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HomeMy WebLinkAboutTIMNATH TAP - PDP - 21-04 - DECISION - FINDINGS, CONCLUSIONS & DECISIONe�R.y f3e,_vsiNG 7"n_!-sT_�+_Ti_G' � T 3a3-zSy-.3YO� ell t; tie-M ti1 Z Tenth Tap PDP Administrative Hearing Findings, Conclusions, and Decision September 15, 2004 Page 4 of 4 SUMMARY OF CONCLUSIONS A. The Timnath Tap Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The Timnath Tap Project Development Plan complies with all applicable land use and development standards contained with the I -Industrial zone district. C. The Timnath Tap, Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. DECISION The Timnath Tap Project Development Plan, #21-04, is hereby approved by the Hearing Officer subject to the following conditions: 1. The Applicant shall submit a revised site plan for the review and subject to the approval of the Current Planning Department as part of the Final Plan submittal siting the proposed control building further to the south such that the entire structure is located within the Fort Collins city limits. 2. The Applicant shall submit revised plans and/or documents for the review and subject to the approval of the Poudre Fire Authority, as part of the Final Plan submittal, showing the following elements: a. A hard surfaced turnaround area with a minimum diameter of 100 feet. b. An Engineer's report confirming that hard surfaces providing site access and the turnaround area are capable of supporting 40 tons. c. Building and address identification on the building and along the frontage road. 3. If determined necessary by the City Engineer, the Applicant shall provide emergency access easement(s) necessary to serve the property. Dated this 16th day of September 2004, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Plannin Director Tenth Tap PDP Administrative Hearing Findings, Conclusions, and Decision September 15, 2004 Page 3 of 4 FACTS AND FINDINGS 1. Compatibility with Surrounding Uses: The surrounding zoning and land uses are as follows: N: I - Industrial in the City of Fort Collins; existing agriculture S: I - Industrial in the City of Fort Collins; existing agriculture E: FA1 - Farming in Larimer County; existing agriculture W: I - Industrial in the City of Fort Collins; existing agriculture The portion of the subject property was annexed into the City of Fort Collins in August, 1988 as part of the Buckeye Farms, Inc. and Harold D. Einarsen Annexation. The property has not been platted. 2. Compliance with Article 4 and the I Zoning District Standards: The proposed expansion of the existing public facility is permitted within the (- Industrial zone district subject to Administrative Review. All applicable design standards within Section 4.23 of the Land Use Code are met with the proposed site and building design. More specifically, the application complies with the height limitations and building color standards. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The application complies with the applicable design standards, requirements, and specifications for the services as set forth in this section. Public testimony offered at the hearing from the adjacent owner to the east suggested that the applicant consider co -locating the facility with a potential candidate site for a City of Fort Collins electric utility facility on land immediately to the east. At the hearing, the applicants provided their rationale for a stand- alone expansion rather than a co -located facility. The hearing officer has no ability to mandate that the proposed expanded facility be co -located with other similar facilities. Tenth Tap PDP Administrative Hearing Findings, Conclusions, and Decision September 15, 2004 Page 2 of 4 STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 2:00 p.m. on September 15, 2004 in Conference Room B at 281 N. College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Steve Olt, City Planner Susan Joy, Development Review Engineer From the Applicant: Bill Cowan, Tri-State G & T Jerry Bensing, Tri-State G & T From the Public: W.L. Johnson Michael Chavez, Poudre Fire Authority Written Comments: None CommL___tty Planning and Environmenta,, zrvices Current Planning Citv of Fort Collins CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: September 15, 2004 PROJECT NAME: CASE NUMBER: �r,1tJl►1:4 APPLICANT: HEARING OFFICER: PROJECT DESCRIPTION: Timnath Tap, Project Development Plan #21-04 Tri-State Generation & Transmission Association, Inc. 1100 West 116th Avenue Westminster, CO. 80234 Tri-State Generation & Transmission Association, Inc. c/o Jerome Bensing 1100 West 116th Avenue Westminster, CO. 80234 Cameron Gloss Current Planning Director The Applicant has submitted a request to expand the existing electric power switch station located east of the East Frontage Road along Interstate 25 and north of East Vine Drive. The switch station would be enlarged from 1.0 to 2.0 acres in size, the existing control building replaced, and a 115 kV circuit breaker and additional towers installed. The improvements will occur in 2 stages. The property is located in both the City of Fort Collins and Larimer County. This review pertains solely to that portion of the property within the City of Fort Collins. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: I - Industrial. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020