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HomeMy WebLinkAboutPAVILION SHOPPING CENTER (4366 S. COLLEGE) WTE, CRICKET - PDP - 21-00B - DECISION - FINDINGS, CONCLUSIONS & DECISIONk4o \[L-A I Le-1-405 f j Exrc� c -L-7 RIO-CJ41 �cv-"kos --P M--- Wke�j oe�jkz"'JT 7M S. upi 7 ca t Fted , If 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