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HomeMy WebLinkAbout2008 TURNBERRY RD APU SEPT 14 2017 P & Z BOARD HEARING - PDP160018 - DECISION - MINUTES/NOTESPlanning & Zoning Board September 14, 2017 Page 9 He doesn't feel that the proposal meets the compliance conditions, saying its use isn't compatible and could have negative impacts, so he will not support this proposal. Member Carpenter is also concerned with the future implications, so she isn't sure she will support it. Member Rollins is also struggling with this proposal, and she would like to have an outside RF engineer review it first, so she won't support it. Vice Chair Hansen supports this proposal, based on the need for cell service needs and the fact that grain silos are an appropriate vehicle for a camouflaging device. Member Whitley also stated that a 60- foot tower would reach a greater number of users. Member Hobbs stated that his research indicated that an average silo is about 30-35 feet in height, so the proposed silo of 45 feet in height may not blend in with the farm. Member Hobbs made a motion that the Planning and Zoning Board recommend denial to the City Council for the Long Pond Wireless Telecommunications Facility and Addition of Permitted Use, on the basis that the use would not conform to the basic characteristics of the zone district and the location, size, and design would not be compatible and could have negative Impacts on the use of nearby properties; Member Rollins seconded. Vote: 4:1. Other Business 2018 Annual Work Plan Member Carpenter moved to approve the 2018 P&Z Annual Work Plan as presented; Member Whitley seconded. Vote: 6:0. Vice Chair Hansen moved to adjourn the P&Z Board hearing. The meeting was adjourned at 9:21pm. Ca eron Gloss, P n mg Director Jeff Ws6n, Acting Chair Planning & Zoning Board September 14, 2017 Page 8 He doesn't feel that putting a tower on this location will enhance the area. Kevin Forbes, 2908 Turnberry Road, is related to the property owners, and he is aware of the poor cell phone service. He explained that the outbuildings are being used and maintained, and this parcel is a single-family dwelling on 8 acres. He believes that due diligence was properly performed and that this site works well. Applicant/Staff Response and Board Questions Planner Frickey addressed several of the citizen questions regarding due diligence performed and investigation of alternate locations. Regarding the precedent issues, he explained that such projects are evaluated as unique cases, so precedents are rarely set. Regarding the development process, the complete application was just recently received, and Staff scheduled it for P&Z review as early as possible. Regarding the "working farm" issue, he feels that this application should be analyzed as it is at present. He continued by saying he is not aware of any cell towers in any residential zones in Fort Collins since 1996 — this project would be the first APU of its type. Vice Chair Hansen asked whether the third party consulting suggestion is viable; Planning Frickey stated he had contacted the Center for Municipal Solutions, but no agreement was made to analyze cell tower proposals. There are approximately 100 WTFs within Fort Collins, and the cost to monitor these facilities by a third party would cost more than $100,000 (one-time fee). Vice Chair Hansen also asked what considerations were made for the speck location on this site and the consequences if it were abandoned. Mr. Bradtke responded by saying that they considered the setback requirements, and his company would take responsibility of dismantling and disposal of the WTF. He stated that construction would start in early 2018. He also gave some detail of how security would be maintained, including a security fence and a lock on the gate. Member Rollins asked if locating the WTF on the city -owned property to the east was considered; Planner Frickey stated that there is an administrative City policy that won't allow new leases on their property, mainly due to prior back -lash in response to a proposed cell tower. Member Hobbs asked what the zoning is on that city property; Planner Frickey responded that it is low -density, mixed -use neighborhood, which is public open land and can be zoned for a park. Member Whitley asked why the negotiations failed with FCCC and Anheiser-Busch; Michael Powers, Director of Legal Affairs with Atlas Towers, stated that negotiations were attempted over several years. Anheiser- Busch was completely unresponsive, even after letters and phone calls were used to reach them. They also contacted the FCCC, but they would not even allow a discussion of their proposal. Member Rollins asked if this entire area is a residential zone; Planner Frickey showed the Board a simplified version of the structure plan map, which includes City Plan annexations and some areas that wouldn't allow this use. Member Hobbs also asked what the possibility would be for this area to be covered by other cell towers; Ram Nandiraju, an RF Engineer with Verizon Wireless, explained how coverage works, based on the height of towers farther away and the maximum coverage by higher towers. He added that the main factors that influence service include cell tower radius, height, and terrain. The maximum diameter for service is generally one mile in each direction, adding that a most "millennials" want wireless coverage in neighborhoods, so they are not averse to having WTFs in their neighborhoods. He stressed that his company is serious about compliance with regulations. Member Hobbs asked for a larger view of the zone district to identify the most likely zones that would allow WTFs; Planner Frickey pointed out several adjacent zones that would require negotiation with Larimer County. Board Deliberation Member Whitley does not see specific issues with this proposal. Mr. Hobbs stated that while he recognizes that the lack of cell phone service in this area needs to be addressed, he is not convinced that all possible solutions such as towers to the north and new technologies have been explored. Planning & Zoning Board September 14, 2017 Page 7 Member Carpenter asked about future redevelopment of this area and how this silo will fit in with the neighborhood; Planner Frickey responded that any subsequent changes would need a new review. Member Hobbs asked who owns the land this WTF will be located on; Planner Frickey stated that the parcel is an owner -occupied parcel, and the company will be leasing the land from them. Vice Chair Hansen asked if there are any visual comparisons available to illustrate the silo at 45 feet in height; Planner Frickey does not have a visual depiction of that. Mr. Bradtke stated that the external material on the silo will be a fiberglass material, but there are many design options. Assistant City Attorney Yatabe reminded the group that, per the Federal Telecommunications Act section 332(C)(7)(b)iv, the City is prohibited from regulating the placement, construction or modification of personal wireless service facilities on the basis of the environmental effects of radiofrequency emissions to the extent that such facilities comply with Commission's regulations concerning such emissions, which includes precluding any consideration of potential health effects of frequency emissions. Public Input (3 minutes per person) Nancy Eason, 1909 Turnberry Road, asked for additional minutes to present the comments that represent at least 35 neighbors. Vice Chair Hansen granted her 10 minutes. Ms. Eason gave a written statement to the Board to be entered into the record. She stated her concern that approving this project will set a dangerous precedent for other residential communities. She did not feel that the resident questions were properly answered during the neighborhood meetings, so she doesn't feel that due diligence was performed. She isn't convinced that the Applicant contacted all available adjacent areas to investigate the possibility of placing the WTF in another location. She urged the City to make sure the future buildout of infrastructure has been done before approving this, and she suggested hiring experts in this case. She is concerned with approving this APU, because similar projects could continue in other zones. She questioned the conformance with criterion 4, in that adverse effects on public health and safety could occur; she requested a note be added to the documentation that that part of the code requirement was intentionally omitted because of the Federal regulation. Tanya Andreas, 1900 Tumberry Road, has a concern that the development process is difficult to navigate for residents, adding that almost 2 years have elapsed since the beginning of this process. She also requested that a third party of radiofrequency (RF) engineers evaluate this proposal, and she encouraged the City to investigate this option. Marilyn Anderson, 1935 Sherell Drive, is opposed to this cell tower proposal, saying she would like the proposed WTF to be as far away from the road as possible. She feels that this use is not in character with the neighborhood and is concerned that it could ultimately decrease property values. Debbie Corey, 2000 Rangeview Drive, is opposed to this proposal. She questioned who would have the responsibility of disassembling the WTF if it becomes obsolete in the future and who would assume liability. She also suggested that proper signage be installed if the WTF is built, since this area is frequented by neighbors and their children. Jim Miles, 3403 Apiatan Court, is a resident of Hearthfire subdivision; he acknowledged that, while the cell phone service in this area is inadequate, Fort Collins should continue to keep pace with development. Therefore, he supports this project. Don Eason, 1909 Tumberry Road, has safety concerns related to the RF engineering and emissions. He is aware that the P8Z Board does not have purview over this, but he questioned how the federal guidelines will be enforced and checked to maintain safety. Ted Wolf, 2120 Sherwood Forest Court, stated that 78 new homes have been built in the last 2 years, adding that he feels the developer did not do a good job of identifying better locations because of cost. Planning & Zoning Board September 14, 2017 Page 6 Recommendation: Approval Member Heinz excused herself due to a conflict of interest at 7:39pm. Secretary Cosmas reported that 1 email has been received in support of this project, and 3 emails were received with concerns related to livability, property resale, granting zoning variances, and potential safety issues. Staff and Applicant Presentations Planner Frickey gave a brief overview of the project proposal. Ken Bradtke, Operations Manager with Atlas Tower, gave a detailed presentation, including some background of his company, wireless signal coverage needs and gaps in the north end of Fort Collins, zoning criteria, and some design elements of the project. He provided justification for the location, citing coverage gaps in the area and the importance of emergency calls being reliable. He showed some visual slides of what the project would look like and the view from surrounding areas. He provided some explanation of the requirements of communications towers, including restrictions on tower height, communication coverage, etc. Staff Analysis and Board Questions Planner Frickey discussed the APU process for an Applicant who is seeking a use that is not currently allowed in that particular zone. He reviewed each of the uses of the criterion in question, explaining that the City Council will make the final determination for this project. He stated that the fundamental issue for this project relates to design; therefore, since the function is consistent with the use, Staff finds the design meets the stated criterion 1. He reviewed each successive criterion: • 2 — Conforming to basic characteristics of the zone district (relating to zoning use). • 3 — Location size and design of the proposed facility. Explanation: based on a federal law requiring cities to permit cell towers, the Applicant has provided a coverage map to justify location selected. Planner Frickey has investigated other surrounding area, but they are not available (due to schools or other companies). He also showed some images from Google Earth that depict adjacent neighborhoods. Staff had requested the Applicant to provide proof that they could not get a lease on any of the sites that had appropriate zoning and could accommodate a cell tower (Fort Collins Country Club (FCCC) and Anheiser-Busch). He went on to explain the difficulties that had arisen while conducting this investigation. From a design standpoint, he feels that the cell tower silo proposed meets the stealth technology requirement if the two conditions of approval are approved. • 4 — Minimizing negative impacts. • 5 — Use will not change character of neighborhood. • 6 — Is compatible with the other listed permitted uses in the zone district. • 7 — Staff held two neighborhood meetings. • 8 — Is not a marijuana -related business. He also discussed the standards 1-4 of the Land Use Code as long as the conditions of approval are met: • Applicant reduce the height of the proposed WTF to 45 feet or less, and • Location of WTF be moved further north to be closer to outbuildings. Planning 8 Zoning Board September 14, 2017 Page 5 concern with parking or traffic as the PDP is proposed. Members Carpenter and Heinz will also support this project. Member Hobbs asked for clarification regarding the garage modification; Planner Frickey confirmed that this is now a moot point from a LUC perspective. Member Hobbs made a motion that the Planning and Zoning Board approve the "06 Seneca Street Group Home PDP170024, based on the findings of fact contained in the staff report that is included in the agenda materials for this hearing and the board discussion on this item. Member Heinz seconded. Yatabe suggested that the staff findings related to the modification be excluded; Member Hobbs amended his motion to reflect this exception. Vote: 6:0. The Board took a recess at 7:02pm; they reconvened at 7:28pm. Assistant Attorney City Yatabe stated that there were a number of people who were in attendance earlier in the hearing that did not understand the consent versus discussion process of approving hearing items. Because those citizens came to testify on several items but did not take advantage of this opportunity, he recommended that the P8Z Board reconsider those items at a later date. Those agenda items include the Hansen Farm ODP and the St. Elizabeth Ann Seton Catholic Church ODP. Assistant Attorney City Yatabe described the prescribed solution to the Board members. Member Carpenter expressed concerned that continuing those two items will strain the Applicant's time frame for project development. Both Planner Frickey and Senior Planner Wray confirmed that continuing these items should not present a hardship to the Applicants. Member Whitley made a motion to reconsider the vote on the consent agenda; Member Hobbs. Vote: 6:0. Member Hobbs made a motion to adopt the original Consent agenda, excluding the St. Elizabeth Ann Seton Catholic Church ODP and the Hansen Farm ODP and moving those items to the Discussion agenda; Member Heinz seconded. Vote: 6:0. The previous motion is still in good standing regarding adopting the Consent agenda; vote: 6:0. Member Hobbs made a motion to continue St. Elizabeth Ann Seton Catholic Church ODP to the October 19,- 2017, P8Z Hearing; Member Heinz seconded. Vote: 6:0. Member Hobbs made a motion to continue the Hansen Farm ODP to the October 19, 2017, PSZ Hearing; Member Whitley seconded. Vote: 6:0. Project: Long Pond Wireless Telecommunications Facility and Addition of Permitted Use (APU) 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 (WTF) 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. Planning & Zoning Board September 14, 2017 Page 2 Planning Director Gloss reviewed the items on the Consent and Discussion agendas, stating that all items will be heard as originally advertised, including the 2018 Annual Work Plan. Public Input on Items Not on the Hearing Agenda: Mark Houdashelt, 429 Lyons Street, is the Chair of the Air Quality Advisory Board, and he extended an invitation to the P&Z Board to work together in the future on any topics related to air quality. Vice Chair Hansen asked Staff to pursue a future meeting with this Board. 2018 Annual Work Plan Vice Chair Hansen asked whether the Board had any further revisions for the 2018 Annual Work Plan. This item will be revisited at the end of the hearing for further discussion. Consent Agenda: 1. Draft Minutes from August 17, 2017, P&Z Hearing 2. St. Elizabeth Ann Seton Catholic Church ODP Amendment 3. Hansen Farm ODP 4. Ziggi's Coffee PDP Public Input on Consent Agenda: None noted. Member Hobbs made a motion that the Planning and Zoning Board approve the Consent agenda for the September 14, 2017, Planning and Zoning Board hearing as originally advertised. Member Carpenter seconded the motion. Vote: 6:0. Discussion Agenda: 5. 4406 Seneca Street Group Home 6. Long Pond Wireless Telecommunications Facility and Addition of Permitted Use (APU) Project: 4406 Seneca Street Group Home Project Description: This is a request for a Project Development Plan to convert a single-family residence into a ten -bedroom group home at 4406 Seneca St (parcel # 9734411014). The proposal would serve as an assisted living facility that is licensed by the State of Colorado for eight elderly residents. The site plan indicates the conversion of the existing two -car garage into two bedrooms with a shared bathroom totaling 5 bedrooms on the first floor. The basement will consist of five bedrooms and the additional access gained from a new stairwell on the east side of the residence. The applicant indicated that there will be an on -site manager and installation of a sprinkler system. The site will include parking on a circular driveway for 3 cars. The project is located in the Low Density Residential (RL) zone district and is subject to Planning and Zoning Board (Type II) review. Jeff Schneider, Chair Jeff Hansen, Vice Chair Jennifer Carpenter Emily Heinz Michael Hobbs Ruth Rollins William Whitley City Council Chambers City Hall West 300 Laporte Avenue Fort Collins, Colorado Cablecast on FCTV Channel 14 & Channel 881 on Comcast The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Regular Hearing September 14, 2017 Member Schneider called the meeting to order at 6:00 p.m. Roll Call: Carpenter, Hansen, Heinz, Hobbs, Rollins, and Whitley Absent: Schneider Staff Present: Gloss, Yatabe, Wray, Frickey, Hahn, Tatman-Burruss, Virata, Wilkinson, Andrews, and Cosmas Agenda Review Vice Chair Hansen provided background on the board's role and what the audience could expect as to the order of business. He described the following procedures: • While the City staff provides comprehensive information about each project under consideration, citizen input is valued and appreciated. • The Board is here to listen to citizen comments. Each citizen may address the Board once for each item. • Decisions on development projects are based on judgment of compliance or non-compliance with city Land Use Code. • Should a citizen wish to address the Board on items other than what is on the agenda, time will be allowed for that as well. • This is a legal hearing, and the Chair will moderate for the usual civility and fairness to ensure that everyone who wishes to speak can be heard.