HomeMy WebLinkAboutA9 ITEM #:
DATE: 08-27-14
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: August 14, 2014
CASE FILE NO.: ZBA14-18
REQUEST: Special Use Permit to allow anew cellular tower at 116 Beedle Drive
PROPERTY OWNER: Ronald Kinart
CONTACT: Ronak Desai, Creospan, Inc.
LOCATION: 116 Beedle Drive
ZONING: "HOC" Highway Oriented Commercial
BACKGROUND AND PROJECT DESCRIPTION:
Ronak Desai, with Creospan, Inc., representing AT&T, is seeking to place a new
monopole cell tower at the property located at 116 Beedle Drive. The proposed tower is
identified as a "stealth" tower, meaning the antennas are mounted on the interior of the
monopole. The new tower and equipment shelter will be located at the northeast corner
of the property. The site is shown on Attachment A.
The proposed location of the tower is at 116 Beedle Drive, which is a property that is
zoned HOC (highway Oriented Commercial). The property is approximately 161feet
wide by 221 feet in depth. The property currently contains a car wash and Budget
Truck rental facility. A lease area of 20'-6" by 20' is proposed with a 20 foot access and
utility easement along the north property line. A 6-foot wood fence is proposed to
identify the extent of the lease area and for security of the tower and equipment shelter.
The applicant is proposing to pave the area within the leased area which is currently
gravel on the site. The location of the electric meter and disconnects is shown east of
and outside the fence area for service access.
Staff notes that a corresponding variance request is also pending for the project. Staff
has recommended denial of the variance request, but has approached the Special Use
Permit application independent of the variance recommendation. In the event that the
Zoning Board of Adjustment denies the related variance, the proposed Special
Use Permit may not be approved as it will not comply with zoning requirements.
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APPLICABLE LAW:
Specific criteria and design standards for wireless communication facilities are found in
Section 29.1307.
(7) Standards for Special Use Permit. The following standards and procedures, in addition
to those contained in Section 29.1503, shall apply to the issuance of a Special Use Permit
for a cell site with antenna:
(a) Necessity. The wireless communications company shall demonstrate, using
technological evidence,that the antenna must be located where it is proposed in
order to satisfy the antenna's function in the company's grid system.
(b) Co-location Effort. If the wireless communications company proposes to build a
tower (as opposed to mounting the antenna on an existing tall structure), it shall
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 tall structures, and was denied for reasons other than failure to agree on
compensation. The Zoning Board of Adjustment may deny the permit if it
concludes that the applicant has not made a good faith effort to mount the antenna
on an existing tall structure.
(c) Antenna Height. The applicant shall demonstrate, to the reasonable satisfaction of
the Zoning Board of Adjustment, that the antenna is the minimum height required
to function satisfactorily. No antenna that is taller than this minimum height shall
be approved.
(d) Setbacks from Base of Antenna Support Structure. The minimum distance
between the base of the support or any guy anchors and any property line shall be
the largest of the following:
(i) 50% of antenna height;
(ii) The minimum setback in the underlying Zone; or
(iii) 60 feet.
(e) Antenna Support Structure Safety. The applicant shall demonstrate, to the
reasonable satisfaction of the Zoning Board of Adjustment,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.
(f) Fencing. An opaque fence constructed of wood or masonry material, or other
substantial material, that is consistent with the existing structures on the proposed
site and approved by the Zoning Board of Adjustment, shall be installed around
the antenna support structure and other equipment unless the antenna is mounted
on an existing structure.
(g) Co-location. 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.
(h) FCC License. The wireless communication company shall provide proof that it is
licensed by the Federal Communications Commission.
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(i) 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.
(j) Painting. Antenna support structures should be painted in such a manner as to
reduce the visual impact and create a harmonious appearance with its
surroundings.
(k) Site Plan. A full site plan shall be required for all cell sites, showing the antenna,
antenna support structure, building, fencing, buffering, and access.
(1) Air Safety. Support structures 200 feet in height or taller, or those near airports,
shall meet all Federal Aviation Administration regulations.
In addition, Chapter 29, Section 29.1503(4)(a), (c) and (e) of the Municipal Code states
the following:
(4) Review Criteria. Before a Special Use Permit application can be approved, the Zoning
Board of Adjustment shall establish that the following general standards, as well as the
specific standards outlined in subsection (b) below, where applicable, have been or shall
be satisfied. The Board's action shall be based on stated findings of fact. The conditions
imposed shall be construed as limitations on the power of the Board to act. A mere
finding that a use conforms to those conditions or a recitation of those conditions,
unaccompanied by specific findings of fact, shall not be considered findings of fact for
the purpose of complying with this Ordinance.
(a) General Standards. The Zoning Board of Adjustment shall review each
application for the purpose of determining that each proposed use meets the following
standards, and in addition, shall find adequate evidence that each use in its proposed
location will:
(i) Be harmonious with and in accordance with the general principles and
proposals of the Land Use Policy Plan of the City;
(ii) Be designed, constructed, operated, and maintained so as to be
harmonious in appearance with the existing or intended character of the
general vicinity and that such a use will not change the essential character
of the area in which it is proposed;
(iii) Not be hazardous or disturbing to existing or future uses in the same
general vicinity;
(iv) Be served adequately by essential public facilities and services such as
highways, streets, police, fire protection, drainage structure, refuse
disposal, water and sewage facilities, and/or schools;
(v) Not create excessive additional requirements at public cost for public
facilities and services;
(vi) Not involve uses, activities, processes, materials, equipment or conditions
of operation that will be detrimental to any person, property or general
welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare, or odors; and
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
(c) Commercial Zone Standards. Before a Special Use Permit application can be
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approved, the following commercial zone standards must be satisfied for this
particular use on its proposed location:
(a) Be compatible with the potential commercial development and use of
property planned to occur in the area.
(b) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
(c) Be consistent with all other applicable standards in the zone.
(e) Conditions. The Board may impose such additional conditions it deems necessary
for the general welfare, for the protection of individual property rights, and for
ensuring that the intent and objectives of this Ordinance will be observed.
Any development in the City is also subject to the Development Standards of Article 4.
PUBLIC COMMENTS:
Notification was made to all owners of property within 200 feet. In addition, a notice of
public hearing was placed on the property at 116 Beedle Drive. As of this writing, no
comments have been received.
FINDINGS OF FACT & CONCLUSIONS:
Based upon the project description and the submitted site plan and additional material,
the following findings of fact and conclusions may be made.
Findings:
1. The proposed use is allowed in the Highway Oriented District.
2. Section 29.1307 provides criteria for wireless communication facilities.
a. The applicant has provided computer modeling information to determine
the best location area for the tower. This site was chosen as the best fit
over two other identified properties which are zoned residential.
b. The closest existing cell tower in this area is located at 115 S. Dakota
Avenue, which is also a stealth tower. It has been determined that there is
no space for co-location on that structure.
c. The applicant has stated that this height allows for the minimal coverage
needed.
d. The tower is set back approximately 7 feet from the nearest property line
to the north, and approximately 24 feet to the rear property line to the east.
The required minimum is 75 feet.
e. The City's Inspection Division has reviewed the submitted exhibits and
finds that they meet City standards for safety.
f. Opaque wood fencing with gates is proposed.
g. The elevations for the tower on sheet T-1 indicate a single location for
future antennas.
h. The FCC license has been issued for AT&T.
i. This cell site is fully automated. The site plan indicates enough area to
allow for space for a single maintenance vehicle to service the site. The
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access to such area will be required to be paved by the zoning code.
j. The tower will be bare aluminum.
k. A full site plan has been submitted that clearly shows the tower and
antenna location, equipment and compound area, fence location, and
access to the site. In addition, the applicants have submitted elevation
drawings of the proposed monopole and equipment area in relation to the
existing site.
I. This item is not applicable for the height of the proposed tower.
3. Section 29.1503 provides criteria for all uses in any zone.
a. The location of cell sites is not specifically addressed in the Land Use
Policy Plan of the City. This area as identified on the Land Use Policy
Plan is an area split between both the High Density Residential and
Highway Oriented Commercial designations of the plan. The property is
already zoned Highway Oriented Commercial. The location of the tower
and equipment at the northeast corner of the commercial property is
surrounded by abutting commercial uses to the north and east, however
the property itself is abutting residential uses to the south and west across
Beedle Drive.
b. The compound area will be fenced with a solid fence, proposed at a height
of six (6) feet, which will screen from view the general equipment of the
shelter and the base of the proposed monopole. All equipment is shown
to be located within a shelter, with only the HVAC units mounted to the
exterior of the structure.
c. The proposed cellular equipment should not be hazardous or disturbing to
existing or future uses in the area. The monopole will meet recognized
engineering standards and will meet wind and ice loading criteria for this
part of the country. This property will be maintained on a regular basis.
The improved cellular service as a result of this tower location will be a
benefit to the entire community.
d. There will be no additional public costs for public facilities or services to
accommodate the proposed use.
e. The City is responsible for police and fire coverage of the site. It is
unknown what the demand for these services might be.
f. The only traffic to the site will be maintenance trips, and there will be no
noise, smoke, fumes, glare, or odors as result of this use.
g. A cell tower is a permitted use in the Highway Oriented Commercial zone
subject to approval of a Special Use Permit by the Zoning Board of
Adjustment.
4. Commercial Zone Standards 29.1053(c).
a. The existing cell site is zoned HOC (Highway Oriented Commercial). This
zone allows personal wireless communication facilities as a land use, with
approval of a Special Use Permit. The area is built out, except for a parcel
of land to the east of the current cell site. New development of the subject
property would involve the removal or reuse of the existing car wash and
truck rental structures. The redevelopment potential of this commercial
property will most likely not be affected by the addition of an area on the
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site for cellular equipment. Staff believes the proposed location for cellular
equipment is compatible with the potential commercial use of property.
b. The loss of commercial land to the community is not an issue with this
proposal since it is a small parcel of land that likely would not be used in
the future for any other commercial use.
c. The proposed location for cellular ground equipment is consistent with all
other applicable standards in the zone.
5. Article 4 describes certain other development standards that must be met.
a. Parking areas and driveways must be paved with asphalt or concrete. The
applicant proposes to add new pavement to the lease area which could
provide the parking space need for maintenance of the site, however, Staff
would note the proposed access easement shown for the tower site does
not include a complete paved access to the tower and equipment. Such
pavement will need to be provided.
b. Landscape screening between all parking areas and adjacent properties
and rights-of-way is required. Currently no vegetation is proposed as part
of the screening for the tower.
Conclusion:
City staff has reviewed the information submitted by the applicant. In most respects,
staff concludes that the criteria of Section 29.1307 and Section 29.1503 and the
development standards of Article 4 have been met, except in regard to the required
setbacks for a cell tower, required pavement and landscaping for site.
The Board does not have the right to waive any of the standards of the zoning
regulations. In this instance, the site plan submitted for the new cell tower will require
the approval of a variation of the setbacks of the zoning code before the special use
permit could be issued. The site plan will also need to indicate pavement of a complete
drive aisle identified within the proposed access easement for the site.
If the Zoning Board has determined that the request for variance meets the minimum
standards, then the requested special use permit can be approved, however, if the
application for variation was denied, the Zoning Board has the option to either deny the
application for Special Use Permit for the proposed Cell Tower because the Site Plan
does not meet the minimum requirements of the Zoning Code or, the Zoning Board
could continue to the application to some furture meeting to allow the applicant to revise
the Site Plan to meet the minimum code standards before the Special Use Permit is
approved.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve the Special Use Permit for a Cell
Tower with Antennas at 116 Beedle Drive based on the findings of fact and
conclusions stated herein, as detailed on the submitted Site Plan, if the required
setback variations are approved for the property, and with the following conditions;
a.) a fully paved access drive be installed to the cell tower lease area, and
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b.) the required landscape screening be installed for the parking area required for
the cell site
2. The Zoning Board of Adjustment may deny the Special Use Permit for Cell Site with
Antenna at 116 Beedle Drive if the Board finds and concludes:
a. that the proposed Special Use Permit is not consistent with adopted policies
and regulations, or
b. that the Special Use Permit will impose impacts that cannot be reasonably
mitigated, or,
c. that the proposed site plan does not meet the minimum standards of the
zoning code.
3. The Zoning Board of Adjustment may continue this request to a future meeting of the
ZBA for a Special Use Permit for Cell Site with Antenna to allow the applicant to
revise the site plan to meet all minimum standards of the zoning code.
RECOMMENDED ACTION:
Based upon the Findings of Fact and Conclusions above, it is the recommendation of
the Department of Planning and Housing that the Zoning Board of Adjustment act in
accordance with Alternative #1.
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