HomeMy WebLinkAboutA6 ITEM #:
DATE: 06-10-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: June 5, 2015
CASE FILE NO.: ZBA-15-05
REQUEST: Special Use Permit to allow a new cellular tower at 600 S. Maple Avenue
PROPERTY OWNER: City of Ames
APPLICANT: Verizon Wireless, represented by Michael Howley of Insite RE, Inc.
ZONING: "SGA" (Special-Government/Airport)
BACKGROUND AND PROJECT DESCRIPTION:
Staff notes that there is an accompanying Conditional Use Permit in the Floodway
request for the project. Approvals of both are necessary for this project to move forward.
In the event that the Zoning Board of Adjustment denies the related Conditional
Use Permit, the proposed Special Use Permit may not be approved as it will not
comply with flood plain requirements.
Verizon Wireless, represented by Michael Howley, with Insite RE, Inc., is seeking to
construct a new monopole cell tower on the property located at 600 S. Maple Avenue.
This is located within City owned park land for which the City Council approved a lease
on October 9, 2014 subject to approval of a special use permit.
The new tower and associated equipment shelter would be located in a lease area
along the north boundary of the property with an access easement to the S. Maple
Avenue right-of-way (see Attachment A: Location Map). The site is in a wooded area
and will require removal of approximately 24 trees. Access is from Maple street via park
access roads. Access to the lease area is via an existing gravel access road into the
woods. As an existing park access road, it is not required to be paved to serve the
proposed monopole.
The Verizon improvements will be within a 33 feet by 59 feet compound. The leased
premises are 33 feet by 84 feet, which includes an area for the future inclusion of two
additional carriers. Within the Verizon area will be a 120 foot tall monopole (129 foot
with the lightning rod) and an elevated equipment platform. The pole has an eight-foot
diameter at its base. The monopole will be 8 feet at the base. While the applicant does
not indicate a paved parking space on the site plan, staff is recommending a condition
of approval to include updating the site plan to show a 9-foot by 19-foot parking space
to meet zoning requirements.
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The equipment platform is 17.33 feet by 35.33 feet and will rise 13 feet above ground.
There are multiple columns supporting the platform. The platform will contain the
equipment cabinets and emergency generator inside a shelter. The shelter provides
security and screening for the equipment. Access to the platform is by stairs on the
north side of the platform. A security fence is located along the top of the platform.
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.
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(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;
(vi) Not involve uses, activities, processes, materials, equipment or conditions
of operation that will be detrimental to any person, property or general
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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.
(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. 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 City of Ames owns the proposed site and has approved a lease with
Verizon for the use of a defined site for a wireless carrier.
2. The site is zoned S-GA which has no use restrictions concerning wireless
carriers. The adjacent land is zoned A-Agriculture, RH-High-Density Residential,
and UCRM-Urban Core Medium Density Residential, all of which allow wireless
carrier towers with a Special Use Permit.
3. Section 29.1307 provides criteria for wireless communication facilities.
a. The applicant has provided RF justification with computer modeling
information to determine the best location area for the tower (see
Attachment B: RF Justification).
b. There are no tall structures within one-quarter mile of the proposed facility
to accommodate the height needed to provide for the desired coverage by
the applicant. Staff has worked with the applicant for over two years to
identify a site. Because of the proximity of the residential neighborhood,
this unobtrusive site is appropriate.
c. The applicant has stated in their RF justification that the tower height is
the minimum needed to accommodate development of a cell tower on the
subject property. This height is not prohibited by the S-GA zoning district.
d. The required minimum setback is 64.5 feet, based on an overall height of
129 feet. The monopole is set back 64.5 feet from the north property line
and well in excess of 500 feet from all other property lines.
e. The City's Inspection Division will review the submitted exhibits and
determine that they meet the City standards for safety, prior to the
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approval and issuance of any required permits.
f. The equipment is all located within a shelter and elevated on a platform 13
feet above ground. The fencing is located at the platform to provide
security. Because the equipment is located within a shelter, staff
determined that an opaque fence is superfluous and unnecessary. In
addition, a solid fence would impact flood flows.
g. The elevations for the tower indicate capacity for two future antenna sets.
The site plan shows ground locations for two additional carriers.
h. The FCC license has been issued for Verizon Wireless. The license
number is noted on the bottom of the RJ Justification letter.
i. This cell site is fully automated. The zoning ordinance requires adequate
parking, which is shown on the site plan. It is not shown as paved, but will
be required to be hard-surfaced to meet Section 29.406(11)(a).
j. The tower will be finished a dull gray color, similar to those others within
the community. This finish is relatively unobtrusive and wears well.
k. A site plan has been submitted that shows the tower and antenna location,
equipment and compound area, 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. These are provided
under separate cover.
I. The proposed tower is 120' tall and is not near the airport. No FAA
clearance is required.
4. 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 "Parks and Open Space." The City has, in the
past, allowed cell towers and equipment on city-owned land. Examples
include several water towers but also within another area designated as
Parks and Open Space on the LUPP—Homewood Golf Course. In this
instance, there are no active recreation areas or scenic views affected by
the location of the tower in a park.
b. The premises will be about 300 feet into a heavily wooded area, making it
nearly invisible to see from the immediately adjoining properties. The
nearest property, the Iowa Department of Transportation maintenance
garage facility, lies immediately to the north and will likely have a view of
the equipment platform. The tower will likely be seen from S 4th Street and
from the golf course on the south side of Squaw Creek, but only a portion
will appear over the top of the trees. The City also leases a cell tower site
at Homewood Golf Course. As it, too, lies within a heavily wooded area, it
is not very visible from the immediately adjacent properties but the tower
can be seen from a greater distance.
The cell tower is a monopole design with mountings for four antennas on
each of three sides. Antenna mountings for two future carriers are shown
on the elevation drawings.
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The generator will be tested weekly for between one half hour and an
hour. City parks staff can monitor the testing to ensure that is conducted at
a time that has the least impact. The generator emits 69 dB at a distance
of 23'. The community garden gazebo is 360 feet away. At this distance,
decibel levels fall to 45 dB. EPA standards note that 55 dB and above can
cause annoyance and interference with outdoor activities. The nearest
residential structure is 630 feet to the northeast and 725 feet to the
northwest. Decibel levels should fall to about 36 dB at that distance.
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 one or two vehicle trips per month.
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 although past history indicates that there is little demand for such
services.
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 subject to approval of a Special Use Permit
by the Zoning Board of Adjustment.
Conclusion:
City staff has reviewed the information submitted by the applicant. Staff concludes that
the criteria of Section 29.1307 and Section 29.1503 have been met. With the condition
noted regarding paved parking, the Development Standards of Article 4 of the Ames
Zoning Ordinance are met.
ALTERNATIVES:
1. The Zoning Board of Adjustment may approve the Special Use Permit for a cell
tower with antennas at 600 South Maple Avenue, based on the findings of fact and
conclusions stated herein, as detailed on the submitted Site Plan, with the following
conditions:
a.) The required Conditional Use Permit in the Floodway is also approved.
b.) The site plan is amended to include a 9 by 19-foot parking space.
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2. The Zoning Board of Adjustment may deny the Special Use Permit for Cell Site with
Antenna at 600 South Maple Avenue, if the Board finds and concludes:
a) that the required Conditional Use Permit in the Floodway was not approved, or
b) that the proposed Special Use Permit is not consistent with adopted policies and
regulations, or
c) that the Special Use Permit will impose impacts that cannot be reasonably
mitigated, or,
d) 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 mitigate any identified impacts or 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 with the conditions noted above. In the event the
Conditional Use Permit in the Floodway is denied, the Department recommends
Alternative #2 since the project does not meet the minimum requirements of the flood
plain regulations.
SAPLAN_SHR\Council Boards Comm issio ns\ZBA\Special Use Permits\600_S_Maple_Cell_Tower_SUP-06-10-15.docx
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Attachment A: Location Map
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Attachment B: RF Justification
Ver#Z2pwireless
Senai G.Abraham
RF Engineer
1530 Army Post Drive
Des Moines IA 50320
IA-10 HETFIELD -RF Justification
Verizon Wireless is proposing a new cell tower within the city of Ames at 600 South
Maple Street,Ames, IA 50010.The proposed location will provide additional capacity
to the Verizon Network currently operating in Ames.Verizon Wireless's Radio
Frequency Engineering team has selected the proposed location after a careful study
of existing and future network capacity needs and consideration of other alternate
locations.
Currently,Verizon Wireless provides wireless service coverage in and around
the area of the proposed site. However,with increasing capabilities of cellular
devices—including smart phones,tablets, and WiFi hotspots—wireless networks are
under constant pressure to provide faster data speeds for more devices and larger
amounts of data.As a result,Verizon Wireless is working to increase wireless network
capacity nationally within the existing network through capacity sites like the site
being proposed herein.The proposed 1A10 Hetfield site at 42°01'01.024"N 93°37'
24.929"W is an example of Verizon Wireless'efforts to increase capacity and ensure
that our network remains reliable even with increased data usage by our customers.
Your approval of this project will enable Verizon Wireless to continue to
maintain the best, most reliable wireless service in your area. The height of the
proposed tower is designed at the lowest height possible to meet the coverage objective
required of the Verizon network.The proposed upgrade to our network in this area will
provide businesses and residential customers as well as provide a great capacity
offload during Cyclone Football Games with an average attendance of over 53,000 and
many more tailgaters,the reliable wireless service on which they have come to rely
and will ensure that emergency service and public safety for all City of Ames citizens
and visitors.
The following maps will demonstrate the need for IA10 Hetfield by comparing
before and after predicted coverage. Colors on the map represent predicted coverage
levels-
In Building
Verizon Wireless FCC license:Story Count Iowa-WQGA986,WQPZ953,WQPW449,KNKN363,KNLF967,and WQJQ691.
Verizon Wireless operates on FCC licensed spectrum and does not cause interference to other signals provided they are not
encroaching upon Verizon Wireless'licensed spectrum.
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Verizon Wireless FCC license:Story Count Iowa-WQGA986,WQPZ953,WQPW449,KNKN363,KNLF967,and WQJQ691.
Verizon Wireless operates on FCC licensed spectrum and does not cause interference to other signals provided they are not
encroaching upon Verizon Wireless'licensed spectrum.
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