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Home My WebLink AboutT-MOBILE CEDARWOOD WTF - PDP - 38-06 - DECISION - CORRESPONDENCE-HEARINGAdministrative Public Hearing Sign -In Project: Meeting Location: Date: I PLEASE PRINT CLEARLY Name Address Phone Email /bra u, 1 .01� 27W 13RU S �S C)• &1c /20 beAL)6 e 4• &gayi i-a3 vy King Soopers (Cedarwood) WT. rDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 6 of 6 Dated this 30th day of May 2007, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. _ r Cameron Gloss Current Planning erector King Soopers (Cedarwood) W , PDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 5 of 6 The Hearing Officer acknowledges and appreciates that the adjacent property owners have provided careful thought in the framing of their concerns about noise and health impacts; however, the weight of evidence presented by the Applicant and corroborated by the City staff or through submitted data, supports a finding of compliance with the applicable noise and health standards. The Hearing Officer concurs with the neighbor's expressed concern over visual impacts. While the Hearing Officer acknowledges that the applicant has attempted to find a different location for the facility; the proposed location provides an unacceptable visual impact. When viewed in the context of the adjacent residential neighborhood and a highly traveled adjacent street (W. Elizabeth Street), the Project appears incompatible with the character of the surrounding area. The Building and Project Compatibility Standards of Section 3.5.1 of the Land Use Code require the facility to be in a complementary location relative to the context. With a relative lack of tree canopy near the monopole to provide screening and impart a sense of scale, the facility will provide unacceptable level of visual quality and be in stark contrast to the immediate surroundings. Therefore, based on the evidence presented at the hearing, the Project fails to comply with compatibility standards of Section 3.5.1 of the LUC. SUMMARY OF CONCLUSIONS A. The King Soopers (Cedarwood Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The King Soopers (Cedarwood complies with all applicable district standards of Section 4.16 of the Land Use Code, (D) Downtown District, Civic Center Sub- district. C. The King Soopers (Cedarwood ) Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code except Building and Project Compatibility standards found in Section 3.5.1. DECISION The King Soopers (Cedarwood) Project Development Plan #38-06, is hereby denied by the Hearing Officer. 5 King Soopers (Cedarwood) Wi , rDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 4 of 6 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project complies with Section 3.8.13 of the LUC. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with this section. Two property owners within the immediate vicinity expressed concerns about the Project's impact on the neighborhood. Wendy Clark, a resident of 1020 Montview Rd., located immediately south and west of the proposed facility, raised questions and concerns about aesthetic and noise impacts of the facility, health impacts from the equipment's operation, potential for conflicts with King Soopers' delivery operations and potential diminution of property values. A letter was submitted from the Fort Collins Housing Authority, the property owner to the west, objecting to the Project on aesthetic and health grounds. The Housing Authority owns the 2- 24 plex buildings located directly to the west and is anticipating construction of a community room addition close to the ` telecommunications tower in the near future. With respect to health hazards associated with radio waves, the applicant responded to the comments by stating that the facility will operate under strict FCC and EPA regulations and is limited to a maximum microwattage transmission. Exposure will be substantially lower than the FCC limit and presents little health risk. No information was provided by the staff or the public that would refute these statements. Another compatibility issue raised during the hearing is the potential for interference between telecommunications and television and radio transmissions. The applicant has stated that wireless telecommunications equipment are designed and operated at frequencies which do not to interfere with levels used by other electronic devices such as radios and televisions. Concerns were expressed during the hearing about the noise level generated by the proposed ground -mounted radio equipment. Based on the acoustical engineering analysis provided as part of the development application, the Hearing Officer is convinced that the proposed equipment will operate within the parameters of the City's noise ordinance. The ordinance requires that noise levels be at or below 50 dBA during evening hours and 55 dBA in the daytime. Noise measurements are taken at the abutting residential property line. Data clearly indicates that the standard is being met. 4 King Soopers (Cedarwood) W t , r3DP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 3 of 6 FACTS AND FINDINGS 1. Background The surrounding zoning and land uses are as follows: N: NC —Neighborhood Commercial District (existing offices immediately to the north, Ram's Pointe and Ram's Park apartments across Elizabeth, with MMN-Medium Density Mixed Use Neighborhood District (multi -family residential) beyond; S: RL — Low Density Residential District (single family residential) E: NC —Neighborhood Commercial District (King Soopers grocery/Cedarwood Shopping Center) with RL — Low Density Residential District (single family residential) beyond; W: MMN-Medium Density Mixed Use Neighborhood District (multi -family residential). No neighborhood meeting was required for this project, since the proposed structure is less than 40 feet in height, and no meeting was held. The applicant made a good faith effort to co -locate on an existing Cingular wireless telecommunication facility at the south end of the property behind the Farmer's Table restaurant but the available pole height is below what is needed for radio frequency effectiveness. Another wireless provider (Verizon) has indicated interest in co -locating with this facility but has not submitted a formal application. T-Mobile has taken potential co -location into account when designing the pole. Any future co -location would add a section of pole above the 40 feet constructed with this project and would require a neighborhood meeting and a visual analysis. 2. Compliance with Article 4 and the NC Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NC Zoning District. Wireless telecommunication facilities are permitted in the Neighborhood Commercial District, subject to an Administrative Review. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the NC District Standards. 3 King Soopers (Cedarwood) W . . PDP Administrative Hearing Findings, Conclusions, and Decision May 16, 2007 Page 2 of 6 STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was properly posted, legal notices mailed and notice published. R �:fgldliC� The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:00 p.m. on March 16, 2007 in Conference Room A, 281 N. College Avenue, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicant's representatives to the City of Fort Collins; and (3) a tape recording of public testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Steve Olt, City Planner From the Applicant: Chris Stryker From the Public: Bill Cooper, 925 Ponderosa Dr. Wendy Clark, 1020 Montview Rd. Written Comments: E-mail message from Jeff Valloric, Fort Collins Housing Authority, to Anne Aspen dated May 16, 2007 Sound Testing Study from Jonathon Kaseman, PE dated April 8, 2006 2 City of Fort Collins Commui. y Planning and Environmental S .7ices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: OWNERS: HEARING OFFICER: PROJECT DESCRIPTION: May 16, 2007 King Soopers (Cedarwood) Wireless Telecommunication Facility, Project Development Plan #38-06 Chris Stryker Stryker Site Services 9643 Timberhawk Circle #26 Littleton, CO 80126 Robert Perry and Associates 6500 S. Quebec St., Suite 300 Englewood, CO 80111 Cameron Gloss Current Planning Director The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP) requesting approval to install a 40-foot tall freestanding wireless telecommunication monopole on the northwest corner of the Cedarwood Plaza building in a grassy area just west of the service drive behind the King Soopers grocery store. SUMMARY OF HEARING OFFICER DECISION: Denial ZONING DISTRICT: NC — Neighborhood Commercial 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020