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HomeMy WebLinkAbout055 - 05/17/2022 - AUTHORIZING AN EXTENSION OF THE TEMPORARY EXCEPTION TO THE LAND USE CODE TO ALLOW T-MOBILE TO PLACEORDINANCE 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 me 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 MA.D. 2022. ATTEST: A( City Clerk 164,1E : ESL G Passed and adopted on final reading ATTEST: City Clerk/ NvAo` 17th day of May, A.D.