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HomeMy WebLinkAboutWIRELESS TELECOM. EQUIP. (SPRINT PCS) AT DMA PLAZA - PDP/FDP - 21-97 - DECISION - FINDINGS, CONCLUSIONS & DECISIONDECISION Based on the findings and conclusions, the request to install a 310 square foot (15 feet by 20 feet), enclosed/screen base transmission station on the east edge of the rooftop; to install three Sprint antenna arrays with three antennas each (nine total antennas) flush mounted on the north, east, and west building elevations; and to install a two -foot tall GPS antenna on the top of the penthouse/elevator equipment room of the DMA Plaza, file #21-97 is APPROVED. Dated this 3rd day of October, 1997, per authority granted by Sections 1.4.9(E) and 2..1 of the Land Use Code. Kenneth G. Waido Chief Planner docfiI\hearings\XXXXX. hrg the proposed equipment was rated 250 times below national industry standards. Ms. Sanfort provided a notice (copy attached) and reported the residents of DMA Plaza have been advised of the proposed project and that there were no objections. City Response: Since there is no evidence that the proposed equipment constitutes a health hazard to the general public, there is no reason to condition the approval of the proposed project. If at some future date any studies do provide such information the City will likely develop, if it does not already have, the necessary legal mechanisms to remove the equipment or in some other manner protect public health. BACKGROUND The City's Land Use Code defines "wireless telecommunications equipment" and such equipment is permitted in the D, Downtown Zoning District (Civic Center Subdistrict) subject to administrative review. In addition, Section 3.8.13 of the Land Use Code provides standards for the installation of such equipment. 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: 1. The proposed antennas, and base transmission equipment are defined as wireless telecommunications equipment. 2. Wireless telecommunications equipment is allowed in the D, Downtown, Zoning District (Civic Center Subdistrict). 3. The proposed antenna arrays will be flush -mounted on the north, east, and west building elevations of the DMA Plaza Building. 4. The proposed equipment is not mounted on a residential building containing four or fewer dwelling units. 5. The proposed equipment meets the applicable standards of Section 3.8.13© of the Land Use Code. NOTICE OF PUBLIC HEARING: Notice of public hearing was made on September 17, 1997, by mailing to property owners within 500 feet of the subject property. The public hearing was advertised in the Coloradoan on September 18, 1997. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 2:00 PM on October 2, 1997. The hearing was held in the Maple Conference Room at 281 N. College Ave., Fort Collins, Colorado. HEARING TESTIMONY WRITTEN COMMENTS AND OTHER EVIDENCE: The following is a list of those who spoke at the meeting: From the City: Steve Olt, City Planner From the applicant: Nathan Foster and Cathy Sanfort From the Community: Bob King via Steve Olt Written Comments: None Community Concerns: Mr. Olt forwarded concerns express to him over the telephone from Mr. King (property -owner of 230 Remington Street adjacent to the DMA Plaza) regarding health studies for the proposed telecommunications equipment. If the studies showed the equipment to be a health hazard, could the City condition any approval so that they could be removed in the future? Applicant Response: Mr. Foster noted that the 1996 Telecommunication Act prohibited the denial of telecommunications equipment based on health concerns. He also stated that CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: Ken Waido Chief Planner PROJECT NAME: 300 Remington Street (DMA Plaza), Wireless Telecommunications Equipment CASE NUMBER: 21-97 APPLICANT: Sprint PCS c/o Jill Jelinek 4700 South Syracuse Street, Suite 600 Denver, CO 80237 PROJECT DESCRIPTION: Request to install a 310 square foot (15 feet by 20 feet), enclosed/screen base transmission station on the east edge of the rooftop; to install three Sprint antenna arrays with three antennas each (nine total antennas) flush mounted on the north, east, and west building elevations; and to install a two -foot tall GPS antenna on the top of the penthouse/elevator equipment room of the DMA Plaza. SUMMARY OF RECOMMENDATION AND DECISION: Staff recommendation: Approval Hearing Officer Decision: Approval ZONING DISTRICT: D, Downtown (Civic Center Subdistrict)