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ITEM #: 3
DATE: 11-09-16
CITY OF AMES
DEPARTMENT OF PLANNING AND HOUSING
REPORT TO THE ZONING BOARD OF ADJUSTMENT
DATE PREPARED: November 2, 2016
CASE FILE NO.: ZBA-16-09
REQUEST: Special Use Permit to allow a new cellular tower at 310 Southeast 16th
Street
PROPERTY OWNER: Flummerfelt Properties LLC
CONTACT: Matt Kundert
LOCATION: 310 Southeast 16th Street
ZONING: "HOC" (Highway Oriented Commercial)
BACKGROUND AND PROJECT DESCRIPTION:
Matt Kundert, with Pathway Solutions LLC, seeks approval to construct a new
monopole cell tower on the property located at 310 Southeast 16th Street to
accommodate future wireless communications carriers. The new tower and associated
equipment shelter would be located in a lease area approximately 63 feet north of the
southern boundary of the property and 63 feet west of the eastern boundary of the
property. The subject property abuts Southeast 16th Street on the north. Across
Southeast 16th Street further north is located a mobile home park. To the west are
various low scale commercial uses, to the east is a single low scale commercial use
followed by agricultural uses and to the south is vacant wooded land bordered by an
auto dealership. The site is located near the Highway 30 and Duff Avenue interchange
which is an identified gateway location in the Ames Land Use Policy Plan. The
proposed tower will be visible in all directions of this location. (See Attachment A —
Location Map).
The property at 310 Southeast 16th Street, is 262.25 feet wide, 280 feet deep along the
west property line, 280 feet deep along the east property line, and includes
approximately 1.69 acres (73,430 square feet). The property has access from the south
side of Southeast 16th Street. The property is currently a gravel parking area that is
used for the temporary parking of mobile homes. There is also existing trees on the
south and east portions of the site.
The applicant proposes to lease a 3,500 square foot portion of the property in the
southeast section of the property as the site for construction of the proposed 120-foot
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tall cell tower and associated ground equipment structure. The diameter of the pole is
approximately 5 feet with a taper as it rises. The tower features a 5 foot high lighting rod
that extends from the top of the monopole for an overall height of 125 feet.
The cell tower is a monopole with 4 antenna arrays sections mounted in three
directional sectors. Each array is proposed to extend out approximately 6 feet from the
side of the monopole for a total of 12'-6" across each directional sector with four
antenna panels mounted in each directional sector of the array. The four individual
arrays are planned to be mounted between 90 feet and 120 feet above the ground.
There is antenna space for future carriers shown on the diagram as proposed. The
monopole is proposed to be constructed of gray galvanized steel. The tower is
designed to house the required cabling within the tower. There has been no diagram or
simulation of the structure and its visibility from the surrounding area provided to staff,
specifically to the east or west along Highway 30 within one-quarter to one-half mile.
A 6-foot high wood privacy fence is proposed to identify the extent of the lease area and
for security of the facilities. Rock is proposed to cover the ground inside the fence of
the lease area. Maintenance vehicles visiting the site would park on an asphalt parking
space to be constructed outside the fence and outside of the lease area to the
immediate north abutting the access and utility easement from Southeast 16th Street. A
future generator is proposed shortly after any construction.
The required site improvements include landscaping between the parking area and the
property line abutting Southeast 16th Street along the north side of the property as well
as installation of sidewalk within the right-of-way along Southeast 16th Street as required
in Chapter 22.31. The applicant has stated there are no plans to remove any existing
trees or vegetation on the site.
The elevation for the project shows the pole with the 12'-6" directional array sections,
however there has been no diagram or simulation of the structure and its visibility from
the surrounding area, specifically to the east or west along Highway 30 within one-
quarter to one-half mile. Staff is unable to determine the aesthetic impact on the
surrounding area of the array design in regards to harmoniousness with the surrounding
area and its effect on a gateway entry point into Ames. A flush mount design would
minimize the view of the array from the surrounding area and guarantee a more
harmonious appearance of the antenna.
APPLICABLE LAW:
Specific criteria and design standards for wireless communication facilities are found in
Section 29.1307. The state of Iowa adopted a cell tower siting act in 2015 that preempts
some the of the City's standards below. Staff has identified the differences with the
relevant criterion when necessary for evaluation of the project.
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(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. (Cities are
precluded from considering individual business needs under Iowa statute,
with sworn statement of the.)
(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. (Cities are precluded from considering this as a
matter under Iowa statute.)
(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. (Cities are precluded from
considering this as a matter under Iowa statute.)
(h) FCC License. The wireless communication company shall provide proof that it is
licensed by the Federal Communications Commission. (Cities are precluded
from considering this as a matter under Iowa statute.)
(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, fames,
glare, or odors; and
(vii) Be consistent with the intent and purpose of the Zone in which it is
proposed to locate such use.
(c) Commercial Zone Standards. Before a Special Use Permit application can be
approved, the following commercial zone standards must be satisfied for this
particular use on its proposed location:
(i) Be compatible with the potential commercial development and use of
property planned to occur in the area.
(ii) Represent the sufficiently desirable need for the entire community that the
loss of commercial land is justifiable in relation to the benefit.
(iii) Be consistent with all other applicable standards in the zone.
(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 and other adopted standards and specifications of the
City.
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 310 SE 16th 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 can be made.
Findings:
1. The proposed use, a wireless communication facility, is allowed in the "HOC"
(Highway-Oriented Commercial) zoning district through approval of a Special
Use Permit by the Zoning Board of Adjustment. -
2. Section 29.1307 provides criteria for wireless communication facilities.
a. _The applicant has provided computer stated in their application that this
proposed location is necessary to provide adequate coverage in order to
satisfy the antennas function in the company's grid system.
b. There are no tall structures within one-quarter mile of the proposed facility
to accommodate the 120-foot height needed to provide for the desired
coverage by the applicant.
c. The applicant has stated that the 120-foot height is the minimum antenna
height needed to accommodate development of a cell tower on the subject
property.
d. The proposed 120-foot tower exceeds the maximum height of the
underlying HOC zoning, but may be allowed by approval of a Special
Use Permit. .
e. The required minimum setback is 62.5 feet. The monopole (cell tower) is
set back a minimum of 63 feet from the south and east property lines, 212
feet from the north property line and 195 feet from the west property line.
f. 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.
g. Opaque wood fencing with gates is proposed.
h. The elevations for the tower on sheet A-1 indicate four locations for future
antennas.
i. The FCC license has been issued for Verizon Wireless.
j. This cell site is fully automated. The site plan indicates enough area to
allow for a parking space for a single maintenance vehicle to service the
site. There is a requirement that the parking space be paved with
asphalt, or concrete, to meet the minimum standards of the zoning code.
k. The applicant does not intend to paint the tower. The tower will be
finished in gray galvanized steel, which is a low-sheen, non-glare, long-
lasting outer material that does not require significant ongoing
maintenance.
I. A site plan has been submitted that shows the tower and antenna location,
equipment and compound area, fence location, 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.
Existing vegetation is noted on the site and to the southeast of the site but
no specific information on height and density is included with the
application.
n. A "Determination(of No Hazard to Air Navigation" has been received from
the Federal Aviation Administration stating that an aeronautical study has
been conducted, which revealed that the structure does not exceed
obstruction standards and would not be a hazard to air navigation.
3. 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 "Highway-Oriented Commercial." Residential
land exists approximately 300 feet north of the proposed project across
SE 16t" Street. The proposed location of the new cell tower, near the
Highway 30 and Duff Avenue interchange serving the Duff Avenue
commercial corridor and Downtown, is a very prominent and visible
location. The Land Use Policy Plan (LUPP) of the City of Ames addresses
"Community Entries" to Ames. The LUPP describes that each entry
provides an opportunity to enhance the arrival into Ames and to direct
traffic in accessing major areas and activity centers. The intent of the
LUPP is to treat gateway areas with a higher degree of aesthetic
sensitivity than is applied in other areas of the City.
Staff requested the applicant address this in the design of the pole and
array sizing. The proposed project pole has no individual features that
minimize its appearance or assist finding the design compatible with the
policies of the LUPP. The applicant has not addressed reduction of the
size or width of the arrays to for the tower height to me more in keeping
with the scale of the surroundings. The applicant has not provided
information about the overall visibility of the structure from the surrounding
area or one quarter mile east or west of the sight along Highway 30 to
adequately alleviate aesthetic concerns on the surrounding area.
Staff believes an alternative design with a minimized size in array
widths and heights or stealth pole design approach would be more
fitting for a site near the primary entrance to the community than the
current array designed proposed for the tower. Staff does not find
the project conforms to this criterion.
b. The compound area will be fenced with a solid fence, proposed at a height
of sixth (6) feet, which will screen from view the general equipment of the
shelter and the base of the proposed monopole. The design also includes
mounting of supportive equipment on the pole near the antennas. All
equipment is shown to be located within the fenced area, with the
exception of the parking stall, for access by maintenance personnel.
The cell tower is a monopole design with antennas mounted on three
sides. The antenna array would extend out 12 feet from each side of the
monopole. The character of the surrounding area includes low scale
commercial uses along arterial streets. As discussed above, the intended
character is for a wide range of commercial uses but it must be
acknowledged as a primary entrance to the City as a gateway. Additional
development could occur around the site, including to the east of the site
where there is an existing stand of mature trees. With the current
information on visibility, staff does not believe the current design is
consistent with this criteria.
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 to 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.
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 in the Highway Oriented Commercial zone
subject to approval of a Special Use Permit by the Zoning Board of
Adjustment. The zoning district allows for a wide range of commercial
uses and standards to address the use of individual property in
conformance with City standards.
4. Commercial Zone Standards 29.1503(4) (c).
a. The existing cell site is zoned "HOC" (Highway Oriented Commercial).
This zone allows personal wireless communication facilities as a land use,
with approval of a Special Use Permit. There are three abutting parcels of
land near the proposed cell site location. One abuts the west property line
of the subject property, another parcel is located directly to the south, and
another to the immediate east all of which are zoned "HOC' (Highway
Oriented Commercial). The parcel to the north on the north side of
Southeast 16th Street is zoned "RLP" (Residential low Density Park Zone)
containing mobile homes. New development of the subject property could
occur on the land area outside the cell tower lease area.
b. The loss of commercial land to the community is not an issue with this
proposal since the area of the site to be leased for the cell site comprises
only 20.98 percent of the entire parcel and there is land available for retail
and office uses along S. 16th Street.
c. The proposed location for cellular ground equipment is consistent with all
other applicable zoning standards.
5. Article 4, of Chapter 29 of the Municipal Code, describes development
standards that must be met.
a. Parking areas must be paved with asphalt or concrete. The applicant
proposes to add a new asphalt parking stall immediately adjacent to the
lease area which will provide the parking space needed for maintenance
of 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, Section 29.1503, and the
development standards of Article 4 have been met, except that the project does not
have evidence to support findings related to a harmonious appearance with the existing
and intended character of the general vicinity and as a gateway entry to the City. The
applicant could address these issues with more information on the visibility and
appearance of the project and additionally could consider a reduction in the scale of the
size of the pole and arrays or to include other stealth design techniques that would help
address the project compatibility with its surroundings and relationship to a primary
entrance to the city.
ALTERNATIVES:
1. The Zoning Board of Adjustment may deny the Special Use Permit for Cell Site
with Antenna at 310 Southeast 16th 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 Ordinance.
2. The Zoning Board of Adjustment may approve the Special Use Permit for a cell
tower with antennas at 310 Southeast 16th Street, based on the findings of fact
and conclusions stated herein, as detailed on the submitted Site Plan.
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 meet all minimum standards of the zoning code.
RECOMMENDED ACTION:
Based upon the Findings of Fact and Conclusions above that it is not consistent with
Special Use Permit general criteria 29.1503(4)(a) i and ii; therefore, it is the
recommendation of the Department of Planning and Housing that the Zoning Board of
Adjustment act in accordance with Alternative #1 to deny the Special Use Permit. Staff
notes that under state law, a decision on the approval or denial of the permit request
must be made within 150 days of the receipt of a complete application without a waiver
from the applicant. A final decision must be made by December 11, 2016.
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;Application Form Last Updated: Decernber 30, 2014
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JUL 12 2016 Cell Site with Antenna
CITY OF AMESJt)wA Special Use Permit Application Form
DEPT.OF PLANNING&NQ�SINI for a Site in a Commercial Zone
(This form must be filled out completely before your application,will be accepted.)
1. Property Address for this Special Use Permit: 310 SE 16th Street,Ames, IA. 50010 (E911 TBD)
2. l (We) the undersigned, do hereby respectfully request the Ames Zoning Board of
Adjustment to grant a Special Use Permit to allow a "Cell Site with Antenna"at the property
address listed above.
3. Legal Description (attach, if lengthy): Part of the N 1/2 of the NE 1/4, Section 14,T83N,
R24W, Story County, Iowa
4. Property Owner: Michael Flummerfelt
Business: Flummerfelt Properties,LLC
Address: 1316 Duff Avenue Ames Iowa 50010
(Street) (City) (State) (Zip)
Telephone: (515) 382-2020
(Home) (Business) (Fax)
5. Applicant: Mark Johnson,Project Manager
Business: Pathway Solutions LLC
Address: 2222 E. 53rd Street, Suite 8-102 Davenport Iowa 52807
(Street) (City) (State) (Zip)
Telephone: (563) 594-4460
(Home) (Business) (Fax)
6. Contact Person: Rich Kotite, Zoning Consultant for Pathway Solutions LLC
Business: Wolverine Consulting LLC
Address: 25870 Myhwav 2 Keosauqua Iowa 52565
(Street) (City) (State) (Zip)
Telephone: (703) 597-5456
(Home) (Business) (Fax)
E-mail address: rich@wolverineconsult.com
2
Attachment A
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Location Map
310 SE 16th Street
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Application Form Last Updated: December 30, 2014
This Special Use Permit will not be granted unless sufficient facts are presented with
the application, and at the Planning and Zoning Commission and Zoning Board of
Adjustment meetings, to support a finding that all the general and specific standards
for granting a Special Use Permit have been met.
Obtaining this Special Use Permit does not absolve the applicant from obtaining all other
applicable permits, such as Building Permits, IDOT access permits, etcetera.
I(We) certify that I(we) have submitted all the required information to apply for a Special Use
Permit and that the information is factual.
Signed by: Date:
Property Owne (s)
Print Name
(Note. No other signature may be substituted for the Property Owner's Signature.)
3
Application Form Last Updated: December 30,2014
Cell Site with Antenna
Special Use Permit Supporting Information
for a Site in a Commercial Zone
(This form must be filled out completely before your application will be accepted.)
Section 29.1307(4) of the Zoning Ordinance states that a Special Use Permit is required for a
cell site with antenna that is either not mounted on an existing tall structure or is more
than 20 feet higher than the tall structure on which it is mounted. Such a cell site with
antenna shall not be permitted except pursuant to a Special Use Permit issued by the Zoning
Board of Adjustment in accordance with Sections 29.1503 and 29.1307.
The Zoning Board of Adjustment cannot approve a Special Use Permit unless all of the
"General Standards", the "Cell Site with Antenna"standards, and the "Commercial Zone
Standards" are met. In order to facilitate review of this application for a Special Use Permit,
the applicant must address each of the "General Standards"set forth in Section 29.1503, the
standards for a "Cell Site with Antenna" set forth in Section 29.1307(7), and the "Commercial
Zone Standards"set forth in Section 29.1503(4)(c) of the Zoning Ordinance.
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(Note: The applicant's explanation of how the request meets each standard may be attached
on a separate sheet if sufficient space is not provided.)
1. General Standards. The Planning and Zoning Commission and the Zoning Board of
Adjustment shall review each application for the purpose of determining that each proposed
use meets the following standards, set forth in 29.1503(4)(a), and in addition, shall find
adequate evidence that each use in its proposed location will:
(a) Be harmonious with and in accordance with the general principles and proposals
of the Land Use Policy Plan (LUPP).
Explain how the request meets this standard.
Wireless communications towers are permitted in Highway Oriented Commercial zones
with a Special Use Permit. The site will be harmonious and in accordance with the
general principles and proposals of the Land Use Policy Plan(LUPP).
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Application Form Last Updated: December 30,2014
(b) 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 use will not change the essential character of the area in which it is
proposed.
Explain how the request meets this standard.
The site will be designed,constructed,operated and maintained so as to be harmonious in
appearance with the existing character of the general vicinity. Natural vegetation screens
the site from the east and south. The current use of the•garent parcel is for the storage
of mobile homes.
(c) Not be hazardous or disturbing to existing or future uses in the same general
vicinity.
Explain how the request meets this standard.
Applicant anticipates no hazard or disturbance to existing or future uses in the same
general vicinity. The land area proposed to be utilized is small (a 70 feet by 50 feet lease
area). In addition,the tower itself will meet the 50% set-back requirement from any
adjacent property line.
(d) 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.
Explain how the request meets this standard.
The site is designed to be served adequately by essential public services. Adequate access
will exist for emergency services, and there are no refuse disposal,water, sewage facility
or school requirements for this commercial,unmanned site-
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Application Form Last Updated: December 30, 2014
(e) Not create excessive additional requirements at public cost for public facilities
and services.
Explain how the request meets this standard.
No cost to the public for facilities and services will be incurred. The site will be unmanned.
(f) 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.
Explain how the request meets this standard.
Wireless communication tower sites are inherently not detrimental to the public because
they do not generate any traffic,noise, smoke,fumes,glare or odors.
(g) Be consistent with the intent and purpose of the Zone in which it is proposed to
locate such use.
Explain how the request meets this standard.
Wireless communications sites are allowed by Special Use Permit per Chapter 29.1307 (4)
of the City of Ames Ordinances.
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Application Form Last Updated: December 30, 2014
2. Standards for a Cell Site with Antenna: The Planning and Zoning Commission and
Zoning Board of Adjustment shall review each application for the purpose of determining
that the following standards, set forth in 29.1307(7), which are listed below, have been met,
in addition to the "General Standards"and the "Commercial Zone Standards`
(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.
Explain how the request meets this standard.
Pathway Solutions (or its partner)will provide wireless broadband access using
the tower. There is also interest from two major wireless communications carriers to
use the tower for antennas.
(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.
Explain how the request meets this standard.
There are no usable tall structures within one-quarter mile of the proposed site location.
(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.
Explain how the request meets this standard.
The 120-foot maximum height is the minimum height needed to adequately support
proposed broadband and wireless communications services.
7
Application Form Last Updated: December 30,2014
(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:
(1) 60% of antenna height;
(ii) The minimum setback in the underlying Zone; or
(iii) 60 feet.
Explain how the request meets this standard.
The proposed tower will be at least 50% of its height from any property lines.
There are no guy anchors for this proposed monopole-type tower.
(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, failing ice or other debris, or radio
frequency interface. All support structures shall be fitted with anti-climbing
devices, as approved by the manufacturers.
Explain how the request meets this standard.
There will be anti-climbing devices installed on the tower. In the highly unlikely event of
structure failure,the tower will collapse on itself within the 50% set-back area. Fencing
around the site will protect the general public from any falling ice or debris. No radio
frequency interference will occur.
i
(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.
Explain how the request meets this standard.
The fence will have vinyl slats to present an opaque appearance.
8
Application Form Last Updated: December 30, 2014
(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.
Explain how the request meets this standard.
Pathway Solutions is working with major wireless communications carriers to utilize the
tower,and Pathway Solutions welcomes inquiries on using the tower from public
entities such as local, county or state emergency services. The tower is designed to
accommodate multiple carriers and users.
(h) FCC License. The wireless communications company shall provide proof that it is
licensed by the Federal Communications Commission.
Explain how the request meets this standard.
Pathway Solutions provides broadband services,which utilize unlicensed radio spectrum. Any
wireless communications carrier (cell phone company,for example)will present proof of
their FCC license during their own permitting process with the city.
(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.
Explain how the request meets this standard.
There will be adequate parking for the periodic visit of one or two people (in one vehicle)
at the site to conduct regular maintenance.
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Application Form Last Updated: December 30, 2014
(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.
Explain how the request meets this standard.
The tower will have a neutral galvanized steel(gray) appearance.
(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.
Explain how the request meets this standard.
Please see accompanyingdrawings.
(1) Air Safety. Support structures 200 feet in height or taller, or those near airports,
shall meet all Federal Aviation Administration regulations.
Explain how the request meets this standard.
Applicant has received an FAA Letter of Determination of No Hazard to Air Navigation,
dated June 17,2016 (Aeronautical Study No. 2016-ACE-1856-OE).
10
1
Application Form Last Updated: December 30, 2014
3. Commercial Zone Standards. The Planning and Zoning Commission and the Zoning
Board of Adjustment shall review each application for the purpose of determining that each
proposed use in a Commercial Zone meets the "Commercial Zone Standards", set forth in
29.1503(4)(b), which are listed below, in addition to the "General Standards" and the
standards for a "Cell Site with Antenna"and shall find adequate evidence that each use in
its proposed location will:
(a) Be compatible with the potential commercial development and use of property
planned to occur in the area.
Explain how the request meets this standard.
The proposed site is very small (3500 square feet,or 0.08 acres)in relation to the parent
parcel (1.69 acres). Currently,the parent parcel is used for mobile home storage,and so no
impact to commercial development or use of property is expected.
(b) Represent the sufficiently desirable need for the entire community that the loss
of commercial land is justifiable in relation to the benefit.
Explain how the request meets this standard.
Wireless communications,both broad access and personal communications
services,benefit the community. The benefit provided by enhanced wireless services in
the community outweighs the loss of such a small piece of land.
(c) Be consistent with all other applicable standards in the zone.
Explain how the request meets this standard.
Wireless communications towers are permitted by Special Use Permit in Highway Oriented
Commercial zones. All applicable standards in this zone will be consistently met.
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Application Form Last Updated: December 30,2014
Cell Site with Antenna
Special Use Permit for a Site in a Commercial Zone
Permission to Place a "Zoning Action Pending" Sign
on Private Property
(This form must be filled out completely before your application will be accepted.)
r
Section 29.1500(2)(d)(iii) of the Zoning Ordinance, requires that notice shall be posted by the
City on the subject property. One notice sign shall be posted for each property. Required
signs shall be posted along the perimeter of the subject property in locations that are highly
visible from adjacent public streets prior to the public hearing.
The owner of property at 310 SE 16th Street,Ames,Iowa hereby grants the City of Ames
permission to place "Zoning Action Pending" signs on the property for the purpose of informing
interested persons of the request for action by the City of Ames.
I understand that the signs will be placed on the property several days prior to action on
the request of the Planning and Zoning Commission, Zoning Board of Adjustment, or the
City Council, and may remain on the property until the request has been approved or
denied by the City.
Signed by: Date:
Property Owner
Print Name
(Note: No other signature may he substituted for the Property Owner's Signature.)
16
Mail Processing Center RECEVED Aeronautical Study No.
Federal Aviation Administration 2016-ACE-1856-OE
Southwest Regional Office J U L 12 2016
Obstruction Evaluation Group
WA
10101 Hillwood Parkway CITY OF NI HOUS
KEPI:OF PLANNING
&HOUSING
Fort Worth,TX 76177
Issued Date: 06/17/2016
Nolan Fox
Pathway Solutions LLC
2222 East 53rd Street,Suite 8-102
Davenport,IA 52807
**DETERMINATION OF NO HAZARD TO AIR NAVIGATION
The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations,part 77,concerning:
Structure: Monopole Ames Duff- STRUCTURE ONLY
Location: Ames, IA
Latitude: 42-00-27.44N NAD 83
Longitude: 93-3 6-22.20 W
Heights: 896 feet site elevation(SE)
125 feet above ground level(AGL)
1021 feet above mean sea level(AMSL)
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any,is(are)met:
It is required that FAA Form 7460-2,Notice of Actual Construction or Alteration,be e-filed any time the
project is abandoned or:
At least 10 days prior to start of construction(7460-2,Part 1)
X Within 5 days after the construction reaches its greatest height(7460-2,Part 2)
Based on this evaluation,marking and lighting are not necessary for aviation safety.However,if marking/
lighting are accomplished on a voluntary basis,we recommend it be installed and maintained in accordance
with FAA Advisory circular 70/7460-1 L.
This determination expires on 12/17/2017 unless:
(a) the construction is started(not necessarily completed)and FAA Form 7460-2,Notice of Actual
Construction or Alteration,is received by this office.
(b) extended,revised, or terminated by the issuing office.
(c) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC)and an application for a construction permit has been filed,as required by the FCC,within
6 months of the date of this determination. In such case,the determination expires on the date
prescribed by the FCC for completion of construction, or the date the FCC denies the application.
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DOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST
BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE.AFTER RE-EVALUATION
OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO
SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED,YOUR DETERMINATION MAY BE
ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.
This determination is based,in part,on the foregoing description which includes specific coordinates,heights,
frequency(ies)and power . Any changes in coordinates,heights,and frequencies or use of greater power will
void this determination. Any future construction or alteration,including increase to heights,power,or the
addition of other transmitters,requires separate notice to the FAA.
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However,this equipment shall not exceed the overall heights as
indicated above.Equipment which has a height greater than the studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance,or
regulation of any Federal, State, or local government body.
Any failure or malfunction that lasts more than thirty(30)minutes and affects a top light or flashing obstruction
light,regardless of its position, should be reported immediately to(877)487-6867 so a Notice to Airmen
(NOTAM)can be issued.As soon as the normal operation is restored,notify the same number.
If we can be of further assistance,please contact our office at(310)725-6591. On any future correspondence
concerning this matter,please refer to Aeronautical Study Number 2016-ACE-1 856-OE.
Signature Control No: 289885331-296094380 (DNE)
Tameria Burch
Technician
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