HomeMy WebLinkAboutVERIZON WIRELESS FTC DRAKE CROSSING - PDP/FDP - FDP130032 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
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CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: November 13, 2013
PROJECT NAME: Verizon Wireless at 2160 W Drake Road
Combined PDP and FP
CASE NUMBER: #FDP130032
APPLICANT: Verizon Wireless
c/o Irene Cooke
Closser Consulting LLC
PO Box 423
Tabernash, CO 80478
OWNER: Dominick’s Finer Foods Inc.
11555 Dublin Canyon Road
Pleasanton, CA 94588
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for approval of a combined Project Development
Plan (PDP) and Final Plan (FP) for construction of new wireless telecommunication roof-top
antennas with screen walls and a ground level equipment shelter. The site is located on the
northwest corner of the intersection of Drake Road and South Taft Hill Road, attached to the
Safeway building. The equipment shelter will be constructed on the back side of the building that
faces Valley Forge Avenue, attached to the building and enclosed with matching brick walls.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Neighborhood Commercial (N-C)
HEARING: The Hearing Officer opened the hearing at approximately 5:00 p.m. on November
13, 2013, in Conference Room A, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: During the hearing, the Hearing Officer accepted the following evidence:
(1) Planning Department Staff Report; and (2) application, plans, maps and other supporting
documents submitted by the applicant (the Land Use Code, the Comprehensive Plan and the
formally promulgated polices of the City are all considered part of the record considered by the
Hearing Officer).
TESTIMONY: The following persons testified at the hearing:
From the City: Noah Beals
From the Applicant: Irene Cooke
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From the Public: N/A
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that the hearing was
properly posted, legal notices mailed and notice published.
2. The PDP/FP complies with all applicable General Development Standards contained in
Article 3 of the Land Use Code.
a. The PDP/FP complies with Section 3.2.1, Landscaping and Tree Protection,
because one tree will be relocated and the other established trees will be preserved, and
new plantings will be included near the equipment shelter to screen the equipment.
b. The PDP/FP complies with Section 3.2.2(8), Access, Circulation and Parking,
because all current access points will be maintained, and parking will not be increased or
decreased.
c. The PDP/FP complies with Section 3.2.4, Site Lighting, because the one light
proposed is a down-directional high pressure sodium light with sharp cut-off luminaries.
d. The PDP/FP complies with Section 3.8.13(A) & (B), Location and Co-location,
because the equipment will be roof-mounted, and the applicant made good-faith attempts
to co-locate with existing facilities in the vicinity without success, and the staff report
reflects this.
e. The PDP/FP complies with Section 3.8.13(C)(1), Setbacks, because it is roof-
mounted.
f. The PDP/FP complies with Section 3.8.13(C)(3), Wireless Telecommunication
Facilities, because the roof-top equipment will be screened, and the screen walls do not
increase the height of the building, and the equipment shelter will be brick, matching the
existing building.
g. The PDP/FP complies with Section 3.8.13(4), Landscaping, because two shrubs
and one tree will be relocated nearby, and new landscaping will be added to provide
additional screening of the equipment shelter.
h. The PDP/FP complies with Section 3.8.13(9), Lighting, because the one light
proposed is a down-directional high pressure sodium light with sharp cut-off luminaries.
i. The PDP/FP complies with Section 3.8.13(10), Interference, because the
equipment will not interfere with other types of electronics or wireless providers.
j. The PDP/FP complies with Section 3.8.13(11), Access Roadways, because the
equipment will not alter existing access.
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k. The PDP/FP complies with Section 3.8.13(15), Stealth Technology, because the
equipment will screened and the enclosure matches the brick on the existing building.
3. The PDP/FP complies with all applicable development standards contained in Article 4 of
the Land Use Code for the N-C zone district.
a. The PDP/FP complies with Section 4.23(A) and (B), Permitted Uses, because
wireless telecommunication equipment is a permitted use in the N-C zone district, subject
to Administrative Review.
b. The PDP/FP complies with Section 4.23(E), Development Standards, because the
proposed facility will be 35' in height, exceeding the minimum height of 20'.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The request PDP/FP is approved as submitted.
DATED this 26
th
day of November, 2013.
_____________________________________
Kendra L. Carberry
Hearing Officer