HomeMy WebLinkAbout090 - 07/18/2023 - AUTHORIZING AN EXTENSION OF THE TEMPORARY EXCEPTION TO THE LAND USE CODE TO ALLOW T-MOBILE TO PLACEORDINANCE NO.090,2023
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 ofT-
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
EREAS,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
Codeto 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,Council adopted Ordinance No.055,2022,
to allow the COW to remain at 1800 East Harmony Road through the end of December 1,
2022;and
WHEREAS,due to additional unanticipated delays,Council adopted Ordinance No.
124,2022,to allow the COW to remain at 1800 East Harmony Road through the end of June
1,2023;and
WHEREAS,despite T-Mobile diligently pursuing development approval and
construction of the permanent facility,further delays have caused T-Mobile to request that
Council allow the COW to remain at 1800 East Harmony Road through the end of November
30,2023;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 efforts to construct the permanent facility;and
WHEREAS,City staff recommends that the authorization for the COW be extended
through the end of December 1,2023,to allow sufficient time for construction of the permanent
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 2023 in order to temporarily 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 OLLINS 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.055,
2022,through the end of December I,2023.
Introduced,considered favorably on first reading and ordered published this 20th day of
June,2023,and to be presented for final passage on the 18th day of July,2023.
~4d
Passed and adopted on final reading this 18th day of July,2023.
ATTEST:
Deputy City Clerk
ATTEST:
Deputy City Clerk