees, shrubs, and a mix of native grasses.
c. The PDP complies with Section 4.17(D)(4)(a), River Landscape, because the
perimeter landscape screening and River Landscape Buffer plantings will utilize plant
materials and species native to the corridor.
d. The PDP complies with Section 4.17(D)(4)(b), Walls, Fences and Planters, because
the fencing style is consistent with the context of the site near the Poudre River.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The PDP is approved as submitted.
DATED this 22
nd
day of October, 2014.
_____________________________________
Kendra L. Carberry
Hearing Officer
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