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HomeMy WebLinkAbout~Master - Special Use Permit to allow a portable cellular tower at 1325 South Fourth StreetCITY OF AMES, IOWA ZONING BOARD OF ADJUSTME IN THE MATTER OF THE APPLICATION OF IOWA RSA 10, LLC, FOR A SPECIAL USE PERMIT, §§ 29.1307 and 29.1503, AMES MUNICIPAL CODE, TO ALLOW A PORTABLE CELLULAR TOWER ON THE PROPERTY LOCATED AT 1325 SOUTH FOURTH STREET FACTS CASE NO. 13-08 Q L H AUG - 2 2013 GEOCODE NO. 09-10-250-010 DECISION & ORDER The property at this address is a tract of undeveloped land immediately east of Squaw Creek and abutting the north side of South Fourth Street. It is zoned "A" (Agricultural). This location sits generally to the east of the Iowa State University Hilton coliseum and Jack Trice football stadium complex. In past years, because this site is open ground and is a short distance to the northeast of Jack Trice stadium, it has been used for overflow vehicular parking on football weekends. Those same football crowds put extraordinary demands on the cellular telephone network, which generally provides good coverage in the city. The major cellular communication providers are aware of this phenomenon and in the past have brought in additional equipment to supplement the existing network during the football season. This is done with portable trailer - borne towers, called cells -on -wheels or "COWs" in the industry. These have been placed in areas near the stadium just prior to the beginning of the football season and have usually been on ISU property. This year, ISU will not be able to reach agreement with all providers, leading them to search for alternative sites. The tower siting contractor working for Verizon was one of those searching for a location, and identified this site as a desirable location for a COW. Since this is a privately owned site, a Special Use Permit for a cellular communication facility is being sought for the company to locate its COW there through the duration of the football season. Their equipment will include a pneumatically operated tower that rises to a height of 28 feet. It is bare aluminum finish and will not be supported by guy wires. Its base is a trailer that also contains the associated electronic equipment for the tower, and there are electrical distribution lines in the area that will provide the power for the COW. The trailer will be parked at a fixed location for the season and it will be surrounded by a six foot tall wooden fence with gates. The trailer's location will be 125 feet from the nearest property line and will be accessed by a gravel drive. The applicant searched the vicinity for a suitable tall structure for collocation, but this search did not yield anything suitable. This tower will not itself support collocation. The proposed tower has been detennined to pose no hazard to air navigation. DIX"ISION The Board has heard and considered the evidence concerning this application in light of the 0 standards applicable to all Special Use Permits as well as those applicable to cellular cornniunication facilities. In this instance, the need for this supplemental tower is evident. The opportunities for collocation have been researched without SUCCeSS, bUt this proposed site is not near any other development, meets the setback requirements and will be in place only 1`6r the duration of the football season. The tower will he fenced. The tower does not create any need f61- PLIMIC infiraStrUCtUre and should not be disturbing as it is quite distant from inhabited StRICWT-eS. In light of the explanation that this will be temporary, the Board will adopt the Findings of facts and grant this permit based on the approved site plan with conditi i ions to assure it is not disruptive and that it does not become a permanent FIXUH-L without mectino additional requirements. ORDER WHEREFORE, IT IS ORDERED that the applicant is GRANTED a Special L.Jse Permit, sections 29.1307 and 29.1503 of the Ames Municipal Code, to allow a Portable Cellular Communications Tower, subject to the following condition: Z-� 1, The 170(11.11r-ed landscaping and paving he deferred Until May 1, 2014, provided that the I Z:� applicant submits an engineer's estimate of' probable cost of improvements that satisfies irnpi the City's development standards, and submits financial security in a fornx) acceptable to the City for that amount.. Said security would be Valid Until drawn upon by the City Or I-etUrFICd to the applicant, all for the property located at 1325 South FOLH-th Street. Any person desiring to appeal this decision to a court Of record may do so within 30 days after the filing of this decision. Done this 24th d',1Y OfRlly, 2013. ,mil BUrton Sandra Mc.lin.-isey ' � �Llrt Secretary to 111hic Board Acting Chair