HomeMy WebLinkAboutT-MOBILE (CEDARWOOD PLAZA) WTF - PDP - 38-06A - CORRESPONDENCE -info can now be considered as a win -win solution for everyone." By their
own admission, there was no evidence that the hearing officer failed to
receive at the hearing and that, accordingly, there is no fair hearing issue
raised in the Notice of Appeal that would justify a remand.
The appeal was brought about in part because City staff had in another
unrelated meeting with representatives of King Sooper's subsequent to
the hearing learned of another possible alternative location for the cell
tower. City staff had thought that a compromise might be reached with
the owner of the Cedarwood Shopping Center so that the wireless
telecommunication facility could be installed in the parking lot of King
Sooper's which would be to the satisfaction of both the appellant and the
applicant. In an attempt to broker a deal, the staff suggested that an
appeal be filed in order to preserve the appellants' rights while a new
arrangement could be put together. Ultimately, the property owner was
not interested in considering another location so this arrangement did
not materialize.
The appellants had the opportunity to pursue their appeal, but lacking a
strong footing in which to make the appeal, they opted to withdraw the
appeal and abide by the hearing officer's decision.
The applicant will continue with the Final Plan review component of the
development review process and is required by the hearing officer's
condition in the decision to work with the neighbors and staff to create a
tree buffer to visually screen the tower from the back yards of the
neighbors.
Attachments:
Administrative Hearing Officer Decision
Photosimulation of tower at site
Photo of view from closest neighbor (and appellant's) back yard
City of Fort Collins
Planning. evelopment and Transportatio. ervices
Planning and Zoning
MEMORANDUM
DATE: November 16, 2007
TO: Councilman Kelly Ohlson
FROM: Anne Aspen, City Planner, -
THROUGH: Darin Atteberry, City Manager
RE: SAR Request #900--Cedarwood Wireless
Telecommunications Facility Appeal
Question from Councilman Kelly Ohlson:
Who planned to appeal the cell tower at the King Soopers at Taft Hill &
W. Elizabeth (were they proponents or opponents of the tower) and why
was the appeal withdrawn?
Answer:
The administrative hearing officer's decision in the September 5, 2007
hearing was a conditional approval. The condition was to work with staff
and affected neighbors to create a screen of trees between the neighbors'
back yards and the tower itself to mitigate the visual impacts of the
tower.
In their appeal, the appellants raised the question of whether the hearing
officer should have approved the project as having met the requirements
of the Land Use Code pertaining to compatibility (though they did not
specifically cite this as a reason for their appeal) and they also raised the
question of whether the hearing officer conducted a fair hearing with
regard to whether he received all relevant evidence that was offered at the
hearing, citing Section 2-48(b)(2)(d) of City Code.
The appellants stated in the appeal that "this concerns new information
that came in after the hearing deadline ... we are appealing so this new
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