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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