HomeMy WebLinkAboutVERIZON WIRELESS, 3003 E. HARMONY RD. - PDP/FDP - FDP150014 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
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Q:\USERS\FORT COLLINS LAND USE\VERIZON WIRELESS - 3003 E. HARMONY\DECISION.DOC
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: May 20, 2015
PROJECT NAME: Verizon Wireless, 3003 East Harmony Road
CASE NUMBER: FDP150014
APPLICANT: Verizon Wireless
c/o Irene Cooke, Closser Consulting LLC
P.O. Box 423
Tabernash, CO 80478
OWNER: Flats at the Oval LLC
358 Precision Drive Suite 100
Fort Collins, CO 80528
HEARING OFFICER: Kendra L. Carberry
PROJECT DESCRIPTION: This is a request for approval of a combined Project
Development Plan and Final Plan (FDP) for construction of new wireless telecommunication
antennae to be mounted on 3 sides of an existing building, with an equipment room inside the
building. The site is located on the south side of Harmony Road east of the intersection of
Harmony Road and Ziegler Road.
SUMMARY OF DECISION: Approved
ZONE DISTRICT: Harmony Corridor District (H-C)
HEARING: The Hearing Officer opened the hearing at approximately 5:55 p.m. on May 20,
2015, 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; (2) application, plans, maps and other supporting
documents submitted by the applicant (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
From the Public: N/A
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Q:\USERS\FORT COLLINS LAND USE\VERIZON WIRELESS - 3003 E. HARMONY\DECISION.DOC
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 FDP complies with the applicable General Development Standards contained in
Article 3 of the Code.
a. The FDP complies with Section 3.2.1, Landscaping and Tree Protection, because
the 4 current ornamental grasses will be relocated several feet south.
b. The FDP complies with Section 3.2.2, Access, Circulation and Parking, because it
does not change any access, circulation or parking.
c. The FDP complies with Section 3.2.4, Site Lighting, because it does not change the
existing site lighting.
d. The FDP complies with Section 3.8.13(A), (B), Wireless Telecommunication –
Location and Co-location, because the FDP includes 6 antennae on 3 sides of a non-
residential building, and nothing prevents other providers from co-locating.
e. The FDP complies with Section 3.8.13(C), Wireless Telecommunication –
Standards, because: the setbacks are not decreased; the antennae will be painted to match
the building wall; only 4 ornamental plantings will be disturbed; fencing and berming are
not proposed; landscaping will be irrigated through the existing irrigation system; there are
no changes to the existing lighting; the proposed facility will not interfere with other types
of electronics or wireless providers; the property access will not change; the site is not in
or near the foothills; the equipment is not located near an airport and will not hinder any
flight paths; the structure is not historic nor is the site located in an historic district; the
wall-mounted antennae will be installed as flush as possible with the wall; the antennae
will be painted to match the building; and the antennae do not extend above the roof line.
3. The FDP complies with the applicable standards contained in Article 4 of the Code for the
Harmony Corridor (H-C) zone district. Specifically, the FDP complies with Section 4.26(B),
Permitted Uses, because wireless telecommunication equipment is a permitted use in the H-C
zone district.
DECISION
Based on the foregoing findings, the Hearing Officer hereby enters the following rulings:
1. The FDP is approved as submitted.
DATED this 3rd day of June, 2015.
_____________________________________
Kendra L. Carberry, Hearing Officer