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Home My WebLink AboutROLLAND MOORE CLEARWIRE WTF - PDP - 24-10 - DECISION - MINUTES/NOTES`+ 3 0 Rolland Moore Wireless Telecommunication Facilitv. PDP Sign In Sheet ame (Please Print Phone # Email r � .:L(ca - �'d lQo� S(eOC�, NOLA Cd 6�-2U (970)�121-s3 wt zko®✓�.� (�`� Rolland Moore Park Clearwire WTF PDP Admin.Hearing Findings, Contusions, and Decision December 14, 2010 Page 7 of 7 SUMMARY OF CONCLUSIONS FINDINGS OF FACT / CONCLUSIONS After reviewing the Rolland Moore Park Clearwire Wireless Telecommunications Facility, Project Development Plan - #24-10, 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 Rolland Moore Park Clearwire Wireless Telecommunications Facility, Project Development Plan - #24-10. DECISION The Rolland Moore Clearwire Wireless Telecommunications Facility Project Development Plan # 24-10 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. 7- 96A Ted Shepard Chief Planner Rolland Moore Park Cleanaire WTF PDP Admin.Hearing Findings, Conclusions, and Decision December 14, 2010 Page 6 of 7 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: Section 4.23(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. Rolland Moore Park Clearwire WTF PDP Admin.Hearing Findings, Con",usions, and Decision December 14, 2010 Page 5 of 7 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.B.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 70 feet. The total height of the proposed facility is 70 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 70' on top of pole and matches existing stadium lighting and height; 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; Rolland Moore Park Clearwire WTF PDP Admin.Hearing Findings, Conclusions, and Decision December 14, 2010 Page 4 of 7 2. Article 2 — Administration Rolland Moore Park Clearwire Wireless Telecommunications Facility, Project Development Plan complies with the applicable requirements of the Land Use Code. 3. Article 3 — General Development Standards The Rolland Moore 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 south west baseball field, replacing and existing 70' light pole. Views will not be impacted from this project. ii. Light and Shadow. The proposed tower is approximately one foot 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 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. 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 Rolland Moore Park Clearwire WTF PDP Admin.Hearing Findings, Conclusions, and Decision December 14, 2010 Page 3 of 7 FACTS AND FINDINGS The surrounding zoning and land uses are as follows: 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 Public Open Lands District. COMMENTS: 1. Background The surrounding zoning and existing land uses are as follows: N: MMN— Medium Density Mixed -Use Neighborhood District (existing residential, office and retail); E: MMN— Medium Density Mixed -Use Neighborhood District (existing residential neighborhoods) and E — Employment District; S: MMN— Medium Density Mixed -Use Neighborhood District (existing residential neighborhoods) and NC -Neighborhood Commercial District W: RL—Low Density Residential District (existing residential neighborhoods) 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. For 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 in zone districts which are primarily commercial, industrial or in public open lands. Rolland Moore Park Clearwire WTF PDP Admin.Hearing Findings, Conclusions, and Decision December 14, 2010 Page 2 of 7 ZONING DISTRICT: Public Open Lands - P-O-L STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute that the hearing was property posted, legal notices mailed and notice published. The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 4:30 p.m. on December 2, 2010 in Venti Conference Room (second floor) 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 Land Use Code, 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 81620 From the Public: None Written Comments: None Rolland Moore Park Clearwire WTF PDP Admin.Hearing Findings, Conclusions, 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 Rolland Moore Clearwire Wireless Telecommunication Facility, Project Development Plan #24-10 Michael Matzko Matzko Consulting PO Box 3600 Avon, CO 81620 for Clearwire, LLC 4400 Carillion Point Kirkland, WA 98033 City of Fort Collins 300 LaPorte Avenue Fort Collins, CO 80521 Ted Shepard Chief Planner This is a request for seventy (70') foot high .wireless telecommunication tower and ground equipment at Rolland Moore Park, adjacent to the outfield fence of the southwest ball field. Rolland Moore Park is located north of West Drake Road and west of South Shields 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 per Section 4.23(B)(2)(e)3.). SUMMARY OF HEARING OFFICER DECISION: