Duke Energy substation landscape plan review
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The county’s agenda for Planning Commission, Jan 10, 2019
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The county’s minutes for Planning Commission, Jan 10, 2019
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What was said
Machine transcription of 34m of recording, with speaker names inferred from voice matching. 63% of 164 lines carry a name. It shows what was said, not what was decided, and both the words and the names can be wrong.
Good afternoon. Alexandra Laporte with Planning and Development. We are here for the review of the landscape plan for the special exception that was approved on Uh November fifteenth, um with the condition of of approval to bring back the landscape plan. And so here we are today to do that. The owner or applicant has posted for the
property, mailed notices and re-advertised for this hearing in accordance to section 304.2. And um as I said The special exception portion of this was already approved November 15th, and this is just coming forth your review of their revision to the site, the landscape plan. to address any further concerns and um
by yourself or um the neighbors.
The revision and the applicant will further go into detail, but primarily they increased the proposed landscape screen around the area to the west. and on the second westernmost driveway. They, as you can read in the bullets, they changed various items and provided more layering effect of the landscape.
Just to refresh everyone's memory, um where the site is located is on Satin Leaf Lane um and Smith Road. Um and the parcel in question was just um uh part of the expansion of the already existing substation. And here's the landscape plan as it is right now. I will turn it over to our applicant to go into further detail on
the landscape plan.
Can can I say something just for the records? Yes. Um I received a request to meet uh Meredith Del Camp, uh a representative for Duke and the uh uh landscaping engineer the week uh before the holidays. I accept the request, we met, we discussed the plan, I just wanna keep that on the records. Yeah.
Thank you. I also have email um communications that I will enter into record um as well between the applicant and the commissioners. So I'll bring that forward. Thank you for reminding
you.
And I also do want to mention Denise Hernandez Planning and Development. I also do want to mention that Ms. Meredith also met with uh Chairman Gray yesterday, and Chairman Gray will be providing an ex parte form as will be Commissioner Saez providing an ex parte form for those meetings that occurred, those in-person meetings that occurred. Thank you.
Yeah.
Yes, we have that on record for last time.
Thank you.
Okay. Welcome.
Thank you. Can
we get your name and address, please?
Yes, sir. My name is Drew Gilmore with Duke Energy 3300 Exchange Place, Lake Mary Boulevard in Lake Mary, Florida. I was sworn. And we uh brought hard copies of this presentation and then 11 by 17 landscape plans that are easier to the view then the presentation at the board's pleasure we can if you accept those we can hand those out. I
have a motion to receive.
So moved.
And second. Brother Discussion, all in favor? Aye. Aye. Motion carries. Thank you, Drew.
That's right.
Thank you.
I have mine from yesterday still.
Okay, and uh Alexander had already um giving a quick refresher over the site and uh we're just uh essentially showing the same. This was the uh parcel uh on the west side that we purchased. Uh this shows the proposed uh substation equipment expansion. It was uh this piece right here over the former um a parcel uh line if you will that required the uh special exception uh the you folks approved in November. The um
just to remind you the neighborhood to the south is the uh uh uh Meadow Point community uh uh Provenza Meadow Point I think I believe. And to the west and the north is the satin leaf community. So when we uh talk about those two respectively, it's just orienting you folks on the geography. The um we're gonna keep this really brief uh because uh as you folks know we've uh talked uh a lot about uh the landscape plan. So really
as uh a few of the commissioners uh had already uh mentioned, we've had uh several meetings and uh communication uh with quite a few folks. We've met with uh Chairman Gray twice, um each uh separate meetings we had with uh Commissioner uh Saez and Commissioner Girardi as they had mentioned. Um we reached out to all the commissioners to offer uh to meet and um particularly we were seeking feedback uh of uh concerns with the landscape plan so we could
be prepared uh today. In addition, we had an in-person meeting with several neighbors in the Meadow Point community. We've met with some neighbors in the Sant Leaf community, the closest neighbors to the substation. I had a follow-up conference call the other day with folks in the Metal Point community. We have also reached out to the Metal Point HOA and have begun discussions with those folks and we'll talk about in a second here our
plans there. And in addition to that, we've had several phone calls and emails with various interested parties. So we we heard you and that in the beginning of this process there was a feeling that we uh weren't being very communicative. The pendulum may have swung too far in the other direction, and we're hoping we're not harassing people at this point, but we really are trying to get as much input as we can. What we heard back consistently about the landscape plan was the area of concern
to the extent. extent uh there was any with the um on site landscaping was what we've been calling the southern gap area. And I I believe at your last uh hearing it was pointed out we had some uh low growth. Now we as I had mentioned previously, and you may hear today as well from some other folks, the um there is some feeling too that we may have overlandscaped in some areas, and I'll let other uh folks uh speak to that. Um but what we've uh the
changes that I'm about to talk to you about, the only enhancements we've made since the last um time we were before you is in the summer. Yeah.
So uh just real quickly you can see again in the Southern Gap area here's the the next section I'm about to talk about is right here.
That section, if you follow along with the 11 by 17s, if you'd like, in that southern gap is primarily this bottom area here, which is denoted on the landscape plan as section E.
Instead of the low-growth core grass, what you can see is we have quite a mix of vegetation in here. Now and really took the approach to stagger and and uh the layered approach. And so um some taller vegetation, some understory vegetation, if you will. Primarily we're looking at um eagleston hollies, yopon hollies, um, and if I'll show you uh actually why
don't we do that on the next slide. Here, and we can always come back. In the blue box here, these are the primary vegetation types other than the low-growing core grass that we have added. We've extended the berm through that area as well. So on top of the 18-inch berm we'll be uh planting this uh enhanced vegetation. Depending on the species at uh height of installation, plus or minus 10 feet, and so we will
be looking to get what we can in terms of a mature growth commercially and still able to transport it and give it a better chance of taking root.
In here, what we uh try to show here is really what we're talking about. So this is a cross section of the berm, again 18 inches uh above grade at the center. And this is uh just a general representation because different different species um stagger depending on where on the perimeter we're talking about. But this layered approach, what we're referring to, you can see we'll have understop. Vegetation, and so you don't have a canopy, but then have gaps, if you will,
on the bottom. And so we're really trying to fill that in. This bottom section here again is that section E. It's just blown up so you can see it a little bit better. One of the reasons uh too you see at an installation that we're planting these about 15 feet uh apart. Um that's required because as these grow and fill out, if they're planted too closely together, the vegetation uh will um uh basically uh touch each other and uh
block shield it from sun and and those will uh not do well and And the edges tend to die. So they're planted far enough apart to allow them time to grow, take root, and to fill in those areas.
So, what I wanted to talk to you a little bit about here, um, even though this is off site and outside of the uh special exception permit, uh a lot of the uh concern, as you know, had come um from various folks about trying to provide visual mitigation and shield, particularly the um excuse me the neighborhood uh to the south here again this is the Meadow Point community. So Duke Energy is committed uh to planting off site
uh vegetation if you will and understanding again we know that that's outside of uh the special exception permit but we have uh talked uh quite a bit with the neighbors about that. We we're looking at uh these three
I knew I'd do that. We're looking at these three areas here primarily because they would provide the highest level of screening and buffering, if you will, to the closest neighbors who are in this community to the south. In addition, looking at planting um mature growth uh trees down here because this is the main entrance, the primary entrance uh in and out of the neighborhood as well. These um trees that we're looking at here are substantial. Um
have some preliminary uh draft landscape plan actually that we just saw uh came in on our drive down here. Um we're looking somewhere in the neighborhood of plus or minus uh eighty trees actually, so a substantial uh planting layered so it's not a straight row um uh layered and staggered and designed in such a way to provide the the maximum visual screening for uh the folks in this Neighborhood who are closest to the property. As I mentioned, we are committed to doing that. So regardless of whether it was a requirement
or not, we are we're going to move forward. We have begun discussions with the uh representative from the HOA because the uh areas where we're talking about, again, primarily these uh areas here are owned by the HOA. Um they're not on uh privately owned individual parcels and so that's why uh we'll be working directly with the HOA on those. Um so as I mentioned I tried to keep it very brief for you and just touch the highlights of what's changed since the last time. Um
I will answer, of course, any questions that I can. If you have specific questions about um species and growth rates, I brought uh somebody much smarter than I that uh that can answer those for you.
All right, is there any qu are there any questions from here?
Just a comment.
That you c offered then and I just expressed what I read and I'm pretty sure the rest of the commission is read it too. That that you offer then to cover some expenses that then you deny to cover. I don't know exactly what is going on, but if somebody can explain that to me or a neighbor is here to explain what I just mentioned, I don't know.
So e expenses expenses that are related with the legal fees that they have been paying to attorneys or uh litigations that
are occur during this process. Okay, so if I understand the question it's uh about the attorney's fees? Yes. It was around seventeen thousand dollars or something like that. We we did receive a quest and I I I guess at
at the pleasure of the board if you um want me to go ahead and answer uh those questions. I'm not sure if it's inside or outside of the um Well
I mean. Just for everybody's benefit. The fact that whether they you agree to pay attorney's fees or not, that's really not what we're here to talk about. We're here to talk about the landscape element. And I know that there was some disagreement as to whether you would contribute to the attorney's fees or not. But whether you ultimately do or not has nothing to do with this meeting.
So that's I think that's correct, isn't it?
I would agree with that. I mean we don't really have the ability to impose the condition that they pay The attorney's fees. So and really the only thing on your agenda is is the landscape plan adequate or not. I don't mind if he wants to answer the question, if you just want it for informational purposes, but ultimately you're here to decide whether the landscaping is adequate. Okay.
So I can quickly answer the question that no uh as a company policy, Duke Energy does not pay attorneys fees um for um you know groups that are uh oppose our projects. We don't have any uh control over that. If if um be more than happy to talk about that afterward if you'd like more background or more depth about that, sure.
Yeah. Okay, thank you. Appreciate that Drew. Sure thing. All right. Um all right any other questions?
Okay. There's somebody here to speak in opposition or have questions that we have not addressed so far. If there are, they need to be directed specifically to the landscape and nothing else.
Hello.
Hi.
My name is Nancy Lilla Bridge. I live at [address removed]. I was sworn in. I live on the northwest corner of the property, so I'm part of the Satin Leaf group. So my you can see my house there. I don't know how to use the pointer, but um anyway. Yeah. Mm-hmm. So you know. There. That's my house. So that's my view of the substation. And
and I'm fine with the substation. I guess m the point I would like to make uh is that On the north side of the property and the west side, we would not like to have all of that landscaping installed. In addition, we would not like to have a six-foot PVC vinyl fence. We would prefer that it remain barbed wire or some type of Something that is, you know, close to what we all have out there. We live out there
because we don't want to live in a subdivision. and we don't want it to be made to look like we live in a subdivision. And furthermore, Um we have found that we also have a With Lakucci River substation to the north of their original substation. And what happens is after the landscaping is installed. It's typically not maintained over time. And then it ends up looking just like a big mess out there. And with the PVC vinyl fence, what we found,
there's a subdivision to the north that has that. The first tropical storm that comes along, pieces of it break off and fly around all of our properties out there, and then again it's not maintained. So what we would like to ask for is that the landscape buffer to the north and the west be removed and that the PVC vinyl fence be removed and that they just put in something that is, you know, what you would see typically in a rural setting such
as barbed wire fence or something like that.
So could you put your house out one more time on the shelf?
Sure. He can.
And my second part of that question is, are you part of MetaPoint?
No, I'm part of the satin leaf owners group. I enter that's my house to the north. The Meadow Point group is to the south.
How much land do you have there?
I have one acre and then the remaining nine acres where my house is, um, my parents own.
Okay, thank you.
So can I ask a clarification question? So I understand why you're asking it to be removed to the north, but it looks like there's another property owner to the west that could be adversely affected by your request to To remove the so so I'm a little fearful about removing it to the west when we don't know who that's going to affect.
Okay, well if we have somebody to speak we'll call you up in just a minute.
Yeah, so I enter my property. I come around the s the butt down that road, around that is how I have to enter to get to my property. And I I have been in communication with the other homeowners and she may come up and speak about it, but None of us want to see the the white vinyl fence and the landscaping that's proposed on that on the west side or the north.
So can I ask the applicant a question? Sure.
So For the landscaping that's on the west and the north Have you represented to any of those people that live to the western north that that landscaping would exist?
Oh, uh definitely, and I think that's why uh they're here. And we touched a little bit on this, and I think in a previous hearing where there may be some competing interests, and so certainly the neighborhood to the south was interested in as much visual buffer and uh mitigation. Um and and these two neighborhoods are distinctly uh separated, if you will, by um buffer and vegetation. barriers already. So if if you're coming into the satin leaf uh community up here, th
there there's no sense or feeling that you're um uh uh in this community at all. They're they're t they're very distinct, different access points. Um the the maps are a little deceiving because it shows the old County Smith Road. This is not passable. This is not actually a passable road at all. Um and they're completely separated and and with a buffer between these two. And so we didn't want, and we have mentioned this to some of you in our meetings, that we
know that the satin leaf folks up here are interested in less or no vegetation on the north and west. The uh Metal Point folks are interested in as much on the South, which makes sense. And certainly I think the plantings in their neighborhoods are going to help with that a lot. We didn't want to come in as Duke, the applicant, asking the commission if we can now do less um than what you folks have been asking us to do.
My specific question is, did you meet with anybody to the west or north? Yeah.
No, we've not heard from anybody on the north or the west that is asking us for uh the landscaping. And I I do believe that the two uh neighbors who have the closest view of this entire property, uh one you just heard from uh Mrs. Lillebridge and her husband Tyler is here as well, live in this property. And then the property owner who lives here is here as well and may wish to speak if you would like to hear. Those these two neighbors are have the the
closest and the uh best view, if you will, of our entire property.
Okay.
Thank you. So is there any reason why we can't make a change there if uh both the
I
was
a little concerned that somebody was promised that landscaping and then were they would have had no notice until now that it's going away. But what I'm hearing from the applicant is they they haven't promised anybody to the west or north that landscaping, so If that's the case, then I don't really have a legal concern. It's really up to the Planning Commissioner.
Okay. Yeah, I think that's I think in order to accommodate everybody's needs, I think that's a reasonable request if we can include that on a motion when we have a motion.
Okay. Anyone else need to speak? I you're gonna tell us that it's okay with you or take it away or
I haven't been sworn. My name's Ethan Little.
Yeah. Three zero nine seven seven sat Liveling.
Do you swear from the testimony you've asked the kids that trees to help you back? I do, I do.
Okay,
thank
you. Uh I'm the president of the Land Owners Association uh only because of all the growth in Wesley Chapel that we've require a landowners association. Uh you know, we have a buffer to the north, we have a buffer to the south. And nobody maintains the buffers, including this the people to the south who want more buffer on our side. I mean, if they want to add more trees on on on their property, I'm fine with that. I
I I'm opposed to the buffer on the south as well as the west and the north. Um They're just simply not maintained by Duke Energy, Witla Coochie, Meadow Point, Ashley Pines. Nobody maintains any of them. I maintain the majority of them, personally. Uh so we just ask that they d that it doesn't go in. And we've spoken to Duke many
times and they've been afraid to ask you not to put it there because they think that you think it needs to go in so they can get permitted to go in. They're gonna go in regardless 'cause we need power in Pasco County. So we're just simply asking not to have to look at that and You know, we'd also like to ask and may or may not be on this forum, but that everything outside of what they required uh because
they have so much more land to the north that is never used before that we'd like to uh work a deal out with them where they, you know, make a deal with us on the remainder of the land or give it to the county as a park or something so it can't be turned into future substation. That's all. Yeah.
Okay. Well I mean we we can't we can't control that actually. We just need to talk about landscaping.
Ca can I ask a quick question? Sure. Sure. Let me I'm a little confused. You indicated that
The way I took it, you're not really that concerned about what's planted in the ground. I took it as your biggest concern is once it's planted, nobody takes care of it. Is that true?
No, I prefer to not have it planted in the ground. I'd prefer to leave it just the way it's been looking all its life in Pasco County and not go out there and plant a bunch of trees that aren't native to the area. So I have to look at it. I'd rather have the open pasture view that I've had forever.
But I I marked down a couple times when you you indicated that your concern, and I think you used the word concern, or nobody's taking care of it. Nobody's taking care of it. Nobody goes. Nobody
takes care of any of the buffers you put in around
all our property out there. That's what I was getting to.
'Cause we we're going to be able to do that. We've heard from the residents of MetaPoint, they want more. Okay. And I take it you want less. I want less. Okay. They
already
have
a buffer. They put it in. Yeah. Okay. Or their developer does. But I just want to make
it clear
in my mind. And there's a row of oak trees sitting right there now that they don't see the substation. Yeah, you want
or if it's planted, you want to take care of I'm an
original Pasco County resident, a lifelong Pasco County resident, not a transplant.
Okay, I understand. Thank you. But I just want to clear my mind that if it was planted, that you want somebody to take care of it. If it let's say there's no negotiating on what's planted in the ground. I prefer
it not to be
planted. I understand that, I understand that. That's clear. No, let's say it is planted.
Yeah, then
go back and make them all take care of it. You want somebody to take care of it? Sure. Okay. Okay, thank you.
Thank you. Okay. Can you are you bringing something new to the to the discussion?
Uh uh no, just uh I live in the house with like the circular the big circular driveway. Oh maybe. Which one I'm sorry, which which one? I live at [address removed], I have been sworn in. We'd like to look at the pasture. We don't want to see a fence. We'd like the fence tucked in as tight as it can against the substation and just look at the green pasture like we look at now. That's all.
Okay. Thank you.
Thanks.
So can I ask the applicant another question? Sorry. The applicant. Yeah. So I'm gonna ask you the same. I asked you about the west and the north. Sure. I'm gonna ask you since now we have a request to remove it on the south, have you represented to any of the property owners to the south that you were gonna put that landscape in it?
Oh most definitely. Um uh gosh, I'm giving the wrong button here. The The the buffer to the south um in addition to and and uh just for everybody's reference, the plantings in the neighborhood uh to the south was more of a recent development in our ongoing uh discussions with those folks. Um but leading up to that, the leaving as much as the uh existing uh landscaping that already exists today and as much
as we can do to mitigate the view has always been the context of our conversation with these folks to the south.
Okay, so I don't have a a legal concern if the Planning Commission wants to remove the landscaping to the west or north. I do have some legal concerns with removing it to the south because if the applicant represented to those landowners that they would have landscaping on the south And they had no way of knowing that it was gonna be removed at the public hearing. If that if you were intending to move it to the south, we'd have to continue this and re notice it and make sure that all those landowners to the south knew that there was a proposal to
remove the southern landscaping.
One other thought and um I would just offer this up for your consideration and you folks are the experts on the process, but After this step, our understanding is we enter site plan review. And in terms of the specific details of what stays and what leaves, I don't know if there's a mechanism to continue this in site plan with a staff to make sure all the interests are balanced. And that's another option as well.
Well I think we could make a motion to Leave some and remove some, couldn't we?
Yeah, just the only thing I would ask was uh you not remove the South not make a motion to remove the South because I don't think that the notice is proper to do that. I don't think that the residents Okay. There may be residents who didn't appear today because of the representation that they have landscaping to the south and for you to remove it I think is gonna create a concern. So But if if if if there's no re if there's never been any representation that to the landowners to the west and north that they would have landscaping,
I'm less concerned about that.
And just to keep in mind that because this kind of is an anomaly and circumvented the standard, the site plan once it's submitted to be reviewed Um the landscape plan will have to be consistent with that site plan. So we don't have a site plan that's been submitted yet. So this kind of came before you before that process. Um so there will be a little bit of, you know, negotiation based on the final site plan anyhow.
Okay.
That being said, their landscape plan that they submit a site plan is gonna have to be generally consistent with your approval. So I think you need to give the applicant established some guidance about wherever there will or will not be landscaping.
Thank you. Do I have a motion?
I if we make a motion that we can uh approve this, and I'm willing to make that motion, that landscaping is required to the south and to the north, and that uh and that the west is it the west? The north and the west the north and west are left open for discussion with staff. Is that doable?
Well, there may be a certain amount of minimum amount of landscaping they have to do to the west and north just to meet code. And uh that I don't I don't know if staff wants to comment on that. Is is is there some minimum amount they have to do to the west and north to meet code?
Yes, hi, uh Brad Tippen, Planning and Development. Uh it would be better if the desire is to not have landscaping there to actually express that here as a directive for us. Uh otherwise there is landscaping that would be required there by code and we would need to go through an alternative standard process.
Okay, thank you. Appreciate that. Okay.
So is your motion to exclude the north and the west?
Yes.
But to otherwise improve their landscape points?
Yes. The south would stay.
Exclude the fence and the landscape.
In split. They're gonna have to have some kind of fence.
That's that's uh that's up to them and you to decide. But we're not gonna require the landscaping.
What the landscape plan calls for a four foot o or six foot opaque fence, that's what I'm asking. Yeah. Can
we get on it?
Perfect. That is correct. Yes. Great. I'll stop with that. On the north and west as correct.
So we have a motion and we have a second and a third. Any further discussion? All in favor? Aye. Aye. Opposed? All right. Motion carries.
So I think we're done with this, right?
Let's come back. I don't know man, we're gonna we're gonna change it next time. One more time.
Yeah, we are. Yeah. Good job. Good job, Gavin.
Nobody's gone away anywhere, so I guess we didn't okay.
I knew this thing there were one more, huh? Yeah, we got a code or something. P fourteen. P one
four. Oh. P one four. And
a motion.
Did you make Make emotion out already,
yeah.
He's way too eager.
He's going for a hamburger or something.
So are we ready for the final one?
Yeah.
Could you ask him to keep it down to a mild drawer?
Okay. You're on.