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HomeMy WebLinkAboutA001 - Council Action Form dated December 17, 1996 ITEM#: DATE: 12/17/96 COUNCIL ACTION FORM SUBJECT: A PUBLIC HEARING TO CONSIDER AMENDMENTS TO CHAPTER 29, ZONING, OF THE MUNICIPAL CODE BY ENACTING A NEW AND ADDITIONAL SECTION FOR THE PURPOSE OF ESTABLISHING ADDITIONAL ZONING REGULATIONS PERTAINING TO TOWERS AND OTHER THINGS ASSOCIATED WITH PERSONAL WIRELESS COMMUNICATIONS SERVICES ACTION FORM SUMMARY: This is a recommendation to amend the current Zoning Ordinance to include regulations for telecommunication towers. This amendment would more effectively regulate the placement of telecommunication towers. Approval of the adoption of Option 3 to amend Section 29.45 of the Zoning Ordinance is recommended. BACKGROUND: During the summer of 1995, a lawsuit was filed against the City appealing the approval of an exception to allow the construction of a 185-foot cellular phone tower in the downtown area of Ames. The Zoning Board of Adjustment had no choice but to approve the tower since it was their belief that the tower met the requirements of the City's Zoning Ordinance. This development prompted the City Council to ask the planning staff to research the feasibility of an Ordinance to regulate telecommunication towers. On October 5, 1995, the planning staff presented to the City Council a report outlining the City's Zoning Ordinance as it pertained to towers. In that report, staff also stated that it would perform further research and present to Council a more extensive report concerning telecommunication towers at a later date. At the Council meeting of October 22, 1996, staff presented a report that outlined the history of wireless technology, recently adopted federal regulations regarding wireless technology, Ames' current regulations regarding wireless technology, and some examples of several techniques to regulate wireless technology. On November 12, 1996, staff submitted a report outlining four options that would improve the zoning authority of the City relative to telecommunication towers. The City Council selected option 3 as proposed and directed that this option be reviewed by the Planning and Zoning Commission prior to the City Council adopting this option as amendment to the Zoning Ordinance. a For purposes of review, staff has included the original outline of the proposed Option 3 to assist the City Council in understanding the content of the proposed amendment. Option 3 A. Definitions. For the purpose of this section, the following definitions shall apply: Antenna Height-- The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades of the cell site shall be used in calculating the antenna height. Antenna Support Structure -- Any tower or any other structure which supports a device used in the transmitting or receiving of radio frequency energy. Cell Site -- A tract or parcel of land that contains the wireless communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with and necessary for wireless communication transmission. B. Use Regulations. 1 . A cell site with antenna that is attached to an existing communications tower, smoke stack, water tower, or other tall structure, is permitted in all zoning districts. The height of the antenna shall not exceed the height of the existing structure by more than 20 feet. If the antenna is to be mounted on an existing structure, a full site plan shall not be required. 2. A cell site with antenna that is either not mounted on an existing structure, or is more than 20 feet higher than the structure on which it is mounted requires a Special Use Permit in all districts. 3. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the cell site, unless otherwise permitted in the zoning district in which the cell site is located. C. Procedural and Co-location Standards of Approval of Special Use Permits. 1 . The wireless communications company is required to demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system. 2 2. If the wireless communications company propose to build a tower (as opposed to mounting the antenna on an existing structure), it is required to demonstrate that it contacted the owners of tall structures within a one-quarter mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smoke stacks, water towers, tall buildings, antenna support structures of other wireless communications companies, other communications towers (fire, police, etc.), and other tall structures. The municipality may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure. 3. In addition, the issuance of a Special Use Permit for the installation of a wireless communication antenna must also meet all other existing regulations regarding wireless communication antennas as set out in section 29.45 of the Ames Zoning Ordinance. D. Standards of Approval of All Wireless Communication Antennae. 1 . Antenna Height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. 2. Setbacks From Base of Antenna Support Structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure or any guy anchors and any property line shall be the largest of the following: a. Fifty (50) percent of antenna height. b. The minimum setback in the underlying zoning district. C. Sixty (60) feet. 3. Antenna Support Structure Safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by the manufacturers. 3 4. Fencing. An opaque fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a maximum of six (6) feet in height and serve to screen the base of the structure and improve security. 5. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other wireless communications companies, and local police, fire, and ambulance companies. 6. The wireless communication company must demonstrate that it is licensed by the Federal Communications Commission. 7. Required Parking. If the cell site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift. 8. Antenna support structures should be painted in order to reduce the visual impact and create a harmonious appearance with its surroundings. 9. A full site plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access, and all other items required in the municipality's Zoning Ordinance. The site plan shall not be required if the antenna is to be mounted on an existing structure. 10. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations. PLANNING AND ZONING COMMISSION RECOMMENDATION: At the Planning and Zoning Commission meeting of December 4, 1996, the Commission reviewed this issue and recommended that the proposed ordinance amendment as proposed by Option 3 be approved with the following modifications. 1 . That a provision be included in the proposed amendment that would require that no change be permitted to the cell site including a change to the profile of the tower that may result from co-location without first having obtained a new Special Use Permit, which has been reviewed by the Planning and Zoning Commission and Zoning Board of Adjustment. 4 2. That any additional antenna that may be attached to the tower as a result of co-location prove that the tower is structurally sound as evidenced by engineering data and certification. 3. That any tower which ceases to function as a support for a wireless communication antenna for a period of one year be removed from the site. STAFF COMMENTS: Staff believes the additional provisions as recommended by the Planning and Zoning Commission improve the effectiveness of the proposed ordinance and also recommend that the City Council adopt this proposed amendment. A copy of the proposed amendment, which included the provisions as recommended by the Planning and Zoning Commission, is attached for review by the Council. ALTERNATIVES: 1 . The City Council can approve the proposed amendment to the Zoning Ordinance for wireless communication towers as recommended by the Planning and Zoning Commission. 2. The City Council can deny approval of the proposed ordinance amendment as recommended by the Planning and Zoning Commission. 3. The City Council can table action on this proposed amendment and refer this issue back to staff for additional information. RECOMMENDED ACTION: It is recommendation of the City Manager that the City Council adopt Alternative #1 This will approve the proposed amendment to the Zoning Ordinance as recommended by the Planning and Zoning Commission. This will complete the revisions to the Zoning Ordinance that address how wireless communication towers are located in the City of Ames. Attachment h\bpo\caf\towers.d 17 5