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HomeMy WebLinkAboutWIRELESS TELECOM. EQUIP. (US WEST) - PDP/FDP - 11-97A - DECISION - FINDINGS, CONCLUSIONS & DECISIONWIRELESS TELECOMMUNICATIONS SERVICES EQUIPMENT ADMINISTRATIVE REVIEW 124 WEST MAGNOLIA PLANNING DEPARTMENT PROJECT NUMBER #11-97A WHEREAS, the applicant, U.S. West Corporation, 12121 Grant Street, Suite 401, Thornton, Colorado, has duly followed the City procedure of the Wireless Telecommunications Equipment Administrative Review as outlined in Article Three, Division Eight, Section 13 of the Land Use Code and has submitted its application for a Wireless Telecommunciations Equipment Site Plan for the following described property, to wit: A parcel of land platted as the West 130 feet of Lots 13 to 16, North 20 feet of East 60 feet of Lot 13, Block 113, City of Fort Collins, County of Larimer, State of Colorado. WHEREAS, the City Current Planning Department processd the application request in accordance with Section 3.8.13 of the Land Use Code including publication of legal notification in the local newspaper with daily, general circulation; and WHEREAS, the Current Planning Director (or his duly authorized representative) held a public hearing on Tuesday, May 27, 1997, at 1:30 p.m., at 281 North College Avenue, Fort Collins, Colorado, for the purpose of reviewing the Wireless Telecommunications Equipment Plan and for the purpose of establishing a vested right under Article 68 of Title 24, C.R.S. NOW, THEREFORE, IT IS HEREBY DETERMINED BY THE CURRENT PLANNING DIRECTOR (OR HIS DULY AUTHORIZED REPRESENTATIVE) OF THE CITY OF FORT COLLINS THAT: The Wireless Telecommunications Equipment Plan for 124 West Magnolia Street, be approved, and as grounds, therefore, the following facts are found to be true: A. The installation of wireless telecommunications equipment is a permitted use in the D, Downtown, Zone District. B. The installation conforms to the standards as outlined in Section 3.8.13 of the Land Use Code. DIRECTOR (OR HIS DULY AUTHORIZED REPRESENTATIVE) /&a Z:7 g�9`7 DATE Hearing Officer Decision City of Fort Collins File #11-97A Page 4 1. The proposed antennas meet the Land Use Code definition of wireless telecommunication equipment. 2. Wireless telecommunication equipment is a permitted use in Section 4.12 of the Land Use Code, the D - Downtown zone district. 3. Section 4.12 of the Land Use Code identifies wireless communication equipment as a permitted use subject to administrative review. 4. The proposed equipment will be mounted on an existing tower. 5. The application meets all applicable requirements of the Land Use Code. DECISION Based on the findings and conclusions, the request to place wireless telecommunications equipment on an existing tower located north of the U.S. West office building at 124 West Magnolia Street, file #11-97A is approved. Dated this 4th day of June, 1997, per authoritygranted by Sections 1.4.9(E) and 2.1.1 of the Land Use Code. Bob Blanchard Current Planning Director dodiillhearings\11-97a. hrg Hearing Officer Decision City of Fort Collins File #11-97A Page 3 BACKGROUND The Land Use Code defines wireless telecommunications services equipment as any equipment used to provide wireless telecommunication services, but which is not affixed to or contained within a wireless telecommunication services facility, but is instead affixed or mounted on an existing building or structure that is used for some other purpose. This particular request is to mount two arrays of three antennas each on an existing tower located north of the existing U.S. West office building at 124 West Magnolia Street with an option to install one additional grouping of three antennas sometime in the future. The height of the antennas would not exceed the height of the existing tower Section 3.8.13 of the Land Use Code provides the standards for wireless telecommunication equipment and facilities. Only Section 3.8.13(C)(3) applies to this application: 3.8.13(C)(3) - Height: The standard limits the height of the equipment to a maximum of 15 feet over the height of the building. All antennas will be mounted on the existing tower and will not extend above the existing height. 3.8.13(C)(3) - Color: The standard requires that the colors of the antennas match the color of the structure they are mounted on. The colors of the antennas will match the color of the existing tower. 3.8.13(C)(8) - Color: The standard requires that the colors of the antennas match as closely as possible the color and texture of the wall, building or surrounding built environment. The colors of the antennas will match the color of the light fixture. 3.8.13(C)(10) - Interference. The standard requires that equipment operate in such a manner so as not to cause interference with other electronics. This type of interference is also prohibited by federal code. 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: Hearing Officer Decision City of Fort Collins File #11-97A Page 2 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on May 12, 1997 by mailing to property owners within 500 feet of the subject property. The public hearing was advertised in the Coloradoan on May 23, 1997. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 1:30 PM on May 27, 1997. The hearing was held in the main conference room at 281 North College Avenue, 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: Ted Shepard, Senior City Planner From the applicant: Bob Pryzbylo, S.B.A. - Wireless Solutions From the Community: None Written Comments: None r City of Fort Collins Community Planning and Environmental cervices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: Bob Blanchard Current Planning Director PROJECT NAME: Wireless Telecommunications Equipment 124 West Magnolia (U.S. West Office Building) CASE NUMBER: 11-97A APPLICANT: U.S. West Corporation c/o Bob Pryzbylo S.B.A. - Wireless Solutions 7600 E. Arapahoe Road, Suite 315 Englewood, CO 80112 PROJECT DESCRIPTION: Request to mount wireless telecommunications equipment on an existing tower located north of an existing U.S. West office building at the northeast corner of West Magnolia Street and South Mason Street. Initial installation would be an array of six antennas in two groups of three. Request includes capability of adding one group of three antennas for a total array of nine. SUMMARY OF RECOMMENDATION AND DECISION: Staff recommendation: Approval Hearing Officer Decision: Approval ZONING DISTRICT: D - Downtown 281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 FAX (970) 221-6378 • TDD (970) 224-6002