HomeMy WebLinkAboutCINGULAR, TAFT HILL & ELIZABETH (CEDARWOOD PLAZA) WTF - PDP - 31-03A - DECISION - FINDINGS, CONCLUSIONS & DECISIONADMINISTRATIVE HEARING
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Cedarwood Plaza VVTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 6, 2006
Page 4 of 4
Evidence and testimony provided by the Applicant and substantiated by the staff
indicates that that the monopole has been sited, designed and painted in a
manner that will minimize visual impacts to surrounding properties. Stealth
technology has been employed that will make the structure less obtrusive than
the triangular antenna arrays typical of such wireless facilities. It appears, based
on this information, that the issue of visual impacts has been adequately
addressed to the satisfaction of the Hearing Officer.
Therefore, based on the evidence presented at the hearing, the Project complies
with Section 3.8.13 of the LUC.
The Project Development Plan also complies with all other applicable
requirements of Article 3. No evidence was presented to contradict the
statements and conclusion of the staff report concerning compliance or to other
refute the compliance with Article 3.
SUMMARY OF CONCLUSIONS
A. The Cingular Taft and Elizabeth (Cedarwood Plaza)- Wireless
Telecommunication Facility, Project Development Plan, is subject to
administrative review and the requirements of the Land Use Code (LUC).
B. The Cingular Taft and Elizabeth (Cedarwood Plaza)- Wireless
Telecommunication Facility satisfies the development standards of the C zoning
district.
C. The Cingular Taft and Elizabeth (Cedarwood Plaza)- Wireless
Telecommunication Facility complies with all applicable General Development
Standards contained in Article 3 of the Land Use Code.
DECISION
The The Cingular Taft and Elizabeth (Cedarwood Plaza)- Wireless Telecommunication
Facility #7-0231-03A, is hereby approved by the Hearing Officer without condition.
Dated this 17th day of March 2006, per authority granted by Sections
1.4.9(E) and 2.1 of the Land Use Code.
Cameron Gloss
Current Planning Director
Cedarwood Plaza WTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 6, 2006
Page 3 of 4
Written Comments:
None
FACTS AND FINDINGS
The surrounding zoning and land uses are as follows:
N: NC — Cedarwood Shopping Center
MMN- multi -family residential
S: RL — single family residential
E: NC — Farmer's Table Restaurant, detached single family residential east
of Taft Hill Road.
W: RL — single family residential
1. Compliance with Article 4 and the C Zoning District Standards:
The Project Development Plan complies with all applicable requirements of
Article 4 and the C Zoning District. 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 C District Standards.
2. Compliance with Article 3 of the Land Use Code — General Development
Standards
Pursuant to Section 3.8.13, the applicant is required to make a good faith effort to
co -locate wireless telecommunications facilities and equipment. Based on
testimony provided at the hearing by the applicant and corroborated by staff,
multiple attempts were made to secure an alternative roof -mounted facility or
equipment that is co -located with another provider.
While there was no direct testimony or evidence presented at the public hearing
to contradict the Project's compliance with these standards, the testimony of Ms.
Liz DiLeo identified concern that location alternatives were not pursued to the
maximum extent possible and that other location options might be feasible.
The Hearing Officer finds that the applicant made a good faith effort to co -locate
the wireless equipment or find a different location for the facility. While a
different location may be desired by some neighboring property owners, the
evidence seems to suggest that the applicant has exhausted all feasible options ;
therefore, there is no basis upon which the Hearing Officer could require an
alternative location.
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Cedarwood Plaza WTF, PDP
Administrative Hearing
Findings, Conclusions, and Decision
March 6, 2006
Page 2 of 4
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 4:00 p.m. on March 6, 2006 in Conference Room A at 281
North College Avenue, 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;
(3) a sign up sheet of persons attending the hearing; and (4) a tape recording of
discussion 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:
Mike Matzko
From the Public:
Liz DiLeo, 1037 Meadowbrook Road
John Staples, 1033 Briarwood Road
I
Community Planning and Environmental S,. vices.
Current Planning
Citv of Fort Collins
CITY OF FORT COLLINS
ADMINISTRATIVE HEARING OFFICER
TYPE I ADMINISTRATIVE HEARING
FINDINGS, CONCLUSIONS AND DECISION
ADMINISTRATIVE HEARING DATE: March 6, 2006
PROJECT NAME:
CASE NUMBER:
APPLICANT:
OWNER:
HEARING OFFICER:
PROJECT DESCRIPTION:
Cingular Taft and Elizabeth (Cedarwood
Plaza) Wireless Telecommunication
Facility, Project Development Plan
#31-03A
Mike Matzko
Matzko Consulting
P.O. Box 3600
Avon, CO 81620
Robert Perry and Associates
6500 S. Quebec St., Suite 300
Englewood, CO 80111
Cameron Gloss
Current Planning Director
This is a request to install a 47-foot tall freestanding wireless telecommunication
monopole at 1015 S. Taft Hill Road. The pole will be located southeast of the
Cedarwood Plaza building, adjacent the service drive, and behind the Farmer's Table
restaurant. The antennas are housed within a "canister -style" screen.
SUMMARY OF HEARING OFFICER DECISION: Approval
ZONING DISTRICT: C — Commercial Zoning District.
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6750 • FAX (970) 416-2020