HomeMy WebLinkAbout2900 S COLLEGE AVE AT&T - FDP220002 - DECISION - HEARING OFFICER DECISION
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CITY OF FORT COLLINS
TYPE 1 ADMINISTRATIVE HEARING
FINDINGS AND DECISION
HEARING DATE: December 15, 2021
PROJECT NAME: 2900 S. College Ave. AT&T – Wireless
Telecommunication Equipment
CASE NUMBER: PDP #210007
APPLICANT: Jacklyn Levine
AT&T, Nexius Solutions
7025 S Fulton Street STE 100
Fort Collins, CO 80112
OWNER: 3842 Mason LLC
3711 John F Kennedy Parkway STE 340
Fort Collins, CO 80525
HEARING OFFICER: Marcus A. McAskin
PROJECT DESCRIPTION: This is a request for a Project Development Plan (“PDP”) to install
wireless telecommunication equipment on an existing three-story multi-tenant brick commercial
building located at 2900 S. College Avenue (the “Subject Property”).
The Subject Property is zoned General Commercial (C-G).
The plan includes a roof-mounted antenna system that is screened from public view by a 10-foot-
tall screen wall that is designed to match the existing building. Specifically, the Applicant proposes
to screen the wireless telecommunication equipment by installing a 10-foot screen wall system that
will be painted and textured to match the existing commercial building on the Subject Property.
BACKGROUND: As set forth in the table included in Section 4.21(B)(2) of the Land Use Code
(“LUC”), wireless telecommunications equipment (not freestanding monopoles) is permitted in the
General Commercial District (C-G), subject to Administrative (Type 1) Review.
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The zoning and land uses for properties in the vicinity of the Subject Property are as follows:
North South East West
Zoning General Commercial General Commercial Low Density
Residential (RL)
General Commercial
Land
Use
Office, retail and
personal/business
services shop
Office Single-family detach
dwellings
Vehicle sales and
leasing establish and
outdoor storage
SUMMARY OF DECISION: Approved.
ZONE DISTRICT: General Commercial (C-G).
HEARING: This matter was heard as one of three virtual hearings conducted on December 15,
2021. Following the conclusion of the hearings on PDP 200016 (Office and Light Industrial) and
MJA 210003 (Poudre Valley Plaza Mixed-Use), the Hearing Officer re-opened the virtual hearing
at approximately 7:50 p.m.
The Hearing Officer reminded those in attendance that the Order of Proceedings were previously
reviewed prior to the commencement of the hearing on the first project heard on the evening of
December 15th (PDP 200016).
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 and Zoning Map.
2. Applicant Project Narrative (5 pages).
3. Site Plan for 2900 S. College Avenue (rooftop project) (9 pages) (including title
sheet, general notes, site plan, roof plan, building elevations, shroud details, and
electrical and utility details).
4. Photo Simulations for 2900 S. College Avenue completed by Tower Engineering
Professionals, Inc. (10 pages).
5. Setback Calculations (2 pages).
6. Round 1 – Staff Comments dated April 20, 2021 (8 pages).
7. Round 2 – Staff Comments dated June 30, 2021 (6 pages).
8. Planning Department Staff Report prepared for 2900 S. College Ave AT&T –
Wireless Telecommunication Equipment (PDP #210007). A copy of the Staff Report
is attached to this decision as ATTACHMENT A and is incorporated herein by
reference.
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9. Copy of Notice of Public Hearing published in the Fort Collins Coloradan on
December 5, 2021.
10. Copy of Written Notice of Public Hearing dated November 24, 2021 (per
Development Review Staff Report the Written Notice of Public Hearing was
distributed to 175 addresses).
11. The PowerPoint presentation prepared by City Staff for the December 15, 2021
hearing.
12. The Applicant’s PowerPoint presentation (slide deck) prepared for the December 15,
2021 hearing.
13. Statement of Compliance with Fort Collins Code (4 pages).
14. Administrative (Type 1) Hearing: Order of Proceedings.
15. Rules of Conduct for Administrative Hearings.
16. The City’s Comprehensive Plan, LUC, and the formally promulgated polices of the
City are all considered part of the record considered by the Hearing Officer.
TESTIMONY: The following persons participated in the virtual hearing:
From the City: Kai Kleer, City Planner
Leslie Spencer, Comm. Dev. Support
Marc Virata, City Engineer
Spencer Smith, City Traffic Operations
From the Applicant/Owner: Elizabeth Walker, Wireless Policy Group, LLC
(Applicant team)
Jaclyn Levine, Applicant
Julius Delacruz, Applicant
Nick Constantine, Applicant
From the Public: None
The public comment portion of the hearing was opened at approximately 8:25 PM and was closed
at approximately 8:26 PM.
The virtual hearing on this matter was closed at approximately 8:27 P.M.
FINDINGS
1. Evidence presented to the Hearing Officer established the fact that notice of the public
hearing was properly posted, mailed and published.
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2. As required by City Council Ordinance 079, Series 2020 (the “City Ordinance”), the
Hearing Officer, in consultation with City staff, determined that it was desirable to conduct
the hearing by remote technology so as to provide reasonably available participation by
parties-in-interest and by the public, consistent with the requirements of the City Ordinance,
because meeting in person would not be prudent for some or all persons due to a public
health emergency.
3. Based on testimony provided at the public hearing and a review of the materials in the record
of this case, the Hearing Officer concludes as follows:
A. the Application complies with the applicable procedural and administrative
requirements of Article 2 of the LUC;
B. the Application complies with the applicable General Development Standards
contained in Article 3 of the LUC. The Hearing Officer specifically finds that the
Application complies with Section 3.8.13 of the LUC as follows:
3.8.13(A)—Location. The Application complies with subsection (A) of
Section 3.18.13 of the LUC because the wireless telecommunication
equipment is proposed to be attached to an existing commercial building
located on the Subject Property that is not a residential building containing
four (4) or fewer dwelling units.
3.18.13(B)—Co-Location. The Application complies with subsection (B) of
Section 3.18.13 of the LUC because AT&T has agreed to not exclude any
other wireless carrier from utilizing the wireless telecommunication
equipment. The Site Plan includes a note (Sheet N-1, General Note #19)
which reads as follows:
NO WIRELESS TELECOMMUNICATION FACILITY OR
EQUIPMENT OWNER OR LESSEE OR EMPLOYEE THEREOF
SHALL ACT TO EXCLUDE ANY OTHER WIRELESS
TELECOMMUNICATION PROVIDER FROM USING THE SAME
BUILDING, STRUCTURE OR LOCATION. WIRELESS
TELECOMMUNICATION FACILITY OR EQUIPMENT OWNERS
OR LESSEES OR EMPLOYEES THEREOF, AND APPLICATIONS
FOR THE APPROVAL OF PLANS FOR THE INSTALLATION OF
SUCH FACILITIES OR EQUIPMENT, SHALL COOPERATE IN
GOOD FAITH TO ACHIEVE CO-LOCATION OF WIRELESS
TELECOMMUNICATIONS AND EQUIPMENT
In addition, the Statement of Compliance with Fort Collins Code (prepared
by the Applicant) includes the following Applicant response on page 1:
“AT&T acknowledges [the requirements set forth in Section 3.8.13(B) of the
LUC] and will not act to exclude any other wireless carrier from utilizing
this location.”
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3.18.13(C)—Standards. The Application either complies with applicable
subsection (C) requirements of Section 3.18.13 of the LUC, or such
subsection standards are not applicable to the Application, as detailed below:
(1) Setbacks. The standard set in Section 3.18.13(C)(1) of the
LUC is not applicable because the wireless telecommunication
equipment proposed is not a freestanding facility or monopole.
(2) Wireless Telecommunication Facilities. The standard set in
Section 3.18.13(C)(2) of the LUC is satisfied because the design
proposes utilizing screen walls that will camouflage the antennas (in
a color to match the existing building as closely as possible)
consistent with the architecture of the commercial building on the
Subject Property, and other architecture in the general vicinity of the
Subject Property.
(3) Wireless Telecommunication Equipment. The standard set in
Section 3.18.13(C)(3) of the LUC is satisfied because the antenna will
not extend over 15 feet over the height of the roof and the
camouflaging screens will match the building in color as closely as
possible. Further, the Applicant has submitted sufficient justification
for why the antennas must be as close to the roof edge as possible due
to service constraints. Further, the Hearing Officer agrees with
Staff’s conclusion that the design of the proposed screen wall
demonstrates a high level of design that is compatible with the
existing commercial building on the Subject Property.
(4) Landscaping. The standard set in Section 3.18.13(C)(4) of
the LUC is not applicable because the wireless telecommunication
equipment proposed is not ground-mounted. No ground-mounted
equipment is proposed.
(5) Fencing. The standard set in Section 3.18.13(C)(5) of the
LUC is not applicable because the Applicant is not proposing fencing
to screen the wireless telecommunication equipment. Fencing is not
proposed.
(6) Berming. The standard set in Section 3.18.13(C)(6) of the
LUC is not applicable because the Applicant is not proposing
berming. Berming is not proposed.
(7) Irrigation. The standard set in Section 3.18.13(C)(7) of the
LUC is not applicable because the Applicant is not proposing
landscaping or berming, and thus no irrigation is required. No
irrigation is proposed.
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(8) Color. The standard set in Section 3.18.13(C)(8) of the LUC
is satisfied because the Applicant is proposing to install screens that
will match the color and texture of the existing commercial building
on the Subject Property.
(9) Lighting. The standard set in Section 3.18.13(C)(9) of the
LUC is satisfied because the Applicant has agreed to comply with
lighting regulations including that the light source for security
lighting will comply with the requirements of Section 3.2.4 of the
LUC.
(10) Interference. The standard set in Section 3.18.13(C)(10) of
the LUC is satisfied because the Applicant has agreed to comply with
FCC licensed frequencies, and the operation of the proposed wireless
telecommunication equipment will not cause interference with other
electronics such as radios, televisions or computers.
(11) Access Roads. The standard set in Section 3.18.13(C)(11) of
the LUC is not applicable because no new access roads are being
proposed as part of the Application.
(12) Foothills and Hogbacks. The standard set in Section
3.18.13(C)(12) of the LUC is not applicable because the wireless
telecommunication equipment proposed is not located in or near the
foothills or hogbacks.
(13) Airports and Flight Paths. The standard set in Section
3.18.13(C)(13) of the LUC is or will be satisfied because the
Applicant has agreed to obtain all required FAA clearances or obtain
a no-hazard letter from the FAA.
(14) Historic Sites and Structures. The standard set in Section
3.18.13(C)(14) of the LUC is not applicable because the existing
commercial building on the Subject Property (on which wireless
telecommunication equipment is proposed to be attached) is not
historic.
(15) Stealth Technology. The standard set in Section
3.18.14(C)(15) of the LUC is satisfied because the Applicant
proposes stealth technology and has incorporated same into design
elements shown in the Site Plan and Photo Simulations reviewed as
part of the record of this hearing.
3.18.13(D)—Subsection (D) of Section 3.18.13 of the LUC does not apply,
as the Applicant is not seeking to install a small-cell facility.
C. The proposed wireless telecommunication equipment is a permitted use subject to
Type 1 review and hearing in the General Commercial (C-G) Zone District in Article
4 – Districts, Division 4.21 of the LUC.
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4. The Application’s satisfaction of the applicable Article 2, 3 and 4 requirements of the LUC
is sufficiently detailed in the Staff Report, a copy of which is attached to this written decision
as ATTACHMENT A and is incorporated herein by reference.
DECISION
Based on the findings set forth above, the Hearing Officer approves the 2900 S. College Ave
AT&T – Wireless Telecommunication Equipment project (PDP #210007).
DATED this 29th day of December, 2021.
___________________________________
Marcus A. McAskin
Hearing Officer
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ATTACHMENT A
Staff Report
2900 S. College Avenue - Wireless Telecommunications Equipment
(PDP#210007)
Development Review Staff Report
Planning Services Fort Collins, Colorado 80521 p. 970-416-4311 f. 970.224.6134 www.fcgov.com
Administrative Hearing: December 15, 2021
2900 S College Ave AT&T – Wireless Telecommunication Equipment, PDP210007
Summary of Request
This is a request for a Project Development Plan (PDP) to install
wireless telecommunication equipment on an existing commercial
building at 2900 S College Avenue. The plan includes a roof-
mounted antenna system that is screened from public view by a 10-
foot tall screen wall that is designed to match the existing building.
Zoning Map
Next Steps
If approved by the Hearing Officer, the applicant will be eligible to
proceed to filing of final plans and then to a building permit.
Site Location
2900 S College Avenue., approximately 500
feet northeast of the S College Avenue and
Swallow Rd intersection. Parcel #9725267003.
Zoning
General Commercial (C-G)
Owner
3842 Mason LLC
3711 John F Kennedy Parkway STE 340
Fort Collins, CO 80525
Applicant/Representative
Jacklyn Levine
AT&T, Nexius Solutions
7025 S Fulton Street STE 100
Fort Collins, CO 80112
Staff
Kai Kleer, City Planner
p. (970) 416-4284 e. kkleer@fcgov.com
Contents
1. Project Introduction .................................... 2
2. Article 2 Procedural Requirements ............ 2
3. Article 3 - Applicable Standards ................. 3
4. Article 4 – Applicable Standard .................. 4
5. Findings of Fact/Conclusion ...................... 4
6. Recommendation ....................................... 4
7. Attachments ............................................... 4
Staff Recommendation
Approval of the PDP.
C-G RL
MMN
Site
Administrative Hearing
2900 S College Ave AT&T | PDP210007
Wednesday, December 15, 2021 | Page 2 of 4
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1. Project Introduction
PROJECT DESCRIPTION
• The plan proposes to install rooftop wireless telecommunication equipment on the 3-story multi-tenant brick
commercial building at 2900 S College Avenue.
• All associated equipment will be located within the roof area of the building. No impacts to existing site
improvements are proposed.
• The equipment is proposed to be screened by a 10-foot screen wall system that will be painted and textured
to match the existing building.
SITE CHARACTERISTICS
1. Surrounding Zoning and Land Use
North South East West
Zoning General Commercial General Commercial Low Density Residential
(RL)
General Commercial
Land
Use
Office, retail and
personal/business services
shop
Office Single-family detached
dwellings
Vehicle sales and
leasing
establishment with
outdoor storage
OVERVIEW OF MAIN CONSIDERATIONS IN STAFF’S REVIEW
Appearance. The fundamental consideration has been the visual impact on the existing character of the building.
The goal of the screen wall design was to integrate the structure so that it appears to have been part of the original
design of the building.
The proposal reflects multiple rounds of staff review, offline conversations, and design iterations to create a rooftop
installation that balances the bulk, mass and scale of the screen wall, preserves the architectural character of the
building, and meets the AT&T’s needs for network operation.
2. Article 2 Procedural Requirements
PROJECT DEVELOPMENT PLAN PROCEDURAL OVERVIEW
1. Conceptual Review – CDR190036
A conceptual review meeting was held on May 19, 2019
2. Neighborhood Meeting
A neighborhood meeting was not required, nor held, for this Type 1 review process.
3. Submittal
The project was previously submitted on July 10, 2019, but did not proceed to a decision and expired on
5/27/2020. The project was then resubmitted by another consultant under a new PDP on March 31, 2021.
4. Notice (Posted, Written and Published)
Posted notice: April 12, 2021, Sign #507
Written notice: December 1, 2021, 175 letters sent.
Published Notice: December 6, 2021.
Administrative Hearing
2900 S College Ave AT&T | PDP210007
Wednesday, December 15, 2021 | Page 3 of 4
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3. Article 3 - Applicable Standards
Because the plan involves wireless equipment on an existing fully developed property, the only applicable development
standards in Land Use Code are those in Section 3.8.13 as reviewed below.
SECTION 3.8.13 – WIRELESS TELECOMMUNICATION
Applicable Code
Standard
Summary of Code Requirement and Analysis Staff
Findings
Co-location
3.8.13(B)
This standard requires that a facility or owner or lessee must not attempt to exclude
any other wireless telecommunication provider from using the same structure or
location. Applicants shall cooperate in good faith to achieve co-location of wireless
telecommunication facilities and equipment.
Any application for the approval of a plan for the installation of wireless
telecommunication facilities or equipment shall include documentation of the
applicant's good faith efforts toward such cooperation.
• The plan includes note on the site plan that the owner or lessee will not
attempt to exclude any other wireless providers from the site and can be
found on Sheet N-1, General Notes, #19.
Complies
3.8.13(C)(3) – Wireless
Telecommunication
Equipment
This standard requires the following:
• That wireless telecommunication equipment shall be of the same color as
the building or structure to which or on which such equipment is mounted.
• Whenever equipment is attached to a building roof, the height of the
antenna shall not be more than fifteen (15) feet over the height of the
building.
• All wireless telecommunication equipment shall be located as far from the
edge of the roof as possible. Even if the building is constructed at or above
the building height limitations contained in Section 3.8.17, the additional
fifteen (15) feet is permissible.
• Roof and ground-mounted wireless telecommunication equipment shall be
screened by parapet walls or screen walls in a manner compatible with the
building's design, color and material.
The PDP proposes a 10 foot screen wall that is a balances bulk mass and scale of
the screen wall system when compared to the building’s architectural character. The
project proposes a fiberglass screen wall system that will be textured and colored to
match the brick of the building. Further, the screen wall design includes brick
coursing texture that matches the existing building and demonstrates a high level of
design that is compatible with existing structure.
Complies
3.8.13(C)(4) –
Landscaping
No ground mounted equipment is proposed. N/A
3.8.13(C)(5) – Fencing Fencing is not proposed. N/A
3.8.13(C)(6) – Berming Berming is not proposed. N/A
3.8.13(C)(7) – Irrigation The existing site is already developed and irrigated. This project does not propose
landscaping nor irrigation and improvements are solely contained within the roof area
of the existing building.
N/A
Administrative Hearing
2900 S College Ave AT&T | PDP210007
Wednesday, December 15, 2021 | Page 4 of 4
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3.8.13(C)(8) – Color All wireless telecommunication facilities and equipment 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 equipment will be screened with a screen wall system that is painted and
textured to match the brick of the existing building.
Complies
3.8.13(C)(9) – Lighting The light source for security lighting shall comply with the requirements of Section
3.2.4. Light fixtures, whether freestanding or tower-mounted, shall not exceed twenty-
two (22) feet in height.
The project only proposes emergency lighting for the rooftop equipment cabinet. This
lighting will only be used during the service of equipment.
Complies
4. Article 4 – Applicable Standard
Article 4 of the Land Use Code contains standards for the various zoning districts throughout the city. The subject lot
is zoned General Commercial (C-G) Division 4.21 of the Land Use Code.
The proposed wireless telecommunication equipment is permitted subject to review by a Hearing Officer at a public
hearing (Type 1 review). No other zone district standards pertain to the project.
5. Findings of Fact/Conclusion
In evaluating the request for the 2900 S College Ave – Wireless Telecommunication Equipment #PDP210007, staff
makes the following findings of fact:
1. The PDP complies with process requirements located in Division 2.2 – Common Development Review Procedures for
Development Applications of Article 2 – Administration.
2. The PDP complies with pertinent standards located in Article 3 – General Development Standards.
3. The proposed Wireless Telecommunication Equipment is a permitted use subject to Type 1 review and hearing in the
General Commercial Zone District in Article 4 – Districts.
6. Recommendation
Staff recommends that the Hearing Officer approve the 2900 S College Ave AT&T – Wireless Telecommunication
Equipment, Project Development Plan #PDP210007 on the Findings of Fact and supporting explanations found in the
staff report.
7. Attachments
1. Vicinity Map
2. Project Narrative
3. Site Plan
4. Photo Simulations
5. Setback Calculation
6. Round 1 – Staff Comments
7. Round 2 – Staff Comments