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Home My WebLink AboutEVERGREEN PARK THE TOY SHED WIRELESS TELECOMMUNICATIONS FACILITY PDP - 50 91F - DECISION - HEARING OFFICER DECISIONCity of Fort Collins Commu y Planning and Environmental -vices Current Planning CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION HEARING OFFICER: Cameron Gloss Current Planning Director PROJECT NAME: Evergreen Park, The Toy Shed (1314 Red Cedar Circle), Wireless Telecommunication Facility — P.D.P. CASE NUMBER: # 50-91 F APPLICANT: Nextel Communications c/o Peter Hoopes (Wireless Facilities Inc.) 650 S. Cherry Street, Suite 1050 Denver, CO OWNER: John Dixon 1314 Red Cedar Circle Fort Collins, CO 80524 PROJECT DESCRIPTION: Request to construct a new 80 foot tall co -locatable wireless telecommunication pole at 1314 Red Cedar Circle. The pole will be located at an existing RV storage yard in a fenced enclosure within a fenced compound. SUMMARY OF RECOMMENDATION AND DECISION: STAFF RECOMMENDATION: Approval HEARING OFFICER DECISION: Approval ZONING DISTRICT: I Industrial. 281 North College Avenue • PO. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020 Evergreen Park, The Toy Sheer WTF PDP Administrative Hearing March 20, 2001 Page 2 of 6 NOTICE OF PUBLIC HEARING: Notice of public hearing was made on March 6, 2001 by mailing to property owners within 500 feet of the subject property. The public hearing was advertised in the Coloradoan. PUBLIC HEARING After reviewing the Staff Report and recommendation, a public hearing was held on the subject application at 3:00 PM on March 20, 2001. The hearing was held in Conference Room C/D at 281 North College, Fort Collins, Colorado. HEARING TESTIMONY WRITTEN COMMENTS AND OTHER EVIDENCE: The following is a list of those who attended the meeting: From the City: Troy Jones, City Planner From the applicant: Peter Hoopes, Wireless Facilities, Inc. Jerald Russell, 1314 Red Cedar Circle Chris Neoplyton From the Community: Neil-McCaffrey-1.331-Red Cedar -Circle Arthur Maranjian, 1331 Red Cedar Circle Written Comments: None Public Comments: Questions and concerns were raised by Neil McCaffrey, co-owner of the publishing company located across the street about the health impacts to his employees. His first question related to the nearby propane tank and what impact, if any, would there be if lightening strikes the pole. The applicant stated that the equipment is completely grounded. The construction drawings show the antenna, cable and pole, via copper Evergreen Park, The Toy She. JVTF PDP Administrative Hearing March 20, 2001 Page 3 of 6 grounding busses, attached to a grounding ring with rods. Electricity will be dispersed in the ground and will not be able to pass across the area to ignite the propane tank. He also asked if the facility could create interference for cell phone users or police radios during emergencies. The applicant responded that they are regulated by the FCC, as all cell carriers are, and that if there was any interference, the FCC would require immediate correction. Arthur Maranjian asked about the health hazards associated with cell phone waves. The applicant responded by stating that they operate under FCC rules and that the facility generates far less wattage and presents less of a risk than the cell phone, itself. Mr. Maranjian also stated that there are high-tension wires nearby and wondered if the RF waves would be affected? The project engineer stated that this is not a problem, as cell facilities are operating at a different frequency than the powerlines. Mr. Maranjian also raised other issues about the tower height and location. He inquired about the height of the proposed pole as compared to that at Harmony and 1-25. The applicant responded that the subject pole is shorter than that adjacent the Texaco station at Harmony Rd. and 1-25, but he had no specific information on the height difference. He also asked the general question: why is a tower being installed on this site? The project engineer explained that cell phone coverage for a certain area needs to be provided and this location is optimal for their needs; the goal is to find the optimal height where you can provide coverage and not "pollute" adjacent areas. BACKGROUND COMMENTS: 1. Background: The surrounding zoning and land uses are as follows: N: I; vacant industrial land, CN; Country Club Corners Shopping Center (Including Alberston's) S: I; existing welding shop, vacant industrial land, E: I; existing industrial businesses, W: I; natural gas storage tank, CN; existing commercial uses along College Avenue. Evergreen Park, The Toy Sheu WTF PDP Administrative Hearing March 20, 2001 Page 4 of 6 2. Definition [Section 5.1.21: The Land Use Code defines "Wireless telecommunication facility' 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." 3. Zoning [Division 4.191: The entire block is zoned Industrial (1). In this zone district, wireless telecommunications facilities are permitted, subject to administrative review. 4. Compliance with Applicable Standards [Section 3.8.131: The Land Use Code requires that a request for wireless telecommunications facilities comply with a prescribed set of standards as outlined in Section 3.8.13 of the code. The applicable standards are discussed below. A. Co -location [3.8.13(B)]: The proposed pole provides a space for additional antennae to be located 10 feet below the proposed antennae. A note has been attached to the plans stating that the owners or lessees shall not act to exclude any other wireless telecommunication provider from using the same existing structure. B. Color [3.8.13(C)(3)]: The pole will be painted gray to blend in with the sky as best as possible. C. Landscaping [3.8.13(C)(4)]: The entire RV storage yard is fenced with a 6- footstockadecedar"fence-Landscaping-meeting-the-requirements-of LUC 3.2.1 already exists to screen the site. D. Fencing [3.8.13(C)(5)]: The area around the ground -mounted equipment will be fenced with a six-foot high cedar fence enclosure. E. Lighting [3.8.18(C)(9)]: There will be no new lighting as a result of this proposed pole. 5. Neighborhood Compatibility: The primary compatibility issue typically raised during the review process of telecommunications requests is radio interference. The applicant has stated the Evergreen Park, The Toy Shea VVTF PDP Administrative Hearing March 20, 2001 Page 5 of 6 frequency of wireless telecommunications equipment are designed not to interfere with frequencies used by other electronic devices such as radios, televisions and in no way be detrimental to the health, safety and well-being of the community. Since the installation of numerous wireless telecommunications equipment, Staff has not received one complaint from surrounding residents regarding electronic interference. 6. Findings of Fact and Conclusion: In reviewing the request for the Toy Shed Wireless Telecommunication Facility, Project Development Plan, staff makes the following findings: A. The request is defined as "wireless telecommunications facility." B. Wireless telecommunications facilities are permitted in the Industrial (1), Zone District, subject to administrative review. C. The proposed facility meets the applicable criteria in the zone district standards in Article 4 of the LUC. D. The proposed facility, including the pole and ground -mounted equipment, meet the applicable design standards in Article 3 of the LUC. RECOMMENDATION: Staff recommends approval of Evergreen Park, The Toy Shed (1314 Red Cedar Circle), Wireless Telecommunication Facility — P.D.P., File # 50-91 F FINDINGS AND CONCLUSIONS After reviewing the staff report and the record of the public hearing, the Hearing Officer makes the following findings and conclusions: A. This application is subject to the City of Fort Collins Land Use Code. B. The request is defined as a "wireless telecommunications facility." C. Wireless telecommunications facilities are permitted in the Industrial (1), Zone District, subject to administrative review. Evergreen Park, The Toy Shf-- ✓VTF PDP Administrative Hearing March 20, 2001 Page 6 of 6 D. The proposed installation meets the applicable design standards and regulations in the Land Use Code pertaining to wireless telecommunications facilities. E. The installation of the equipment is compatible with the neighborhood and will not cause interference with other electronic equipment that is typically found in the surrounding neighborhoods. DECISION Based on the findings and conclusions, the request to construct an 80-foot tall co - locatable wireless telecommunication pole at 1314 Red Cedar is approved. Dated this 27th day of March 2001, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. Cameron Gloss Current Planning Director Mcuc 20 boo t St w► .des W C0PI k"(,U 4 of/4y - - - dt;4�46 V4f.yap �9�t/ .�9v CGcRcE, fr A Aj�w.r 7f y S. ll r,4 Sr. 44R4m s h/y 8ra7o