HomeMy WebLinkAboutA5 ITEM #:
DATE: 01-14-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: January 9, 2015
CASE FILE NO.: ZBA14-30
REQUEST: Special Use Permit to allow a new cellular tower at 310 S. 171h Street
PROPERTY OWNER: Hickory Park, Inc.
CONTACT: Trevor Wood
LOCATION: 310 S. 17th Street
ZONING: "HOC" (Highway Oriented Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
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.
Trevor Wood, with Selective Site Consultants, representing Verizon Wireless, is seeking
to construct a new monopole cell tower on the property located at 310 S. 17th Street.
The new tower and associated equipment shelter would be located in a lease area
approximately 56 feet north of the southern boundary of the property. The southern
boundary of the site abuts the right-of-way for the Highway 30 on-ramp from Duff
Avenue (see Attachment A — Location Map).
The property at 310 S. 17th Street, is 90 feet wide, 402.56 feet deep along the west
property line, 355.58 feet deep along the east property line, and includes approximately
0.79 acres (34,412 square feet). The property has access from the south side of S. 171h
Street. The property is currently vacant with a few existing trees on the south portion of
the site.
The applicant proposes to lease a portion of the property as the site for construction of
the proposed 90-foot tall cell tower and associated ground equipment structure. The
cell tower is a monopole with antennas mounted on three sides. The antenna for
Verizon Wireless extend out 4 feet from the side of the monopole. The antenna for two
future carriers are shown as flush-mounted.
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The lease area for the cell tower site includes approximately 4,640 square feet. An
access easement, 20 feet wide, is located on the property abutting the east property
line, 300 S. 171" Street, to be used by maintenance vehicles to access the cell tower and
equipment shelter. An 8-foot high wood fence is proposed to identify the extent of the
lease area and for security of the facilities. Crushed stone is proposed to cover the
ground inside the fence of the lease area. Maintenance vehicles visiting the site would
park on concrete in a parking space to be constructed outside the fence, but inside the
lease area. The location of the electric meter and disconnects is shown north of the
lease area, outside the fenced area for service access.
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
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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.
(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;
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(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
approved, the following commercial zone standards must be satisfied for this
particular use on its proposed location:
(i) Be compatible with the potential commercial development and use of
property planned to occur in the area.
(ii) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
(iii) 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 of
Chapter 29 of the Municipal Code.
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 310 S. 17th Street. 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, a wireless communication facility, is allowed in the "HOC"
(Highway-Oriented Commercial) zoning district through approval of a Special
Use Permit by the Zoning Board of Adjustment.
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.
b. There are no tall structures within one-quarter mile of the proposed facility
to accommodate the 90-foot height needed to provide for the desired
coverage by the applicant.
c. The applicant has stated that the 90-foot height is the minimum antenna
height needed to accommodate development of a cell tower on the subject
property.
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d. The proposed 90-foot tower exceeds the maximum height of the
underlying HOC zoning, but may be allowed by approval of a Special
Use Permit.
e. The required minimum setback is 60 feet. The monopole (cell tower) is
set back a minimum of 60 feet from the north, west and south property
lines, and only 22.50 feet from the east property line. A variance has been
requested by the applicant, in conjunction with the application for a
Special Use Permit, to allow the 22.50-foot setback.
f. The City's Inspection Division will review the submitted exhibits and
determine that they meet the City standards for safety, prior to the
approval and issuance of any required permits.
g. Opaque wood fencing with gates is proposed.
h. The elevations for the tower on sheet A-3 indicate two locations for future
antennas.
i. The FCC license has been issued for Verizon Wireless.
j. This cell site is fully automated. The site plan indicates enough area to
allow for a parking space for a single maintenance vehicle to service the
site. There is a requirement that the parking space be paved with
asphalt, or concrete, to meet the minimum standards of the zoning code.
k. The applicant does not intend to paint the tower. The tower will be
finished in galvanized steel, which is a low-sheen, non-glare, long-lasting
outer material that does not require significant ongoing maintenance.
I. 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.
m. A "Determination of No Hazard to Air Navigation" has been received from
the Federal Aviation Administration stating that an aeronautical study has
been conducted, which revealed that the structure does not exceed
obstruction standards and would not be a hazard to air navigation.
However, it will be necessary for the property owner to provide the City
with a "Navigational Easement." to ensure consistency with future airport
operations.
3. Section 29.1503 "Special Use Permits" 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 is identified on the Land Use Policy Plan
Future Land Use Map as "Highway-Oriented Commercial." The proposed
location of the new cell tower, near the Highway 30 and Duff Avenue
interchange serving the Duff Avenue commercial corridor and Downtown,
is a very prominent and visible location. The Land Use Policy Plan (LUPP)
of the City of Ames addresses "Community Entries" to Ames. The LUPP
describes that each entry provides an opportunity to enhance the arrival
into Ames and to direct traffic in accessing major areas and activity
centers.
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A cell tower with flush-mounted antennas for all carriers using the
monopole, or a stealth tower that would enclose all antennas inside
the monopole, would be more appropriate design near a primary
entrance to the community than the current array designed proposed
for the tower.
b. The compound area will be fenced with a solid fence, proposed at a height
of eight (8) 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 the fenced area, with the exception of the electric
meters, for access by City personnel.
The cell tower is a monopole design with antennas mounted on three
sides. The antenna array for Verizon Wireless would extend out 4 feet
from each side of the monopole. The design also includes mounting of
supportive equipment on the pole near the antennas. The antenna for two
future carriers are shown as flush-mounted. A monopole with flush-
mounted antenna for all carriers on the tower or a stealth design would be
more harmonious in appearance with the existing and intended character
of the general vicinity, and minimize change to the essential character of
the area in which it is proposed.
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. The facility will emit no light, dust, or odors and will
generate two to four vehicle trips per month. Due to the tower height
exceeding that of the base zone, staff has concerns about its potential for
disruption to future airport operations. As such, a condition of approval
for a navigation easement prior to issuance of a building permit is
recommended with the special use permit.
d. There will be no additional public costs for public facilities or services to
accommodate the proposed use. The City is responsible for police and
fire coverage of the site. It is unknown what the demand for these services
might be.
e. The only impact to the existing infrastructure system is the delivery of fiber
and power to the site. The delivery of these services is paid for by the
applicant.
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.
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4. Commercial Zone Standards 29.1503(4)(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. There are three vacant parcels of land
near the proposed cell site location. One abuts the west property line of
the subject property, and the other two parcels are located directly to the
north, on the north side of S. 17t" Street. New development of the subject
property could occur on the land area outside the cell tower lease area.
b. The loss of commercial land to the community is not an issue with this
proposal since the area of the site to be leased for the cell site comprises
only 13.50 percent of the entire parcel.
c. The proposed location for cellular ground equipment is consistent with all
other applicable zoning standards if the requested variance is granted for
a reduced tower setback to the east property line.
5. Article 4, of Chapter 29 of the Municipal Code, describes development
standards that must be met.
a. Parking areas must be paved with asphalt or concrete. The applicant
proposes to add new pavement to the lease area which could provide the
parking space needed for maintenance of the site.
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 the potential disruption of
future airport operations and the need for a navigational easement, and the interest for
a monopole design of stealth of with flush-mounted antennas for all carriers on the
tower to be more harmonious in appearance with the existing and intended character of
the general vicinity as a gateway entry to the City.
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 variance from the minimum required setback for the proposed cell
tower, before the special use permit to allow the cell tower could be issued.
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 a variance is 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. A redesign of the
cellular tower cannot meet the zoning ordinance setback requirements for the current lot
width of the site
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ALTERNATIVES:
1. The Zoning Board of Adjustment may approve the Special Use Permit for a cell
tower with antennas at 310 S. 17th Street, based on the findings of fact and
conclusions stated herein, as detailed on the submitted Site Plan, if the required
setback variance is approved for the property, and with the following conditions:
a.) A "Navigational Easement", that meets the requirements specified by the City,
is recorded with the Story County Recorder's Office and a copy of the
recorded easement is provided to the City Clerk's Office, prior to the issuance
of any permits by the City's Inspections Division for installation of the cellular
facilities on the site.
b.) The cell tower will consist of a monopole with flush-mounted antennas not
exceeding a projection of 24 inches from the pole for all cellular carriers
locating on the cell tower, including Verizon and any other future carriers at
this site.
c.) The number of equipment and antenna installations shall not exceed four as
shown on the monopole elevation. Cabling and other similar wiring shall be
within the monopole or concealed along outer edge of the monopole.
2. The Zoning Board of Adjustment may deny the Special Use Permit for Cell Site with
Antenna at 310 S. 17th Street, 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 if the related variance is approved. In the event the
variance is denied, Staff recommends Alternative #2 as the project does not meet the
minimum standards of the zoning code.
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Attachment A
Location Map
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