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HomeMy WebLinkAboutHOLIDAY INN ADDITION, WIRELESS TELECOM. EQUIP. - PDP/FDP - 7-00 - DECISION - FINDINGS, CONCLUSIONS & DECISION/19(,P- QS e n t- Na V�k .LPA�A 303-35�—oZ�c� odd ress 23�3 Dtcv/ 5�-- Den�,e,� 5o 2c� Holiday Inn Wireless Telecommunications Equipment PDP Administrative Hearing May 3, 2000 Page 5 of 5 FINDINGS, CONCLUSIONS AND DECISION 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 Employment (E), 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 install wireless telecommunications equipment on the University Park Holiday Inn at 425 W. Prospect Road is approved with the following conditions: 1. The Final Compliance Plan must contain a note stating that all roof -mounted antennas will be painted to match the existing wall color or the color of other existing roof -mounted antennas, and 2. The Final Compliance Plan must contain a note stating that "No wireless communication equipment owner, lessee, or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same structure. Wireless telecommunication equipment owners, lessees or employees thereof shall cooperate in good faith to achieve co - location of wireless telecommunication equipment with other wireless telecommunication providers." Dated this 3rd day of May, 2000, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. l 1� /� a.,, ti-- Peter Barnes Zoning Administrator Holiday Inn Wireless Telecommunications Equipment PDP Administrative Hearing May 3, 2000 Page 4 of 5 5. Neighborhood Compatibility: The primary compatibility issue typically raised during the review process of telecommunications requests is radio interference. The frequency of PCS 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. 6. Findings of Fact and Conclusion: In reviewing the request for wireless telecommunications equipment as a co -location on the Holiday Inn Hotel, Staff makes the following finding of facts: A. The request is defined as "wireless telecommunications equipment." B. Wireless telecommunications equipment is permitted in the Employment (E), Zone District, subject to administrative review. C. The installation, including the roof -mounted equipment, meets the applicable design standards. D. 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. RECOMMENDATION: Staff recommends approval of Holiday Inn Addition Wireless Telecommunication Equipment - Project Development Plan (Current Planning File #07-00) with the following condition: a. No wireless communication equipment owner, lessee, or employee thereof shall act to exclude or attempt to exclude any other wireless telecommunication provider from using the same structure. Wireless telecommunication equipment owners, lessees or employees thereof shall cooperate in good faith to achieve co -location of wireless telecommunication equipment with other wireless telecommunication providers. Holiday Inn Wireless Telecommunications Equipment PDP Administrative Hearing May 3, 2000 Page 3 of 5 BACKGROUND The staff report states the following: The Holiday Inn Hotel structure provides an unobstructed vantage point for the purposes of transmitting and receiving wireless telecommunication frequencies. Wireless telecommunications equipment is allowed in the Employment (E) zone district subject to administrative review. The antennas and microwave will be mounted and painted to match the building's exterior. The transmitting system (equipment cabinets) will be located behind a metal screen wall designed and painted to match the existing structure. COMMENTS: Background: The surrounding zoning and land uses are as follows: N: HMN & CSU; Prospect Plaza, West Prospect Road, S: E; Natural Resources Research Center, Center Drive, E: E; Division of Wildlife, West Prospect Road, W: CSU; existing CSU multifamily housing, West Prospect Road. 2. Definition [Section 5.1.21: The Land Use Code defines "wireless telecommunications equipment" as any equipment used to provide wireless telecommunication services, but which is not affixed to or contained within a wireless telecommunication facility (mono -pole or tower), but is instead affixed to or mounted on an existing building or structure (or substantially similar replacement structure) that is used for some other purpose. 3. Zoning rDivision 4.22 The entire Holiday Inn (University Place Planned Unit Development) is zoned Employment (E). In this zone district, wireless telecommunications equipment is a permitted use, subject to administrative review. 4. Compliance with Applicable Standards rSection 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 (Article Three, pages 151-154). Holiday Inn Wireless Telecommunications Equipment PDP Administrative Hearing May 3, 2000 Page 2 of 5 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on April 18, 2000 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 May 2, 2000. The hearing was held in Conference Room B 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: Ron Fuchs, City Planner From the applicant: Jill Cleveland From the Community: None Written Comments: None Applicant Response: Jill Cleveland responded to questions by Ron Fuchs and Peter Barnes about co - location and painting of the poles mounted on the roof. She indicated that the poles would also be painted to match the building color and other poles already on the roof. City of Fort Collins Commi ry Planning and Environmental rvices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: PROJECT NAME: CASE NUMBER: APPLICANT: PROJECT DESCRIPTION: Peter Barnes Zoning Administrator Holiday Inn Addition Wireless Telecommunication Equipment - Project Development Plan 18YA1111 Ms. Jill Cleveland Voice Stream Wireless 2323 Delgany Street Denver, CO 80216 Request to mount twelve (12) new wireless telecommunications antennas (equipment) and a microwave panel for cellular telephone service on to the exterior wall of the hotel and on the roof of the Holiday Inn Hotel. The equipment is considered to be a co -location on the hotel structure. The antennas will be arrayed in two (2) sectors of four (4) antennas each for a total of eight antennas, a one (1) sector frame of four (4) antennas and a microwave panel antenna. SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECOMMENDATION: Approval with condition HEARING OFFICER DECISION: Approval with conditions ZONING DISTRICT: E - Employment 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020