HomeMy WebLinkAboutFORT COLLINS CLUB WIRELESS TELEPHONE FACILITY - PDP/FDP - 11-01 - DECISION - FINDINGS, CONCLUSIONS & DECISIONn
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Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 9 of 9
D. The proposed equipment meets the applicable criteria in Article 4 of the LUC.
RECOMMENDATION:
Staff recommends denial of the Fort Collins Club, Wireless Telecommunication
Equipment — P.D.P., File # 11-01. Note: The Current Planning Department revised its
recommendation to "approval' at the Administrative Hearing based on revised plans
dated 4/11/01.
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 Neighborhood
Commercial (NC), 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 co -locate wireless
telecommunications equipment on the roof of the Fort Collins Club building, located at
1307 East Prospect Road, is approved.
Dated this 27th day of April 2001, per authority granted by Sections 1.4.9(E) and 2.1 of
the Land Use Code.
Cameron ¢" oss
Current Planning Director
Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 8 of 9
(11) Access Roadways. Access roads must be capable of supporting all of the
emergency response equipment of the Poudre Fire Authority.
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 bears 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 Fort Collins Club Wireless Telecommunication
Equipment — P.D.P., staff makes the following findings:
A. The request is defined as "wireless telecommunications equipment."
B. Wireless telecommunications equipment is permitted in the Neighborhood
Commercial Zone District, subject to administrative review.
C. The proposed facility does not meet the requirements of Section 3.8.13(C)(3)
specific to screening by parapet walls and screen walls in a manner compatible
with the building's design, color and material.
Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 7 of 9
(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 request complies with city standards for irrigation. The landscaping and irrigation
systems already exist.
(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 colors proposed are acceptable; however, a darker shade of the same hue would
be preferable to help the tower recede into the background. The applicant has
submitted a color scheme, as part of another alternative, that is acceptable to staff. We
recommend that the applicant use the darker color and indicate the use of such color
on the plans.
(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.
The proposed lighting complies with the above standard.
(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 applicant has stated the
frequency of wireless telecommunications equipment are 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. Since the
installation of numerous wireless telecommunications equipment, Staff has not received
one complaint from surrounding residents regarding electronic interference.
Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 6 of 9
(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.
It is the opinion of staff that the proposal is not consistent with the last sentence (Bold
Italics) of the standard above. The applicant is not proposing to screen the equipment
with parapet walls or screen walls in a manner compatible with the building's design.
The building is designed with a horizontal proportionality. The tower(s) do not have that
same proportionality. Staff has recommended to the applicant that a screen wall be
constructed to give the tower the appearance of stepping up more gradually. The
applicant has indicated that this cannot be done for structural reasons.
(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.
Staff does not see a need for additional landscaping because the materials to be used
for the ground equipment are high -quality materials that match the existing structure.
(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 proposal complies with this standard. The applicant proposes a 6' high brick
veneer wall to match the existing structure.
Fort Collins Club wTE, PDP
Administrative Hearing
April 13, 2001
Page 5 of 9
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.
(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 above standard for 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.
There is space on the roof for additional wireless equipment if another provider chooses
to locate there.
(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 the Director can waive this requirement. In
addition, the setbacks for ground -mounted wireless telecommunication equipment shall
be govemed by the setback criteria established in Articles 3 and/or 4.
The ground equipment 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 is not applicable.
Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 4 of 9
What about conflicts with the hospital and flight for life?
Applicant response: This is not an issue. A good example is DIA with cellular antennas
pointed right on the runway, and there is no interference issue.
BACKGROUND
Background:
The surrounding zoning and land uses are as follows:
Existing Zoning
Existing Land Use
North
RL (Residential Low
Single Family Residential
Density)
South
MMN (Medium Density
Spring Creek Trail and
Mixed Use
Single Family Attached
Neighborhood)
East
NC (Neighborhood
Mixed Use Office/Retail
Commercial District)
West
NC (Neighborhood
Mixed Use Retail/Office
Commercial District)
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 roof of an existing building use as an athletic
club and recreation facility.
3. Zoning [Division 4.19
The site is zoned Neighborhood Commercial (NC). Wireless telecommunications
equipment is permitted in the NC zone district, subject to administrative review.
Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 3 of 9
Darwin Reuter posed the following series of questions:
What was the basis for City staffs recommendation to deny this project?
Staff response: Previous versions of this proposal did not meet the Code requirement
for roof- and ground -mounted wireless telecommunication equipment because it was
not screened by parapet walls or screen walls in a manner compatible with the
building's design, color and material.
Will the ground -mounted equipment be high voltage?
Applicant response: No, 110 volts. The electrical panel would only be accessed
through a locked gate
Will the Spring Creek walkways connect to this facility?
Applicant response: Yes, however, a screen wall encloses the equipment, limiting direct
access. Cabinets are vandalproof and would have internal HVAC systems to maintain
a near constant temperature.
Fort Collins Club derives rental revenue; does the City receive any licensing fees?
Applicant and staff response: No.
Are there safety and health issues with this equipment as outlined in a recent Denver
Post article? Is this an issue with Riffenburg School within 118 mile and Poudre Valley
Hospital within X mile? Citing the Denver Post article, Mr. Reuter read that the
California PUC has recommended that this type of equipment not be placed on
hospitals, schools or similar sensitive sites.
Applicant response: The FCC has taken readings from different sources and allows
people to stand for extended periods within six feet of a panel. The radiation drops off
at an exponential curve as distance from the equipment increases. The FCC wants a
32-foot minimum separation from the equipment; substantially more is provided in this
case.
What is the potential conflict between the equipment's operation and that of police and
emergency communications during a crisis?
Applicant response: a new frequency parameter is obtained for each provider to ensure
that there is not a conflict. So far, there have been no known conflicts between City
police and local fire communications equipment operation and that of local cellular
phone providers.
Fort Collins Club WTE, PDP
Administrative Hearing
April 13, 2001
Page 2 of 9
NOTICE OF PUBLIC HEARING:' Notice of public hearing was made on March 30, 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 4:30 PM on April 13, 2001. The hearing was held in Conference
Room D 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 Current Planning Department:
Brian Grubb, City Planner
From the Applicant:
Glen Klocke, Abacus Communications
Charles Steckley, Architect
Perry Cortrell
From the Community:
Joan O'Connor, 1408 Yount St.
Darwin Reuter, 1501 Yount St.
Written Comments:
None
Public Comments:
Joan O'Conner inquired about the purpose of the proposed installation. The applicants
explained their intent to install equipment in this location to provide more consistent
service to their wireless telephone customers.
City of Fort Collins
Community Planning and Environmental :vices
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: Fort Collins Club, Wireless Telecommunication
Equipment — P.D.P.
CASE NUMBER: File # 11-01
APPLICANT: Sprint PCS
c/o Abacus Communications (Glen Klocke)
10876 Parker Vista Lane
Parker, CO 80138
OWNER: Fort Collins Club LLC
1307 East Prospect Road
Fort Collins, Colorado 80525
PROJECT DESCRIPTION:
This is a request to co -locate wireless telecommunications equipment on an existing
building. The proposed equipment is located on the roof of the Fort Collins Club
building located at 1307 East Prospect Road.
SUMMARY OF RECOMMENDATION AND DECISION:
STAFF RECOMMENDATION: Denial based on plans dated 3/14/01; Approval based
on plans dated 4/11/01
HEARING OFFICER DECISION: Approval
ZONING DISTRICT:
NC, Neighborhood Commercial
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020