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HomeMy WebLinkAboutSCOTCH PINES WTE, VOICESTREAM - PDP/FDP - 34-99B - DECISION - FINDINGS, CONCLUSIONS & DECISIONSco-f Pt � t'iTe 4��,/JOMU AC2-U� Tye- I Z8 t I lz� 2 (2Q cu / S L, E 23?3 I)CITUu I DNver 23 23 -?((c ��I (� ��'1 ✓� �1lP 2-32 3 � P y �ir(/e�, Ca F02161" Scotch Pines Wireless Teleco,,imunications Equipment PDP Administrative Hearing August 23, 2000 Page 6 of 7 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 N-C Zoning 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 an existing power pole southwest of the E. Drake Rd. and S. Lemay Avenue intersection is approved with the following conditions: The Applicant shall ensure that all improvements are constructed consistent with the overall site plan, enlarged site plan, and elevations dated August 22, 2000 held on file in the City of Fort Collins Current Planning Department. 2. The Final 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 31st day of August, 2000, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning irector Scotch Pines Wireless Telecommunications Equipment PDP Administrative Hearing August 23, 2000 Page 5 of 6 5. Neighborhood Compatibility: The primary compatibility issue typically raised during the review process of telecommunications requests is radio interference. In response, the frequency of wireless telecommunications equipment is between 1850 and 1950 megahertz which is substantially separated from the frequencies used by other electronic devices such as radios, t.v.'s, computers and garage door openers. 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 Platte River Power Authority electric pole at the Scotch Pines Shopping Center, Staff makes the following findings of fact: A. The request is defined as "wireless telecommunications equipment." B. Wireless telecommunications equipment is permitted in the N-C, Neighborhood Commercial, Zone District, subject to administrative, Type 1, review. C. The installation, including the ground -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 a residential neighborhood. RECOMMENDATION: Staff recommends approval of Scotch Pines, Wireless Telecommunications Equipment, P.D.P., File #34-99B 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: Scotch Pines Wireless Teleco„imunications Equipment PDP Administrative Hearing August 23, 2000 Page 4 of 6 4. Compliance with Applicable Standards [3.8.13]: 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, page 151). The applicable standards are discussed below. A. Co -location [3.8.13(B)]: The Voice Stream Communications request is for "equipment" to be attached to an existing structure whose primary use is for suspending electrical lines. A note has been attached to the plans stating that the owners or lessees shall not act to exclude any other wireless telecommunication provider from using the same existing structure. B. Color [3.8.13(C)(3)&(8)]: The 12-foot pole extension is galvanized which matches the existing power poles. C. Fencing, Landscaping & Berming [3.8.13(C)(4),(5)&(6)]: The cabinet equipment is partially recessed into the ground and is located on a slope. The part of the cabinet equipment that sticks up out of the ground is enclosed by a concrete retaining wall enclosure approxamately 11'x15' in size. The wall is between 2 and 5 feet tall, along the slope. The enclosure is located 4 feet behind the existing Drake Road sidewalk. All four sides of the equipment enclosure are screened with shrubs. D. Lighting [3.8.18(C)(9)]: There will be no additional security lighting associated with the pole or base equipment. There is an existing street light already mounted to the pole. Scotch Pines Wireless Telecommunications Equipment PDP Administrative Hearing August 23, 2000 Page 3 of 6 BACKGROUND The staff report states the following: The request is defined as "wireless telecommunications equipment." The request to co - locate wireless telecommunications equipment in the N-C zone is subject to a Type 1 review. The installation, including the ground -mounted equipment, meets the applicable design standards. The installation of the equipment is compatible with the neighborhood and will not cause interference with other electronic equipment that is typically found in a residential neighborhood. COMMENTS: Background: The surrounding zoning and land uses are as follows: N: E; Woodward Governor, East Drake Road, S: MMN; residential condominiums, Strachan Drive, E: RL; an existing church, Lemay Avenue, W: MMN; existing multifamily housing, Edinburgh Street. The Platte River Power Authority owns high voltage overhead power lines that run along Drake Road for several miles to the west of this site, and continue east along Drake for almost a mile. This is the first request to locate wireless telecommunication equipment on one of the power poles along Drake Road. 2. Definition [5.1.2]: 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 (monopole 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. Zoningj4.191: The Scotch Pines Shopping Center is zoned Neighborhood Commercial (NC). In the NC zone district, wireless telecommunications equipment is a permitted use, subject to type 1 review. Scotch Pines Wireless Telecommunications Equipment PDP Administrative Hearing August 23, 2000 Page 2 of 6 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on August 9, 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 4:00 PM on August 23, 2000. 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: Jill Cleveland Chris Tenny Stephanie Brennan Mike Braskich From the Community: None Written Comments: None Applicant Response: None City of Fort Collins Commu_ y Planning and Environmental 5rrvices 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: Cameron Gloss Current Planning Director Scotch Pines Wireless Telecommunication Equipment- Project Development Plan 34.-99B Voice Stream Wireless c/o Jill Cleveland 2323 Delgany Street Denver, CO 80216 Request to mount wireless telecommunications equipment as a co -location on an existing power pole. The height of the existing power pole is approximately 88'-6" tall. A 12' pole extension will be mounted to the existing pole. The antenna array would be mounted on this pole extension. A new equipment shelter is proposed adjacent to the existing power pole. The equipment shelter recessed into the side of the existing berm, and is screened by low concrete retaining walls. SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECOMMENDATION: Approval HEARING OFFICER DECISION: Approval with conditions ZONING DISTRICT: N-C Neighborhood Commercial. 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020