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Home My WebLink AboutPAVILION SHOPPING CENTER (4366 S. COLLEGE) WTF - PDP/FDP - 21-00 - DECISION - FINDINGS, CONCLUSIONS & DECISIONPc� v'' 1 oin s�Yrpl ' — 95ZA� c �m —1�� 5aLA4-5 Lrl Le a ��- G v yt (S yU FoP q r-c-Pu AJJ 5 5 2$l N, CG( W o 6 S. -tea}- U I S F. 5 _4 � Sac) .J ,vt , Gc5 �J S. ojj76-- S�. --W s� . JCAC-AQr cfO c,137 Pavilion VVTF, PDP Administrative Hearing April 17, 2001 Page 6 of 6 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 construct a new 85 foot tall co - locatable wireless telecommunication pole at 4366 South College is approved. Dated this 26th day of April 2001, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning Director Pavilion WTF, PDP Administrative Hearing April 17, 2001 Page 5 of 6 expect co -location or the second was to make them shorter, but only realistically expect one provider on each pole. It was determined that the benefits of having shorter poles are not as important as having fewer total number of poles to serve the needs of the immediate vicinity. It was also determined that the adjacent building is not tall enough for the Nextel Communications technology to function adequately. The applicant has therefore satisfied this standard. 5. Findings of Fact and Conclusion: In reviewing the request for the Pavilion Shopping Center, Wireless Telecommunication Facility — P.D.P., staff makes the following findings: A. The request is defined as "wireless telecommunications facility." B. Wireless telecommunications facilities are permitted in the Harmony Corridor (HC), Zone District, subject to administrative review. C. The proposed facility meets the applicable criteria in the zone district standards in Article 4 of the LUC. D. The proposed facility, including the pole and ground -mounted equipment, meet the applicable design standards in Article 3 of the LUC. RECOMMENDATION: Staff recommends approval The Pavilion Shopping Center, Wireless Telecommunication Facility — P.D.P., File # 21-00 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 a "wireless telecommunications facility." C. Wireless telecommunications equipment is permitted in the Harmony Corridor (HC), Zone District, subject to administrative review. Pavilion WTF, PDP Administrative Hearing April 17, 2001 Page 4 of 6 C. 3.8.13(C)(2) — Wireless Telecommunication Facilities shall be consistent with the architectural style of the surrounding architectural environment. The proposed equipment shelter is made of the same CMU and painted the same color as the adjacent building. The pole will be painted light gray in an attempt to have it blend in as well as possible to the sky. This standard is thereby satisfied. D. 3.8.13(C)(3) — Color. The pole will be painted gray to blend in with the sky as best as possible. E. 3.8.13(C)(4) — Landscaping. 8 small evergreen trees screen the fenced area around the ground -mounted equipment. There are existing mature evergreen trees that will screen the southern view of the ground mounted equipment enclosure. This standard is thereby satisfied. F. 3.8.13(C)(5) —As required, the fencing around the ground mounted equipment is not chain link nor does it exceed 6 feet in height. The proposed fence is 6 feet high and made of wood. This standard is therefore satisfied. G. 3.8.13(C)(8) — Color. As required, the fence, enclosure and pole are painted in subdued colors to match as closely as possible the color and texture of the adjacent building and the sky. This standard is therefore satisfied. H. 3.8.13(C)(9) — Lighting. The applicant does not propose any new lighting; therefore this standard is satisfied. I. 3.8.13(C)(10) — Interference. 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. J. 3.8.13(C)(15) — Stealth Technology. The applicant has explained that the adjacent buildings are not tall enough to co -locate onto given the technology used by Nextel Communications. Staff was presented with two options. The first was to make the pole tall enough to realistically Pavilion WTF, PDP Administrative Hearing April 17, 2001 Page 3 of 6 C; Troutman Parkway, S: HC; Harmony Center PUD, Linens and Things, Pets Mart, E: HC; existing irrigation ditch, vacant property, JFK Parkway, W: HC; The Pavilion Shopping Center, College Avenue. 2. Definition [Section 5.1.21_ The Land Use Code defines "Wireless telecommunication facility' as "any freestanding facility, building, pole, tower or structure used to provide only wireless telecommunication services, and which consists of, without limitation, antennae, equipment and storage and other accessory structures used to provide wireless telecommunication services." 3. Zoning [Division 4.19E The site is zoned Harmony Corridor (HC). In this zone district, wireless telecommunications facilities are permitted, subject to administrative review. 4. Compliance with Applicable General Standards [Section 3.8.131: The Land Use Code requires that a request for wireless telecommunications facilities comply with a prescribed set of standards as outlined in Section 3.8.13 of the code. The applicable standards are discussed below. A. 3.8.13(B) - Co -location. As required, the applicant has specified that they will not exclude any other wireless telecommunication provider from using the same pole, and has operated in good faith to achieve co -location with another provider. Another provider (Verizon Wireless) was attempting to build another wireless telecommunication tower approximately 400 feet north of this pole, but as a result of this standard, the two providers were required to co -locate onto a single pole. This wireless telecommunication facility application will be the only pole allowed in this immediate vicinity until such time that this pole couldn't physically fit any more providers. The application thereby satisfies this standard. B. 3.8.13(C)(1) — Setbacks. The required setback for such a pole is required to be one foot of setback for every one foot of height of the pole unless it can be demonstrated that the structure will collapse rather than topple. The 85-foot pole is located 78 feet from the property line. The applicant has provided a letter from a registered engineer which certifies that in the event of a structural failure of the pole, the pole will not free fall, but rather will crumple and fold upon itself. This standard has therefore been satisfied. Pavilion VVTF, PDP Administrative Hearing April 17, 2001 Page 2 of 6 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on April 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 3:00 PM on April 17, 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: Troy Jones, City Planner From the applicant: Peter Hoopes Lori Lee Chris Neophytou From the Community: None Written Comments: None 1. Background: BACKGROUND The surrounding zoning and land uses are as follows: N: HC; The rear access drive to the Pavilion Shopping Center, City of Fort Collins Commu / Planning and Environmental Current Planning vices CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: PROJECT NAME: CASE NUMBER: Cameron Gloss Current Planning Director The Pavilion Shopping Center, Wireless Telecommunication Facility- P.D.P. File # 21-00 APPLICANT: Nextel Communications c/o Peter Hoopes (Wireless Facilities Inc.) 650 S. Cherry Street, Suite 1050 Denver, CO 80246 OWNER: GS 92-2 Pavilion LLC 233 Milwaukee Street Denver, CO 80206 PROJECT DESCRIPTION: Request to construct a new 85-foot tall co -locatable wireless telecommunication pole at 4366 South College. The pole will be located behind the Pavilion Shopping Center directly east of TJ Maxx in a fenced, screened enclosure area. SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECOMMENDATION: Approval HEARING OFFICER DECISION: Approval ZONING DISTRICT: HC, Harmony Corridor 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020