HomeMy WebLinkAboutWIRELESS TELECOMM EQUIPMENT, 350 E. HORSETOOTH ROAD (MARRIOTT HOTEL) - PDP - 23-01 - DECISION - FINDINGS, CONCLUSIONS & DECISION/ t
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Marriott V TE PDP
Administrative Hearing
August 17, 2001
Page 8 of 8
RECOMMENDATION:
Staff recommends approval of the Wireless Telecommunication Equipment, 350 E.
Horsetooth, The Marriott, File # 23-01.
FINDINGS AND CONCLUSIONS
After reviewing the staff report and the record of the public hearing, the Hearing Officer
makes the following findings and conclusions:
A. This application is subject to the City of Fort Collins Land Use Code.
B. The request is defined as "wireless telecommunications equipment."
C. Wireless telecommunications equipment is permitted in the Commercial (C),
Zone District, subject to administrative review.
D. The proposed installation meets the applicable design standards and regulations
in the Land Use Code pertaining to wireless telecommunications equipment.
E. The installation of the equipment is compatible with the neighborhood and will
not cause interference with other electronic equipment that is typically found in
the surrounding neighborhoods.
DECISION
Based on the findings and conclusions, the request to flush mount eight (8) antennas
onto the parapet walls of the Marriott Hotel and install BTS equipment on the rooftop, at
350 E. Horsetooth Road, is approved.
Dated this 20th day of August 2001, per authority granted by Sections 1.4.9(E) and 2.1
of the Land Use Code.
Cameron Gloss
Current Plannin Director
Marriott VVTE PDP
Administrative Hearing
August 17. 2001
Page 7 of 8
Access is provided from Horsetooth Road, Stanford Street, and JFK Parkway. Poudre
Fire Authority has reviewed this request and has no concerns.
(12) Foothills and Hogbacks. Wireless telecommunication facilities and
equipment located in or near the foothills bear a special responsibility for mitigating
visual disruption. if such a location is selected, the applicant shall provide
computerized, three-dimensional, visual simulation of the facility or equipment and other
appropriate graphics to demonstrate the visual impact on the view of the city's foothills
and hogbacks
This standard is not applicable.
(13) Airports and Flight Paths. Wireless telecommunication facilities and
equipment located near airports and flight paths shall obtain the necessary approvals
from the Federal Aviation Administration.
This standard is not applicable.
(14) Historic Sites and Structures. Wireless telecommunication facilities and
equipment shall not be located on any historic site or structure unless permission is first
obtained from the city's Landmark Preservation Commission as required by Chapter 14
of the City Code.
This standard is not applicable.
5. Findings of Fact and Conclusion:
In reviewing the request for the Wireless Telecommunication Equipment, 350 E.
Horsetooth, The Marriott, File # 23-01, staff makes the following findings:
A. The request is defined as "wireless telecommunications equipment."
B. Wireless telecommunications equipment is permitted in the Commercial Zone
District, subject to Type 1 review.
C. The proposed facility meets the requirements of Section 3.8.13 Wireless
Telecommunication.
D. The proposed equipment meets the applicable criteria in Article 4 of the LUC.
Marriott VVTE PDP
Administrative Hearing
August 17, 2001
Page 6 of 8
(6) Berming. Berms shall be considered as an acceptable screening device.
Berms shall feature slopes that allow mowing, irrigation and maintenance.
This standard is not applicable to this request.
(7) Irrigation. Landscaping and berming shall be equipped with automatic
irrigation systems meeting the water conservation standards of the city.
This standard is not applicable.
(8) Color. All wireless telecommunication facilities and equipment shall be
painted to match as closely as possible the color and texture of the wall, building or
surrounding built environment. Muted colors, earth tones and subdued colors shall be
used.
The plans state that the antennas will be "painted to match color and texture of existing
wall."
(9) Lighting. The light source for security lighting shall be high-pressure sodium
and feature down -directional, sharp cut-off luminaries so that there is no spillage of
illumination off -site. Light fixtures, whether freestanding or tower -mounted, shall not
exceed twenty-two (22) feet in height.
No outdoor lighting is proposed.
(10) Interference. Wireless telecommunication facilities and equipment shall
operate in such a manner so as not to cause interference with other electronics such as
radios, televisions or computers.
The primary compatibility issue typically raised during the review process of
telecommunications requests is radio interference. The frequency of wireless
telecommunications equipment is designed not to interfere with frequencies used by
other electronic devices such as radios, televisions and in no way be detrimental to the
health, safety and well-being of the community. Staff is not aware of any complaints
from the public regarding electronic interference.
(11) Access Roadways. Access roads must be capable of supporting all of the
emergency response equipment of the Poudre Fire Authority.
Marriott WTE PDP
Administrative Hearing
August 17, 2001
Page 5 of 8
(3) Wireless Telecommunication Equipment. Wireless telecommunication
equipment shall be of the same color as the building or structure to which or on which
such equipment is mounted. Whenever a wireless telecommunication antenna is
attached to a building roof, the height of the antenna shall not be more than fifteen (15)
feet over the height of the building. All wireless telecommunication equipment shall be
located as far from the edge of the roof as possible. Even if the building is constructed
at or above the building height limitations contained in Section 3.8.17. the additional
fifteen (15) feet is permissible. Whenever wireless telecommunication equipment is
mounted to the wall of a building or structure, the equipment shall be mounted in a
configuration as flush to the wall as technically possible and shall not project above the
wall on which it is mounted. Roof- and ground -mounted wireless telecommunication
equipment shall be screened by parapet walls or screen walls in a manner compatible
with the building's design, color and material.
This plan indicates that the antennae will be painted the same color and texture as the
building and will be mounted in a flush configuration below the top of the wall upon
which it is mounted. The 7'-4" tall equipment cabinet is located 65'-4" away from the
closest roof edge and is therefore not visible from the ground. Staff finds that this
standard is met.
(4) Landscaping. Wireless telecommunication facilities and ground -mounted
wireless telecommunications equipment may need to be landscaped with landscaping
materials that exceed the levels established in Section 3.2.1, due to the unique nature
of such facilities. Landscaping may therefore be required to achieve a total screening
effect at the base of such facilities or equipment to screen the mechanical
characteristics. A heavy emphasis on coniferous plants for year-round screening may
be required.
If a wireless telecommunication facility or ground -mounted wireless telecommunication
equipment has frontage on a public street, street trees shall be planted along the
roadway in accordance with the policies of the City Forester.
The proposed equipment is mounted on the roof, not on the ground; therefore this
standard is not applicable.
(5) Fencing. Chain link fencing shall be unacceptable to screen facilities. Fencing
material shall consist of wood, masonry, stucco or other acceptable materials and be
opaque. Fencing shall not exceed six (6) feet in height.
The proposed equipment is mounted on the roof, not on the ground; therefore this
standard is not applicable.
Marriott WTE PDP
Administrative Hearing
August 17, 2001
Page 4 of 8
(A) Location. Subject to the requirements of paragraph (B) of this Section, wireless
telecommunication equipment may be attached to or mounted on any existing building
or structure (or substantially similar replacement structure) located in any zone district
of the city. Wireless telecommunication equipment shall not, however, be permitted to
be attached to or mounted on any residential building containing four (4) or fewer
dwelling units.
This request in compliance with the standard above regarding location.
(B) Co -location. No wireless telecommunication facility or equipment owner or lessee
or employee thereof shall act to exclude or attempt to exclude any other wireless
telecommunication provider from using the same building, structure or location.
Wireless telecommunication facility owners or lessees or employees thereof shall
cooperate in good faith to achieve co -location of wireless telecommunication facilities
and equipment with other wireless telecommunication providers.
This is a large building and there is space for more antennas. In the application, the
applicant has stated that Cricket will exclude or attempt to exclude other carriers.
(C) Standards
(1) Setbacks. With respect to a wireless telecommunication facility that is a tower
or a monopole, the setback of the facility from the property lines shall be one (1) foot for
every foot of height. However, to the extent that it can be demonstrated that the
structure will collapse rather than topple, this requirement can be waived by the
Director. In addition, the setbacks for ground -mounted wireless telecommunication
equipment shall be governed by the setback criteria established in Articles 3 and/or 4.
There is no proposed pole. The "ground equipment" is actually on the roof of the
building and therefore meets all applicable setback requirements.
(2) Wireless Telecommunication Facilities. Whether manned or unmanned,
wireless telecommunication facilities shall be consistent with the architectural style of
the surrounding architectural environment (planned or existing) considering exterior
materials, roof form, scale, mass, color, texture and character. Such facilities shall also
be compatible with the surrounding natural environment considering land forms,
topography, and other natural features. If such facility is an accessory use to an existing
use, the facility shall be constructed out of materials that are equal to or better than the
materials of the principal use.
This standard applies to wireless telecommunication facilities. This proposal is for
wireless telecommunications equipment.
Marriott WTE PDP
Administrative Hearing
August 17, 2001
Page 3 of 8
BACKGROUND
COMMENTS:
1. Background:
The surrounding zoning and land uses are as follows:
Existing Zoning
Existing Land Use
North
C (Commercial)
Wells Fargo Bank, office
buildings, Foothills Mall
South
C (Commercial) and E
Office buildings,
(Employment)
Horsetooth Road, US
Bank
East
C (Commercial), MMN
Vacant health club
(Medium Density Mixed-
building, Stanford Street,
Use Neighborhood), and
Aspen Leaf Apartments,
T (Transition)
vacant undeveloped land
West
C (Commercial)
Office buildings, JFK
Parkway, The Square
Mall
2. Definition [Section 5.1.21:
"Wireless telecommunication equipment shall mean any equipment used to provide
wireless telecommunication service, but which is not affixed to or contained within a
wireless telecommunication service facility, but is instead affixed to or mounted on an
existing building or structure that is used for some other purpose. "
This equipment is to be attached to the parapet of an existing building used as a hotel.
3. Zoning [Division 4.19
The site is zoned C (Commercial). Wireless telecommunications equipment is
permitted in the C zone district, subject to Type 1 approval.
4. Compliance with Applicable General Standards [Section 3.8.131:
The Land Use Code requires that a request for wireless telecommunications equipment
comply with a prescribed set of standards as outlined in Section 3.8.13 of the code.
The applicable standards are discussed below.
Marriott VVTE PDP
Administrative Hearing
August 17, 2001
Page 2 of 8
STAFF RECOMMENDATION: Approval
HEARING OFFICER DECISION: Approval
ZONING DISTRICT: C Commercial
NOTICE OF PUBLIC HEARING: Notice of public hearing was made on August 3, 2001
by mailing to property owners within 500 feet of the
subject property.
The public hearing was advertised in the Coloradoan.
PUBLIC HEARING
After reviewing the Staff Report and recommendation, a public hearing was held on the
subject application at 2:00 PM on August 17, 2001. The hearing was held in
Conference Room A at 281 North College, Fort Collins, Colorado.
HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE:
The following is a list of those who attended the meeting:
From the City:
Troy Jones, City Planner
From the applicant:
Drew Dewhirst, Cricket Communications
John Underwood, Cricket Communications
Tim Heine, Cricket Communications
Written Comments:
None
Citv of Fort Collins
Commr y Planning and Environmental rvices
Current Planning
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
HEARING OFFICER: Cameron Gloss
Current Planning Director
PROJECT NAME: Wireless Telecommunication Equipment, 350 E.
Horsetooth, The Marriott
CASE NUMBER: File # 23-01
APPLICANT: Cricket Communications and Lucent Technologies
c/o Drew Dewhirst
6855 South Havana Street Suite 450
Englewood, Colorado 80112
OWNER: Fort Collins Hotels, Ltd.
350 E. Horsetooth Road
Fort Collins, CO 80525
PROJECT DESCRIPTION:
This is a request to flush mount 8 wireless telecommunication antennas onto the
building walls of the Marriott Hotel. The request also includes an equipment enclosure
5.5' long, 5.5' wide, and 6' tall near the center of the roof.
SUMMARY OF RECOMMENDATION AND DECISION:
The proposed wireless telecommunications facility complies with the applicable
standards in Article 3 of the Land Use Code. The antennas will be located on the
existing parapet of the building and painted to blend in with the fagade. The supporting
equipment will be located on the roof and totally screened from view in all directions.
281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020