The URL can be used to link to this page

Home My WebLink AboutPOUDRE VALLEY PLAZA WTF (AT&T) - PDP - 6-09 - DECISION - MINUTES/NOTESAdministrative Public Hearina Sian -in IRV PLEASE PRINT CLEARLY Ram ON Steve Olt - DECISION.doc _ Page 6 conducted on March 5, 2009. CONCLUSIONS AND FINDINGS OF FACT In evaluating the request for the Poudre Valley Plaza/ AT&T Wireless Telecommunications Facility PDP, the Hearing Officer makes the following conclusions and findings of fact: 1 The Project Development Plan, is in compliance with all applicable administrative standards contained in Article 2 of the Land Use Code. 2 The Project Development Plan is in compliance with all applicable General Development Standards contained in Article 3 of the Land Use Code. 3 The Project Development Plan is in compliance with all applicable district standards of Division 4.23 of the Land Use Code, Neighborhood Commercial District. DECISION The Hearing Officer hereby enters the following ruling: The Poudre Valle Plaza/ AT&T Wireless Telecommunications Facility, Project Development Plan, #6-09 is hereby approved by the Hearing Officer. Dated March 16, 2009 per authority granted by Sections 1.49 and 2.1 of the Land Use Code. Richard V. Lopez Richard V. Lopez Hearing Officer 11 Steve Olt - DECISION.doc Page 5 to match the building in the Plaza. (3) Wireless Telecommunication Equipment: This is a facility. (4) Landscaping: Landscaping around the exterior of the enclosure will be provided. In addition, a missing shade tree along the east property line will be replaced. (5) Fencing: The 6 foot .high solid fence will screen the equipment enclosure building. The fence will have a stone veneer. (6) Berming: Not applicable. (7) Irrigation: Not applicable. (8) Color. The tower will be painted tan or green. The equipment enclosure building will have a stucco finish and painted to match existing buildings in the Plaza. (9) Lighting: Not applicable. (10) Interference: No interference with other types of electronics or wireless providers is anticipated. If any interference shall arise, the Applicant will be required to repair the equipment and or eliminate the interference. (11) Access Roadways: Access for repair equipment and emergency response equipment can be provided within the Plaza. (12) Foothills and Hogbacks: This tower is not located in or near the foothills. (13) Airports and Flight Paths: The tower is not located near an airport or within any flight paths. (14) Historic Sites and Structures: the tower is not located in a historic structure or in a historic district. (15) Stealth Technology. The sheath cover for the antenna array renders it much less visible that older, more traditional antenna arrays. 4. Article 4 — District Standards Division 4.23 Neighborhood Commercial (NC) — Wireless telecommunication facilities are permitted in the NC District subject to an Administrative Hearing. This hearing was 5 :Steve Olt - DECISION.doc Page 4� Views: The tower will be located at the northeast comer of the Plaza. The only views possibly impacted by this location are from the residential neighborhood approximately 200 feet to the east. The residences most affected are oriented to the east, and contain few windows facing west. The tower will not pose a significant interference with views from these locations. Light and Shadow: The tower varies in diameter from 20 inches at the lower portion to 30 inches at the upper portion. The tower is 55 feet tall. Shadows from the tower will be cast onto the parking lot and will not have an adverse impact on neighboring properties. Privacy. Not applicable because the tower is not habitable. Neighborhood Scale: The tower mass and scale are not similar to other uses in the immediate neighborhood. However, the height of the tower is allowable in the zone district. The design is intended to minimize the visibility and scale. Land Use Transition (Section 3.5.1(H)): This criterion cannot be met because this new use is being introduced into the fabric of an existing use. As such, attempts to minimize its impact through color and operational standards are more relevant. Section 3.8.13, Wireless Telecommunication. This is the most appropriate standard to review the proposed tower. Location and Co -location (Sections 3.8.13.(A) & (B) - This wireless telecommunication facility and tower is proposed to be ground mounted within the NC, Neighborhood Commercial District. The applicant explained that he made a good faith effort to locate the tower in other locations but was unsuccessful. The applicant may not prevent future telecommunication carriers from further co -locating additional antenna upon this tower. Standards (Section 3.8.13(C) ) — (1) Setbacks: The proposed tower will be set back from Century Drive right-of-way (east property line) by 120 feet and from West Horsetooth Road right of way (north property line) by 85 feet. The total height of the tower is 55 feet, which requires a 55 foot setback from all property lines. A future antenna may be added to this tower, assuming it meets all other standards. (2) Wireless Telecommunication Facilities: The tower will be painted green to match adjacent parking lot poles or tan to match the primary color of the building in the Poudre Valley Plaza to minimize visual impacts. The equipment enclosure building will be screened with a 6 foot high solid wall with stone veneer intended 4 a-_ __ Steve Olt - DECISION_doc _ Page 3' The surrounding zoning and land uses are as follows: N: MMN, Medium Density Mixed -Use Neighborhood (existing residential) S: NC, Neighborhood Commercial and MMN, Medium Density Mixed -Use Neighborhood (existing commercial uses, existing residential) E: RL, Low Density Residential (existing residential) W: NC, Neighborhood Commercial and UE, Urban estate (existing commercial uses, existing residential) 2. Article 2 - Administration The Poudre Valley Plaza/AT&T Wireless Telecommunications Facility complies with the applicable requirements of the Land Use Code, including the procedural requirements found in Division 2.2 — Common Development Review Procedures for Development Applications, and Division 2.4 -- Project Development Plan. 3. Article 3 — General Development Standards The Poudre Valley Plaza/AT&T Wireless Telecommunications Facility complies with the applicable requirements of the Land Use Code, including those located in Division 3, General Standards as follows: Section 3.5.1, Building Standards Compatibility. This standard is to ensure that the physical and operational characteristics. of proposed buildings and uses are compatible within the context of the surrounding area. Color (Section 3.51.(F)) - The applicant stated that the proposed tower will be painted green to match adjacent parking lot poles or tan to match the primary color of the buildings in the Plaza. The equipment enclosure building have a stucco finish, painted to match the existing buildings in the Plaza. The 6 foot high wall enclosure will have a stone veneer to match similar materials utilized by other buildings in the Plaza. These similar materials and colors will minimize the visual impacts to the surrounding residential neighborhoods. Building Height Review (Section 3.5.1(G)) — Special Height Review/ Modification: The special review process for buildings or structures which exceed 40 feet in height apply. The proposed 55 foot wireless facility meets the review standards as follows: 3 Steve Olt - DECISION.doc Page 2 NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established the fact that the hearing was properly posted, legal notices mailed and notice published. PUBLIC HEARING: The Hearing Officer, presiding pursuant to the Fort Collins Land Use Code, opened the hearing at approximately 5:30 p.m on March 5, 2009, in the Community Room, 215 N. Mason, Fort Collins, Colorado. HEARING TESTIMONY, WRITTEN COMMENTS AND OTHER EVIDENCE: The Hearing Officer accepted during the hearing the following evidence: (1) Planning Department Staff Report; (2) application, plans, maps and other supporting documents submitted by the applicant and the applicants' representatives to the City of Fort Collins; (3) opportunity for public testimony was provided during the hearing. The members of the public commented on the height of the tower, the loss of parking and the aesthetics. (4) The Land Use Code, the City's Comprehensive Plan (City Plan) and the formally promulgated polices of the City are all considered part of the evidence considered by the Hearing Officer. The following persons attended the hearing: From the City: Steve Olt, City of Fort Collins From the Applicant: Michael Matzko, Terra Tec Tonics From the Public Six citizens attended and spoke. A copy of the sign in sheet is attached hereto. FACTS AND FINDINGS A. Wireless telecommunications facilities are permitted in the NC, Neighborhood Commercial District, subject to an Administrative Hearing. This Project Development Plan (PDP) complies with the applicable General Development standards of Section 3.8.13 and the zone district standards of the Neighborhood Commercial District. Compatibility with Surrounding Uses. 2 Steve Olt - DECISION.doc Page 1 CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE 1 ADMINISTRATIVE HEARING AMENDED FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE: PROJECT NAME: :�Td►��[�Ii�iI:3�� March 5, 2009 Poudre Valley Plaza/AT&T Telecommunications Facility Project Development Plan #6-09 APPLICANT: Terra Tec Tonics, for AT&T Mobility C/o Michael Matzko P.O Box 3500 Avon, CO. 816230 OWNER: HEARING OFFICER: PROJECT DESCRIPTION: Poudre Valley Holdings LTD, LLLP 1027 West Horsetooth Road Fort Collins, CO 80526 Richard V. Lopez This is a request to construct a wireless communications facility in the parking lot of Poudre Valley Plaza ("Plaza"). The facility, a 55 foot high tower, 20 inches in diameter, with antennas in a sheath 30 inches in diameter on the upper 22 feet of the pole, will be sited at the northeast corner of the Plaza. There will be an equipment enclosure building, 11 feet 6 inches high, partially enclosed in a 6 foot high solid wall at the base of the tower. The Plaza is located at the southeast corner of West Horsetooth Road and South Shields Street and is in the NC, Neighborhood Commercial Zoning District. Wireless telecommunications facilities are permitted in this District subject to compliance with the standards set forth in Section 3.8.13 of the City's Land Use Code and development review and public hearing before the Hearing Officer. SUMMARY OF HEARING OFFICER DECISION: Approval ZONING DISTRICT: NC B Neighborhood Commercial