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Mister Money (2057 Vermont Drive) WTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
October 20, 2008
Page 5 of 5
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.
DECISION
The Mister Money (2057 Vermont Drive) Wireless Telecommunication Facility, Project
Development Plan - #31-08, is hereby approved by the Hearing Officer without
condition.
Dated this 30th day of October 2008, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
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sfepheA Olt
Interim Current Planning Director
Mister Money (2057 Vermont Drive) WTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
October 20, 2008
Page 4 of 5
While there was no direct testimony or evidence presented at the public hearing
to contradict the Project's compliance with these standards, the testimony of Ms.
Diamant suggested concern that location alternatives were not pursued to the
maximum extent possible and that other location options might be feasible.
The Hearing Officer finds that the applicant made a good faith effort to co -locate
the wireless facility or find a different location for the facility. While a different
location may be desired by one neighboring property owner, the evidence seems
to suggest that the applicant has exhausted all feasible options; therefore, there
is no basis upon which the Hearing Officer could require an alternative location.
Evidence and testimony provided by the Applicant and substantiated by the staff
indicates that that the monopole has been sited, designed and painted in a
manner that will minimize visual impacts to surrounding properties. Stealth
technology has been employed that will make the structure less obtrusive than
the triangular antenna arrays typical of such wireless facilities. It appears, based
on this information, that the issue of visual impacts has been adequately
addressed to the satisfaction of the Hearing Officer.
Therefore, based on the evidence presented at the hearing, the Project complies
with Section 3.8.13 of the LUC.
The Project Development Plan also complies with all other applicable
requirements of Article 3. No evidence was presented to contradict the
statements and conclusion of the staff report concerning compliance or to other
refute the compliance with Article 3.
SUMMARY OF CONCLUSIONS
A. The Mister Money (2057 Vermont Drive) Wireless Telecommunication Facility,
Project Development Plan is subject to administrative review and the
requirements of the Land Use Code (LUC).
B. The Mister Money (2057 Vermont Drive) Wireless Telecommunication Facility,
Project Development Plan satisfies the development standards of the E zoning
district.
C. The Mister Money (2057 Vermont Drive) Wireless Telecommunication Facility,
Project Development Plan complies with all applicable General Development
Standards contained in Article 3 of the Land Use Code.
D. 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
Mister Money (2057 Vermont Drive) WTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
October 20, 2008
Page 3 of 5
FACTS AND FINDINGS
The surrounding zoning and land uses are as follows:
N: E, Employment; (existing commercial offices)
S: E, Employment; (existing commercial offices)
E: E, Employment; (Poudre Fire Station #10)
W: E, Employment; (existing commercial offices)
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.
1. Compliance with Article 4 and the E, Employment Zoning District
Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the E Zoning District. 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 E District Standards.
2. Compliance with Article 3 of the Land Use Code — General Development
Standards
Pursuant to Section 3.8.13, the applicant is required to make a good faith effort to
co -locate wireless telecommunications facilities and equipment. Based on
testimony provided at the hearing by staff, multiple attempts were made to
secure an alternative facility or equipment that is co -located with another
provider. Platte River Power Authority provided a letter stating that they are no
longer accepting applications for collocation of wireless facilities or equipment
with their infrastructure and Poudre School District no longer discusses
collocates on the theatre loft at Fort Collins High School.
Mister Money (2057 Vermont urive) WTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
October 20, 2008
Page 2 of 5
ZONING DISTRICT: E, Employment Zoning District.
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.
PUBLIC HEARING
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 5:00 p.m. on October 20, 2008 in Conference Room A 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
discussion 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:
Ted Shepard, Chief Planner
From the Applicant:
Steve Warner, Reliant Land Services, Inc.
- representing T-Mobile
From the Public:
Kerri Diamant, 1342 Jayhawk Drive, Fort Collins, CO.
- owner of 2031 Connecticut Court, Fort Collins, CO.
Written Comments:
None
City of
,�t Collins
Planning, Development and
Transportation Services
Current Planning
281 N. College Ave.
PO Box 580
Fort Collins, CO 80522-0580
970.221.6750
970.224.6134 - fax
fcgov.com/Currentp/anning
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:
October 20, 2008
Mister Money (2057 Vermont Drive)
Wireless Telecommunication Facility,
Project Development Plan
#31-08
T-Mobile
c/o Steve Warner
Reliant Land Services, Inc.
7901 East Lowry Blvd., Suite 300
Denver, CO 80230
L and W Properties
2057 Vermont Drive
Fort Collins, CO 80525
Stephen Olt
Interim Current Planning Director
This is a request to construct a Wireless Telecommunications Facility on the property
containing the Mister Money office building at 2057 Vermont Drive. This site is located
at the southeast corner of Vermont Drive and Eastbrook Drive. The tower would be 60
feet in height. The monopole is considered to be of a stealth design since there is no
triangular array of antennas at the top. Rather, the antennas are contained within the
tower. The location is directly west of the Poudre Fire Station Number 10. The property
is zoned E, Employment which allows wireless telecommunication facilities, subject to a
Type 1 review.
SUMMARY OF HEARING OFFICER DECISION: Approval