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HomeMy WebLinkAbout2008 TURNBERRY RD APU SEPT 14 2017 P & Z BOARD HEARING - PDP160018 - REPORTS - RECOMMENDATION/REPORTLong Pond Wireless Telecommunications Facility,, Addition of Permitted Use Zoning & Vicinity Map Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 12 7. Letter from Fort Collins Country Club 8. Administrative policy disallowing new wireless equipment and facilities on property owned by the City of Fort Collins 9. Photos of nearby grain silos Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 11 In evaluating the request for proposed Long Pond Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan, Staff makes the following findings of fact: A. The Project Development Plan complies with the process and standards located in Division 1.3.4 — Addition of Permitted Uses of Article 1 — General Provisions if the conditions of approval for Section 1.3.4(C)(1)(c) are met. B. The Project Development Plan complies with the process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. C. The Project Development Plan complies with relevant standards of Article 3 — General Development Standards if the plan is modified consistent with the requested conditions of approval. D. The Project Development Plan complies with relevant standards located in Division 4.5, Low Density Mixed -Use Neighborhood (LMN) of Article 4 — Districts if the development meets the conditions of approval for Section 1.3.4(C)(1)(c). RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend that the City Council approve the Long Pond Wireless Telecommunications Facility and Addition of Permitted Use, PDP160018 subject to the following conditions: The applicant shall reduce the height of the proposed wireless telecommunications facility to 45 feet or less and the facility be moved further north to be closer to the outbuildings to assure compatibility with the area and cannot be changed without an amendment by the approving authority. ATTACHMENTS: 1. Zoning & Site Vicinity Map 2. Long Pond Wireless Telecommunications Facility Project Narrative 3. Long Pond Wireless Telecommunications Facility Planning Document Set (including site plan and elevations) 4. Coverage maps from Open Signal and Sensorly 5. Excerpt of the Wireless Telecommunications Act of 1996 6. City of Fort Collins Structure Plan Map for northeast Fort Collins Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 10 height of the silo to 45 feet and locates the proposed facility closer to existing outbuildings. This will make the silo better integrated into the existing site and mitigate the visual impact of the tower. 4. Compliance with Article 4 of the Land Use Code — Division 4.5, Low Density Mixed -Use Neighborhood (LMN) The project complies with all applicable Article 4 standards as follows: A. Section 4.5(8)(1) — Permitted Uses The proposed use, wireless telecommunications facility, is not permitted in the LMN zone. For this application to be approved, the applicant must satisfy the criteria outlined in Section 1.3.4(C)(1) of the Land Use Code. By approving the project with staffs recommended conditions of approval, this project would achieve an APU and would thus come into compliance with this section of the code. 5. Public Outreach Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal of a formal development application with the City and one must be held after the first round of staff review. In compliance with this code section, the applicant held the first neighborhood meeting on March 30, 2016 at Tavelli Elementary School. 70 neighbors attended the meeting. After this meeting, the applicant submitted their development application with the City on May 25, 2016- The applicant held the second neighborhood meeting on May 17, 2017. 54 neighbors attended this meeting. Neighbors raised the following issues at these meetings: • Concern about radio frequency emissions • The proposed use is not compatible with the surrounding neighborhoods • A 60 foot tower is too tall and obtrusive • Concern about traffic from wireless companies servicing the tower • Worried that a cell tower will decrease the value of their home 6. Findings of Fact/Conclusion: Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 9 be compatible with the surrounding natural environment considering land forms, topography, and other natural features. If such facility is an accessory use to an existing use, the facility shall be constructed out of materials that are equal to or better than the materials of the principal use. As discussed previously in this staff report, the proposed silo is consistent with the agricultural character of the site and its surroundings. The proposed material, fiberglass, is equal to or better than the materials used on the house and outbuildings located on the development site. D. Section 3.8.13(C)(5) — Fencing Fencing material shall consist of wood, masonry, stucco or other acceptable materials and be opaque. Fencing shall not exceed six feet in height. The proposed fence is made of wood and will not exceed six feet in height in accordance with this standard. E. Section 3.8.13(C)(8) — Color Wireless telecommunication facilities shall be painted to match as closely as possible the color and texture of the wall, building or surrounding built environment. Muted colors, earth tones and subdued colors shall be used. The proposed color will be a muted green to fit in with the surrounding neighborhoods and agricultural uses in accordance with this standard. F. Section 3.8.13(C)(11) — Access Roadways The proposed access roadways meet the requirements for emergency access per Section 3.6.6, satisfying this standard. G. Section 3.8.13(C)(15) — Stealth Technology Applicants must use stealth technology to the extent reasonably feasible to minimize the visual impact of the facility. Silos are included in the list of permissible structures per this section so long as the structure has a contextual relationship with the adjacent area. Given the agricultural heritage of northeast Fort Collins, a silo generally provides this contextual relationship. To better satisfy this code section, staff recommends a condition of approval related to Section 1.3.4(C)(1)(c) that reduces the Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 8 May 17, 2017, after the first round of staff review. Section 5 of this staff report contains an overview of these neighborhood meetings. H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code The proposed use is a Wireless Telecommunications Facility, which satisfies this criterion. 3. Compliance with Article 3 of the Land Use Code — General Development Standards: The project complies with all applicable General Development Standards as follows: A. Section 3.6.6 — Emergency Access The applicant proposes a 20-foot-wide gravel path in an emergency access easement with a turnaround to provide emergency access to the tower. This path will allow emergency vehicles to access the site and provide fire and emergency services pursuant to Chapter 9 of the City Code. B. Section 3.8.13(C)(1) — Setbacks Facilities must be setback from the property one foot for every one foot in the facility's height. The applicant may also demonstrate the facility is designed to collapse rather than topple to meet this requirement. The proposed facility is 121 feet away from the nearest property line, which meets this requirement. If the conditions of approval for 1.3.4(C)(1)(c) are approved, staff recommends a condition of approval that requires the new location of the facility to also satisfy this requirement. C. Section 3.8.13(C)(2) — Wireless Telecommunications Facilities Whether manned or unmanned, wireless telecommunication facilities shall be consistent with the architectural style of the surrounding architectural environment (planned or existing) considering exterior materials, roof form, scale, mass, color, texture and character. Such facilities shall also Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 7 cell tower be designed and located as recommended per the conditions of approval for Criterion C, the tower will also have no greater impact than any of the other permitted uses in the LMN zone. A 45-foot tall silo structure located near agricultural outbuildings will appear akin to other silos near the development site, which satisfies this criterion. E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area The predominant character of the surrounding area is that of a suburban, residential community. Just as the two silos nearby on Vine Dr. do not define the character of that corridor, nor shall the proposed silo define the character of this neighborhood. The proposed silo, should the conditions of approval to Criterion C be approved, will recede into the background of the neighborhood and will not define the area, satisfying this requirement. F. Section 1.3.4(C)(1)(0 - Such use is compatible with the other listed permitted uses in the zone district to which it is added As established for Criterion A, wireless telecommunications equipment is an allowed use. This means the design of a wireless telecommunications facility is the principal consideration for establishing compatibility with the surrounding neighborhood. The proposed conditions of approval for Criterion C would keep the proposed tower in scale with the surrounding neighborhoods and locate the tower appropriately to minimize community impacts and make the silo appear integral to the operation of the development site. Given the findings of Criterion A and the recommended conditions of approval for Criterion C, staff finds the proposed use is compatible with the other listed permitted uses in the zone district to which it is added. G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff re vie w Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on March 30, 2016, prior to submittal of a development application. Staff convened a second neighborhood meeting on Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 6 Two silos near the development site are emblematic of how silos function on agricultural sites in Fort Collins (attachment 9). Both silos are around 30 feet in height and are located near outbuildings. Both silos are constructed out of cement and feature a flat top. The proposed facility is 60 feet tall and located away from the series of outbuildings on the development site. The scale of the proposed silo is too tall compared to other, existing silos in the area to be construed as being part of an active agricultural operation. The location of the silo on the site does not appear integral to the operation of the site. Staff proposes two conditions of approval to meet this criterion of the Addition of Permitted Use process: 1. The silo is reduced in height to 45 feet. 2. The silo should be located at the north end of the site close to the existing outbuildings to appear integral to the site. These conditions of approval will allow the proposal to meet this criterion of the APU process while also better meeting other provisions on the Land Use Code. This design and location would also minimize the impact of the facility on the property immediately south of the site while still keeping the silo interior to the site and thus minimizing the impact on other neighbors. Staff recommends a 45-foot tall silo to allow for co -location in accordance with Land Use Code section 3.8.13(B). While a 60-foot tower would allow more co - location opportunities, a 45-foot tower would be more in scale with the neighborhood and minimize the visual impact of the tower. At this height, another carrier could locate on the tower while keeping the facility more in scale with the surrounding neighborhood and other silos nearby. D. Section 1.3.4(C)(1)(d) - Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added Cell towers do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi -public facilities, utilities or services, adverse effect on public health, safety, morals, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. Aesthetically, should the Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 5 Given this scenario, the sites best suited for a cell tower are large sites that will allow the tower to be sited away from nearby developments to mitigate the size of the tower. The large sites nearby include Maple Hill Park, Richards Lake Park, the future school site owned by Poudre School District, the future Northeast Community Park site, and the legacy farm lots along Turnberry Rd. Neither the City of Fort Collins nor Poudre School District allow leases for cell towers on their property (attachment 8). The only remaining large lots in the search ring are along Turnberry Rd., including the site under consideration with this development application. Given the FCC's requirement to allow cell towers, the proposed development site is as appropriate of a site as any in the applicant's search ring. Land Use Code section 3.8.13(C)(2) and 3.1.13(C)(15) require wireless telecommunications facilities to fit into the context surrounding the site and to also use stealth technology to hide the facility to the extent reasonably feasible. Immediately adjacent to the site on the south is a single-family detached home on a large lot. Maple Hill sits north of the development site with one parcel separating the development site from Maple Hill. Maple Hill comprises single-family detached homes, a neighborhood park, open space, and a neighborhood pool. Story Book lies south of the development site. Similarly to Maple Hill, Story Book comprises single-family detached homes and open space. Across Turnberry Rd., west of the development site, are a number of County subdivisions. These County subdivisions comprise small multi -family developments, townhomes, and single-family detached homes on large lots. Poudre School District (PSD) owns the land east of the development site. PSD proposes a school to be located here in the future. Anheuser-Busch/In Bev owns the land east of the PSD site, which is currently used as an agricultural operation. The development site itself contains a two- story, single-family detached home with a variety of out buildings. The out buildings indicate the property was likely used as a farm prior to the area developing. The context consists predominantly of one- and two-story residential structures. Few non-residential structures exist near the development site. Most of the buildings are new construction from the 2000's with the development in the County and home immediately to the south containing buildings from various decades. No structure nearby exceeds 40 feet in height. Given the burgeoning residential areas around the site and the agricultural activities beyond the surrounding neighborhoods, a silo is an appropriate design. A silo would harken back to the agricultural roots of the site and could appear integral to the existing site if designed and located properly. The current design and location of the silo, however, do not appear integral to the site. n Staff Report - Long Pond Wireless Telecommunications Facility and Addition of Permitted Use - PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 4 needed service for residents of a neighborhood, a wireless telecommunications facility conforms to the basic characteristics of the LMN zone so long as the facility is designed in harmony with the existing neighborhoods surrounding the site. As such, the proposal satisfies this criterion based on the conditions of approval recommended in the subsequent section of this staff report. C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties The applicant proposes this facility in this location due to the need for cell phone coverage in this portion of the city. Per the propagation maps supplied by the applicant, cell phone coverage is poor in northeast Fort Collins. Two websites dedicated to providing crowd sourced cell coverage maps, Open Signal and Sensorly, back up this claim (attachment 4). The Wireless Telecommunications Act of 1996 requires municipalities to permit cell towers. Municipalities may determine where in the community these towers are located but may not de facto ban cell towers through zoning (attachment 5). In the portion of the city where Verizon has coverage gaps, only six parcels within the city limits have zoning that would allow Wireless Telecommunications Facilities. All of these parcels are owned by Anheuser- Busch/InBev. Anheuser-Busch/InBev's parcels do not make good candidates for a wireless tower to serve the neighborhoods the provider is looking to serve per the applicant's project narrative. None of the other parcels in the applicant's search ring that are within the city limits have zoning that would allow a wireless telecommunications facility. Many properties near the development site, however, are still located in Larimer County. County zoning allows commercial mobile radio services, synonymous with wireless telecommunication facilities, in all zones subject to special review. If a development proposal in the County is on a parcel contiguous with the city limits and is subject to special review, then the property would be required to annex into the City of Fort Collins. Per the Structure Plan Map, none of the parcels in the applicant's search ring would enter the City of Fort Collins with zoning that would allow a wireless telecommunications facility except for one (attachment 6). The property that would enter the City with appropriate zoning would be the Fort Collins Country Club. Fort Collins Country Club also denied the applicant's request for a lease (attachment 7). The county parcels not contiguous to city limits in the applicant's search ring are lots containing single-family detached homes, which do not make ideal sites for a cell tower. Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 3 Section 1.3.4(C)(1) of the Land Use Code. The project complies with these criteria as follows: A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added Wireless telecommunications equipment is a use allowed in all zones. Wireless telecommunications equipment is defined as, "... equipment used to provide wireless telecommunication service, but which is not affixed to or contained within a wireless telecommunication service facility, but is instead affixed to or mounted on an existing building or structure that is used for some other purpose," per the definitions found in Article 5 of the Land Use Code. What this implies is that equipment that facilitates improved wireless connectivity is allowed citywide. The difference between wireless telecommunications equipment and a facility is that the facility is a freestanding structure for the sole purpose of providing wireless connectivity. The difference between the two uses is design, not function. As such, the proposed use is appropriate in the Low Density Mixed -Use (LMN) zone district. B. Section 1.3.4 (C)(1)(b) - Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added Per section 4.5(A) of the Land Use Code, the purpose of the LMN zone is, "... to be a setting for a predominance of low density housing combined with complementary and supporting land uses that serve a neighborhood and are developed and operated in harmony with the residential characteristics of a neighborhood. The main purpose of the District is to meet a wide range of needs of everyday living in neighborhoods that include a variety of housing choices that invite walking to gathering places, services and conveniences, and that are fully integrated into the larger community by the pattern of streets, blocks, and other linkages. A neighborhood center provides a focal point, and attractive walking and biking paths invite residents to enjoy the center as well as the small neighborhood parks. Any new development in this District shall be arranged to form part of an individual neighborhood." As established in the previous section, wireless telecommunications equipment is an allowed use in the LMN zone. This means uses allowing for improved wireless connectivity are not inherently in conflict with the other uses allowed in the zone. The purpose of the zone also calls for uses that support a neighborhood that are developed and operated in harmony with the residential characteristics of a neighborhood. Since wireless telecommunications uses are accessory to principle uses and provide a Staff Report — Long Pond Wireless Telecommunications Facility and Addition of Permitted Use — PDP160018 Planning & Zoning Board Hearing 09-14-2017 Page 2 • The Project Development Plan complies with the process and standards located in Division 1.3.4 — Addition of Permitted Uses of Article 1 — General Provisions if the conditions of approval for Section 1.3.4(C)(1)(c) are met. • The Project Development Plan complies with the process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. • The Project Development Plan complies with relevant standards of Article 3 — General Development Standards. • The Project Development Plan complies with relevant standards located in Division 4.5, Low Density Mixed -Use Neighborhood (LMN) of Article 4 — Districts if the development meets the conditions of approval for Section 1.3.4(C)(1)(c). COMMENTS: 1. Background The property was annexed into the City as part of the Country Club East Annexation on September 6, 1983. In 1989, the property owner subdivided property to create the existing lot pattern that exists today. The site has been used as a farm property and contains buildings dating from 1900 to 1950. The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Low Density Mixed -Use Neighborhood Single-family detached residential South L w Density Mixed -Use Neighborhood Single-family detached residential East Low Density Mixed -Use Neighborhood Vacant LMN West County Residential (R) Single-family detached residential 2. Compliance with Article 1 of the Land Use Code — General Provisions The proposed use, wireless telecommunications facility, is not allowed in the LMN zone. For proposals where a use is not allowed in the zone district but is allowed elsewhere in the City, an applicant may apply for an Addition of Permitted Use (APU). An APU will allow the proposed use on this parcel only. In order to grant an APU, the proposal must meet a set of criteria outlined in City of Fit Collins MEETING DATE STAFF Sep. 14, 2017 Clay Frickey PLANNING & ZONING BOARD PROJECT: Long Pond Wireless Telecommunications Facility and Addition of Permitted Use, PDP160018 APPLICANT: Caleb Crossland 4450 Arapahoe Ave. Suite 100 Boulder, CO 80303 OWNERS: Forbes Kenneth E Jeanette L 2008 Turnberry Rd. Fort Collins, CO 80524 PROJECT DESCRIPTION: This is a request for a Project Development Plan to build a telecommunications tower housed within a 2,500 sq. ft. wireless facility. This facility will house wireless telecommunications equipment to provide wireless service to the surrounding area. No wireless equipment is proposed at this time. The proposed tower would be 60 feet tall and disguised as a silo. This tower and facility will be used for structural support of up to three wireless providers. Each provider will install antennas and on -the -ground base station equipment. The site is located in the Low Density Mixed -Use Neighborhood (LMN) zone district and, as such, is subject to the review and approval by the City Council. Wireless telecommunications facility is not an allowed use in the LMN zone. The applicant is seeking an Addition of Permitted Use (APU) to allow a wireless telecommunications facility on this parcel. RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend that the City Council approve, subject to one condition, the Long Pond Wireless Telecommunications Facility and Addition of Permitted Use, PDP160018. EXECUTIVE SUMMARY: Staff finds the proposed Long Pond Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750