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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/21/2021 - SECOND READING OF ORDINANCE NO. 167, 2021, AUTHORI Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY December 21, 2021 City Council STAFF Rebecca Everette, Development Review Manager Will Lindsey, Associate Planner Brad Yatabe, Legal SUBJECT Second 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 This Ordinance, unanimously adopted on First Reading on Dece mber 7, 2021, authorizes 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 Drive) is fully constructed in 2022. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 7, 2021 (w/o attachments) (PDF) 2. Ordinance No. 167, 2021 (PDF) 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 Drive) 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 East Harmony Road and South Timberline Road. An appropriate site was identified at 4518 Innovation Drive, 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 eliminates the ATTACHMENT 1 COPY Agenda Item 17 Item # 17 Page 2 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 context. Per the terms of T-Mobile’s lease with the property owner of 1800 East 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 Drive; 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) COPY -1- 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. -2- 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. -3- 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