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HomeMy WebLinkAboutA6 ITEM #: DATE: 8/12/15 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 6, 2015 CASE FILE NO.: ZBA 15-15 REQUEST : To allow a portable cellular tower at 1325 South 4th Street during ISU football season PROPERTY OWNER: Randall Corporation CONTACT: Kristina Ortolani, representing Verizon LOCATION: 1325 South 4th Street ZONING: "A" Agriculture BACKGROUND AND PROJECT DESCRIPTION: Kristina Ortolani, representing Verizon Wireless, is seeking to place a portable cellular tower on land near Jack Trice Stadium in order to provide acceptable coverage during peak call times on home football Saturdays. The site is shown on Attachment A. This temporary service had been provided in the past by placing the portable cellular tower on land owned by the University, which did not subject it to City of Ames zoning regulations. However, Verizon sought and received approval from the Zoning Board of Adjustment in 2012 and 2013 for a similar portable cell tower at this location. The project is described as a cell-on-wheels, sometimes referred to as a "COW." It is a trailer with a pneumatically operated tower that will rise to a height of 28 feet. The trailer will also contain the necessary electronic equipment. The trailer will be surrounded by a six-foot tall wood fence. Electricity will be available from the City and will be provided from an adjacent power pole. No other site improvements are proposed as it is viewed as temporary by the applicant. In previous approvals, conditions were in place to ensure that if the tower remained on site that required improvements were made to comply with zoning standards. The applicant has stated that the COW will be in service from approximately one week before the first home ISU football game to one week following the last home game. It will be in service the entire time. By leaving the tower in operation during this time, it would reduce the need for cellular technicians to visit the site to turn the equipment on and off. 1 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. 2 (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) 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, 3 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. (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 1325 S. 4th 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 is allowed in the Agricultural Zoning District. 2. Section 29.1307 provides criteria for wireless communication facilities. No distinction is noted between temporary and permanent facilities. a. The applicant has provided information that there is a need for the tower to serve the increased traffic during home football games. A similar tower was approved and used in 2012 and 2013 on this site. The tower has been reduced in height from the 69 feet approved in 2012 to 28 feet in 2013 and proposed for this year. b. The applicant and City staff has reviewed the area and there are no suitable existing structures for collocation. Verizon has received approval to construct a new permanent tower at 600 S. Maple Avenue. This new tower will obviate the need for this temporary tower in the future. c. The applicant has stated that this height allows for the minimal coverage needed. A greater height is limited by the type of tower and the need for guy wires which are not permitted. d. The tower is set back 125 feet from the nearest property line. The required minimum is 60 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. This temporary cell tower is not designed to accommodate additional users. h. The FCC license has been issued for Verizon. i. A parking area is adjacent to the tower. 4 j. The tower will be bare aluminum. k. A site plan has been submitted. 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. This use is a direct result of University activities (although it is outside the designated "University Impacted" areas of the Land Use Policy Plan. b. The site is in an area that is heavily impacted during home football games. However, there are residential uses to the west and north of this site. There will only be noise from the air-conditioner unit to cool the equipment. No generator will be used. c. The tower rises 28 feet above grade. There are trees in the area to provide screening. The site is not expected to generate noise as the equipment will be connected to power and fiber optic utilities. No generator will be used. d. Electricity and fiber optic are on site. No other public infrastructure is needed. 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 noise anticipated is the air conditioner. g. The purpose of the Agricultural zone is for uses that are agriculture or "undeveloped for urban uses." 4. Article 4 describes certain other development standards that must be met. a. Any parking area must be paved with asphalt or concrete. The applicant proposes to use the existing rock that has previously been laid down. b. Landscape screening between all parking areas and adjacent residential zones and rights-of-way is required. 5. The site is within the Floodway Fringe Overlay District. A Flood Plain Development Permit has been submitted. It will need to be approved prior to establishing the use on 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 29.1403 have been met. In addition, the development standards of Article 4 have been met except as noted below. The Board does not have the right to waive any of the standards of the zoning regulations. In this instance, though, the Board may defer installation of certain improvements provided an acceptable financial security is held by the City. The installation of permanent paving and landscaping for a temporary use may not be necessary if a bond is held by the City. The terms of the bond would be such that if the cell tower were not removed within a reasonable time limit, the City would draw upon the bond and install the required improvements. Staff will recommend this option deferring the installation of the required improvements. 5 ALTERNATIVES: 1. The Zoning Board of Adjustment may approve the Special Use Permit for Cell Site with Antenna at 1325 S. 4th Street as detailed on the Site Plan (prepared by SSC, INC. and dated July 31, 2015) with the adoption of the findings of fact and conclusions stated herein, and subject to the following condition: The required landscaping and paving may be deferred until May 1, 2016 provided the applicant submit financial security in a form acceptable to the City for that amount noted in the engineer's estimate of probable cost of improvements that satisfy the City's development standards. Said security would be valid until drawn upon by the City or returned to the applicant. 2. The Zoning Board of Adjustment may approve the Special Use Permit for Cell Site with Antenna at 1325 S. 4th Street as detailed on the Site Plan (prepared by SSC, INC. and dated July 31, 2015) by adopting its own findings of fact and conclusion. 3. The Zoning Board of Adjustment may deny the Special Use Permit for Cell Site with Antenna at 1325 S. 4th Street if the Board finds and concludes that the proposed Special Use Permit is not consistent with adopted policies and regulations, or that the Special Use Permit will impose impacts that cannot be reasonably mitigated. 4. The Zoning Board of Adjustment may table this request for a Special Use Permit for Cell Site with Antenna and request additional information from City staff or the applicant. RECOMMENDED ACTION: The City has a mechanism for the review and approval of wireless communications facilities. However, the City's experience has been with traditional permanent facilities, either a freestanding pole or mounted on existing tall structures. This is the third time this type of temporary request as been made. The site and proposal for the COW are very similar to the previous application; therefore, staff is proposing the same conditions as in the previous application. Staff's analysis of the submitted information finds that, for the most part, the criteria have been met and the development standards are satisfied. The issue of parking and landscaping remain. The site has only gravel installed. For this use to install approximately 140 feet of asphalt and plant shrubs and trees along its entire length for a use that will be removed by the end of November is an investment that Verizon is not willing to make. Staff agrees that this requirement appears to be directed at more permanent installations. Staff believes that a deferral of this requirement, provided that appropriate financial security is in place, is appropriate. Therefore, 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. This is a recommendation to approve 6 the Special Use Permit for Cell Site with Antenna at 1325 S. 4th Street as detailed on the Site Plan (prepared by SSC, INC. and dated July 31, 2015) with the adoption of the findings of fact and conclusions stated herein, and subject to the following condition: The required landscaping and paving may be deferred until May 1, 2016 provided the applicant submit financial security in a form acceptable to the City for that amount noted in the engineer's estimate of probable cost of improvements that satisfy the City's development standards. Said security would be valid until drawn upon by the City or returned to the applicant. SAPLAN SHR\Council Boards commissions\ZBA\Special Use Permits\1325_S_4th_Cell_Tower-08-12-15.docx 7 Attachment A Location Map w. J J" W y � 4 TUM w LOa CENTERaDR � Q � TER Subject Property 4TH ST AT STD' v 0 �A ,'axr""�' z �%:� "�''• � ��,' ��' rho "�r ��a W ma yo-T Ui S 4TH ST S 4TH ST e S 4TH ST `" N 4 m a t t ", " J CO J P A UJ yy s�'fi, Location Map 1325 S. 4th Street 7 � N 0 50100 200 300 400 500 n Feet rV 8