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Home My WebLink AboutKING SOOPERS (CEDARWOOD) WTE COLOCATION - BDR - 38-06/B - DECISION - CORRESPONDENCE-HEARINGDavid Born 3131 Vaughn Way Aurora, CO 80014 Kelly Harrison 1917 Lowell Blvd Denver, CO 80204 ADMINISTRATIVE HEARING PROJECT Uz, Zzw Co - LoCafe �evc� DATE �fiofo� C04 Type 1 Hearing Process: Welcome to the Administrative Hearing for the King Soopers Telecom Wireless Equipment Co - location PDP #38-06B. Read here the project description. We have a sign up sheet which is being passed around, so please make sure you fill out the requested info. Before we get into discussion of the application, let me first ask, Anne have the notice requirements of the Code been met? � -P 5 Let me take a couple of minutes to explain the process we'll be following for today's meeting. - Staff has already provided me with a written staff report regarding the project. I will first ask staff to make a presentation explaining the nature of the development application. - The applicant will then be given opportunity to present any relevant information that the applicant deems appropriate. - Staff will then be allowed to respond to any information presented by the applicant. - Public testimony will then be accepted. - The applicant may then respond to any public testimony made. - Lastly, staff may then respond to public testimony or to the applicant's response to the public testimony. At the conclusion of all this, the public hearing will be closed. I will then consider the application, the sta repGort, and thece and testimony presented today and will issue a written decision to approve, apve conditions, or deny the application based on its compliance with the applicable standards of the LUC. The decision will be mailed to the applicant and to anyone who provided testimony at today's hearing. Id- - A� ' eK)sf:Ky i✓ees ' ih�� a� cv� Z-a — /+1AY add;troKd eoe-�-��a'-`�`�7°�'._" ro- a�u"rl / 44-�e t 1,,,k f S d Kin-, Soopers Cedarwood WTE Co-,- ,ation PDP Administrative Hearing Finding, Conclusions, and Decision July 10, 2008 Page 5 of 5 SUMMARY OF CONCLUSIONS A. The King Soopers (Cedarwood) Telecommunication Wireless Equipment Co -location Project Development Plan is subject to administrative review and the requirements of the Land Use Code (LUC). B. The King Soopers (Cedarwood) Telecommunication Wireless Equipment Co -location Project Development Plan complies with all applicable district standards of Section 4.23 of the Land Use Code, (NC) Neighborhood Commercial District. C. The King Soopers (Cedarwood ) Telecommunication Wireless Equipment Co -location Project Development Plan complies with all applicable General Development Standards contained in Article 3 of the Land Use Code. A condition has been added to the application to ensure compliance with the Building and Project Compatibility standards found in Section 3.5.1(J). DECISION The King Soopers (Cedarwood) Telecommunication Wireless Equipment Co -location Project Development Plan #38-06B, is hereby approved by the Hearing Officer, subject to the following condition: The Applicant shall ensure that the generator located in the equipment building operates only between the hours of 9:00 a.m. and 5:00 p.m. Dated this 15th day of July 2008, per authority granted by Sections 1.4.9(E) and 2.1 of the Land Use Code. //I/� Peter Barnes Zoning Administrator I J• King Soopers Cedarwood WTE Cu _.,cation PDP Administrative Hearing Finding, Conclusions, and Decision July 10, 2008 Page 4 of 5 Staff did not receive any phone calls or emails about this proposal. The federal Telecommunications Act of 1996 restricts municipalities' ability to deny telecommunications equipment. A municipality may not deny a wireless facility because it does not want such development in the community or because of concerns about negative health consequences from radiation emitted by wireless facilities. Cities can stipulate in which zone districts wireless facilities are permitted. Fort Collins allows wireless telecommunications facilities only in zone districts which are primarily commercial, industrial or in public open lands. The Cedarwood Plaza site was annexed into the City between 1955 and 1964. As far back as records show, in 1965, this site was zoned D—Commercial. Aside from the gas station and what is now the Farmer's Table restaurant, the shopping center was built after the single family houses to the southwest of the parcel, though it was platted at the same time as the residential lots. The property was rezoned BL—Limited Business in 1976. In 1997, with the change to City Plan and the Land Use Code, the parcel was zoned NC —Neighborhood Commercial. 2. Compliance with Article 4 and the NC Zoning District Standards: The Project Development Plan complies with all applicable requirements of Article 4 and the NC Zoning District. Wireless telecommunication facilities are permitted in the Neighborhood Commercial District, subject to an Administrative Review. The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with Article 4 or the NC District Standards. 3. Compliance with Article 3 of the Land Use Code — General Development Standards The Project complies with Section 3.5.1 (Building Standards) and Section 3.8.13 (Wireless Telecommunication). The Staff Report summarizes the PDP's compliance with these specific standards and no specific evidence was presented to contradict the statements and conclusion of the staff report concerning compliance with this section. No property owners within the immediate vicinity expressed concerns about the Project's impact on the neighborhood. King Soopers Cedarwood WTE Co -,.,.ration PDP Administrative Hearing Finding, Conclusions, and Decision July 10, 2008 Page 3 of 5 From the Public: None Written Comments: None i The Hearing Officer asked the applicant if any noise is generated from the equipment building. The applicant responded that there is a diesel generator which is on for approximately 15 minutes per week. FACTS AND FINDINGS 1. Background The surrounding zoning and land uses are as follows: N: NC —Neighborhood Commercial District (existing offices immediately to the north, Ram's Pointe and Ram's Park apartments across Elizabeth, with MMN- Medium Density Mixed Use Neighborhood District (multi -family residential) beyond; E: NC —Neighborhood Commercial District (King Soopers grocery/Cedarwood Shopping Center) with RL — Low Density Residential District (residential neighborhoods) beyond; S: RL — Low Density Residential District (single family residential) W: MMN-Medium Density Mixed Use Neighborhood District (multi -family residential). The proposed Verizon Wireless equipment co -location includes equipment with a stealth sheath configuration to be located below T-Mobile's similar array on the same approved pole plus fenced ground -mounted equipment just to the northwest of the pole, across the service aisle. A neighborhood meeting was required for the T-Mobile project because the facility was proposed to be more than 40 feet high (50) in order to accommodate the then future co -location. The neighborhood meeting was held as a part of T-Mobile's development review process on Monday, August 20, 2007 but included information about the Verizon co -location. Several neighbors attended that meeting. Notes from the meeting were sent subsequently to several other neighbors. King Soopers Cedarwood WTE Co ..,cation PDP Administrative Hearing Finding, Conclusions, and Decision July 10, 2008 Page 2 of 5 King Soopers grocery store. The site is located south of Elizabeth Street and west of Taft Hill Road. SUMMARY OF HEARING OFFICER DECISION: Conditional Approval ZONING DISTRICT: NC — Neighborhood Commercial STAFF RECOMMENDATION: Approval NOTICE OF PUBLIC HEARING: Evidence presented to the Hearing Officer established no controversy or facts to refute 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 5:05 p.m. on July 10, 2008 in the Community Room, 215 N. Mason Street, 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 applicant's representatives to the City of Fort Collins; and (3) a tape recording of public testimony provided during the hearing. The LUC, the City's Comprehensive Plan (City Plan), and the formally promulgated policies of the City are all considered part of the evidence considered by the Hearing Officer. The following is a list of those who attended the meeting: From the City: Anne Aspen, City Planner From the Applicant: Kelly Harrison David Born CITY OF FORT COLLINS ADMINISTRATIVE HEARING OFFICER TYPE I ADMINISTRATIVE HEARING FINDINGS, CONCLUSIONS AND DECISION ADMINISTRATIVE HEARING DATE PROJECT NAME: CASE NUMBER: APPLICANT: •H► HEARING OFFICER: PROJECT DESCRIPTION: July 10, 2008 King Soopers (Cedarwood) Telecom Wireless Equipment Co -location, Project Development Plan 1.: Kelly Harrison Closser Consulting, representing Verizon 1917 Lowell Blvd. Denver, CO 80204 David Born Verizon Wireless Robert Perry and Associates 6500 S. Quebec St., Suite 300 Englewood, CO 80111 Peter Barnes City of Fort Collins Zoning Administrator The Applicant has submitted a Project Development Plan (referred to herein as the "Project" or the "PDP) requesting approval to co -locate Verizon stealth wireless telecommunication equipment on an approved T-Mobile 50-foot tall wireless monopole on the northwest corner of the Cedarwood Plaza building in a grassy area just off the service drive aisle, behind the