HomeMy WebLinkAboutT-MOBILE (CEDARWOOD PLAZA) WTF - PDP - 38-06A - REPORTS - LEGAL DOCUMENTSIntroduced, considered favorably on first reading, and ordered published in summary form
this 17th day of September, A.D. 1996, and to be presented for final passage on the 1st day of
October, A.D. 1996.
ayor
ATTEST:
ir!
Passed and adopted on final reading this 1 st day of Octoo D. 1996.
Mayor
ATTEST:
\' L
0I .1 �_�
equipment has frontage on a public street, street trees
shall be planted along the roadway in accordance with
the policies of the City Forester.
FENCING:
Chain link fencing shall be unacccptnhle to screen
facilities. Fencing material shall consist of wood,
masonry, stucco, or other acceptable materials and be
upaquc. Fencing shall not exceed six (6) feet in height.
BERMING:
Berms shall be considered as an acceptable screening
device. Berms shall feature slopes that allow nwwing,
irrigation, and maintenance.
IRRIGATION:
Landscaping and benning shall be equipped with
automatic irrigation systems meeting the water
conservation standards of the City.
COLOR:
All wireless telecommunication services facilities and
equipment should be painted to match as closely as
possible the color and temure of the wall, building, or
surrounding built environment. Muted colors, earth
tones and subdued colors shall be used.
LIGI ITING:
'Pile light source for security fighting shall be high
pressure sodium and feature down -directional, slurp
cut-off luminaries so Ihat there is no spillage of
illumination offsite. Light fixtures, whether
freestanding or rower -mooted, shall not exceed 22 feet
in height.
INTERFERENCE:
Wireless telecommunication services facilities and
equipment shall operate in such a manner so is nut to
cause interference with otherelectronics such as radios,
televisions, computers, etc.
ACCEss ROADWAYS:
Access roads must be capable ol'supporting all of the
emergency response equipment of the Poudre Fire
Authority.
6
Fool HILLS AND HOGBACKS:
Wireless telecommunication services facilities and
equipment located in or near the foothills hear a special
responsibility for mitigating visual disruption. If such
a location is selected, the applicant shall provide
computerized, three dimensional, visual simulation of
the facility or equipment and other appropriate graphics
to demonstrate the visual impact on the view of the
City's foothills and hogbacks.
AIRPORTS AND FLIGIIT PATHS:
Wireless tefeconnnulication services facilities and
equipment located near airports and flight paths shall
ohutin the necessary approvals from the Federal
Aviation Administration.
IIISTORIC SI'rFS AND STRUCTURES:
Wireless telecommunication services facilities and
equipment shall not be located on any historic site or
structure unless permission is first obtained from the
City's Landmark ]'reservation Commission as required
by the City's landmark preservation ordinances. (See
City Code Chapter 14.)
CHART A-2. NEIGHBORHOOD COMPATIBILITY CRITERIA
A-2.19 Wireless Telecommunication Services Facilities and Equipment
Does the project contain wireless telecommunication services facilities or
equipment? If so, have such facilities and equipment and their placement been
designed so as to protect the safety, aesthetics, and character of the
neighborhood?
PURPOSE
Wireless telecommunication services facilities and
equipment are evaluated in the development review
process to ensure that such facilities and equipment are
designed in such a way as to provide functional
operation for the provider and protect the safety,
aesthetics, and character of the neighborhood.
GUIDELINES
SETBACKS:
With respect to a wireless telecommunication services
facility that is a tower or a monopole, the setback of the
facility from the property lines should be one foot for
every foot of height. However, to the extent that it can
be demonstrated that the structure will collapse rather
than topple, this requirement can be varied accordingly.
In addition, the setbacks for ground -mounted wireless
telecommunication services equipment shall be
governed by the criteria established in All Development
Criterion A-2.12.
WIRELESS TELECOMMUNICATION SERVICES FACILITIES:
Whether manned or unmanned, wireless
telecommunication services 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. Such facilities shall also
be compatible with the surrounding natural environment
considering land forms, topography, and other natural
features. If such facility is an accessory use to an
existing use, the facility shall be construed out of
materials that are equal to or better than the materials of
the principal use.
5
WIRELESS T'EL.ECOMMUNICATION SERVICES EQUIPMENT:
Wireless telecommunication services equipment shall
he of the same color as the building or structure to
which or on which such equipment is mounted.
Whenever a wireless telecommunication services
antenna is attached to a building roof, the height of the
antenna shall not be more than 15 feet over the height
of the building. All wireless telecommunication
services equipment shall be located as far from the edge
of the roof as possible. Even if the building is
constructed at or above the City's 40 foot height limit,
the ❑dditional 15 feet is permissible.
Whenever wireless telecommunication services
equipment is mounted to the wall of a building or
structure, the equipment shall be mounted in a
configuration as flush to the wall as technically possible
and shall not project above the wall on which it is
mounted.
Roof and ground mounted wireless telecommunication
services equipment shall he screened by parapet walls
or screen walls in a manner compatible with the
building's design, color, and material.
LANDSCAPING:
Wireless telecommunication services facilities and
ground mounted wireless telecommunications services
equipment may need to be landscaped with landscaping
materials that exceed the levels established in All
Development Criteria A-2.13, due to the unique nature
of such facilities. Landscaping may therefore be
required to achieve a total screening effect at the base
of such facilities or equipment to screen the mechanical
characteristics. A heavy emphasis on coniferous plants
lot year-round screening may be required.
If a wireless telecommunication services facility or
around mounted wireless telecommunication services
(b) Applications for use of a wireless telecommunication services facility in any
of the permitted zoning districts shall be reviewed pursuant to the provisions of City
Code Sections 29-520 and 29-521.
Sec. 29-480. Wireless Telecommunication Services Equipment Review.
(a) Subject to the requirements of paragraph (b) of this Section, wireless
telecommunication services equipment may be attached to or mounted on any
existing building or structure (or substantially similar replacement structure) located
in any zoning district of the city. Wireless telecommunication services equipment
shall not, however, be permitted to be attached to or mounted on any residential
building containing four (4) or fewer dwelling units.
(b) Application for use of wireless telecommunication services equipment shall
be reviewed pursuant to the provisions of City Code Sections 29-520 and 29-521.
See.29-481. Co -location of Wireless Telecommunication Services Facilities and
Equipment.
No wireless telecommunication services facility or equipment owner or lessee or
employee thereof shall act to exclude or attempt to exclude any other wireless
telecommunication services provider from using the same building, structure or
location. Wireless telecommunication services facility owners or lessees or
employees thereof shall cooperate in good faith to achieve co -location of wireless
telecommunication services facilities and equipment with other wireless
telecommunication services providers.
Section 5. That Section 29-526(D)(2) of the City Code is hereby amended by the addition
of a new Neighborhood Compatibility Criteria Chart to be numbered A-2.19, to read as follows:
0
(1) The standard development review fee imposed by this Section shall
be paid at the time of submittal of any development review application,
according to the following schedule:
Annexation Petition and Map
$ 1,040.00
Rezoning Petition
856.00
Overall Development Plan
1,400.00
Preliminary PUD Plan
1,472.00
Final PUD Plan
2,808.00
Minor Subdivision Plat
896.00
Preliminary Subdivision Plat
1,312.00
Final Subdivision Plat
2,176.00
RF/RC Site Plan
2,544.00
RH/RM Site Plan
976.00
Group Home Review
920.00
Wireless Telecommunication Services Equipment Review
200.00
Wireless Telecommunication Services Facility Review
976.00
Nonconforming Use Review
1,216.00
IUIP Site Plan
1,640.00
Administrative Change
168.00
Extension Request
496.00
Notification Fee
.50 per notice
mailed
Section 4. That Chapter 29 of the City Code is hereby amended by the addition of three
new sections under Division IV, Article III, to read as follows:
Sec. 29-479. Wireless Telecommunication Services Facility Review.
(a) , Subject to the requirements of paragraph (b) of this Section, a wireless
telecommunication services facility shall be permitted in only the following zoning
districts:
B-C, Business Center District;
(2)
B-G, General Business District;
(3)
B-L, Limited Business District;
(4)
C, Commercial District;
(5)
C-L, Limited Commercial District;
(6)
H-B, Highway Business District;
(7)
H-C, Highway Commercial District;
(8)
I-G, General Industrial District;
(9)
I-L, Limited Industrial District; and
(10)
I-P, Industrial Park District.
3
provided in Section 4 of this Ordinance, conforms to the basic characteristics of the zoning districts
to which such facilities and equipment have been added; and (3) that wireless telecommunication
services facilities and equipment do not create any more offensive noise, vibration, dust, heat,
smoke, odor, glare or other objectionable influences or more traffic hazards than the minimum
amount normally resulting from the other uses listed in the zoning districts to which the use of such
facilities and equipment have been added.
Section 2. That Section 29-1 of the Code of the City of Fort Collins is hereby amended
by the addition of three new definitions and amending an existing definition as follows:
wireless telecommunication services shall mean services providing for the
transmission of wireless communications utilizing frequencies authorized by the
Federal Communications Commission for paging systems, enhanced specialized
wireless telecommunication, personal communication services, and cellular
telephone.
wireless telecommunication services equipment shall mean any equipment used to
provide wireless telecommunication services, but which is not affixed to or contained
within a wireless telecommunication services facility, but is instead affixed to or
mounted on an existing building or structure (or substantially similar replacement
structure) that is used for some other purpose. Provided, however, such equipment
shall also mean a ground mounted base station used as an accessory structure that is
connected to an antenna mounted on or affixed to an existing building.
wireless telecommunication services facility shall mean 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.
Public utility shall mean a common carrier supplying electricity, telephones,
natural gas, water, sewage disposal, railroads or similar public services, but shall not
mean any person or entity that provides wireless telecommunication services to the
public.
Section 3. That Section 29-3 subparagraph (b)(1) of the Code of the City of Fort Collins
shall be amended to read as follows:
Sec. 29-3. Development review fees.
(b) Development review fee schedule.
2
ORDINANCE NO. 122, 1996
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 29 OF THE CODE OF THE CITY OF FORT COLLINS
PERTAINING TO THE ZONING AND USE OF WIRELESS TELECOMMUNICATION
SERVICES FACILITIES AND EQUIPMENT
WHEREAS, in April of 1996, Council adopted a Telecommunications Policy ("the Policy");
and
WHEREAS, the Policy directed staff to establish zoning requirements and siting standards
for above -ground telecommunications transceiver structures such as antenna towers and satellite
dishes; and
WHEREAS, providers of wireless telecommunication services ("WTS") are now beginning
to contact the City in preparation for offering these services to the community; and
WHEREAS, the federal government has recently adopted the Telecommunications Act of
1996 ("the Act") in order to remove regulatory barriers and encourage competition among all types
of telecommunications providers; and
WHEREAS, in doing so, the Act preempts all state and local laws that prohibit or have the
effect of prohibiting a business from providing telecommunication services; and
WHEREAS, although the Act so preempts state and local laws, it generally preserves local
zoning authority over WTS facilities as long as the zoning requirements are non-discriminatory, do
not have the effect of prohibiting service, and are not based on health effects of radio frequency
emissions; and
WHEREAS, now that WTS providers will soon be siting their facilities and equipment
within the City, the City's Code must be amended to establish which zoning districts WTS facilities
and equipment will be permitted and to establish review standards for WTS facilities and equipment;
and
WHEREAS, such Code changes are necessary for the public's health, safety and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
Section 1. That the Council of the City of Fort Collins hereby makes the following
special findings as required pursuant to Section 29-75 of the Code of the City of Fort Collins: (1)
that allowing wireless telecommunication services facilities in certain zoning districts of the City,
as provided in Section 4 of this Ordinance, would be more appropriate in the zoning districts to
which such facilities would be added than in any of the other zoning districts in the City; (2) that
allowing wireless telecommunications services facilities and equipment in the zoning districts, as