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HomeMy WebLinkAboutA8 ITEM# DATE: 01/14/15 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT CASE FILE NO.: ZBA-14-34 DATE PREPARED: January 9, 2015 APPLICATION FOR VARIANCE: To allow the construction of a cell tower that does not meet the minimum required side yard setback of sixty feet from the east property line. The applicant proposes a side yard setback from the east property line of twenty-two feet six inches. APPLICANT: Selective Site Development (SSD) and Verizon Wireless LOCATION: 310 S. 17th Street (See Attachment A) ZONING: Highway Oriented Commercial (HOC) BACKGROUND: Nathan Miller, 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 cell tower and associated equipment structure. (see related separate request for a Special Use Permit on the same agenda) The applicant requests a variance to the required 60-foot setback of the cell tower to east property line. Boundaries of the lease area measure 80 feet on the north, 85 feet on the west, 91.57 feet on the south, and 36 feet on the east. 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. 17th Street, to be used by maintenance vehicles to access the cell tower and equipment shelter. An 8-foot 1 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 LAWS: Chapter 29, Section 29.1307(7)(d) of the Municipal Code states the following: "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 the antenna height; (i i) The minimum setback in the underlying Zone, or; (iii) 60 feet." In this instance, sixty (60) feet is larger than the setback computed by using 50% of the antenna height, which is forty-five (45) feet for ninety (90) foot tower and is larger than the setback of the underlying zone, which is five (5) feet from the side lot line, ten (10) feet from the rear lot line, and twenty (20) feet from the front lot line. VARIANCE CRITERIA: Ames Municipal Code, Section 29.1504(4) states that "a variance shall be granted only if all of the following standards are satisfied:" (a) The granting of the variance shall not be contrary to the public interest. (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. (i i) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. (iii) The use to be authorized by the variance will not alter the essential character of the locality. (c) The spirit of the ordinance shall be observed even when the variance is granted. (d) Substantial justice shall be done as a result of granting the variance. 2 i BASIS OF PETITION: The applicant has submitted responses to the variance criteria. See the attached supporting information prepared by the applicant as part of the "Variance Application Packet". Portions of this information in addition to the staff findings are summarized below. FINDINGS OF FACTS & CONCLUSIONS: Staff makes the following findings of facts and conclusions for each of the six criteria: (a) The granting of the variance shall not be contrary to the public interest. FINDING: The proposed location of the cell tower site is on the southern portion of the property adjacent to the west-bound entrance ramp from Duff Avenue onto Highway 30. The applicant is proposing to construct a 90-foot high monopole on which two additional providers can be accommodated. An equipment shelter (11'-6"' by 29'-5'/z") would be located inside the lease area for the monopole, enclosed by an 8-foot high wood fence. The property is currently vacant and abuts an existing commercial use to the east, and a vacant commercial property to the west. The majority of the subject property would remain as vacant north of the cell tower lease area, and available for future commercial development (see attached "Overall Site Plan, Sheet A-1'). The location of the tower on the property, the vacant portion of the subject property located north of the tower site, the vacant parcel to the west, and the open area on the developed commercial site to the east allows for high visibility from Highway 30 to the south of-the site. CONCLUSION: The intent of the code for the location of a cell tower on a property requires a substantial setback for not only safety purposes in the event of a failure of the tower, but also for the purpose of buffering and screening surrounding land uses from the visual impact of the use. The use itself when appropriately separated from sensitive area is in the public interest due to its contribution of improved communication options for the public. Staff believes that the request does meet this standard. 3 r (b) That without granting of the variance, and due to special conditions, a literal enforcement of the ordinance will result in unnecessary hardship. Unnecessary hardship exists when: (i) The land in question cannot yield a reasonable return if used only for a purpose allowed in the zone. FINDING: The proposed cell site is located in an area of the community that is zoned as "HOC" (Highway Oriented Commercial). The subject property consists of vacant land zoned properly for a wide range of commercial uses and sized at approximately 0.79 acres. The proposed lease area, for the cell tower and equipment shelter, occupies approximately 13.50 percent of the lot. The remaining 86.50 percent of the lot is a viable location for future commercial development, which provides the property owner with the opportunity to secure a return on the vacant area of the subject property without use of the remaining area for the proposed cell tower. CONCLUSION: To meet this standard, the property owner must show that all beneficial use and enjoyment of the property would be lost and that the property could not be used for any purpose, if the variance is not granted. That standard cannot be met, since the property is a viable vacant commercial site, zoned for a wide range of commercial uses, and is available for development. Staff believes that the request does not meet this standard. (ii) The plight of the owners is due to unique circumstances and not to the general conditions in the neighborhood. FINDINGS: The width of the subject property is 90 feet, which makes it impossible to meet the minimum setback required to both the east and west of the proposed cell tower. CONCLUSION: Although the width of the lot is a circumstance that contributes to the problem of providing the minimum required setback of 60 feet, the property owner created the lot through a Plat of Survey. The lot conforms to HOC zoning standards and is not of a unique size as it would allow for a commercial building and parking to be built on the site. In addition, the property owner has the option of adjusting the location of the property line between the lots at 310 and 300 S. 17t" Street, or combining the two lots into one, through approval of a Plat of Survey by the City Council. A larger parcel would allow for the cell tower to be located in manner consistent with the minimum required setback of 60 feet. Staff believes that the request does not meet this standard. 4 (iii) The use to be authorized by the variance will not alter the essential character of the locality. FINDING: The proposed location of the tower is presently vacant, and is within an area of the community zoned for and occupied by commercial businesses. Vacant commercial properties abut the site to the west and across S. 17th Street to the north. The commercial property to the east is presently occupied by a commercial use. The 90-foot height of the proposed tower is significantly higher than any other commercial structure in this area of the community. The Highway 30 west-bound on ramp from Duff Avenue abuts the property to the south, allowing for high visibility of the tower by motorists on Highway 30. The applicant notes that "commercial wireless communication facilities are desired in commercial and industrial zones to fit in with already existing aesthetics of the surrounding area." The applicant also states that "the desired location close to Highway 30 fits the same mold as the other personal wireless communication facilities found along the major highways throughout the city of Ames." CONCLUSION: As noted previously the proposed location of the cell tower allows for high visibility of the tower from Highway 30, south of the proposed cell tower site. There is only one other cell tower that has been constructed on property in the Highway 30 corridor, between the 1-35/Highway 30 interchange and the western corporate limits of the Ames. This other cell tower is located outside of Ames, southwest of the Highway 30/South Dakota Avenue interchange near the east bound off ramp. City staff is not aware of any other cell towers located along highways that pass through Ames, as asserted by the applicant. Under these circumstances, Staff finds that the tower without the minimum setbacks would be inconsistent with it surroundings for this type of use and it does alter the surrounding character of the area. Staff believes that the request does not meet this standard. (c) The spirit of the Ordinance shall be observed even when the variance is granted. FINDING: The Zoning Ordinance, Section 29.1307(7)(d) of the Municipal Code, requires a minimum setback of 60 feet for the proposed 90-foot tall cell tower. The height of the tower and the dimensions of the property do not allow for the proposed tower to meet the minimum dimensions from the tower to the east property line, without adjusting the location of the east property line of the subject property. The applicant believes the intent is met without adjusting the line as the impact of the reduced setback is currently to the same property owner of the subject site and the eastern site. 5 CONCLUSION: While the City does promote, in general, use of commercial sites for providing cell towers and allowing for the use would be generally consistent with this interest, non-compliance with the setback requirement and the project's inconsistency with the site context and character do not support the request as meeting the spirit of the ordinance. For these reasons, staff believes that the request does not meet this standard. (d) Substantial justice shall be done as a result of granting the variance. FINDING: The applicant has noted that "this location is highly desirable based on rigorous efforts made by radio frequency engineers predicting future bandwidth and cell capacity issues within a close proximity to the property." The proposed location is zoned as "HOC", which allows the construction of cell towers upon approval of a Special Use Permit by the Zoning Board of Adjustment. CONCLUSION: In this circumstance the setback for a tower creates a challenge to locating the use on this site. The City's standards do not allow for the cell towers to be located on narrow or small sites due to the minimum 60-foot setback in all circumstances. However, the site has not been deprived of its economic use by the tower setback standard as other uses are available for the site and there are other larger properties in the general area, therefore granting the variance does create substantial justice for the land owner or the applicant. For these reasons, staff believes that the request does not meet this standard. ALTERNATIVES: 1. The Zoning Board of Adjustment may approve this request for a variance to reduce the required side and rear setbacks for the construction of a new cell tower, if it makes findings that support the criteria. 2. The Zoning Board of Adjustment may deny this request for a variance to reduce the required side and rear setbacks for the construction of a new cell tower, based upon the above findings and conclusions. 3. The Zoning Board of Adjustment may table this variance and seek further information from the applicant or from staff. 6 DEPARTMENT RECOMMENDATION: It is the conclusion of City staff, based upon an analysis of the applicant's proposal to construct a cell tower on the property located at 310 S. 17th Street, that the findings do not support the criteria that must be met for the Zoning Board of Adjustment to grant a variance to the minimum required setback of cell tower from the east property line. Therefore, it is the recommendation of the Planning and Housing Department that the Zoning Board of Adjustment act in accordance with Alternative #2, which is to deny this request for a variance to reduce the side yard setback for the property, at 310 S. 17t Street, for the construction of a cell tower, based upon the above findings and conclusions. 7 Attachment A Location Map t g 4 - -r :an o a � 1 4 , Subject Property .. x 1 $4TTH'SS —S�9TrH Miff- Ty� ✓,�..?' ", 3 �q ,,� r x? � w � y 1 � �P Pz �w S• P .- s r r a 9 I - Location Map r - - 310 S. 17th Street 9 v Q 62 5 12 25:0 37 r Feet 8