HomeMy WebLinkAbout090 - 07/03/2018 - DENYING THE ADDITION OF PERMITTED USE ASSOCIATED WITH THE CENTURY WIRELESS TELECOMMUNICATIONS FACILI ORDINANCE NO:090, 2018
OF,THE COUNCIL OF THE CITY OF FORT COLLINS
DENYING THE ADDITION OF PERMITTED USE ASSOCIATED
WITH THE CENTURY WIRELESS TELECOMMUNICATIONS
FACILITY PROJECT DEVELOPMENT PLAN #170017
WHEREAS, Project Development Plan#170017 ("PDP#170017")proposes the pl ement
of a wi less telecommunications facility in the Low Density Residential zone dis ct ("R-L
zone") o the parcel located at 620 W. Horsetooth Road, parcel number 9726 9901 (the
"Parcel");
WHE S,wireless telecommunications facilities are not an allowed se in the R-L zone;
and
WHEREAS, a quest pursuant to Land Use Code ("LUC") Se ion 1.3.4(C)(3), Addition
of Permitted Use, has b n made in conjunction with PDP#17001 for the addition of wireless
telecommunications facilit s as an allowed use on the Parcel (the APU"); and
WHEREAS, pursuant o LUC Section 1.3.4(C)(3 the Planning and Zoning Board
("P&Z") shall make a recomm dation to Council reg ing the APU, Council shall be the
decision maker on the APU by or 'nance, and P&Z sh be the decision maker on the primary
application, PDP#170017; and
WHEREAS, pursuant to LUC ectio 1.3.4(C)(1)(g), and in satisfaction of such
requirement,two neighborhood meetings re eld regarding the APU with the first meeting held
prior to the submittal of the development ap cation on March 23, 2017, and the second meeting
held after submittal of the development pli tion and completion of the first round of staff
review on January 31, 2018; and
WHEREAS, pursuant to UC Section 1. 4(C)(1)(h), and in satisfaction of such
requirement,the proposed use is of a medical marijuan business as defined in City Code Section
15-452 or a retail marijuana es blishment as defined in ity Code Section 15-603; and
WHEREAS, purs nt to LUC Section 1.3.4(C)(3)(c) egarding the requirement that the
proposed use of teleco unications facilities is specifically p hibited in the R-L zone, and in
satisfaction of such r quirement, wireless cell facilities are not s cifically listed as a prohibited
use in the R-L zon , and
WHE AS, at its May 17, 2018, regular meeting, P&Z held a earing on the APU and
recommen d to Council by a vote of 4 to 1 that Council approve the PU with a condition
limiting t e proposed wireless telecommunications facility to a maximum 4 foot height; and
WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further escribed below,
th must be.satisfied for Council to approve the APU.
Not Considered on First Reading
July 3, 2018
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFF T
COL INS as follows:
ction 1. That the City Council hereby makes any and all determinations findings
contained i the recitals set forth above.
Section That the Council, after holding a public hearing on July , 2018, at which
members of the blic, the APU applicant, and City staff provided evidenc d argument, and
after considering th P&Z recommendation on the APU and the record of th &Z hearing,hereby
denies the requested U to add wireless telecommunication facilities as use specifically limited
to the Parcel located in e R-L zone.
Section 3. That e Council, based on the evidenc and information which was
provided and presented to the Council at the hearing in this ma er, makes the following findings
of fact and conclusions of law:
[SELECT THE APPLICA LE CRITERIA]
(1) The APU fails to satisfy the iteria set f h in LUC Section 1.3.4(C)(1) as follows:
(1) Such use is not appropriate i t R-L zone.
.(2) Such use does not conform the asic characteristics of the R-L zone.and the other
permitted uses in the R-L zo
(3) The location, size design of such e is not compatible with and has minimal
negative impact on t use of nearby properti s.
(4) Such use cre es more offensive noise, vibrat n, dust, heat, smoke, odor, glare or
other objectio able influences or any more tra c hazards, traffic generation or
attraction, a erse environmental impacts, adverse i acts on public or quasi-public
facilities, tilities or services, adverse effect on pu is health, safety, morals or
aesthet' s, or other adverse impacts of development, han the amount normally
resul ' g from the other permitted uses listed in the R-L zon .
Such use will change the predominant character of the surro ding area.
(6) Such use is not compatible with the other listed permitted uses i the R-L zone.
(b) The APU is detrimental to the public good.
Section 4. That the Council's denial of the APU in this Ordinance is based upon the
development proposal described in PDP#170017 and the associated APU request, the testimony
and evidence presented at the July 3, 2018, APU hearing, 'the P&Z hearing record, and
consideration of the P&Z recommendation.
Not Considered on First Reading
July 3, 2018
Section 5. That Council hereby finds, based upon the testimony and evidence
pr ented at the July 3, 2018, APU hearing and the May 17, 2018, P&Z hearing record that:
SELECT THE BELOW APPLICABLE CRITERIA]
1. he applicant has failed to establish that a significant gap in co rage exists
n essitating the requested wireless telecommunications facility beca e [ADD ANY
FI INGS IN SUPPORT OF THIS CONCLUSION].
2. The app 'cant has failed to establish that the requested wirele telecommunications
facility is the least intrusive means of addressing the ex' ing significant gap in
coverage cause [ADD ANY FINDINGS IN UPPORT OF THIS
CONCLUSI ].
Introduced, considere favorably on first reading, and rdered published this 3rd day of
July, A.D. 201.8, and to be pres ted for final passage on the th day of July, A.D. 2018.
Mayor
ATTEST:
City Clerk
Passed and adopted on fi 1 reading on the 17th y of July; A.D. 2018.
Mayor
ATTEST:
City C rk
Not Considered on First Reading
July 3, 2018