HomeMy WebLinkAbout167 - 12/21/2021 - AUTHORIZING A TEMPORARY EXCEPTION TO THE LAND USE CODE TO ALLOW T-MOBILE TO PLACE A TEMPORARY WIRELE 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-
Mobiie 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.
-1-
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 d. 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.
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 d of December, A.D.
2021.
Ma r
ATTEST:
..o�rca
. a .••' '•.•�
Interim City Clerk • SEAL
X
Passed and adopted on final reading on this •.. ....
ecember, D. 2021.
M•
ATTEST:
of FORrco
Interim City Clerk �<
SEAL N
c°to�i►oo
Account#: FTC-003160
FORT-COLLINS
' Invoice Text
J _ A , NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7
STATE OF COLORADO
COUNTY OF LARIMER
AFFIDAVIT OF PUBLICATION
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same-is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state;that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
12/28/21
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Cleric
Subscribed and sworn to before me,within the County of Brown, State of Wisconsin this
7th of January 2022.
Notary Public
Notary Expires
VICKY FEL,TY
Notary P u b I i G Legal No.0005063853
State of Wisconsin
Ad#:0005063853
Affidavit Prepared
P 0:ORDINANCE Hday,January 7,2022 11A3 am
This is not an invoice
#of Affidavits: 1
i
r
`� `#ofAf Affidavits:
NOTICE IS HEREBY GIVEN that the
Fort Collins City Council,an Tuesday,
December 21,2021,passed and adapted
the following ordinances an second
reading.
ORDINANCE NO.162,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED
GRANT REVENUE IN THE CULTUR-
AL SERVICES AND FACILITIES
FUND FOR THE GARDENS ON
SPRING CREEK
ORDINANCE NO.163,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MAKING SUPPLEMENTAL APPRO.
PRIATIONS AND AUTHORIZING RE-
LATED ACTIONS FOR THE LINCOLN
CENTER'S SHUTTERED VENUE OP-
ERATORSGRANT
ORDINANCE NO.164,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
MAKING SUPPLEMENTAL APPRO-
PRIATIONS AND APPROPRIATING
PRIOR YEAR RESERVES FOR SUP-
PLEMENTAL SNOW REMOVAL
ORDINANCE NO,165,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2022 LARIMER
COUNTY REGIONAL
TRANSPORTATION CAPITAL EXPAN-
SION FEE SCHEDULE
ORDINANCE NO.166,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROVING THE ADDITION OF
PERMITTED USES ASSOCIATED
WITH THE
FORT COLLINS-LOVELAND WATER
DISTRICT OVERALL DEVELOPMENT
PLAN ODP210001
ORDINANCE NO.167,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AUTHORIZING A TEMPORARY EX-
CEPTION TO THE LAND USE CODE
TO
ALLOW T-MOBILE TO PLACE A TEM-
PORARY WIRELESS
TELECOMMUNICATION FACILITY
AT 1800 EAST HARMONY ROAD TO
REPLACE LOST WIRELESS SERVICE
COVERAGE
ORDINANCE NO.168,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ADOPTING THE 2022 CLASSIFIED
EMPLOYEE PAY PLAN
ORDINANCE NO,170,2021
OF THE COUNCIL OF THE
CITY OF FORT COLLINS
AMENDING SECTION 2-606
OF THE CODE OF THE CITY OF
FORT COLLINS AND
SETTING THE SALARY OF
THE CHIEF JUDGE
ORDINANCE NO,171,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING SECTION 2.581 OF THE
CODE OF THE CITY OF
FORT COLLINS AND SETTING THE
SALARY OF THE CITY ATTORNEY
ORDINANCE NO.172,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS TEMPORARILY SU-
PERSEDING CITY CODE AND SET-
TING THE COMPENSATION AND
TERMS OF EMPLOYMENT OF THE
INTERIM CITY MANAGER
The full text of these ordinances can be
found at http:1/fc90V.comlpubIicnatices
or by calling the City Clerk's Office at
970.221.6515.
0005063853
Coloradoan
Dec 28,2021
Account#}: RTC-003160)-)C
FORT-COLLINS
E
w
Invoice Text
0� NOTICE 1S l-IERFBY GIVEN that the Fort Collins City Couni
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMIR)
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins,in said county and state:that the notice or advertisement,of which the annexed is a true
copy,has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice,and in the newspaper proper and not in a supplement thereof;that the publication of said
notice was contained in the issues of said newspaper dated on
12/1212i
that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
period of at least six months next prior to the first publication of said notice or advertisement above
referred to; that said newspaper has been admitted to the United States mails as second-class matter
under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said
newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
the meaning of the laws of the State of Colorado.
Legal Clerk
Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
12th of December 2021.
r
Notary Public
Notary Expires
1/ C KY F i i Y Legal No.0005038994
Ad#:0005038994 Notary Public
PO: State of Wisconsin Affidavit Prepared
This is not an invoice Sunday.December 12,20:3:34 am
#of Affidavits 1
CENT ER'S SHU7iERED�/ENUE QP OFT IE CODEt OF T11
FO C11`y y \
E RATORS GRANT RTCOLLINw� ,,NA
SETTINGTHES kY10
ORDINANCE ND;164 2021'
THE CHIEF JUDG
,
OF THE COUNCIL OF THE CITY DF 0RDINANCE NO 171 ' , 4
FORT COLLINS OF THE COUNCIL OF,T1E C� YF `
MAKING-.SU.PPLEMENTAL-APPR6 FORT COLLINS
PRIATIONS AND APPROPRJATING gMENDING:SECTION 2-501 QF 1 H
PRIOR YEAR RESERVES FOR SUP CObE OF'TH7 CITY QF
PLEMENTAL SNOW REMOVAL FORTCOL'LINS AND SE71�G Y NE
SALARY 0) T1lE CITY AT ONEY i
ORDINANCE NO.165,2021
OF THE COUNCIL 017 THE CITY OF O`RDINg1tGE NO 172 021
FORT COLLINS OF THE COUNCIL OF THE GI 3 �F
ADOPTIN.GFHE2022LAR[INER FpRTCOL`LIbiS TLMP,, RARIL�?'SUx
COUNTYREGIONAL pER_SEM0.6'CITYCO EANLSSrT
TRANSPORTATION CAPITAL EXPAN T1NG.THE COMPENSATION AN;D z i
S10N FEE SCHEDULE 7ERl1hS OF EMpLOYMI"NT OF THE 6-
; INTERIM CITY MA1JRf�ER -�
QRD[NANCEJ�Q 166,2021 j�, z
OF THE COUNCIL OF•;THE CITY OF
FORT COL1Ns The fullfioxfi of these ordlriance5 cbrrbe
found at
APPRQV:ING THE"'ADDITION OF , http/I#cgoy cbfnlpublitnotls
P,ERMITT�ED-;USES o
PSSOCIATEDr by dpllitt9 the Gity C[bNs Off3e0 ctt
WITH THE
970 221 6515
FORT COLLINS LOVELAND WATER 0005030994
DISTRICT OVERALL DEVELOPMENT Calnradoon ,
PLAN ODP210001 D?celriber l2,2621
ORDINANCE NO 167,2021
OFT HE COUNCIL OF:THE CITY DF
FORT COLLINS:,
`AUTHORIZING.A TEMPORARY EX
;CEPTION TQ THE-LAND USECODE z
TO
ALLOW T MOBILE'TO PLACE A TEM
PORARY WIRELESS
rvo710E15WEREBYGIVEN',thotthe TELECOMMUNICATlONFACILITY'
Fort COIIIns:City,COunci1 an;Tue'sday, . AT aBaO EAST HARMONY,ROAD TO
December l;`2021,,passed and adopted REPLACE LOST W:IRELE55 SERVICE
the folloWI69:ordindnces,on ficsfi ` _ COVERAGE
reading, These ordinances will be pre _
sehfied for final passage on Tuesday De. ORDINANCE NO 1GS,202i
cember21v2021 OF THE COUNCIL.OF THE CITY OF
FORT COLLINS
ORDINANCE NO 162 2021 ADOPTING THE 2022 CLASSIFIED
OF THE-..COUNCIL OF.THE,CITY OF, EMPLOYEE'P71Y PLAN7.
FORT COLLINS '-
APPROPRIATING UNANTICIPATED' ORDINANCE NO 169,2021
GRANT REVENUE`IN THE CULTUR OF THE:COUNCIL,OF:THE CITY OF ;
AND.FACILITIES. FORTCO,L.LINS
FUND:FOR THE GARDENS ON AMENDIfJG'THE'CODE OF>.THE CITY
SPRINGs'CREEK'; OF;FORT.COLLINS PERTAINING TO
ADOPTION'OF THE'CL.ASSIFIED EM
QRD.INANCE<NO 163,2021 PLOYEES P.AY PLAN=,
OFTHE,COUNCIL:OF THE;CI7Y OP:
FORT COLLINS ORDINANCE.NO 170,2021
IV4AKING'SUPP.L EMENTAL APPRO-. OF THE COUNCIL OF THE
PRIATIONS AND'AUTHORIZING,RE-. "CITY`OF FORT;COLL:INS
LATED ACTIONS FOR THE LINCOLN AMENDING'SECTION:2.606
'I
i
i
i
E
i
1
i
i
i
i
E