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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/17/2022 - SECOND READING OF ORDINANCE NO. 055, 2022, AUTHORI Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 17, 2022 City Council STAFF Will Lindsey, Associate Planner Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 055, 2022, Authorizing an Extension of the 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 May 3, 2022, extends the authorization originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility known as a cell-on- wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire on June 7, 2022. This temporary facility is in place 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 us ed only until a permanent facility (proposed at 4518 Innovation Drive) is fully constructed and operational no later than December 1, 2022. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 3, 2022 (w/o attachments) (PDF) 2. Ordinance No. 055, 2022 (PDF) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 3, 2022 City Council STAFF Will Lindsey, Associate Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 055, 2022, Authorizing an Extension of the 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 extend the authorization originally granted with Ordinance No. 167, 2021, for a temporary wireless telecommunication facility known as a cell-on-wheels (COW), operated by T-Mobile, currently located at 1800 East Harmony. The current temporary authorization is set to expire on June 7, 2022. This temporary facility is in place 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 and operational no later than December 1, 2022. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On April 4, 2022, T-Mobile submitted a formal request to the City requesting an extension of Ordinance No. 167, 2021, to continue the maintenance and operation of a temporary cell-on-wheels (COW) located at 1800 E. Harmony Rd. The original ordinance placed the expiration of the temporary authorization on June 7, 2022. At the time of second reading on December 21, 2021, this aligned with the projected approval timeline for T-Mobile’s proposed permanent facility at 4518 Innovation Drive. A hearing for that permanent facility was held on January 24, 2022 and the Hearing Officer’s determination approving the facility with two conditions was issued on February 4, 2022. The conditions were that (1) a fall zone letter be provided by the applicant; and (2) the facility be redesigned from an unconcealed monopole to a concealed monopine. No appeal was filed against the decision within the required 14-day timeframe, and the decision was made final on February 18, 2022. T-Mobile submitted Final Development Plan (FDP) documentation to the City on March 23, 2022, and the project was deemed complete and routed for staff review on April 1, 2022. At the time of that routing it was estimated that final approval would be granted within 10 weeks at which point T-Mobile will be allowed to file for building permits and begin construction. Due to the conditions of approval, the time needed for the redesign, and the time needed for construction after final plan approval, T-Mobile is requesting that the current authorization for the COW be extended past June 7, 2022 . Staff is supportive of the request due to T-Mobile’s diligent and timely pursuit of final plan approval. To date, no public comments or complaints have been received regarding the temporary facility. ATTACHMENT 1 COPY Agenda Item 14 Item # 14 Page 2 Staff recommends placing an expiration date of December 1, 2022, for the temporary facility which aligns with the estimated completion date as outlined in T-Mobile’s request. PUBLIC OUTREACH A mailed notice regarding the proposal and the Council date to review the Ordinance will be sent to all property owners of record with 800 feet of the site. That notice was mailed on April 19, 2022, two weeks before the Council Regular meetingn on May 3, 2022. ATTACHMENTS 1. Temporary Cell on Wheels Permit Extension Request (PDF) 2. Ordinance No. 167, 2021 (PDF) COPY -1- ORDINANCE NO. 055, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN EXTENSION OF THE 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 provide 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 deprived T-Mobile users in that area of an important means of communication and access to information; and WHEREAS, to allow for wireless service in the affected area until T-Mobile could construct a permanent wireless facility at 4518 Innovation Drive, City Council adopted Ordinance No. 167, 2021, on December 21, 2021, authorizing a temporary exception to the Land Use Code to allow T-Mobile to place a temporary wireless telecommunication facility, commonly known as a cell-on-wheels or COW, at 1800 East Harmony Road through the end of March 31, 2022, with monthly extensions granted by the Director of Community Development and Neighborhood Services through June 7, 2022; and WHEREAS, due to unanticipated delays related to the development process, the permanent wireless facility at 4518 Innovation Drive will not be operational by June 7, 2022; and WHEREAS, City staff estimates that approval of the final development plan for the permanent wireless facility will occur in mid-June at which time T-Mobile can apply for building permits and begin construction; 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 has requested an extension of the authorization for the COW; and WHEREAS, the City has received no complaints nor experienced any issues regarding T- Mobile’s COW at 1800 East Harmony Road and City staff supports the extension request due to T-Mobile’s diligent and timely pursuit of final development plan approval for its permanent wireless facility; 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 an extension of the COW at 1800 East Harmony Road through the end of December 1, 2022, in order to temporarily replace the lost -2- 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. Section 2. That the City Council extends the authorization for T-Mobile to temporarily maintain the COW with the same terms and requirements set forth in Ordinance No. 167, 2021, through the end of December 1, 2022, with the exception that the requirement set forth in Ordinance No 167, 2021, that T-Mobile request extensions from the Director through June 7, 2022, be eliminated. Introduced, considered favorably on first reading, and ordered published this 3rd day of May, A.D. 2022, and to be presented for final passage on the 17th day of May, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 17th day of May, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk