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Edora Park Wireless Telecommunication Facilitt DPP
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Edora Park Clearwire WTr r'DP Administrative Hearing Findings, Conuasions, and Decision
December 14, 2010
Page 7 of 7
SUMMARY OF CONCLUSIONS
After reviewing the Edora Park Clearwire Wireless Telecommunications Facility, Project
Development Plan - #25-10, staff makes the following findings of fact and conclusions:
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 4.23 of the Land Use Code, POL—Public Open Lands District.
RECOMMENDATION
Staff recommends approval of the Edora Park Clearwire Wireless Telecommunications
Facility, Project Development Plan - #25-10.
DECISION
The Edora Park Clearwire Wireless Telecommunications Facility, Project Development
Plan - #25-10 is hereby approved by the Hearing Officer, subject to obtaining the right to
use the land in accordance with the leasing procedures of the City of Fort Collins.
Dated this 14th day of December, 2010 per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
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Ted Shepard
Chief Planner
Edora Park Clearwire WTF PDP Administrative Hearing Findings, Conclusions, and Decision
December 14, 2010
Page 6 of 7
f. 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;
g. Access Roadways: The adjacent service drive aisle is capable of
supporting emergency response equipment of the Poudre Fire
Authority;
h. Foothills and Hogbacks: This proposal is not in or near the
foothills;
i. Airports and Flight Paths: The proposed monopole is not located
near an airport or within a flight path;
j. Historic Sites and Structures: The proposed equipment is not
located on a historic structure, nor is the site located within a
historic district; and
k. Stealth Technology: The facility is designed with a stealth shroud
cover for the array which is much less visually intrusive than
traditional triangular antenna arrays. Additionally, lights of similar
quality were added on the structure in order to mimic other light
poles found around the ball field. The proposed design has been
used successfully elsewhere in Fort Collins.
4. Article 4 — Districts
A. Division 4.23 of the LUC, Public Open Lands Zone District
Wireless telecommunication facilities are permitted in the Public Open
Lands District subject to an administrative (Type 1) review and hearing.
The PDP meets the applicable Development Standards as follows:
1. Section 423(E) (1)(a) Overall Plan. The applicant has
demonstrated that the development plan contributes to the
existing development in the surrounding area in terms of facility
siting and character, and site design.
At the hearing, questions were asked about the nature and strength of the radio
frequency emitted by the facility. These questions were answered satisfactorily
by the applicant.
Edora Park Clearwire WTt• PDP Administrative Hearing Findings, Conausions, and Decision
December 14, 2010
Page 5 of 7
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 feasible, 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 POL—Public Open Lands 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 proposed monopole will be set back from the
existing property line by more than 75 feet. The total height of the
proposed facility is 75 feet. A future co -location may be placed on
this facility, assuming it meets all other standards.
b. Wireless Telecommunication Facilities: The proposed monopole
will be painted to match existing ball field lights in order to
minimize visual impacts. The equipment at the ground level will be
screened by a chain link fence enclosure with an interior mesh
screening to match existing context of a chain link fence around
the ball field. A similar technique was successfully used at City
Park;
c. Landscaping: No additional landscaping or screening at the base
of the equipment is required due the location of the ground
equipment adjacent to a service drive aisle and the context of a
ball field.
d. Fencing: An 8' chain link fence with cover is proposed to enclose
the ground equipment. This is acceptable due to the existing
context of the ball field and adjacent chain link fence. A different
fencing material and/or dropping the fence to 6' may have more of
a visual impact that what is proposed;
e. Lighting: Proposed lighting is mounted at 75' on top of pole and
matches existing stadium lighting and height;
Edora Park Clearwire 1M r PDP Administrative Hearing Findings, Conclusions, and Decision
December 14, 2010
Page 4 of 7
2. Article 2 — Administration
Edora Park Clearwire Wireless Telecommunications Facility, 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 Edora Park Clearwire Wireless Telecommunication Facility, 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 monopole will be painted to
match the existing ball field light poles in order to 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:
i. Views: The monopole is proposed to be located adjacent to the
outfield fence of the west baseball field, replacing and existing 75'
monopole. Views will not be impacted from this project.
ii. Light and Shadow: The proposed tower is approximately one foot
in diameter and 75' 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 adjacent single family residences, it is
compatible with them in that it incorporates stealth technology so
that it is not any more obtrusive than the existing light pole.
Edora Park Clearwire WTr PDP Administrative Hearing Findings, Concjusions, and Decision
December 14, 2010
Page 3 of 7
FACTS AND FINDINGS
Wireless telecommunication facilities are permitted in the Public Open Lands District,
subject to an administrative hearing. This Project Development Plan complies with the
applicable Administrative and General Development standards and the Zone District
standards of the P-O-L, Public Open Lands District.
COMMENTS:
1. Background
The surrounding zoning and existing land uses are as follows:
N: RL—Low Density Residential District (existing residential neighborhoods);
E: MMN - Medium Density Mixed -Use Neighborhood District (existing residential
neighborhoods);
S: RL—Low Density Residential District (existing residential neighborhoods)
IN: MMN— Medium Density Mixed -Use Neighborhood District (existing residential
neighborhoods) and NC -Neighborhood Commercial District
Early on in the process, the applicant made a good faith effort to co -locate the facility on
an existing wireless telecommunication facility within a half mile radius. Broadband
wireless internet (WIMAX), although similar to cellular technology, uses lower -powered,
smaller footprint facilities. Clearwire is targeting primarily residential neighborhoods for
this portion of its network deployment. Fort that reason, comparatively small changes in
location radius can result in a site not meeting network objectives. Therefore, co -location
on an existing facility could not be achieved.
The proposed wireless facility is a monopole with a stealth "shroud" configuration over
the antenna array. Clearwire took future co -location opportunities into consideration, as
illustrated by the projects siting, pole construction and design. They have also submitted
a visual analysis, including photo -simulations of the tower, which are attached.
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.
Edora Park Clearwire M r PDP Administrative Hearing Findings, Corn,,,,sions, and Decision
December 14, 2010
Page 2 of 7
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.
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:00 p.m. on December 2, 2010 in Venti Conference Room
(second floor) 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, 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:
Ted Shepard, Chief Planner
Courtney Rippy, Planning Tech
From the Applicant:
Michael Matzko, PO Box 3600, Avon, CO 81820
From the Public:
Mr. York, 2001 Creekwood Drive, Fort Collins CO 80525
Fernando Ramirez, 1440 Edora Road, # 20, Fort Collins, CO 80525
Written Comments:
None
Edora Park Clearwire W i PDP Administrative Hearing Findings, Con,,,�sions, and Decision
December 14, 2010
Page 1 of 7
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE:
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
December 2, 2010
Edora Park Clearwire Wireless
Telecommunication Facility, Project
Development Plan
#25-10
Michael Matzko
Matzko Consulting
PO Box 3600
Avon, CO 81620
City of Fort Collins
300 LaPorte Avenue
Fort Collins, CO 80524
Ted Shepard
Chief Planner
This is a request for seventy-five (75') high foot wireless telecommunication tower and
ground equipment at Edora Park, adjacent to the outfield fence of the west ball field.
Edora Park is located north of East Stuart Street and west of Welch Street. The
proposed structure will replace an existing light pole and will look similar to the existing
ball field light pole with a slight increase in diameter. This project also includes a
proposal for an eight (8') foot high chain link fence enclosure outside the perimeter of the
ball field with an interior mesh screening. This site is zoned P-O-L, Public Open Lands,
and Wireless Telecommunication Facilities are permitted, subject to an administrative
review and public hearing (Land Use Code, Section 4.23(B)(2)(e)3.).
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: P-O-L
STAFF RECOMMENDATION: Approval