HomeMy WebLinkAboutALTA VISTA WTF (903 BUCKINGHAM ST.) - PDP - PDP160004 - DECISION - FINDINGS, CONCLUSIONS & DECISION1
CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: August 10, 2016
PROJECT NAME: Alta Vista Wireless Telecommunications Facility
CASE NUMBER: PDP #160004
APPLICANT: Caleb Crossland
Atlas Tower Companies
4450 Arapahoe Ave., Suite 100
Boulder, CO 80303
OWNER: Colorado Iron and Metal, Inc.
903 Buckingham St.
Fort Collins, CO 80524
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is an application filed by Atlas Tower Companies (“Applicant”)
for a Project Development Plan to build a telecommunications tower housed within a 2,000 sq. ft.
wireless facility on a portion of the property located at 903 Buckingham Street (the “Subject
Property”). The proposed tower and facility is proposed to be used for structural support of up to
three wireless providers. The Subject Property is located in the Industrial District (I) and is owned
of record by Colorado Iron and Metal, Inc. City Staff is recommending approval of the Application.
As set forth in Section 4.28(B)(2)(e)(3) and (4) of the Land Use Code (“LUC” or “Code”), wireless
telecommunications equipment and wireless telecommunications facilities are permitted in the
Industrial District (I), subject to administrative review.
Division 5.1 of the LUC defines “wireless telecommunication equipment” as “any 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.”
“Wireless telecommunication facility” is defined in the LUC as “any freestanding facility, building,
pole, tower or structure used to provide only wireless telecommunication services, and which
consists of, without limitation, antennae, equipment and storage and other accessory structures used
to provide wireless telecommunication services.”
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BACKGROUND: The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Industrial (I) Brewery, institutional
South Industrial (I) Brewery, storage, light industrial
East Industrial (I) Warehouse, vacant
West Industrial (I), Low Density Residential
(RL)
Vacant, single-family detached
residential
SUMMARY OF DECISION: Denied.
ZONE DISTRICT: Industrial Zone District (I)
HEARING: The Hearing Officer opened the hearing on Wednesday, August 10, 2016, in
Conference Rooms A-D, 281 North College Avenue, Fort Collins, Colorado.
EVIDENCE: Prior to or at the hearing, the Hearing Officer accepted the following documents as
part of the record of this proceeding:
1. Project Vicinity Map.
2. Planning Department Staff Report prepared for Alta Vista Wireless
Telecommunications Facility (PDP #160004). A copy of the Staff Report is attached
to this decision as ATTACHMENT A and is incorporated herein by reference.
3. Alta Vista Wireless Telecommunications Facility Planning Document Set (including
site plan and elevations).
4. PowerPoint presentation prepared by City Staff for the August 10, 2016 public
hearing.
5. PowerPoint presentation prepared by the Applicant for the public hearing (including
photo simulations).
6. Affidavit of Publication dated August 4, 2016, evidencing proof of publication of
Notice of Hearing in the Fort Collins Coloradan on August 4, 2016.
7. Notice of Public Hearing dated July 27, 2016.
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8. Letter dated August 10, 2016 from Wynne Odell (Odell Brewing Co.).
9. The City’s Comprehensive Plan, Code, 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: Clay Frickey, AICP, City Planner
From the Applicant: Caleb Crossland
4450 Arapahoe Ave.
Suite 100
Boulder, CO 80303
From the Owner: Colorado Iron and Metal Inc.
903 Buckingham St.
Fort Collins, CO 80524
From the Public: Lisa Lee, 500 9th
Street, Fort Collins
Kent Garvin, 7211 Housmer Road, Fort Collins
John Lee, 500 9th
Street, Fort Collins
Cindy McCrey, 825 Country Club, Fort Collins
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
2. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes that the Application does not comply with the
applicable General Development Standards contained in Article 3 of the Land Use Code, as
set forth below.
3. The Application does not comply with Section 3.8.13(C)(2) of the Land Use Code which
requires, in relevant part, that “wireless telecommunications 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”
and “[s]uch facilities shall also be compatible with the surrounding natural environment
considering land forms, topography, and other natural features.” Based on the testimony
provided at the hearing and a review of the materials in the record, the Hearing Officer
concludes that the proposed telecommunications facility is not consistent with the existing
(or planned) architectural style of the surrounding architectural environment and further
finds that the proposed facility is not compatible with the surrounding natural environment.
Photo simulations of the proposed telecommunications facility included in Applicant’s
presentation are attached hereto as ATTACHMENT B and incorporated by reference. In
Section 2.B. on page 4 of the Staff Report attached as ATTACHMENT A analyzing the
Application’s compliance with Section 3.8.13(C)(2) of the Code, Staff notes that “[w]hile
the proposed tower will dwarf the other silos nearby, the proposed tower will have a
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significant setback from the right-of-way.” The letter submitted by Wynne Odell dated
August 10th
notes that “80 feet is significantly taller than any structure in the immediate
region”, “the largest tanks on our site are about 40 feet tall” and “. . . the tallest portion of
Odell Brewing Company’s structure is our grain handling tower which has a height of about
50 feet.”
4. The Hearing Officer agrees with Staff’s finding that the proposed tower will dwarf the other
grain (or other) silos in the vicinity of the Subject Property, but disagrees that the setback
from the right-of-way will sufficiently mitigate this issue. Based on the images attached as
ATTACHMENT B, the letter dated August 10th
from Wynne Odell, and the testimony
provided at the hearing, the Hearing Officer finds and concludes that the proposed tower
will not be consistent with the architectural style of the surrounding architectural
environment.
5. The Application does not comply with Section 3.8.13(C)(15) of the Land Use Code which
requires, to the extent reasonably feasible, that the Applicant employ stealth technology to
convert the wireless telecommunication facility into wireless telecommunication equipment,
as the best method by which to mitigate and/or camouflage visual impacts. As set forth
above, Division 5.1 of the Code defines “wireless telecommunications equipment” as “any
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”
(emphasis added). The Land Use Code contains a strong preference for mitigating or
camouflaging visual impacts through affixing or mounting the telecommunications facilities
on an existing building or structure used for another purpose. Here, the Applicant is
proposing a “mimic” silo that is inconsistent with the architectural style of the immediate
vicinity. The Hearing Officer finds that the Applicant has provided insufficient evidence to
support a finding that there are no existing structures or buildings in the vicinity of the
Subject Property that would better serve as a potential location for the proposed
telecommunications facility, thereby converting the same to wireless telecommunications
equipment as defined in the Code and better achieving the City’s preferred methodology for
utilizing stealth technology. The Hearing Officer also specifically finds that the proposed
eighty foot (80’) “mimic” silo does not have a contextual relationship to the Subject Property
or the immediately adjacent area.
6. The Hearing Officer concludes that the proposed facility may potentially be located on a
better site (including utilizing an existing building or structure in the vicinity of the Subject
Property); may be designed at a lower overall height that may improve the proposed
facility’s contextual relationship to the Subject Property or consistency with the architectural
style of the surrounding architectural environment; and that the proposed facility may be
better camouflaged.
7. The Hearing Officer urges the Applicant to continue to work with Staff on identifying a
potential new site for the telecommunications tower, or working to improve the overall
design of the tower to better achieve all applicable standards set forth in Section 3.8.13(C)
of the LUC.
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DECISION
Based on the findings set forth above, the Hearing Officer hereby enters the following ruling:
A. The Alta Vista Wireless Telecommunications Facility (PDP #160004) is denied.
DATED this 18th
day of August, 2016.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
Alta Vista Wireless Telecommunications Facility
(PDP# 160004)
ITEM NO 2
MEETING DATE Aug. 10, 2016
STAFF Clay Frickey
ADMINISTRATIVE HEARING OFFICER
Planning Services 281 N College Ave – PO Box 580 – Fort Collins, CO 80522-0580
fcgov.com/developmentreview/ 970.221.6750
STAFF REPORT
PROJECT: Alta Vista Wireless Telecommunications Facility,
PDP160004
APPLICANT: Caleb Crossland
4450 Arapahoe Ave.
Suite 100
Boulder, CO 80303
OWNERS: Colorado Iron and Metal, Inc.
903 Buckingham St.
Fort Collins, CO 80524
PROJECT DESCRIPTION:
This is a request for a Project Development Plan to build a telecommunications tower
housed within a 2,000 sq. ft. wireless facility. This facility will provide critical wireless
coverage to the surrounding area. This is a developing industrial and residential area
where coverage is reaching its capacity limits and there is a growing need for advanced
quality voice and data services. 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 Industrial (I) zone district.
RECOMMENDATION: Staff recommends approval of the Alta Vista Wireless
Telecommunications Facility, PDP160004.
EXECUTIVE SUMMARY:
Staff finds the proposed Alta Vista Wireless Telecommunications Facility Project
Development Plan complies with the applicable requirements of the City of Fort Collins
Land Use Code (LUC), more specifically:
The Project Development Plan/Final Plan complies with the process located in
Division 2.2 – Common Development Review Procedures for Development
Applications of Article 2 – Administration.
Staff Report – Alta Vista Wireless Telecommunications Facility – PDP160004
Administrative Hearing 08-10-16
Page 2
The Project Development Plan/Final Plan complies with relevant standards of
Article 3 – General Development Standards.
The Project Development Plan/Final Plan complies with relevant standards
located in Division 4.28, Industrial (I) of Article 4 – Districts.
COMMENTS:
1. Background
The property was annexed into the City as part of the Northeast Consolidated
Annexation in June, 1974. The land sat vacant until 1998 when Vanworks built a
warehouse on the site. In 2008, Colorado Iron and Metal moved their operation to 903
Buckingham. Colorado Iron and Metal filed for a replat in 2012 to obtain the parcel to
the west. A hearing officer approved this replat in 2012. Following the replat, Colorado
Iron and Metal submitted the Colorado Iron and Metal Second Filing to expand their
operation onto the newly acquired parcel. Colorado Iron and Metal Second Filing was
approved in 2013 with the final documents recorded with the City on August 5, 2013.
Since recording their final documents, Colorado Iron and Metal has yet to install any of
the necessary public infrastructure to obtain vesting for their development. At the time
of writing this staff report, Colorado Iron and Metal has not filed for an extension nor
shown progress in an attempt to fulfill their obligations per the approval of the Colorado
Iron and Metal Second Filing.
The surrounding zoning and land uses are as follows:
Direction Zone District Existing Land Uses
North Industrial (I) Brewery, institutional
South Industrial (I) Brewery, storage, light industrial
East Industrial (I) Warehouse, vacant
West Industrial (I), Low Density Residential
(RL) Vacant, single-family detached residential
A zoning and site vicinity map is presented on the following page.
Staff Report – Alta Vista Wireless Telecommunications Facility – PDP160004
Administrative Hearing 08-10-16
Page 3
Figure 1: Alta Vista Wireless Telecommunications Facility Zoning & Site Vicinity
Map
Staff Report – Alta Vista Wireless Telecommunications Facility – PDP160004
Administrative Hearing 08-10-16
Page 4
2. 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 3.8.13(C)(1) – Setbacks
For wireless towers, the setback of the facility from the property line shall
be 1 foot for every foot of height unless it can be demonstrated the
structure will collapse rather than topple. The proposed tower is designed
to collapse rather than topple, which exempts the tower from this
standard.
B. Section 3.8.13(C)(2) – Wireless Telecommunications Facilities
Wireless telecommunications facilities should be consistent with the
architectural character of the surrounding environment. If the wireless
telecommunications facility is an accessory use, the facility should be
constructed out of materials equal to or better than the materials of the
principal use. Since this facility will be located on the Colorado Iron and
Metal site, this will be considered an accessory use. Colorado Iron and
Metal is housed in a tan colored building constructed out of metal. The
building features a synthetic stone wainscot with a subtly pitched, metal
roof. The proposed wireless tower will be an 80’ tall silo built out of a
fiberglass material. The silo will be an off-white color to blend in with the
buildings and other silos present in the surrounding area. The proposed
tower will be similar in color and materials to other grain silos in the area.
At 80’ tall, this tower will be the tallest structure in the immediate vicinity.
Other silos in the vicinity are 40-50’ tall. While the proposed tower will
dwarf the other silos nearby, the proposed tower will have a significant
setback from the right-of-way. The tower will be over 500’ from the closest
right-of-way. Since the tower is so far on the interior of the site, the visual
impact of the tower will be minimized.
C. Section 3.8.13(C)(3) – Wireless Telecommunications Equipment
Wireless telecommunications equipment should be the same color as the
tower, be mounted as flush as possible, and not exceed the height of the
structure it is mounted to by 15’. Ground equipment should also be
Staff Report – Alta Vista Wireless Telecommunications Facility – PDP160004
Administrative Hearing 08-10-16
Page 5
screened in a manner compatible with the building’s design, color, and
material. All of the antennae for this tower will be housed inside the
fiberglass silo so they will be completely screened and will not exceed the
height of the tower. The ground equipment will be screened by a wood
fence.
D. Section 3.8.13(C)(4) – Landscaping
In certain instances, ground equipment must be screened through
landscaping if no other screening method is employed. For this tower, the
site plan shows a wood fence that will provide screening for the ground
equipment. As such, this proposal is exempt from this standard.
E. Section 3.8.13(C)(5) – Fencing
When fences are used for screening, the fence should be built of wood,
masonry, stucco, or other acceptable, opaque materials. The fence
should be no taller than 6’. The proposed fence will be built from wood
and will not be taller than 6’
F. Section 3.8.13(C)(8) – Color
All wireless telecommunications facilities shall be painted to match as
closely as possible the surrounding built environment. The proposed color
of the tower is an off-white tone, which will blend in with the existing
Colorado Iron and Metal site as well as the silos used by O’Dell Brewing
and New Belgium.
G. Section 3.8.13(C)(15) – Stealth Technology
All wireless facilities must employ stealth technology to mitigate the visual
impact of the tower. In this case, the applicant chose to build a structure
that mimics a grain silo used at one of the nearby breweries.
Staff Report – Alta Vista Wireless Telecommunications Facility – PDP160004
Administrative Hearing 08-10-16
Page 6
3. Compliance with Article 4 of the Land Use Code – Division 4.28, Industrial
(I)
The project complies with all applicable Article 4 standards as follows:
A. Section 4.28(B)(1)(a) – Permitted Uses
The proposed use, wireless telecommunications facility, is permitted in the
I zone district and is consistent with the district’s intent to accommodate
uses that are complementary and support work places such as
manufacturing, warehousing, and distributing.
5. Findings of Fact/Conclusion:
In evaluating the request for Alta Vista Wireless Telecommunications Facility
Project Development Plan, Staff makes the following findings of fact:
A. The Project Development Plan/Final Plan complies with process located in
Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
B. The Project Development Plan/Final Plan complies with relevant
standards of Article 3 – General Development Standards.
C. The Project Development Plan/Final Plan complies with relevant
standards located in Division 4.28, Industrial (I) of Article 4 – Districts.
RECOMMENDATION:
Staff recommends approval of Alta Vista Wireless Telecommunications Facility,
PDP160004.
ATTACHMENTS:
1. Zoning & Site Vicinity Map
2. Alta Vista Wireless Telecommunications Facility Planning Document Set
(including site plan, elevations, and photo simulations)
ATTACHMENT B
Alta Vista Wireless Telecommunications Facility
(PDP# 160004)
(Views of Proposed Facility from North, South, West and East)