HomeMy WebLinkAboutCLEARWIRE, COLLINDALE GOLF COURSE WTF - PDP - 11-10 - DECISION - MINUTES/NOTESProject:
Meeting
Date:
Administrative Public Hearing Sign -In
PLEASE PRINT CLEARLY
Name
Address
Phone
Email
31>5" SPZVAGcoL
l
9443 (,A NA; 5T V wi Gi
fpf F,%)eL #4*w -. Ca-
-TA Cd -5W46A G.
Ll Z. Af E
o -Z -
c C,oc 'T Nv .
rr
D ,S' L 4-0
170 - 7
A) e
r
#f4ly .S' ev
3qql s . >h Co
Sat- so- $o
0
Clearwire Wireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 8 of 8
shrub is drought -tolerant and grows to an average of two to three feet in
height although they typically grow taller.
H. Golf Course Netting — a statement was made that the existing golf course
netting and poles were unattractive. Staff responded that the existing
netting and poles was not the subject of this request and that further
discussion would best be directed to the City of Fort Collins Parks and
Recreation Department.
SUMMARY OF CONCLUSIONS
After reviewing the Clearwire Wireless Telecommunications Facility at Collindale Golf
Course, PDP, staff makes the following findings of fact and conclusions:
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
Division 4.13 of the Land Use Code, Public Open Lands District (POL).
DECISION
The Hearing Officer finds that the requirements of the Land Use Code have been
satisfied. The use of the stealth shroud to conceal the three -panel antenna and the use
of pole that matches the color and height of the existing poles meets the intent of the
Code. The screening of the ground equipment with fencing and landscaping and the
distance to the nearest residential structure allows the facility to be compatible with the
surrounding area.
Therefore, the Clearwire Wireless Telecommunications Facility at Collindale Golf
Course Project Development Plan, # 11-10 is hereby approved by the Hearing Officer
without condition.
Dated this 1st day of October 2010, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
T.,41.000"
Ted Shepard or
Chief Planner
Clearwire Wireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Nearing Findings, Conclusions, and Decision
October 1, 2010
Page 7 of 8
5. Public Testimony
In accordance with Section 2.2.7(C)(4), the hearing was opened up for testimony from
the public. Several issues were raised. Responses from the applicant, or City of Fort
Collins staff, are summarized as follows:
A. Pole color — a question was asked regarding the color of the monopole.
Staff responded that the pole would be painted gray/bronze to match the
existing poles that hold up the netting for the golf course driving range.
B. Co -location — a question was asked regarding this standard. Staff
responded that Section 3.8.13 requires an applicant to make a good faith
effort to co -locate the proposed facility on an existing facility such as a
tower, monopole, building, high voltage power line, and the like. Staff
further explained that the nearest opportunity for a co -location was an
existing tower supporting a high -voltage power line owned by the Platte
River Power Authority and that this agency declined to allow such a co -
location. Finally, Staff clarified that the applicant for the proposed facility
shall not act to exclude future potential wireless telecommunication
provider from using the subject facility.
C. Site selection — a question was asked why this particular site was
selected. The applicant responded that the site was selected based on an
analysis by a radio frequency engineer that this area needed additional
coverage due to volume of customers and distance from other facilities.
D. Golf Course site — a question was asked why the facility could not be
placed more internal to the golf course. The applicant responded that the
granter of the lease, Collindale Golf Course, did not want a more internal
location due to the disruption to layout of the golf course. The subject
location is in conjunction with the maintenance operations for the golf
course and is currently served by an access drive.
E. Duration of lease — a question was asked as to the length of the lease.
The applicant responded that the initial lease term is five years with five,
five-year potential extensions, for a total of 30 years.
F. Lighting — a question was asked if the lighting would be normally off or on.
The applicant responded that the lighting would be for the technicians only
and would be normally off.
G. Landscaping — a question was asked if Four -wing Saltbush would be
sufficient for screening. The applicant responded that the intention of the
screening is to soften the 6 foot solid wood fence only. The selected
Clearwire Wireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 6 of 8
(5) Fencing: As mentioned, a 6 foot high solid wood fence will enclose the ground
equipment.
(6) Berming: Not applicable.
(7) Irrigation: Not applicable.
(8) Color. The proposed tower will be painted a gray/bronze to match the existing
netting poles for the Collindale Golf Course driving range. The 6 foot high solid
wood fence will be a natural wood color. The materials and colors proposed are
intended to minimize visual impacts to the surrounding residential
neighborhoods.
(9) Lighting: Not applicable.
(10) 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.
(11) Access Roadways: The existing access drive into the Collindale Golf Course
maintenance facility, which will serve as the access drive to this wireless facility,
is capable of supporting repair equipment and emergency response equipment of
the Poudre Fire Authority.
(12) Foothills and Hogbacks: This proposal is not in or near the foothills.
(13) Airports and Flight Paths: The proposed monopole is not located near an airport
or within a flight path.
(14) Historic Sites and Structures: The proposed facility is not located on a historic
structure, nor is the site located within a historic district.
(15) Stealth Technology. The facility is designed with a stealth sheath cover for the
array which is less visually intrusive than traditional triangular antenna arrays. A
mimic structure was not appropriate in this location because of the context in
which it is located. The pole will simulate the existing golf course netting poles
adjacent to it. The proposed design has been used successfully elsewhere in
Fort Collins.
4. Article 4 — Districts
Division 4.13 Public Open Lands (POL) - Wireless telecommunication facilities are
permitted in the POL District, subject to an Administrative Hearing.
Clearwire Wireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 5 of 8
Neighborhood Scale: The proposed tower is similar to the height and diameter of
the existing netting poles for the Collindale Golf Course driving range and
incorporates stealth technology so that it is any more obtrusive than those
existing poles.
Land Use Transition [Section 3.5.1(H)]: A gradual transition, to include distance and
existing vegetation, is provided to the closest residential neighborhoods to the south
and southwest. Also, the development plan is, to the maximum extent feasible,
achieving compatibility through compliance with the rest of the standards of this section,
including color and operational standards, which this project has provided for as
described below (in Section 3.8.13).
Section 3.8.13, Wireless Telecommunication
Location and Co -location [Section 3.8.13 (A) and (B) - The wireless telecommunication
facility, including tower, is proposed to be ground -mounted within the P-O-L zone. The
applicant made a good faith effort to locate with these proposed facilities in other
locations within the vicinity with no success. Platte River Power Authority was
approached to allow co -locations on existing power poles but declined Clearwire's
proposal, stating that they no longer allow wireless carriers to co -locate on their high
voltage poles. Given the fact that Collindale Golf Course is surrounded by residential
neighborhoods, and no other viable candidates for co -location exist in the area, the City
of Fort Collins was approached to enter into, and has subsequently approved, a lease
for this site. If approved, the Applicant may not prevent future telecommunication
carriers from further co -locating upon this structure.'
Standards [Section 3.8.13 (C)] -
(1) Setbacks: The proposed monopole will be set back from the South Lemay
Avenue right-of-way (ROW) by 340 feet. The total height of the proposed facility
is 50 feet, which requires a 50 foot setback from property lines. A future co -
location may be placed on this facility, assuming it meets all other standards.
(2) Wireless Telecommunication Facilities: The proposed monopole will be painted
a gray/bronze color to match the existing netting poles for the Collindale Golf
Course driving range in order to minimize visual impacts. The equipment at the
ground level will be screened by a 6 foot high solid wood fence.
(3) Wireless Telecommunication Equipment: Not applicable.
(4) Landscaping: Landscaping, in the form of 8 Four -wing Saltbush shrubs, around
the exterior of the enclosure will be provided. There is a substantial amount of
trees and shrubs existing in the surrounding area.
Clearwire Wireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 4 of 8
Collins allows wireless telecommunications facilities only in zone districts which are
primarily commercial, industrial or in public open lands.
2. Article 2 — Administration
The Clearwire Wireless Telecommunications Facility at Collindale Golf Course 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 ClearMre Wireless Telecommunications Facility at Collindale Golf Course complies
with the applicable requirements of the Land Use Code, including those located in
Division 3, General Standards, as noted below.
Section 3.5.1, Building Standards
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. There is no
building proposed for -this facility.
Color [Section 3.5.1 (F)] - The proposed tower will be painted a gray/bronze to match
the existing netting poles along the south end of the driving range. The 6 foot high solid
wood fence enclosure will be a natural wood color. The materials and colors proposed
are intended to minimize visual impacts to the surrounding residential neighborhoods.
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 proposed wireless facility meets the review standards including:
Views: There are no affected views of the foothills from the residential
neighborhoods to the south and southwest. The residences most affected are
oriented to the north and east and are 400 feet to 500 feet away. The proposed
tower, being 50 feet high, is the same height as the existing golf course netting
poles and existing trees. Therefore, it would not interfere with any views.
Light and Shadow: The tapered tower is 18 inches to 30 inches (top to bottom)
in diameter and 50 feet tall. Shadows cast from this structure will not have any
adverse impact on neighboring properties.
Privacy: Since the proposed tower is not habitable, no privacy issues will result.
Clearwire Wireless Telecommunications Facility Q Collindale Golf Course POP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 3 of 8
From the Public:
Jack Shearing, 612 Blue Mesa Avenue, Fort Collins, CO 80525
Terry Dickinson, 4014 South Lemay Avenue, Fort Collins, CO 80525
Mr. and Mrs. Mike Hittesdorf, 642 Sky Sail Lane, Fort Collins, CO 80525
Written Comments:
None
FACTS AND FINDINGS
EXECUTIVE SUMMARY:
Wireless telecommunication facilities are permitted in the POL, Public Open Lands
District, subject to an Administrative Hearing. This Project Development Plan (PDP)
complies with the applicable General Development standards of 3.8.13 and the zone
district standards of the Neighborhood Commercial District.
COMMENTS
1. Background
The surrounding zoning and existing land uses are as follows:
N: POL, Public Open Lands (Collindale Golf Course); and, MMN, Medium Density
Mixed -Use Neighborhood (existing multi -family residential)
S: POL, Public Open Lands (Collindale Golf Course); and, RL, Low Density
Residential (existing single-family residential)
E: POL, Public Open Lands (Collindale Golf Course)
W: RL, Low Density Residential (existing Warren Park and existing single-family
residential)
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
Clearwire Wireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 2 of 8
SUMMARY OF HEARING OFFICER DECISION:
ZONING DISTRICT: P-O-L, Public Open Lands
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.
The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the
hearing at approximately 4:15 p.m. on September 27, 2010 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 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
Steve Olt, City Planner
From the Applicant:
Matt Schutjer, Clearwire, 3443 S.-Galena Street, # 300, Denver, CO 80231
Josh Springer, Clearwire,.3443 S. Galena Street, #300, Denver, CO 80231
Clearwire VVireless Telecommunications Facility @ Collindale Golf Course PDP, # 11-10
Administrative Hearing Findings, Conclusions, and Decision
October 1, 2010
Page 1 of 8
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:
September 27, 2010
Clearwire Wireless Telecommunications
Facility (WTF) Project Development
Plan
#11-10
Advanced integrated Services, Inc.
c/o Victor McAlister
3443 S. Galena Street, # 300
Denver, CO 80231
City of Fort Collins
Ted Shepard
Chief Planner
This is a request to construct a wireless communications facility on the east side of the
existing maintenance facility for the City of Fort Collins Collindale Golf Course. It is at
the south end of the driving range, being outside of and adjacent to the existing netting
and poles; and, is 340 feet from the east edge of South Lemay Avenue. The proposed
facility would contain a 50 foot high tapered monopole, 18 to 30 inches in diameter, with
antennas in a sheath 30 inches in diameter on the upper 14 feet of the pole. There
would be a 6 foot high solid wood fence enclosure, 25 feet x 25 feet, at the base of the
pole to screen ground -mounted equipment. The facility is located on the east side of
South Lemay Avenue, just south of East Horsetooth Road, and is in the POL, Public
Open Lands Zoning District.
of
�tf
October 1, 2010
Planning, Developk..ant & Transportation Services
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 Clearwire Wireless Telecommunications Facility at Collindale Golf
Course Project Development Plan, # 11-10, Public Hearing,
Please find attached.to this letter a copy of the Type I Administrative Hearing Findings,
Conclusions and Decision for the Clearwire Wireless Telecommunications Facility at
Collindale Golf Course Project Development Plan, # 11-10.
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 provided testimony at the public hearing.
This final decision of the Administrative Hearing Officer may be appealed to the City
Council, in accordance with Chapter 2, Article II, Division 3 of the City Code, within 14
calendar days of the date of final action October 1, 2010 by the Hearing Officer. The
deadline to file an appeal is 5:00 p.m. on October 15, 2010. Guidelines explaining the
appeal process, including the Code provisions previously referenced, can be found
online at fcgov.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 221-6343.
Sincerely,
/�
Ted Shepard
Chief Planner