HomeMy WebLinkAboutPAVILION SHOPPING CENTER (4366 S. COLLEGE) WTE, CRICKET - PDP - 21-00B - DECISION - FINDINGS, CONCLUSIONS & DECISIONk4o
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Pavilion Shopping Center, Vb , c-Cricket PDP
Administrative Hearing
November 16, 2001
Page 5 of 5
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 "wireless telecommunications equipment."
C. Wireless telecommunications equipment is permitted in the Harmony Corridor
(HC), Zone District, subject to administrative review.
D. The proposed installation meets the applicable design standards and regulations
in the Land Use Code pertaining to wireless telecommunications equipment.
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 co -locate a third antennae array
on an existing 85 foot tall wireless telecommunication pole at 4366 South College is
approved.
Dated this 19th day of November 2001, per authority granted by Sections 1.4.9(E) and
2.1 of the Land Use Code.
Cameron Gloss
Current Planni Director
Pavilion Shopping Center, Vr , c-Cricket PDP
Administrative Hearing
November 16, 2001
Page 4 of 5
C. 3.8.13(C)(5) — As required, the fencing around the ground mounted
equipment is not chain link nor does it exceed 6 feet in height. The
existing fence is 6 feet high and made of wood. This standard is therefore
satisfied.
D. 3.8.13(C)(8) — Color. The existing fence, enclosure and pole are painted
in subdued colors to match as closely as possible the color and texture of
the adjacent building and the sky. This standard is therefore satisfied.
E. 3.8.13(C)(9) — Lighting. The applicant does not propose any new lighting,
therefore this standard is satisfied.
F. 3.8.13(C)(10) — Interference. The primary compatibility issue typically
raised during the review process of telecommunications requests is radio
interference. The applicant has stated the 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.
5. Findings of Fact and Conclusion:
In reviewing the request for the Pavilion Shopping Center, Wireless Telecommunication
Equipment, Cricket — P.D.P., staff makes the following findings:
A. The request is defined as "wireless telecommunications equipment."
B. Wireless telecommunications equipment is permitted in the Harmony Corridor
(HC), 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 equipment meets the applicable design standards in Article 3 of
the LUC.
RECOMMENDATION:
Staff recommends approval The Pavilion Shopping Center, Wireless
Telecommunication Equipment, Cricket — P.D.P., File # 21-00B
Pavilion Shopping Center, V1 , Cricket PDP
Administrative Hearing
November 16, 2001
Page 3 of 5
BACKGROUND
1. Background:
The surrounding zoning and land uses are as follows
N: HC;
The rear access drive to the Pavilion Shopping Center,
C;
Troutman Parkway,
S: HC;
Harmony Center PUD, Linens and Things, Pets Mart,
E: HC;
existing irrigation ditch, vacant property, JFK Parkway,
W: HC;
The Pavilion Shopping Center, College Avenue.
2. Definition [Section 5.1.21:
The Land Use Code defines "Wireless telecommunication equipment' as "any
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."
3. Zoning [Division 4.191:
The site is zoned Harmony Corridor (HC). In this zone district, wireless
telecommunications equipment is permitted, subject to administrative review.
4. Compliance with Applicable General Standards [Section 3.8.131:
The Land Use Code requires that a request for wireless telecommunications equipment
comply with a prescribed set of standards as outlined in Section 3.8.13 of the code.
The applicable standards are discussed below.
A. 3.8.13(B) - Co -location. As required, the applicant has operated in good
faith to achieve co -location with another provider. This application is co -
locating onto an existing wireless telecommunication pole. The application
thereby satisfies this standard.
B. 3.8.13(C)(4) — Landscaping. The new ground mounted equipment will be
located within the existing fenced area, which screens the view of the
enclosure by 8 small evergreen trees. There are existing mature
evergreen trees that will screen the southern view of the ground mounted
equipment enclosure. This standard is thereby satisfied.
Pavilion Shopping Center, Vb . --Cricket PDP
Administrative Hearing
November 16, 2001
Page 2 of 5
SUMMARY OF STAFF RECOMMENDATION:
STAFF RECOMMENDATION: Approval
ZONING DISTRICT: HC, Harmony Corridor
NOTICE OF PUBLIC HEARING: Notice of public hearing was made on November 2,
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 2:00 PM November 16, 2001. The hearing was held in
Conference Room A 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
Katie Moore, Development Review Engineer
From the applicant:
Drew Dewhirst
Tim Heine
From the Community:
None
Written Comments:
None
City of Fort Collins
Comma Ay Planning and Environmental .rvices
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: The Pavilion Shopping Center, Wireless
Telecommunication Equipment, Cricket- P.D.P.
CASE NUMBER: 21-00B
APPLICANT: Cricket Communications
c/o Andrew Dewhirst (Lucent Technologies)
140 W. Oak Street #230
OWNER: (land)
GS 92-2 Pavilion LLC
233 Milwaukee Street
Denver, CO 80206
(The existing pole)
Spectrasite Communications, Inc.
100 Regency Force Drive, Suite 400
Cary, NC 27511
PROJECT DESCRIPTION:
Request to co -locate a third antennae array on an existing 85-foot tall co -locatable
wireless telecommunication pole at 4366 South College. The existing pole currently
has approval for two antennae arrays. The pole is located behind the Pavilion Shopping
Center directly east of TJ Maxx in a fenced, screened enclosure area. The new ground
mounted equipment will be located within the existing fenced that currently screens the
ground mounted equipment for the existing provider. The site is located in the
Harmony Corridor zone district.
HEARING OFFICER DECISION: Approval
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020