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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