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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