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HomeMy WebLinkAboutA6 ITEM #: 3 DATE: 8/10/16 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: August 5, 2016 CASE FILE NO.: ZBA 16-05 REQUEST : To allow a portable cellular tower at 1325 South 4th Street during ISU football season PROPERTY OWNER: Randall Corporation CONTACT: Steve Ward, representing AT & T LOCATION: 1325 South 4th Street ZONING: "A" Agriculture BACKGROUND AND PROJECT DESCRIPTION: Steve Ward, Ward Development, is seeking to place a portable cellular tower on land near Jack Trice Stadium in order to provide capacity during peak call times on home football Saturdays. The tower will be a part of the AT & T system. 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 its placement to City of Ames zoning regulations. This site has previously been used for a portable cellular tower location with Special Use Permit approval from the Zoning Board of Adjustment in 2012, 2013, and 2015. The Special Use Permits were approved to allow the use, but also allowed posting of a bond for construction of site improvements if the tower was not removed within a specified time frame. The only notable change to the area since last year is the construction of apartments to the southeast of the site. The proposed tower is a 71-foot tall ballasted tower. It sits upright on and attached to a 25' by 25' base. A 10' by 30' equipment trailer will sit alongside the base. The compound, about 40' by 40', will be enclosed by a 6' wood fence. The applicant seeks a deferral of the required driveway paving and landscape screening. The cell tower is intended to be temporary; however the City ordinances make no distinction between permanent and temporary uses. Therefore, all performance standards (including paving and landscaping) must be met. Past approvals of similar uses on this site have included providing financial security to cover the required improvements. If the site is returned to its original condition after the football 1 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.(Currently not enforceable under state law) (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: 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, 3 i. A parking area is adjacent to the tower. j. The tower will be gray. 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 a cooling fan. There will be no generator or air conditioner for this unit. c. The tower rises 71 feet above grade. There are trees in the area that will help to screen the outline of the tower. 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 from the cooling fan. 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 is seeking a deferral for this installation and has provided a cost estimate for the installation. Financial security will be required. b. Landscape screening between all parking areas and adjacent residential zones and rights-of-way is required. The applicant is seeking a deferral for this installation and has provided a cost estimate for the installation. Financial security will be 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. Although not specified in the zoning ordinance, due the to unique request, the Board may defer installation of certain improvements provided an acceptable financial security is held by the City for their implementation. The installation of 5 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 the Special Use Permit for Cell Site with Antenna at 1325 S. 4th Street as detailed on the Site Plan (prepared by W-T Communications Design Group and dated 07/20/16) 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, 2017 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_SHMCouncil Boards Comm issions\ZBA\Special Use Permits\1325_S_4th_Cell_Tower-08-10-16.docx 7