HomeMy WebLinkAbout137 - 12/19/2017 - DENYING THE ADDITION OF PERMITTED USE ASSOCIATED WITH THE LONG POND WIRELESS TELECOMMUNICATIONS FACI ORDINANCE NO. 137, 2017
OF THE COUNCIL OF THE CITY OF FO/addition
LLINS
DENYING THE ADDITION OF PERMITTED SOCIATED
WITH THE LONG POND WIRELESS TELECICATIONS
FACILITY PROJECT DEVELOPMENT 160018
EREAS,Project Development Plan#160018 ("PDP8")proposes e placement
of a wirele telecommunications facility in the Low Densitd-Use Nei tiorhood zone
district("L- zone")on the parcel located at 2008 Turnberrparcel n ber 8832005002
(the "Parcel"); a d
WHEREAS, ireless telecommunications facilities area owed use in the L-M-N
zone; and
WHEREAS, a req st pursuant to Land Use Code ("Lction 1.3.4(C)(3), Addition
of Permitted Use, has been ade in conjunction with PDP#1or the addition of wireless
telecommunications facilities a an allowed use on the Parcel the APU"); and
WHEREAS, pursuant to UC Section 1.3.4( (3), the Planning and Zoning Board
("P&Z") shall make a recommenda 'on to Council garding the APU, Council shall be the
decision maker on the APU by ordina e, and P& hall be the decision maker on the primary
application, PDP#160018; and
WHEREAS, pursuant to LUC Sec • n 1.3.4(C)(1)(g), and in satisfaction of such
requirement, two neighborhood meetings w e Id regarding the APU with the first meeting held
prior to the submittal of the development plicate n on March 30, 2016, and the second meeting
held after submittal of the developme applicatio and completion of the first round of staff
review on May 25, 2017; and
WHEREAS, pursuant t LUC Section 1.3.4( 1)(h), and in satisfaction of such
requirement, the proposed use '
not a medical marijuana bus' ess as defined in Section 15-452 of
the City Code or a retail mar' uana establishment as defined i Section 15-603 of the City Code;
and
WHEREAS, p rsuant to LUC Section 1.3.4(C)(3)(c) regard g the requirement that the
proposed use of tele mmunications facilities is specifically prohibited • the L-M-N zone, and in
satisfaction of suc requirement, wireless cell facilities are not specifica listed as a prohibited
use in the L-M- zone; and
WH EAS, at its September 14, 2017, regular meeting, P&Z held a he ing on the APU
and reco ended to Council by a vote of 4 to 1 that Council not approve the AP • and
WHEREAS, LUC Section 1.3.4(C)(3) sets forth the criteria, as further descri ed below,
tha must be satisfied in order for Council to approve the APU; and
Ordinance not considered
December 19,2017
WHEREAS, the APU was originally scheduled for October 17, 2017, but C ncil
conti ued the hearing on October 17 to November 21 to allow City staff time to evaluate t issues
raised i a letter from legal counsel for Verizon Wireless; and
W REAS, at the request of the APU applicant Atlas Tower, Council fu er continued
the hearing o ovember 13 to December 19, 2017; and
WHERE A , on December 19, 2017, Council held a public hearing the APU at which
the APU applicant, embers of the public, and City staff presented uncil with evidence,
testimony and argume t:
NOW,THEREFO BE IT ORDAINED BY THE COUN OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby makes an and all determinations and findings
contained in the recitals set forth a ve.
Section 2. That the Counci , after holding public hearing on December 19, 2017, at
which members of the public, the APU a licant,'an City staff provided evidence and argument,
and after considering the P&Z recommend a 'on o the APU, hereby denies the requested APU to
add wireless telecommunication facilities as u specifically limited to the Parcel located in the
L-M-N zone.
Section 3. That the Council, ased on the evidence and information which was
provided and presented to the Council the hearing i this matter, makes the following findings
of fact and conclusions of law:
(1) The APU fails to sati y the following requirem t or requirements set forth in LUC
Section 1.3.4(C)(1) s follows:
(a) Such use is of appropriate in the L-M-N zone.
(b) Such u does not conform to the basic characteristics o the L-M-N zone and the
other per itted uses in the L-M-N zone.
(c) e location, size and design of such use is not compatible wit and has more than
imaI negative impact on the use of nearby properties.
(d) Such use creates more offensive noise, vibration, dust, heat, smoke, or, glare or
other objectionable influences or more traffic hazards, traffic generation o attraction,
adverse environmental impacts, adverse impacts on public or quasi-public cilities,
utilities or services,adverse effect on public health,safety,morals or aesthetics, other
adverse impacts of development, than the amount normally resulting from the ther
permitted uses listed in the L-M-N zone. I ,
(e) Such use will change the predominant character of the surrounding area.
Ordinance not considered
December 19,2017
(f) Such use is not compatible with the other listed permitted /19th
zone
The APU is detrimental to the public good;
(3) e APU is not in compliance with the requirements and crin LUC
Se tion 3.5.1.
Introduce considered favorably on first reading, and ordered pu day ofDecember, A.D. 20 and to be presented for final passage on the 2nd da . 2018.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading o the 2n day of January, A.D. 2018.
ayor
ATTEST:
City Clerk
Ordinance not considered
December 19,2017