HomeMy WebLinkAboutT-MOBILE WTF, 1108 W. VINE DR. - PDP - PDP110013 - DECISION - CORRESPONDENCE-HEARINGT-Mobile Wireless Facility � . P, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 9 of 9
1. The Project Development Plan complies with all applicable administrative
standards contained within Article 2 of the Land Use Code.
2. The Project Development Plan complies with all applicable General
Development Standards contained in Article 3 of the Land Use Code.
3. The Project Development Plan complies with all applicable district
standards of Section 4.24 of the Land Use Code, C-L—Limited
Commercial District.
RECOMMENDATION:
Staff recommends approval of the T-Mobile Wireless Telecommunications Facility,
Project Development Plan - #PDP110013 with the condition of additional coniferous tree
landscaping at the base to further mitigate visual impacts along West Vine Drive.
DECISION
The t-Mobile Wireless Telecommunications Facility, Project Development Plan -
#110013 is hereby approved by the Hearing Officer with the following condition:
The applicant shall add two (2) coniferous (evergreen) trees, 6-8' tall at time of
planting, --to be -located- -adjacent-to -wood --screen--fence;- south of -proposed-
monopole, and adjacent to northwest corner of property and west of fenced
enclosure. The proposed shrub varieties should be planted adjacent to wood
fence on south and west sides. This condition will provide additional screening
of foundation of equipment area and visual impacts from West Vine Drive.
Dated this 5th day of October 2011 per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
17
Pet Wray
Senior City Planner
T-Mobile Wireless Facility PUP, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 8 of 9
As the Hearing Officer, I understand the points raised by the property owners
north of the proposed site, although their comments appear to be somewhat
conflicting. On the one hand and initially they were opposed to a
telecommunications tower locating in close proximity to their property. As stated
in the letter submitted by these owners, they later acknowledged the need for
such a facility in this general area of the City, and have been contacted by
potential wireless telecommunications providers to locate on their property and
could support such development including Verizon Wireless. The owners further
stated concerns that the applicant is not meeting the 1:1 ratio setback
requirements of the Land Use Code for a monopole type of tower.
Two representatives of Verizon Wireless as stated above, request a taller tower
and larger facility design to accommodate future co -location on site.
In reviewing the proposed PDP, the tower and facility is in compliance with
applicable Land Use Code general design and development standards in Article
of the, Article 3, and district standards of Section 4.24 of the Land Use Code, C-
L—Limited Commercial District.
The proposed tower is located away from the immediate intersection of W. Vine
Drive and North Shields Street on the northwest corner of the property to off -set
visual impacts from the public right-of-way. This location will also not preclude
future redevelopment of the existing property. The applicant has provided an
engineering letter certifying that the monopole will collapse, rather than topple. In
the event of failure, the point of collapse will be entirely on the property to justify
variation from the setback requirements.
Further, the proposed design of the canister and monopole height will allow for
future co -location of additional facilities in second level between 50-60 feet in
height. The proposed canister design is more stealth by hiding exterior antenna
"wings". and as such is more compatible with surrounding residential and non-
residential uses. It is not certain that adding an additional five (5) feet on pole
height will satisfy all stated co -location needs from other wireless
telecommunication providers.
The staff recommendation for additional landscaping as a condition of approval
is supported by the Hearing Officer (see below for more details).
FINDINGS OF FACT / CONCLUSIONS:
After reviewing the T-Mobile Wireless Telecommunication Facility, Project Development
Plan - #110013, staff makes the following findings of fact and conclusions:
T-Mobile Wireless Facility r-L)P, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 7 of 9
Stealth Technology: The facility is designed with a stealth sheath
cover for the array which is much less visually intrusive than
traditional triangular antenna arrays. The proposed design has
been used successfully elsewhere in Fort Collins.
4. Article 4 - Districts
A. Division 4.24 of the Land Use Code, C-L, Limited Commercial Zone
District
Wireless telecommunication facilities are permitted in the Limited
Commercial Zone District subject to. an administrative (Type 1) review and
hearing.
The PDP meets the applicable Development Standards as follows:
1. Section 4.24(D) (1) Building height. The maximum building height for
the Limited Commercial District is three (3) stories. Additionally, the Land
Use Code defines a story to be up to 25' in height. As proposed, the
wireless telecommunication facility is 70' tall, which is under the 75' (3
stories) maximum.
At the Hearing the property public comments were received by the owner to the north of
- - -the project --site (Tina -Gable).-along with Written -comments from Barbara A ams .and
Charles Richard. The owners expressed concerns of the proposed cell tower adjacent
to their property including visual height impacts, and setback safety issues being so
close to the north property line. She asked why this facility could not be located further
to the south or in middle of site.
Additional written and verbal comments were received from two representatives of
Verizon Wireless (Irene Cooke, and David Born). Both stated the future need for
Verizon Wireless to co -locate in this general area of the City. In their opinion, the
proposed canister will preclude their future facility needs. The potential lower level for
additional antennas would e4uate to approximately sixty (60) feet in at highest elevation
for co -location, resulting in marginal coverage potential. They recommend T-Mobile
design a taller tower (75') and canister design that would allow for other carriers to co -
locate on same facility. If this application is approved, it will be "extremely difficult" to
obtain zoning approval for another communications site in close proximity to this site.
T-Mobile Wireless Facility PDP, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 6 of 9
b. Wireless Telecommunication Facilities: The proposed monopole
will be painted a neutral "passive" color, in order to minimize visual
impacts. The equipment at the ground level will be screened by a
six-foot timber fence as well as landscaping. As proposed, the
additional landscaping consists of four (4) blue oat grasses along
the northwest corner of the property. Staff is recommending
additional landscaping;
c. Wireless Telecommunication Equipment: As noted above, the
monopole will be painted a neutral color to minimize visual impacts;
d. Landscaping: The applicant is proposing four (4) blue oat grasses
to the west of the enclosed electrical ground facility. Additional
landscaping at the base of the equipment is recommended due the
visual impact from West Vine Drive. Staff recommends planting
coniferous trees at the base to provide additional year round
screening.
e. Fencing: A six-foot solid timber fence is proposed to enclose the
ground equipment;
f. Lighting: No additional lighting is proposed on the monopole nor the
ground equipment;
g. Interference: The proposed facility will not interfere with other types
of electronics or wireless providers. If there are problems, the
Applicant will be responsible for repairing the equipment;
h. Access Roadways: The property takes access off of West Vine
Drive and adequate access is provided;
i. Foothills and Hogbacks: This proposal is not in or near the foothills;
j. Airports and Flight Paths: The proposed monopole is not located
near an airport or within a flight path;
k. Historic Sites and! Structures: The proposed equipment is not
located on a historic structure, nor is the site located within a
historic district; and
T-Mobile Wireless Facility rJP, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 5 of 9
i. Views: The tower is proposed to be located up against the western
wall of the storage facility on the rear portion of the lot. Views of
the foothills would be from the eastern side of the Animal House
building, off of North Shields Street and the monopole would not
greatly impact those views.
ii. Light and Shadow: The proposed tower is approximately three feet
in diameter and 70 feet tall. Shadows cast from this structure are
not substantial enough to have an adverse impact on neighboring
properties.
iii. Privacy: Since the proposed tower is not habitable, no privacy
issues will result.
iv. Neighborhood Scale: Though the proposed tower is not similar to
the mass and scale of the single family residences to the south, it is
compatible with them in that it is within the allowable height for the
zone district and incorporates stealth technology so that it is not
much more obtrusive than a light pole or other utility pole.
v. Land Use Transition: This proposal may be considered to represent
a significantly different visual character than the adjacent uses.
Given that a gradual transition is not possible, the development
-plan --shall to -the -maximum extent-f(jasible, achieve compatibility
through adhering with the rest of the standards of this section,
including color and operational standards, which this project has
provided for as described below.
B. Section 3.8.13, Wireless Telecommunication
1) Location and Co -location [Section 3.8.13 (A) and (B)—The wireless
telecommunication equipment is proposed to be ground mounted
within the LC —Limited Commercial District. The Applicant made a
good faith effort to co -locate with existing facilities in the vicinity with no
success. If approved, the Applicant may not prevent future
telecommunication carriers from further co -locating upon this structure.
2) Standards [Section 3.8.13 (C)]—
a. Setbacks: The applicant has provided an engineering letter certifying
that the monopole will collapse, rather than topple. In the event of
failure, the point of collapse will be entirely on the property.
T-Mobile Wireless Facility PDP, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 4 of 9
The Federal Telecommunications Act of 1996 restricts municipalities' ability to deny
telecommunications equipment installations. A municipality may not deny a wireless
facility because it does not want such development in the community or because of
concerns about negative health consequences from radiation emitted by wireless
facilities. Cities can stipulate in which zone districts wireless facilities are permitted.
Fort Collins allows wireless telecommunications facilities only in zone districts which are
primarily commercial, industrial or in public open lands.
2. Article 2 — Administration
T-Mobile Wireless Telecommunication Facility at 1108 West Vine Drive, Project
Development Plan complies with the applicable requirements of the Land Use Code,
including the procedural requirements located in Division 2.2 — Common Development
Review Procedures for Development Applications; and Division 2.4 — Project
Development Plan.
3. Article 3 — General Development Standards
The T-Mobile Wireless Telecommunication Facility at 1108 West Vine Drive, Project
Development Plan, complies with the applicable requirements of the Land Use Code,
including those located in Division 3, General Standards.
A. Section 3.5.1 Building and Project Compatibility
1) Purpose [Section 3.5.1 (A)] —The purpose of the building standards
section is to ensure that the physical and operational characteristics of
proposed buildings and uses are compatible when considered within
the context of the surrounding area. This proposal meets the
compatibility standards as noted below.
2) Color [Section 3.5.1 (F)]—The proposed tower will be painted a neutral
shade, Sherwin Williams "Passive", to blend in with the surrounding
built environment and minimize visual impacts.
3) Building Height Review [Section 3.5.1 (G)]—Special Height
Review/Modifications: The section establishes a special review
process for buildings or structures which exceed 40 feet in height. The
applicant has submitted required photo -simulations which are
attached. The proposed wireless facility meets the review standards
including:
T-Mobile Wireless Facility rJP, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 3 of 9
Written Comments:
1. Letter from Charles Richard and Barbara Adams, dated September 6,
2011 (723 N. Shields Street, FC).
2. Letter from Irene Cooke, dated September 26, 2011 (Closer Consulting,
LLC - Consultants to Verizon Wireless).
FACTS AND FINDINGS
Wireless telecommunication facilities are permitted in the C-L, Limited Commercial
District, subject to an administrative hearing. The Project Development Plan (PDP)
complies with the applicable Administrative and General Development standards and
the C-L, Limited Commercial District.
1. Background
The surrounding zoning and existing land uses are as follows:
N: CL—Limited Commercial (existing single family dwelling with stable);
E: - CL—Limited Commercial (fuel station);-- - - - - -- -- - —
S: NCL—Low Density Residential District (existing residential neighborhoods);
W: LMN— Low Density Mixed -Use Neighborhood District (existing residential
neighborhoods).
Historically, the property was annexed into the City in June of 2008 as part of the
Shields -Vine Annexation. The property is not platted. Currently, Gallegos Brothers
Partnership (of Gallegos Sanitation) owns the property and leases the front office
building to the Animal House Shelter and Grooming.
Early on in the process, the applicant made a good faith effort to co -locate their facility
on an existing AT&T wireless telecommunication facility at City Park to the south, but
was unable due to inability to negotiate a lease. The applicant also participated in
meetings attempting to coordinate a future co -location on this facility with Verizon
Wireless.
The proposed wireless facility is a monopole with a stealth sheath configuration. The
staff review meeting was held on September 7, 2011. The applicant has submitted a
visual analysis, including photo -simulations of the tower, which are attached.
T-Mobile Wireless Facility PDP, # 110013
Administrative Hearing Findings, Conclusions, and Decision
October 5, 2011
Page 2 of 9
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.
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:15 p.m. on September 26, 2011 in the NSVenti Conference
Room at 281 North 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;
(3) a sign up sheet of persons attending the hearing; and (4) a tape recording of 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:
Courtney Rippy, Planning Tech
From the Applicant:
Steve Warner, ATECS for T-Mobile, 7901 E. Lowry Blvd., Denver, CO 80230
John Keating, ATECS for T-Mobile, 7901 E. Lowry Blvd., Denver, CO 80230
From the Public:
Flint M. Alley, 1037 West Vine Drive, Fort Collins, CO 80521
Art Gallegos, 4421 Rosegate Ct., Fort Collins, CO 80526
Tina Gable, 723 N. Shields Street, Fort Collins, CO 80524
Irene, Cooke, P.O. Box 423, Tabernash, CO 80478 (Verizon Consultant)
David Born, 3131 Vaughn Way, Aurora, CO 80014 (Verizon Wireless)
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
September 26, 2010
T-Mobile Wireless Telecommunications
Facility Project Development Plan
#110013
T-Mobile
7901 E, Lowery Blvd., Suite 300
Denver, CO 80230
GBP Partnerships, LLC
1941 Heath Parkway
Fort Collins, CO 80524
Pete Wray
Senior City Planner
This is a request for the construction of a new 70 foot wireless telecommunication pole
and facility in the northwest corner of the Animal House Dog Rescue and Shelter
parking lot, adjacent to the west side of storage facility. The site is located north of West
Vine Road and west of North Shields Road at 1108 West Vine Drive. The proposed
structure will be designed as a monopole with a canister to house antennas at the top
and also include a six (6) foot wood screening fence at the base. This site is zoned C-L,
Limited Commercial District, and Wireless Telecommunication Facilities are permitted,
subject to an administrative (type 1) review and public hearing (Land Use Code, Section
4.24(B)(2)).
SUMMARY OF HEARING OFFFICER DECISION:
ZONING DISTRICT: C-L, Limited Commercial District
STAFF RECOMMENDATION: Approval with condition
Planning, Development & Transportation Services
City of
F6rt Collins
October 5, 2011
Community Development & Neighborhood Services
281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.416.2740
970.224.6134- fax
fcgov.com
Attendee of the T-Mobile Wireless Telecommunications Facility Project Development
Plan, # 110013 Public Hearing,
Please find attached to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for T-Mobile Wireless Telecommunications Facility Project
Development Plan, # 110013.
Pursuant to Section 2.2.7(D) of the Fort Collins Land Use Code, this Decision has been
mailed to the applicant and any person who attended and/or provided testimony at the
public hearing held on September 26, 2011.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article ll, Division 3 of the City Code, within 14
calendar days of the date of final action October 5, 2011 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on October 19, 2011. Guidelines explaining the
appeal process, including the Code provisions previously referenced, can be found
online at fcqov.com/cityclerk/appeals.php, or may be obtained in the City Clerk's Office
at 300 LaPorte Avenue.
If you have any questions about the attached Decision or the appeal process, please
contact me at 970-221-6754.
Sincerely,
Pete ray
Senior City Planner