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Home My WebLink AboutCENTURY WITH ADDITION OF PERMITTED USE - PDP - PDP170017 - REPORTS - RECOMMENDATION/REPORT W/ATTACHMENTS� �� i � . .,Fort Coll�ns �� • MEETING DATE STAFF Mav 17, 2018 Clav Frickey PLANNING & ZONING BOARD PROJECT: APPLICANT: OWNERS: Century Wireless Telecommunications Facility and Addition of Permitted Use, PDP170017 Caleb Crossland 4450 Arapahoe Ave. Suite 100 Boulder, CO 80303 Southside Baptist Church 620 W Horsetooth Rd. Fort Collins, CO 80526 PROJECT DESCRIPTION: This is a request for a Project Development Plan to build a telecommunications tower housed within a 1,600 sq. ft. wireless facility. This facility will house wireless telecommunications equipment to provide wireless service to the surrounding area. The proposed tower would be 55 feet tall and disguised as a bell tower. 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 Residential (RL) zone district and, as such, is subject to review and approval by City Council. Wireless telecommunications facility is not an allowed use in the RL zone. The applicant is seeking an Addition of Permitted Use (APU) to allow a wireless telecommunications facility on this parcel. RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend that City Council approve the Century Wireless Telecommunications Facility and Addition of Permitted Use, PDP170017. EXECUTIVE SUMMARY: Staff finds the proposed Century Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan complies with the applicable requirements of the City of Fort Collins Land Use Code (LUC), more specifically: • The Project Development Plan complies with the process and standards located in Division 1.3.4 — Addition of Permitted Uses of Article 1— General Provisions. Planning Services 281 N College Ave — PO Box 580 — Fort Collins, CO 80522-0580 fcgov.com/developmentreview/ 970.221.6750 • s Staff Report — Century Wireless Telecommunications Facility and Addition of Permitted Us� — PDP170017 Planning & Zoning Board Hearing 05-17-2018 Page 2 The Project Development — Common Development Article 2 — Administration. COMMENTS: Plan complies with the process located in Division 2.2 Review Procedures for Development Applications of Backqround The property annexed into the City as part of the Horsetooth South Mesa Annex on March 18, 1977. Shortly after annexation in 1978, a church built the current building. In 1992, Southside Baptist Church platted the lot as part of the Southside Baptist Church Minor Subdivision. The surrounding zoning and land uses are as follows: Direction Zone District Existing Land Uses North Low Densit Residential RL Sin le-famil detached residential South Low Density Residential (RL) Duplexes, single-family detached residential East Low Density Residential (RL) Single-family detached residential West Low Density Residential (RL) Single-family detached residential 2. Compliance with Article 1 of the Land Use Code — General Provisions The proposed use, wireless telecommunications facility, is not allowed in the RL zone. �For proposals where a use is not allowed in the zone district but is allowed elsewhere in the City, an applicant may apply for an Addition of Permitted Use (APU). An APU will allow the proposed use on this parcel only. In order to grant an APU, the proposal must meet a set of criteria outlined in Section 1.3.4(C)(1) of the Land Use Code. The project complies with these criteria as follows: A. Section 1.3.4(C)(1)(a) - Such use is appropriate in the zone district to which it is added Wireless telecommunications equipment is a use allowed in all zones. Wireless telecommunications equipment is defined as, "... 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," per the definitions found in Article 5 of the Land Use Code. What this implies is that equipment that facilitates improved wireless connectivity is allowed citywide. The difference between wireless telecommunications equipment and a facility is that the facility is a i • Staft Repori - Century Wireless Teiecornrnunicat��r::ns Fa�ility and A.dr��tion ��f �'c-rr�ir�teC l;�se - PDP170017 Plannlnc� & 7_�n:c� Bnarr� H��arin., . _-1�-?�'� �age � _ freestanding structure for the sole purpose of providing wireless connectivity. The difference between the two uses is design, not function. As such, the proposed use is appropriate in the RL zone. B. Section 1.3.4 (C)(1)(b) - Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added Per section 4.4(A) of the Land Use Code, the purpose of the RL zone is, "...for predominately single-family residential areas located throughout the City which were existing at the time of adoption of this Code." As established in the previous section, wireless telecommunications equipment is an allowed use in the RL zone. This means uses allowing for improved wireless connectivity are not inherently in conflict with the other uses allowed in the zone. The purpose statement of the zone district indicates that it encompasses predominately single-family residential areas developed prior to City Plan and the Land Use Code. Since wireless telecommunications uses are accessory to principle uses and provide a needed service for residents of a neighborhood, a wireless telecommunications facility conforms to the basic characteristics of the RL zone so long as the facility is designed in harmony with the existing neighborhoods surrounding the site. C. Section 1.3.4(C)(1)(c) - The location, size and design of such use is compatible with and has minimal negative impact on the use of nearby properties The applicant proposes this facility in this location due to the need for cell phone coverage in this portion of the city. Per the propagation maps supplied by the applicant, cell phone coverage is poor in this area of Fort Collins. Two websites dedicated to providing crowd sourced cell coverage maps, Open Signal and Sensorly, back up this claim (attachment 4). The Wireless Telecommunications Act of 1996 requires municipalities to permit cell towers. Municipalities may determine where in the community these towers are located but may not de facto ban cell towers through zoning (attachment 5). Atlas Towers submitted a narrative describing their attempts to locate on parcels with more appropriate zoning to fill the coverage gap in this area. Atlas identified 19 areas in which to secure a lease within their search ring. Most of the properties in the applicant's search ring have RL, Urban Estate (UE), Low Density Mixed-Use Neighborhood (LMN), or Medium Density Mixed-Use Neighborhood (MMN) zoning. None of these zone districts allows wireless telecommunications facilities. Seven parcels within the search ring have Neighborhood Commercial (NC) zoning, which does allow wireless • • S'.aff Report — Century Wireless Telecommunications Facility and Add�tion of Perrri�ited Use — 4'DP170017 Planning & Zoning Board Hearing 05-17-2018 Page 4 telecommunications facilities. Atlas Tower described their attempts in securing a lease on these NC-zoned properties in their project narrative. There is also only one co-location possibility in this area. Crown Castle owns a tower located at the southeast corner of Horsetooth Road and Shields Street. This tower does not have capacity for an additional carrier. Given the remaining parcels in the search ring, only two are located on large lots that could accommodate a wireless telecommunications facility: Southside Baptist Church and the LMN parcel owned by Jack Worthington. The Worthingtons were not interested in a lease. This leaves the Southside Baptist Church as the only appropriately-sized property willing to accommodate a cell tower lease in this area. Staff finds Atlas made a bona fide attempt to secure a lease with properties located in the NC zone and could not secure a lease. Land Use Code Section 3.8.13(C)(2) and 3.8.13(C)(15) require wireless telecommunications facilities to fit into the context surrounding the site and to also use stealth technology to hide the facility to the extent reasonably feasible. Southside Baptist Church is a single-story building with a steeple on the east end of the building. The building is 20-feet tall at its highest point excluding the steeple. The steeple is approximately 20-feet tall, rising to 40 feet. Section 3.8.13(C)(15) indicates bell towers are an appropriate method of meeting the stealth technology requirement. Per the APU criteria, the method of stealth technology must also harmonize with the surrounding context. The context around the church is one of an established residential area. Subdivisions predominated by single-family . detached homes surround the church on all sides. Most structures in the vicinity are one-story with some two-story apartment, condominium, and commercial buildings east and west of the site. These structures are all modestly scaled and fit the predominantly residential character of the area. Atlas Tower proposes to locate the bell tower immediately adjacent to the church on the east side. This location is near the center of the site along the east-west axis and towards the south end of the site. Horsetooth Road runs along the south property line of the site. By locating the tower in the southern half of the site, the proposed tower has less of an impact on homes abutting the site on the north. A central location on the east-west axis minimizes impacts on properties abutting the site on the east and west. Staff finds the location of the proposed tower on the site is appropriate and minimally impacts neighboring properties. Church buildings are commonly amongst the tallest and largest structures within neighborhoods. Bell towers and steeples often accompany church � • �`i3ff �@pOCt — C.@IltUl')/ WI'":'�t?SS T@�@COIllf7lUtlk �til��l?> i c,�i'I?y =tt1'1 .alilii'I��(, C;f �� 't.t�i�=?G �1�,'� PDP170017 Pfar�irq A� Zo�ir,g �oa-d H-ar'rg 0�-17-201� F=�a�� structures and add to their height. The table below contains the height of various churches located in residential zones throughout the City along with the heights of their associated steeples or bell towers. Name of Church Address 2one District Buildin Hei ht Faith Church 3920 S Shields MMN 48' (85' including St. cross Calvary Baptist 2420 Laporte LMN 32' (78'-6" to top Ave. of steeple, 50' bell tower Westminster 1709 W RL 13'-8" (approx. Presbyterian Elizabeth St. 40' to top of stee le First United 1005 Stover St. Neighborhood 47' (62' to top of Methodist Conservation — bell tower roof, Low Density 81' to top of NCL cross The Bridge 833 S Taft Hill MMN Approx.. 30' Church Rd. (approx. 60' to to of stee le Southside 620 W RL 20' (55' bell Ba tist Horsetooth Rd. tower The size and scale of the churches noted in the table vary but generally have bell towers or steeples of a similar height to the bell tower proposed at Southside Baptist Church. Southside Baptist, however, is a shorter building compared to these other churches. The proposed tower is als� bulkier than the aforementioned bell towers and steeples. This combination of factors creates the perception of a larger structure. When considering all of the above issues, staff finds the proposed tower is compatible with the surrounding neighborhoods in a way that is similar to other churches with tall bell towers and steeples. While the proposed tower is bulkier than many other bell towers and steeples in the community, the proposed tower is also shorter than other bell towers and steeples. As stated earlier, Section 3.8.13(C)(15) states bell towers are an appropriate way to meet the stealth technology requirement. Bell towers are common on church properties so the design is appropriate. The applicant has also proposed a location on the site to minimize the impact of this tower on abutting properties. This proposed tower will also not impact the use of adjacent properties. For these reasons, staff finds the proposal meets Criterion C. • � Statf Report — Century W ireless Telecommunications Faciiity and Addition of Permitted Use — PDP170017 Planning & Zoning Board Hearing 05-17-2018 Page 6 D. Section 1.3.4(C)(1)(d) - Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public hea/th, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resu/ting from the other permitted uses listed in the zone district to which it is added Cell towers do not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. E. Section 1.3.4(C)(1)(e) - Such use will not change the predominant character of the surrounding area The predominant character of the surrounding area is that of an established, residential neighborhood. Just as the bell towers and steeples on churches in other parts of the community do not define the character of their neighborhoods, nor shall the proposed bell tower define the character of this neighborhood. F. Section 1.3.4(C)(1)(f) - Such use is compatible with the other listed permitted uses in the zone district to which it is added As established for Criterion A, wireless telecommunications equipment is an allowed use. This means the design of a wireless telecommunications facility is the principal consideration for establishing compatibility with the surrounding neighborhood. As discussed for Criterion C, staff finds the proposed bell tower achieves compatibility with the zone district through its location on the site and design. G. Section 1.3.4(C)(1)(g) - Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal wou/d not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must fake place after fhe submittal of an � ' . • 5taft Report — Century Wireiess Telecommunica�tions Facility and Adci�t��>n ot Permitted Use — P D P 170017 Planning & Zoning Board Hearing 05-17-2018 Page 7 application and after the application has completed the first round of staff review Staff conducted two neighborhood meetings for this proposal. The first neighborhood meeting occurred on March 23, 2017, prior to submittal of a development application. Staff convened a second neighborhood meeting on January 31, 2018, after the first round of staff review. The following section of this staff report contains an overview of these neighborhood meetings. H. Section 1.3.4(C)(1)(h) - Such use is not a medical marijuana business as defined in Section 15-452 of the City Code or a retail marijuana establishment as defined in Section 15-603 of the City Code The proposed use is a Wireless Telecommunications Facility, which satisfies this criterion. 3. Public Outreach Per Land Use Code Section 1.3.4(C)(1)(g), all projects subject to an APU in or adjacent to a residential neighborhood shall be subject to two neighborhood meetings. One of the meetings must be held before submittal of a formal development application with the City and one must be held after the first round of staff review. In compliance with this code section, the applicant held the first neighborhood meeting on March 23, 2017 at Southside Baptist Church. 37 neighbors attended the meeting. After this meeting, the applicant submitted their development application with the City on May 9, 2017. The applicant held the second neighborhood meeting on January 31, 2018. 12 neighbors attended this meeting. Neighbors raised the following issues at these meetings: • Concern about negative health effects due to radio frequency emissions • The proposed design is too bulky and out of scale with the neighborhood o Preference for a more tapered, artistic design • Preference for a different location in a non-residential area 4. Findinqs of Fact/Conclusion: In evaluating the request for proposed Century Wireless Telecommunications Facility and Addition of Permitted Use Project Development Plan, Staff makes the following findings of fact: • • r f � Staff Report - Century VVireless Telecommunications Facility and Addition of Permitted Use - PDP17Q017 Planning & Zoning Board Hearing 05-17-2018 Page 8 A. The Project Development Plan complies with the process and standards located in Division 1.3.4 — Addition of Permitted Uses of Article 1— General. 6. The Project Development Plan complies with the process located in Division 2.2 — Common Development Review Procedures for Development Applications of Article 2 — Administration. . _ � � _ • . 1Tl7l11f�:�7T�1 _ .GTf:�►.TL�TT: � �� RECOMMENDATION: Staff recommends that the Planning and Zoning Board recommend that the City Council approve the Century Wireless Telecommunications Facility and Addition of Permitted Use, PDP170017. ATTACHMENTS: 1. Zoning & Vicinity Map 2. Applicant's Project Narrative 3. Century Wireless Telecommunications Facility Planning Document Set (including site plan and elevations) 4. Coverage maps from Open Signal and Sensorly 5. Excerpt of the Wireless Telecommunications Act of 1996 ��5� 3 g �� C� (�� -��e� .�e�,� �;��, � � Exhibit 3 � ,,, ,,.. SNED � � LOT 1 SOUTHSIDE BAPTIST CHURCH MINOR SUBDIVISION '// I�� 1- SfORY WOOC FRAME BUILDING I � — i _ � I 7%"�` " � i \ GRAVEL �i 55' STEALTH TOWER \ IAT: 40'�2'19.442'N I LONG: 105'OS'13.689'W ' I � OIRT � �� ROUND ELEV: 5061.78' � I I � POB II :' _ — . �EnSE nR�n ---_----_17.66' (TIE) ------ I rseasz•,s� 40.00� , N89'S9'S2"W 1 _ _ _ _ _ � � _1_\_�\ 4 ' � It_� 8 gl �s I V � I � � \ SRE BENCHMARK �I POB '� N0. 4 REBAR I I I� �Ii.�j � ACCE55 AND UTILI7V ESMT. ELEV: 5059.78' ; I� �II \1 ' II lo m S88'S2'74'E ��, \ I I I i � 33.51' V 1�� '� I I N8B'52'15'W 4p.00' � 1 I II L----�---,'.:�;� � �, 1 �� N � LEnSE nREA �' � I .� • I� 1 1 II I ` 8' TELEPHONE ESMT. 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