HomeMy WebLinkAbout~Master - Special Use Permit to Operate a Temporary Cell Tower at 1325 South 4th StreetCITY OF AMES, IOWA.
ZONING 130ARD OF ADJUSTME
-------- - - IN THE MATTER OF THE
APPLICATION OF WARD
DEVELOPMENT FOR A SPECIAL USE
PERMIT § 29.1307, AMES MUNICIPAL
CODE, TO OPERATE A TEMPORARY
CELL TOWER ON THE PROPERTY
LOCATED AT1325 SOUTH 4""' STRE1:T.
FACTS
A U G 215
CASE NO. 16-05 CITY OF AME', KAVA
GEOCODE NO. 09-10-250-010
DECISION & ORDER
Ward Development is seeking to place a portable cellular tower on land near Iowa State
University's Jack Trice Stadium in order to provide capacity during peak call times on home
football Saturdays. The tower will be a pail of the AT & T system. 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. The property is located
at 1325 South 4 1 h Street, and is zoned Agriculture ("A"). City Planner Charlie Kuester presented
a staff report; Steve Ward represented Ward Development.
This site has previously been used for a portable cellular tower location with Special Use Permit
approval from the Zoning Board of Aqjustrnent in 2012, 2013, and 2015. The Special Use
Permits were approved to allow the use, but also allowed posting of a bond for CMIARICtion 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 at -ter the football season, the
financial security is released. Otherwise, the City would draw upon the bond to install the
improvements.
Stall' noted that notification of the application was made to all property owners within 200 feet
and a notice ol'public hearing was posted on the property, and no comments had been received.
Stall' recommended a condition on the Special Use permit, that 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. If the equipment is removed from the site
prior to that date, the financial security will be returned.
DECISION
The Board considers the standards and requirements of Ames Municipal Code 29.1307,
29.1503(4)(a) and (e), and the Facts and evidence as summarized above, and finds that the
application meets the requirements for a Special Use Permit, with the following condition: that
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. It' the
equipment is removed from the site prior to that date, the financial security will be returned.
ORDER
WHEREFORE, IT IS ORDERED that the applicant is GRANTIA), section 29.1307 of the
Ames Municipal Code, a Special Use Permit, with conditions, for a temporary cellular
communications tower on the property located at 1325 South 0' Street.
Any person desiring to appeal this decision to a court of record may do so within 30 days after
the filing of this decision.
Done this I Oth day of August, 2016.
tai�l
F'rin Cain
Secretary to the Board
vp
Matthew Koehler
Vice Chair