HomeMy WebLinkAboutResolution 31, 2021
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31 Series of 2021
TITLE: A RESOLUTION APPROVING A SPECIAL USE PERMIT AND HEIGHT VARIANCE TO ALLOW A NEW FREESTANDING COMMERCIAL MOBILE RADIO SERVICE (CMRS) FACILITY ON PROPERTY ZONED RESIDENTIAL-TWO (R-2) AND
LOCATED AT 7500 W. 29TH AVENUE (CASE NOS. SUP-21-01 & WA-21-02 / CITY HALL CELL TOWER) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of CMRS facilities; and,
WHEREAS, the existing CMRS facility has structural deficiencies; and, WHEREAS, there is a public interest in retaining continuity of communication infrastructure; and,
WHEREAS, an application for a new freestanding CMRS facility was received from Black & Veatch, on behalf of AT&T, to replace the existing freestanding CMRS facility located at 7500 W. 29th Avenue in the Residential-Two (R-2) zone district; and,
WHEREAS, all referral agencies have reviewed the request and can serve the property; and, WHEREAS, the City Council has conducted a public hearing complying with all public notice requirements as required by Section 26-109 of the Code of Laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: A NEW FREESTANDING COMMERCIAL MOBILE RADIO SERVICE (CMRS)
FACILITY FOR PROPERTY ZONED RESIDENTIAL-TWO (R-2) LOCATED AT 7500 W. 29TH AVENUE IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 of the Code of Laws.
2. The proposed Special Use Permit and variance has been found to comply with the “criteria for review” in Section 26-114.D and Section 26-115.C of the Code of Laws. 3. The proposed freestanding CMRS facility has been found to comply with the supplementary regulations for new CMRS facilities in Section 26-615 of the Code
of Laws. And, with the following conditions:
1.The applicant must apply for building permits for the temporary CMRS facilitieswith the Building Division.2.The applicant must apply for and obtain a demolition permit to remove the
existing freestanding CMRS facility and must obtain a building permit to install
the new facility with the Building Division with a color sample as part of the permitsubmittal.3.All temporary CMRS facilities must be removed within 30 days of the completionof the new tower.
4.The applicant must follow all applicable State and Federal regulations as they
pertain to the removal and installation of freestanding CMRS facilities.5.All cellphone carriers must execute new lease agreements with the City of WheatRidge for the new facility.6.Approval of the Special Use Permit for the freestanding CMRS facility runs with
the land and is approved only as an accessory use.
DONE AND RESOLVED by the City Council this 14th day of June 2021.
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Bud Starker, Mayor
ATTEST:
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Steve Kirkpatrick, City Clerk