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HomeMy WebLinkAboutA005 - Staff Report dated December 29, 2019 ITEM #: 3 DATE: 01-22-20 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: December 29, 2019 CASE FILE NO. SUP-000834 REQUEST Amendment to an existing Special Use Permit to remove the upper portion of the stealth tower and replace with larger diameter stealth canisters including new antenna and equipment on the existing US Cellular tower located at 106 South Dakota Avenue. PROPERTY OWNER: Ames Women s Club. Constance L. Vaclav CONTACT: Mike Balistreri, Project Manager for U.S. Cellular LOCATION: 106 South Dakota Avenue ZONING: "RH" Residential High Density BACKGROUND AND PROJECT DESCRIPTION The applicant. U.S. Cellular, is requesting approval of an amended Special Use Permit to install interior mounted antennas and substantially larger stealth canisters on an existing "stealth" monopole at 106 South Dakota Avenue, which is the location of the Ames Woman's Club (See Attachment A. Location Map) The height of the existing tower would remain the same Stealth monopole cellular towers are a standard request of the City in order to minimize the visual impact of cellular towers in or near residential areas. A Special Use Permit for the construction of the existing tower was approved in 2003, and included approval of a 120-foot stealth monopole with interior mounted cellular antennas on the east side of the Woman's Club building. north of the parking lot. There are four locations for cellular equipment on the interior of the existing monopole. U.S. Cellular occupies the top three cellular equipment locations (115', 105', and 95') and Verizon occupies the lowest location (85) on the monopole. Iowa Wireless is located on the exterior of the tower at an elevation of 75 feet and has antenna on the current tower that extend outward approximately 25 inches. This installation, approved in 2014 was an amendment to the original SUP. The monopole and existing ground equipment by US Cellular are located in an area lease that measures 50' feet by 50' feet. The existing monopole is located in accordance with required setbacks of the zoning code. Any change to the design that would modify the stealth elements originally approved, requires an amendment to the Special Use Permit. U.S. Cellular is proposing to remove existing antennas and 28" stealth canisters on the top one- third (40 feet) of the 120' tower and replace with larger antennas and 48" stealth canisters. Sabre Industries has submitted a structural analysis to staff and indicates that the tower and 1 base can structurally support the request. The applicant notes that the area will not be affected by safety issues such as ice or other falling debris, because the tower meets the setbacks standards of the code and the proposed antennas are interior mounted. An existing eight-foot tall wood board fence at the boundaries of the lease area encloses, screens, and secures the equipment shelter and the base of the existing monopole. Columnar Arborvitae, spaced at approximately eight feet on-center, were planted outside the lease area next to the fence previously. No change to the existing fencing is proposed, and all new equipment will be located within the existing enclosure. The Zoning Board of Adjustment must determine if the previously approved monopole would continue to meet the Special Use Permit criteria with the proposed external changes that create a large diameter sheath for the antennas. PUBLIC NOTICING: Notification was made to all owners of property within 200 feet. A notice of public hearing was placed on the property and published in the newspaper. APPLICABLE LAW: Chapter 29, Section 29.1307(8) of the Municipal Code includes "Cell Site Standards" stated as follows: (8) Cell Site Standards. The following standards and procedures, in addition to those contained in Section 29.1503, shall apply to the issuance of a Wireless Permit and issuance of a Special Use Permit for a cell site with antenna. (The standards are listed in this report below.) (12) Changes. There shall be no change in the exterior appearance of a cell site, including any change in the profile of the tower, that is a departure from what was shown or represented in the approved Special Use Permit except as allowed by this ordinance. In addition, Section 29.1503(4)(a),(b), and (e) of the Zoning Ordinance 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 (c) 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. (The standards are listed in this report below.) (b) Residential Zone Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a residential zone meets the following standards... (The standards are listed in this report below.) 2 (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. FINDINGS OF FACT & CONCLUSIONS: Based upon the submitted information and site plan provided in the application, the following findings of fact and conclusions may be made regarding the standards of approval. Cell Site Standards. (a) Tower 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 or tower shall be constructed, altered, or maintained so as to project above any of the imaginary airspace surfaces described in FAR Part 77 of the FAA guidance on airspace protection. Findings of Fact: The existing 120-foot structure previously received FAA approval. No change to the height is proposed and therefore the proposed changes will pose no risk to aviation traffic. Conclusions Therefore, it can be concluded that the use meets Cell Site Standard (a) for a Special Use Permit. (b) Setbacks from Base of Tower. The minimum distance between the base of the support or any guy anchors and any property line shall be equal to 50% of the antenna height. Findings of Fact: The existing tower location meets the required setback which is 50% of the height of the tower (60 feet). The tower is situated on the parcel 147' from the north property line, 168' from the south property line. 137' from the west property line and 60' from the east property line. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (b) for a Special Use Permit. (c) 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 devises, as approved by the manufacturers. Findings of Fact: Sabre Industries has performed an analysis to determine the structural integrity of the tower and foundation and its ability to support the proposed equipment. The analysis concluded that the structure and foundation has sufficient capacity to support the existing and proposed equipment. The analysis was performed in accordance with the ANSI/TIA-222-G standard. The changes to the tower do not include adding any external antennas. so ice and falling debris would not be an issue. All radio frequencies are licensed and owned by the 3 applicant which eliminates RF interference. The tower structure is a featureless pole with no provision to climb. Anti-climbing devices are not applicable, as there is no way to climb the tower. The compound is also fenced and locked to deter unauthorized access to the tower. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (c) for a Special Use Permit. (d) Screening. Appropriate screening shall be installed composed of wood, masonry material or other substantial materials. Landscaping may also be required. Findings of Fact: The facility has an existing 8-foot tall wood fence surrounding the lease area. Mature trees and shrubs screen the facility from view. No additional landscaping is trigger by the proposed changes at the top of the pole. Conclusions Therefore, it can be concluded that the use meets Cell Site Standard (d) for a Special Use Permit. (e) Painting and Visual Aesthetics. The design of towers, antennas and base stations should minimize the visual impact of the facility through siting, landscape screening, and stealth techniques. (a) Towers shall either maintain a galvanized steel finish (dull gray or white) or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness to the maximum extent possible. Findings of Fact: The new canisters are a special white plastic "RF friendly" material allowing the antenna signal to penetrate to the outside. Except for the size of the canisters, the material is the same as what is already in place for the upper portion of the tower. If the canisters were the same material as the tower. the signal would be blocked. The resulting color scheme is a two toned colored tower. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (i) for a Special Use Permit. (ii) The design of the base station and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Findings of Fact: The existing equipment area is surrounded by an eight-foot tall wood board fence at the boundaries of the lease area. The fence encloses, screens. and secures the equipment and the base of the existing monopole. Columnar Arborvitae, spaced at approximately eight feet on- center, was planted outside the lease area next to the fence many years ago. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (ii) for a Special Use Permit. (iii)The wireless facility shall be designed to complement the physical landscape in which they are intended to be located. Examples of stealth techniques that may be compatible include but are not limited to faux trees, unipoles/"slick sticks", bell towers, etc. New stealth towers shall be configured and located in 4 a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. New freestanding structures shall be designed to be compatible with adjacent structures and landscapes with specific design considerations such as architectural designs, scale, color and texture. Findings of Fact: The existing facility adheres to all of the required concealment standards with the use of a slick pole, equipment located behind stealth canisters, light colored appearance, and wood compound fence with mature trees and shrubs to conceal ground buildings. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (iii) for a Special Use Permit. (iv)Conduit or cable must be concealed on towers with externally mounted equipment. Findings of Fact: The cable for the tower will be mounted internally and concealed Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (iv) for a Special Use Permit. (v) The use of internally mounted or flush mounted technology is encouraged when adjacent to residential areas, prominent commercial areas and prominent entryways to the city. Findings of Fact: New antenna will be installed internally and concealed with stealth canisters. However. in order to conceal the antennas, the canisters are required to be 48" which is substantially larger than the existing tapered tower. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (v) for a Special Use Permit. (f) Air Safety. Support structures 200 feet in height or taller, or those near airports, shall meet all Federal Aviation Administration regulations Findings of Fact: The existing structure is less than 200 feet and was approved by the FAA in 2003 to be "no hazard to air navigation". Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (f). (g) Separation Requirements. Towers exceeding 50 feet in height, except those incorporation stealth techniques, shall be place at minimum one-quarter mile apart. Wireless facilities in right-of-way are not subject to separation requirements. Findings of Fact: There are no wireless towers within a quarter mile of this structure. Conclusions Therefore, it can be concluded that the use meets Cell Site Standard (g)• 5 (h) Access. All access to wireless communications sites must be hard surface (PCC or HMA) unless approved otherwise subject to a special use permit by the Zoning Board of Adjustment. Placement of a tower shall not affect the use or access to required parking of a principal use on site. Findings of Fact: The existing access to the tower is off of a paved drive and parking lot. An existing short gravel access drive (approximately 8' wide by 12' deep) is located on the north side of the parking lot and leads through a gate to the fenced-in equipment compound area. The existing gravel drive was part of the prior approval. Conclusions: Therefore, it can be concluded that the use meets Cell Site Standard (h)• Special Use Permit - General Standards. (i) Be harmonious with and in accordance with the general principles and proposals of the Land Use Policy Plan (LUPP) of the City. Findings of Fact: The exiting tower has an approved Special Use Permit and was found to be in accordance with the general principles of the LUPP and the City at the time of initial approval. Conclusions Therefore, it can be concluded that the use meets General Standard (i) for a Special Use Permit. (ii) Be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing and 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. Findings of Fact: The proposed revisions to the tower will include wider (48-inch diameter) stealth canisters to conceal the new antennas. Rather than tapering at the top, the tower will have the appearance of a "cap'' over the top 40 feet. The existing compound area is fenced with an 8-foot wood fence and screened by landscaping. New equipment will be located within the existing fence enclosure or in the interior of the stealth tower. Conclusions Therefore, it can be concluded that the use meets General Standard (ii) for a Special Use Permit. (iii) Not be hazardous or disturbing to existing or future uses in the same general vicinity. Findings of Fact: There are no hazardous materials kept on site and this is an unmanned facility so there is minimal activity at this location. The monopole meets recognized engineering standards and wind and ice loading criteria. This property will be maintained on a regular basis. The operation of the equipment is licensed by the FCC to meet federal regulations. Conclusions. Therefore, it can be concluded that the use meets General Standard (iii) for a Special Use Permit. (iv) Be served adequately by essential public facilities and services such as highways, streets, police, fire protection, drainage structures, refuse disposal, water and sewage facilities, and/or schools. 6 Findings of Fact: The tower does not generate waste and no water or sewer service is required. The majority of the leased area consists of permeable materials; therefore drainage is unaffected by the improvements. Conclusions Therefore, it can be concluded that the use meets General Standard (iv) for a Special Use Permit. (v) Not create excessive additional requirements at public cost for public facilities or services. Findings of Fact: There will be no additional public costs for public facilities or services to accommodate the proposed renovation of the tower. The proposed changes will improve cellular coverage for the public. Conclusions: Therefore, it can be concluded that the use meets General Standard (v) for a Special Use Permit. (v i) Not involve uses, activities, processes, materials, and 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. Findings of Fact: There are no activities or materials within this leased area that pose any public threat. This facility is a RF transmit tower and emits no noise, smoke. fumes. glare, or odor. The operation of the equipment is licensed by the FCC to meet federal regulations. This is an unmanned facility that will not generate any additional traffic in the area. Conclusions: Therefore, it can be concluded that the use meets General Standard (vi) for a Special Use Permit. (vii) Be consistent with the intent and purpose of the Zone in which it is proposed to locate such use. Findings of Fact: A cell tower is an allowable use in the Residential High Density zone and the existing tower was approved for a Special Use Permit by the Zoning Board of Adjustment. The ground equipment is concealed with fencing and landscaping. Allowing modifications that maintain its compatibility with the surroundings is consistent with state and local cell site standards. Conclusions Therefore, it can be concluded that the use meets General Standard (vii) for a Special Use Permit. Special Use Permit - Residential Zone Standards. (i) Not create excessively higher levels of traffic than the predominant pattern in the area and not create additional traffic from the proposed use that would change the street classification and such traffic shall not lower the level of service at area intersections. Findings of Fact: Infrequent visits to the site for regular maintenance would be the only traffic and will have no effect on the level of service at intersections in the area. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (i) for a Special Use Permit. (i i) Not create a noticeably different travel pattern than the predominant pattern in the area. Special attention must be shown to deliveries or service trips in a residential 7 zone that are different than the normal to and from work travel pattern in the residential area. Findings of Fact: The proposed renovation of the tower to larger stealth canisters and new internal mounted antennas would not change the travel pattern in the area. Service technicians visiting the site would continue to use the driveway from Todd Drive to access the site. Conclusions Therefore, it can be concluded that the use meets Residential Standard (ii) for a Special Use Permit. (iii) Not generate truck trips by trucks over 26,000 g.v.w. (gross vehicle weight) to and from the site except for waste collection vehicles, food delivery vehicles, and moving vans. Findings of Fact: Trucks that would visit this site would not have a gross vehicle weight of 26,000 pounds. or above. Conclusions Therefore, it can be concluded that the use meets Residential Standard (iii) for a Special Use Permit. (iv) Not have noticeably different and disruptive hours of operation. Findings of Fact: Infrequent visits to the site for regular maintenance would not be disruptive and would occur during regular business hours. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (iv) for a Special Use Permit. (v) Be sufficiently desirable for the entire community that the loss of residential land is justifiable in relation to the benefit. Findings of Fact: The proposed renovation will occur on an existing cell tower. All proposed equipment will be located within the existing mechanical enclosure or within the tower. Conclusions Therefore, it can be concluded that the use meets Residential Standard (v) for a Special Use Permit. (vi) Be compatible in terms of structure placement, height, orientation, or scale with the predominate building pattern in the area. Findings of Fact: This is a renovation of an existing 120' tower. The renovation would change the upper elevation of the tower from the appearance of a tapered tower to more of a tower with a 40' cap. The new stealth canisters would replace the upper one-third (40 feet) of the existing tower with substantially wider canisters, resulting in the appearance of a "cap'. New antennas would be mounted on the interior of the tower. The appearance and proportions other tower would change with the expanded canisters, but the general appearance of stealth design would be maintained. Conclusions. Therefore, it can be concluded that the use meets Residential Standard (vi) for a Special Use Permit. (vii) Be located on the lot with a greater setback or with landscape buffering to minimize the impact of the use on adjacent property. 8 Findings of Fact: The tower met all the minimum setback requirements and the existing enclosure is surrounded by an opaque fence and plant material to sufficiently screen the equipment from public view. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (vii) for a Special Use Permit. (viii) Be consistent with all other applicable standards in the zone. Findings of Fact: The proposed cell tower site is consistent with all other applicable standards in the zone. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (viii) for a Special Use Permit. ALTERNATIVES: 1 The Zoning Board of Adjustment may approve the Amended Special Use Permit for a Cell Tower with Antennas to allow for replacement by U S. Cellular of 40 feet of existing 28' stealth canisters with new 48" stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 106 South Dakota Avenue based on the findings of fact and conclusions stated herein. as detailed on the submitted Site Plan and Elevations. 2. The Zoning Board of Adjustment may approve with conditions the Amended Special Use Permit for a Cell Tower with Antennas to allow for replacement by U.S. Cellular of 40 feet of existing 28" stealth canisters with new 48" stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 106 South Dakota Avenue based on the findings of fact and conclusions stated, as detailed on the submitted Site Plan and Elevations. 3. The Zoning Board of Adjustment may deny the Amended Special Use Permit for Cell Site with Antenna at 106 South Dakota Avenue if the Board finds and concludes that the proposed amendment to the Special Use Permit is not consistent with adopted policies and regulations, or that the amendment will impose impacts that cannot be reasonably mitigated. 4. The Zoning Board of Adjustment may continue this request to a future meeting of the ZBA to allow the applicant to provide additional information. RECOMMENDED ACTION: Staff concludes that the proposed Amended Special Use Permit for a Cell Tower with Antennas to allow replacement by U.S. Cellular of 40 feet of existing 28' stealth canisters with new 48' stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 106 South Dakota Avenue is consistent with the requirements for a Special Use Permit for a Cell Tower with Antennas and with the general and specific residential standards required for granting a Special Use Permit. The cellular tower use will operate in manner that is compatible with the surrounding uses and not cause a nuisance to adjacent neighbors. 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. 9 Attachment A Location & Zoning Map RL INCO LN WAY LIN'O LN WAY I I NCO,N HOC O 4 F 106 SOUTH DAKOTA ° AVENUE R H F .t; x M �,C vQSJf TODD DR Q _ t �RL LOCATION & ZONING MAP 504 Stanton Avenue Legend N 0 62.5 125 250 Feet Q Parcel Selechon Parcels 10 Attachment B Photo Simulation y. ® w..t Lrlcan amen N106 S D*kO r A" rw ra..0 r..... 1 O6 5 DakoM Ara 106s DWwbLA5DAo.e �Moo..a.. A A—acoon liSCeHular a l m...Ason US.(t:IlUl.tr "��+Ni°n' ocow W D. Sls m C— ® a-oaoro ae'CwanaM 6r.ro,Car.1v U5C-760559 ® 18- a-79 E,.,*N 120 kft—ol. 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