HomeMy WebLinkAboutA6 ITEM #:
DATE: 09-23-15
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: September 15, 2015
CASE FILE NO.: ZBA-15-14
REQUEST: Special Use Permit to allow a new cellular tower at 615 24th Street
PROPERTY OWNER: Carr Hardware, Inc. (c/o Randy and Mary Ketelsen)
APPLICANT: SBA Towers VI, LLC, represented by Joe Markus of Black & Veatch
ZONING: "NC" (Neighborhood Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
SBA Towers VI, LLC (Verizon Wireless), represented by Joe Markus of Black & Veatch,
is seeking to construct a new monopole cell tower on the property located at 615 241h
Street. This is located on the same property just north of the existing ACE Hardware
building.
The new tower and associated equipment shelter would be located in a lease area
along the northern boundary of the property with an access easement to the existing
Ace Hardware curb cut along 24th Street (see Attachment A: Location Map). The tower
is approximately 205 feet from 24th Street, 232 feet from Grand Avenue, 170 feet to
Jensen Avenue, and 65 feet to the south property line of the apartments located north of
the subject site. Access to the lease area is through the existing commercial parking lot
from 24th Street. All areas of access to the leased site are paved in compliance with the
zoning ordinance.
The Verizon improvements will be within a 40 foot by 40 foot fenced compound with
equipment shelter. Within the Verizon area there will be an 85 foot tall monopole (95
feet with the lightning rod) and an enclosed equipment shelter. The leased premises
include an area for the future inclusion of one additional wireless carrier's shelter. The
monopole will include three internally mounted antenna frames, two for use by Verizon,
with one open frame for future co-location of another carrier. The paved area around the
enclosure will provide the required parking needed for an automated cell tower.
The proposed equipment shelter provides security and screening for the equipment
needed for the tower. The fence enclosure will be a 6 foot tall board on board fence
with access through a 14 foot wide swing gate located on the north side of the fence
enclosure.
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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.
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(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 site is zoned NC-Neighborhood Commercial which has no use restrictions
concerning wireless carriers. The adjacent land is zoned RH-High-Density
Residential to the north, and RL- Low Density Residential to the east and south
and Planned Regional Commercial to the west, all of which allow wireless
carrier towers with a Special Use Permit.
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 (included in the application materials).
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.
c. The applicant has stated that the tower height is the minimum needed to
accommodate development of a cell tower on the subject property.
d. The required minimum setback is 60 feet, based on an overall height of 95
feet. The monopole is set back 65 feet from the north and west property
lines to the center of the tower and 205 feet from the south property line
and 170 feet from the east property line. All setbacks are in compliance
with code.
e. 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.
f. The equipment is all located within a shelter. Fencing is provided around
the remaining area of the leased land for the tower to provide security.
Because the equipment is located within a shelter, staff determined that
an opaque fence is not required around the actual walls of the shelter.
g. The elevations for the tower indicate capacity for one future antenna sets.
The site plan shows ground locations for one additional equipment
shelters.
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h. The FCC license has been issued for Verizon Wireless.
i. This cell site is fully automated. The zoning ordinance requires adequate
parking, which is shown on the site plan.
J. The tower will be painted white, similar to other towers within the
community.
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. The antennas are
incorporated within the monopole.
I. The proposed tower is 95' tall and is not near the airport. No FAA
clearance is required.
3. Section 29.1503(4)(a) "Special Use Permits" provides criteria for all uses in any
zone.
(4)(a)
i. 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 "High Density Residential." Both residential and
commercial zoning districts permit Personal Wireless Service facilities as
a special use permit through approval of the Zoning Board of Adjustment.
Providing for the service is desirable in a compatible manner. In this
instance, the design of the facility can be found to be compatible.
ii. The cell tower is an interior mounted "stealth" monopole design with
mountings for a total of three antenna frames within the interior of the
monopole. An antenna frame for one future carrier is shown on the
elevation drawings after the installation of the two antenna frames
proposed by Verizon.
The location of the tower on the lot is to the rear of the existing
commercial building and located as far as possible from the single family
homes while maintaining the required setbacks for the property lines. The
monopole will abut the rear of the garage structure of the high density
apartments to the north, but will maintain a setback of 65' from the north
property lines. The base of the monopole will be approximately 95 feet
from the closest point of the apartment building.
The equipment shelter will contain heating and air cooling equipment of
the size comparable to that used in residential neighborhoods so as to not
be intrusive on the surrounding neighborhood. The shelter will also contain
an interior emergency generator for use only when power should go out.
iii. 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.
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iv. There will be no additional public costs for public infrastructure 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.
v. There will be no requirement for additional public cost for public facilities
and services for the site.
vi. The only traffic to the site will be maintenance trips, and there will be no
noise, beyond the use of the heating and cooling equipment and the
onsite emergency generator. Additionally, no smoke, fumes, glare, or
odors are expected as result of this use.
vii. The purpose of the Neighborhood Commercial zone is to provide small
areas of commercial services in or near residential areas. The NC-
Neighborhood Commercial does permit a personal wireless service use
subject to determination of compatibility of the use through a Special Use
Permit by the Zoning Board of Adjustment. The service is a desirable use
for the residential area, and based on the proposed design of the facility,
the use can be determined to be compatible with the zone.
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 and 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 615 24th Street, based on the findings of fact and conclusions
stated herein and as detailed on the submitted Site Plan.
2. The Zoning Board of Adjustment may deny the Special Use Permit for Cell Site with
Antenna at 615 24th 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 to allow the applicant to revise the site plan to mitigate any identified impacts or
to meet all minimum standards of the zoning code.
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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 which is to approve the Special Use Permit for a cell
tower with antennas at 615 24th Street as detailed on the submitted Site Plan.
SAPLAN_SHR\Council Boards Comm issions\ZBA\Special Use Permits\615 24th St_Cell_Tower_SUP-09-23-15.docx
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Attachment A: Location Map
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