HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2021 - FIRST READING OF ORDINANCE NO. 167, 2021, AUTHORIZ Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY December 7, 2021
City Council
STAFF
Rebecca Everette, Development Review Manager
Will Lindsey, Associate Planner
Kai Kleer, Associate Planner
Brad Yatabe, Legal
SUBJECT
First Reading of Ordinance No. 167, 2021, Authorizing a Temporary Exception to the Land Use Code to Allow
T-Mobile to Place a Temporary Wireless Telecommunications Facility at 1800 East Harmony Road to Replace
Lost Wireless Service Coverage.
EXECUTIVE SUMMARY
The purpose of this item is to authorize a temporary wireless telecommunication facility known as a cell-on-
wheels (COW), operated by T-Mobile, to be located at 1800 East Harmony. The temporary authorization would
expire on March 31, 2022, subject to Council’s revocation at any time, with an option for the Director of
Community Development & Neighborhood Services to extend the temporary approval on a month -to-month
basis as warranted. This temporary facility is intended to address a critical loss in T -Mobile's existing cellular
coverage in south Fort Collins caused by T-Mobile’s removal of wireless equipment from Platte River Power
Authority (“PRPA”) infrastructure, to be used only until a permanent facility (proposed at 4518 Innovation Dr ive)
is fully constructed in 2022.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 2016, PRPA notified T-Mobile and other wireless carriers that they would not renew leases for wireless
equipment collocated on any of their existing infrastructure. As such, T-Mobile began exploring alternative
permanent locations in the area surrounding their facility near the intersection of E ast Harmony Road and
South Timberline Road. An appropriate site was identified at 4518 Innovation Dr ive, and a development review
application for a wireless telecommunication facility was submitted in June 2021. Despite T -Mobile’s attempts
to postpone the decommissioning of their PRPA location, the facility was removed on May 14, 2021, resulting
in a significant loss of coverage for T-Mobile’s network.
To immediately address this loss of service until the permanent replacement is operational, T -Mobile is
requesting to place a temporary cell-on-wheels (COW) located at 1800 East Harmony Road. City Land Use
Code does not allow the placement of temporary wireless facilities such as COWs and in order for T -Mobile to
do so, Council must grant an exception to the Land Use Code.
The proposed temporary wireless telecommunications facility consists of a 60 -foot COW and associated
ground equipment to be located within a 40’ x 40’ lease area. The temporary facility will be shielded from direct
view of surrounding properties due to the existing, mature vegetation surrounding the subject property, as well
as the placement behind the primary property building away from the road. The proximity to the building
Agenda Item 17
Item # 17 Page 2
eliminates the need for a stand-alone generator to power the facility. This location allows the COW to generally
blend into other vertical infrastructure found in the surrounding cont ext.
Per the terms of T-Mobile’s lease with the property owner of 1800 E ast Harmony Road, “the initial term of this
Agreement will commence on start of construction and expire on March 31, 2022. This agreement may be
extended on a month-to-month basis with mutual agreement of both parties.” It is T-Mobile’s intention to
remove the COW as soon as the permanent site is “on air,” or six months after installation, whichever comes
sooner. The proposed Ordinance aligns with this lease agreement by placing an expiration date of March 31,
2022 for the temporary facility. The option to extend the approval on a month -to-month basis may be granted if
the Director of Community Development & Neighborhood Services determines that : 1) T-Mobile has been
diligently pursuing development of the permanent wireless telecommunication facility at 4518 Innovation Dr ive;
and 2) granting the extension would not be detrimental to the public good.
PUBLIC OUTREACH
A mailed notice regarding the proposal and the Council date to review the Ordinance was sent to all property
owners of record within 800 feet of the site on November 23, 2021, two weeks prior to the Council Regular
Session on December 7, 2021.
ATTACHMENTS
1. Temporary Cell-on-Wheels Request (PDF)
T-Mobile Application for the Approval of t he Proposed
Temporary Telecommunications Facility to be Located
at 1800 E Harmony Rd, Fort Collins, CO 80528
ATTACHMENT 1
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Table of Contents
Application Submittal Letter ........................................................................................................ 3
Project Summary ....................................................................................................................... 4
Exhibit A: Propagation Maps........................................................................................................ 7
Exhibit B: PhotoSims .................................................................................................................11
Exhibit C: Fall Zone Depiction......................................................................................................18
Exhibit D: Radio Frequency Engineer Affidavit ...............................................................................19
Exhibit E: Site Drawings .............................................................................................................20
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Application Submittal Letter
November 9, 2021
Mr. Will Lindsey
Associate City Planner
Planning, Development, Transportation
City of Fort Collins
281 N College Avenue
Fort Collins, CO 80524
RE: T-Mobile Temporary Cell on Wheels Proposal
1800 E Harmony Rd, Fort Collins, CO 80528
Dear Mr. Lindsey:
To remedy a significant gap in T -Mobile’s ability to provide wireless service in the southwest quadrant of
the City of Fort Collins, as verified by T-Mobile’s radio frequency engineers, T-Mobile submits the enclosed
information to install a temporary wireless telecommunications facility on the property located at 1800 E
Harmony Rd, Fort Collins, CO 80528 (the “Subject Property”).
After a thorough investigation of the surrounding area, T-Mobile identified the property at 1800 E
Harmony Rd, Fort Collins, CO 80528 for the development of a wireless communications facility. T-Mobile
has agreed to lease terms with the Subject Property owner and obtained permission to seek the necessary
approvals to develop the facility on the Subject Property. The proposed temporary wireless
telecommunications facility consists of a 60-foot Cell-on-Wheels (COW) and associated ground equipment
to be located within a 40’ x 40’ lease area. The Proposed Facility will be s hielded from direct view of
surrounding properties due to the existing, mature vegetation surrounding the Subject Property as well
as the placement behind the primary property building, away from the road. Further , the COW will blend
into the other vertical infrastructure in nearby properties.
As demonstrated by the enclosed application materials, T-Mobile ha s submitted documentation
illustrating the immediate need for COW in this location. I look forward to working with you during the
approval process in order to provide the residents , businesses, visitors and first responders of Fort Collins
with the best and most reliable wireless services they demand. Please contact me if you have any
questions or require further information.
Sincerely,
Lauren Neill
Senior Siting Advocacy Manager
Lauren.neill2@t -mobile.com
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Project Summary
Overview: T-Mobile seeks assistance and any necessary approvals in order to install a 60-foot temporary
wireless telecommunications Cell on Wheels (COW) on the property located at 1800 E Harmony Rd, Fort
Collins, CO 80528 (the “Subject Property”). The proposed facility is necessary in order to remedy a
significant gap in T -Mobile’s ability to provide wireless service in the southeast quadrant of the City of
Fort Collins, resulting from the decommissioning of a T-Mobile site located on PRPA property. To
address this loss of service immediately until the permanent replacement is on air, T -Mobile is
requesting to place a temporary COW in the nearby vicinity.
History of PRPA Location : PRPA reached out to T -Mobile and other wireless carriers about eliminating
their facilities for colocation at the expiration of the upcoming lease terms. It is our understanding that
they simply wanted wireless infrastructure off their assists and were not extending any leases on their
facilities . This was first initiated at the end of 2018. T -Mobile attempted to postpone this as much as
possible, especially after the merger between Sprint and T -Mobile was more likely. Our vendor, Vertical
Bridge (VB) began conversations with the City in January 2020 for a new permanent location. The prior
site decommissioned off the PRPA location on May 14, 2021.
Loss of Service : The location and significant height of the PRPA location resulted in a dramatic loss of
cover age when the site was decommissioned. While working towards a new permanent location, local
RF engineers worked on other solutions on nearby locations to offset the loss in coverage. The teams
worked quickly to change the footprints of nearby sites as well as upgrade Legacy Sprint and Legacy T -
Mobile sites. Unfortunately, delays in other approvals as well as less than anticipated performance from
surrounding sites has not substantially offset the loss in coverage. This impact was captured in network
performance soon after the site decommissioned in May 2021.
Area Network Performance - Difference Between April 2021 to June 2021:
• E911 Connection Setup Attempts : Over 580 attempts in the two-month timeframe
• VoLTE Drop Count Rate (DCR) increased from 0.26% to 0.91% (raw drop count increase of 7,884
drops)
• VOLTE Access Failure Rate (AFR ) increased from 0.37% to 0.76% (raw access failure count
increase of 94,849)
• VOLTE calls reduced by 184,543
• Total Data traffic reduced by approximately 22.5 Terabytes (downlink + uplink)
The attached propagation maps (Exhibit A: Propagation Maps ) show the prior coverage with the PRPA
site, the loss of coverage (current coverage), enhanced temporary coverage with the COW, as well as
coverage with the permanent site at 4518 Innovation Drive and a pending upgrade at a nearby site.
This data shows the significant impact in an important area. Not only does T -Mobile service nearly 400
businesses in Fort Collins, but T -Mobile also partners with Poudre Public Schools, with over 1,500 active
hotspots keeping students connected. For both safety and connectivity concerns , immediate
enhancement of service is imperative.
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Temporary Site Request: To address this loss of service immediately until the permanent replacement is
on air, T -Mobile is requesting to place a temporary COW located at 1800 E Harmony Rd, Fort Collins, CO
80528. After a thorough investigation of the surrounding area, T-Mobile ident ified a willing landlord at
the Subject Property. The proposed temporary wireless telecommunications facility consists of a 60-foot
COW and associated ground equipment to be located within a 40’ x 40’ lease area. The Proposed Facility
will be shielded from direct view of surrounding properties due to the existing, mature vegetation
surrounding the Subject Property as well as the placement behind the primary property building, away
from the road. Further, the proximity to the building eliminated the need for a generator. Lastly, this
location allows the COW to blend into the other vertical infrastructure in nearby properties.
The attached photosims (Exhibit B: Photosims ) illustrate the shielding of the temporary site from the
main road as well as the foliage line between the Subject Property and neighboring properties. It was
not possible to move the site further to the west due to the active use of the property. That area is
utilized as ingress and egress to access the facilities with various sizes of lifts. While the layout of the
property does not allow for a one-to-one setback, the attached site drawings (Exhibit C: Fall Zone
Depiction) illustrate the minimal fall zone area, in the extremely rare instance that the guyed tower
would tip. Full site plans can be found in Exhibit E.
T-Mobile is regulated by the Federal Communications Commission and will comply with all federal
guidelines regarding operation of the temporary facility and radio frequency emissions . The Proposed
Facility will be designed and constructed to meet all applicable governmental and industry safety
standards. Compliance with these regulations and standards ensures the public’s health and safety will
not be adversely impacted. In accordance with FCC regulations, the wireless telecommunications facility
will not interfere with any form of communications, including but not limited to, land-line phones, cable
and satellite television and radio broadcasts. An affidavit has been submitted by T -Mobile’s Radio
Frequency Engineer, Prasanth Attaluri, testifying to these statements. The Affidavit is included in Exhibit
D of this application.
As previously mentioned, this site is a temporary solution to remedy the immediate service needs of the
area. Per our lease terms, “the initial term of this Agreement will commence on start of construction
and expire on March 31, 2022. This agreement may be extended on a month-to-month basis with
mutual agreement of both parties.” It is T -Mobile’s intention to remove the COW as soon as the
permanent site is on air, or six months after installation, whichever comes sooner.
Development and Status of Permanent Site: T-Mobile has partnered with a build-to suit partner Vertical
Bridge to construct, own and manage a replacement facility. After a thorough investigation of the
surrounding area, Vertical Bridge identified the property at 4518 Innovation Drive for the development
of a wireless communications facility. Vertical Bridge has agreed to lease terms with the Subject
Property owner and obtained permission to seek the necessary approvals to develop the facility on the
Subject Property. T-Mobile will locate its equipment at the top of the tower.
On behalf of T -Mobile, Vertical Bridge began conversations with the City in January 2020 for a new
permanent location. Vertical Bridge received Conceptual Review comments from the City in February
2020, then COVID hit. A lot of rework and department -specific meetings happened between May-
November 2020. The initial submittal materials were sent to the City on May 12, 2021. That submittal
was deemed incomplete and the City sent an Incomplete Letter on May 14, 2021. The incomplete items
were rectified and resubmitted to the City on June 2, 2021. At that time, the project was accepted for
review and a Letter of Acceptance was sent on June 3, 2021. Conversations with the Fire Department
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and Emergency Management occurred throughout July and August 2021. After working through City
comments during the Project Development Plan stage, the Administrative Hearing was originally
scheduled for November 1, 2021. This was postponed at the City’s request to obtain additional
information. T -Mobile is working with Vertical Bridge to provide the additional documentation to get a
new hearing scheduled as soon as possible.
Vertical Bridge is ready to go into construction as soon as all approvals are granted. We anticipate the
permanent site to be on-air within six months of approvals, pending limited weather and unexpected
delays. T -Mobile plans to decommission the temporary site as soon as the permanent site is on-air
servicing the area.
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Exhibit A: Propagation Maps
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Exhibit B: PhotoSims
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17
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Exhibit C: Fall Zone Depiction
19
Exhibit D: Radio Frequency Engineer Affidavit
20
Exhibit E: Site Drawings
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27
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ORDINANCE NO. 167, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A TEMPORARY EXCEPTION TO THE LAND USE CODE TO
ALLOW T-MOBILE TO PLACE A TEMPORARY WIRELESS
TELECOMMUNICATION FACILITY AT 1800 EAST HARMONY ROAD TO
REPLACE LOST WIRELESS SERVICE COVERAGE
WHEREAS, T-Mobile maintains a network of wireless telecommunication facilities and
equipment within the city to provides wireless service; and
WHEREAS, on May 14, 2021, T-Mobile was required to remove certain wireless
equipment from the Platte River Power Authority infrastructure which resulted in a loss of T-
Mobile wireless service coverage in a portion of south Fort Collins; and
WHEREAS, users of T-Mobile wireless service within the impacted area are without an
important means of communication and access to information; and
WHEREAS, in order to replace the lost wireless service within the impacted area, T-
Mobile submitted a development application in June 2021 for a proposed permanent wireless
facility at 4518 Innovation Drive and such application is under City review; and
WHEREAS, T-Mobile anticipates that the permanent wireless facility at 4518 Innovation
Drive will be constructed and operating within six months of the granting of all necessary City
approvals; and
WHEREAS, until the permanent wireless facility at 4518 Innovation Drive is operating,
T-Mobile has requested that City Council allow T-Mobile to place a temporary sixty-feet-tall
wireless tower, commonly known as a cell-on-wheels or COW, within a forty-by-forty-foot
leased area next to the existing building on the property located at 1800 East Harmony Road in
order to replace the lost service coverage; and
WHEREAS, the Land Use Code does not allow the placement of temporary wireless
facilities such as COWs and in order for T-Mobile to do so, City Council must grant an
exception to the Land Use Code; and
WHEREAS, City Council finds that authorizing the COW to be temporarily placed at
1800 East Harmony Road in order to replace the lost service coverage, and no more, subject to
revocation at Council’s will, is in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
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Section 2. That the City Council authorizes T-Mobile to temporarily place a COW
with a tower that is up to sixty-feet-tall at 1800 East Harmony Road within the forty-by-forty
foot lease area next to the existing building through the end of March 31, 2022.
Section 3. That the City Council authorization allows the placement as an exception
to the Land Use Code prohibition on the placement of temporary wireless telecommunication
facilities but such authorization does not exempt the COW from complying with the building
code or other City Code requirements.
Section 4. That the City Council hereby delegates to the Director of Community
Development and Neighborhood Services the authority through June 7, 2022, to grant monthly
extensions in writing for the COW beyond March 31, 2022, provided T-Mobile can demonstrate
that it has been diligently pursuing construction of the wireless telecommunication facility at
4518 Innovation Drive and granting such extension would not be detrimental to the public good.
Any extension request must be submitted in writing to the Director at least ten calendar days
prior to the termination of the then current authorization or the authorization will automatically
terminate.
Section 5. That the City Council is authorizing the COW only for the narrow purpose
of allowing T-Mobile to replace the service coverage lost due to the removal of the T -Mobile
equipment from the Platte River Power Authority infrastructure in consideration of the hardship
caused to users of T-Mobile wireless services in the area of lost coverage.
Section 6. That the City Council reserves the right to revoke the authorization at any
time and for any reason upon adoption of a resolution without obligation to T-Mobile.
Section 7. Upon termination of this Council authorization, T-Mobile shall
immediately cease operation of the COW and remove the COW from 1800 East Harmony Road
within ten calendar days from the date of termination.
Section 8. That prior to installing the COW at 1800 East Harmony Road, T-Mobile
must enter into a written agreement with the City in a form satisfactory to the Interim City
Manager and the City Attorney to hold harmless, indemnify, and defend the City from all claims,
suits, or actions related to all injuries, deaths, losses, damages, costs, and expenses that arise in
relation to the COW, and any associated equipment, to be placed and operated at 1800 East
Harmony Road.
Section 9. That the City Council authorization allows the placement as an exception
to the Land Use Code prohibition on the placement of temporary wireless telecommunication
facilities but such authorization does not exempt the COW from complying with the building
code, City Code requirements, and conditions related to siting, exterior illumination, and
operations identified by the Director of Community Development and Neighborhood Services, to
the extent not otherwise set forth in City Code.
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Introduced, considered favorably on first reading, and ordered published this 7th day of
December, A.D. 2021, and to be presented for final passage on the 21st day of December, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 21st day of December, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk