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HomeMy WebLinkAboutMISTER MONEY (2057 VERMONT DR.) WTF - PDP - 31-08 - DECISION - MINUTES/NOTES%rT6x /Ll d-IV&- k !� T .Q 0 S 7 116-A /1 O nil JO T 8 6 r.2 S �.QJC�U' 1� ✓�- 2 7� r� Gi v c5T CO ( Ownir-a-� AO.31 Cativ�c�,z Ct-, 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. �&L�02t-- 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