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HomeMy WebLinkAbout3 ITEM #: 22-02 DATE: 01-12-22 CITY OF AMES DEPARTMENT OF PLANNING AND HOUSING REPORT TO THE ZONING BOARD OF ADJUSTMENT DATE PREPARED: January 7, 2022 CASE FILE NO.: SUP-001376 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 2801 Grand Avenue. PROPERTY OWNER: NGM Ownership Group LC APPLICANT: Capital Tower & Communications, Inc. CONTACT: Jason Tomlinson LOCATION: 2801 Grand Avenue ZONING: "PRC" Planned Regional Commercial BACKGROUND AND PROJECT DESCRIPTION: The applicant, Capital Tower & Communications, Inc., is requesting approval of a Special Use Permit to install mounted antennas and larger stealth canisters on an existing "stealth" monopole at 2801 Grand Avenue, location of the North Grand mall (See Attachment A, Location Map). The height of the existing tower will remain the same. Stealth monopole cellular towers are a standard request and are designed to minimize the visual impact by creating a more streamlined and proportional appearance than standard exterior mounted antennae arrays. A Special Use Permit for the construction of the existing tower was approved by the Zoning Board of Adjustment in October 2001 and included approval of a 120-foot stealth monopole with interior mounted cellular antennas on the west side of the North Grand Mall, south of the west entrance to JCPenney. There are four locations for cellular equipment on the existing monopole. U.S. Cellular is currently the only occupant of the tower. The monopole and existing ground equipment by US Cellular are located in a walled area measuring 35 feet by 20 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 30-inch stealth canisters on the top one-third (40 feet) of the 120-foot tower and replace them with larger antennas and 46-inch stealth canisters. Capital Tower's submitted plans state that a structural analysis was conducted indicating the base will support the new 1 equipment. Pedestrian safety from ice or other falling debris should not be an issue, as the tower meets the setbacks standards of the code and the proposed antennas are interior mounted. An existing brick wall over 10 feet in height borders the base of the tower on the west and south side. The east side of the enclosure has a wood fence, but 8 feet away is the wall of the mall. The area is bound to the north by another wall of the mall. 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),(c), 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.] (c) Commercial Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed use in a commercial zone meets the following standards... [The standards are listed in this report below.] (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. 2 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. Sec. 29.1307(8) 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: No change to the height is proposed. 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 approximately 240 feet from the nearest point of the property line along Ferndale Avenue, approximately 380 feet from the 30t" Street property line, approximately 640 feet from the Grand Avenue property line, approximately 720 feet from the south property line, and approximately 460 feet from the property containing Walgreens (to the southwest). 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: An analysis has verified the structural integrity of the tower and foundation and their ability to support the proposed equipment. The changes to the tower do not include adding any external antennas, so ice and falling debris would not be an issue. 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 equipment compound is also walled 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. 3 (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 masonry wall over 10 feet tall surrounding the base of the pole to the west and south. The area is bound by the North Grand Mall on two sides. 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 will be painted to match the pole. The canisters will be bolted together, and polyester straps will be wrapped around the canisters to secure the sheathing around the antennas. The straps will be painted to match the canisters and the pole. The diameter of the top cannisters increases by 16 inches which results in a moderate bulge in the overall design compared to the current more uniform design profile. The cannister design does not include any perforations that detract from the coloring of the cannister. Conclusions: The strapped cannister design is different than the fitted design of the other similar poles in the City. The changes in proportions and the attachment systems are with a reasonable expectation of slim profile as originally intended with the Special Use Permit approval. If the elements are not affixed correctly or colored consistently the stealth appearance goal for the tower would be defeated. Staff recommends stipulations regarding the coloring and fitting of the system to ensure the desired slim and streamlined appearance is accomplished for the tower design. 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 a masonry wall over 10 feet in height that blends with the exterior of the North Grand Mall. The wall encloses, screens, and secures the equipment and the base of the existing monopole. 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 4 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 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 red brick wall that blends with the adjacent building. 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 antennas will be installed internally and concealed with stealth canisters. The proposed antennas, however, are larger than what is existing, necessitating the larger 46-inch cannisters. 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. The FAA, in 2020, reviewed the tower and has concluded that it is not a 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 through the North Grand Mall parking lot — all of which is paved in asphalt. An opening in the brick wall to access the tower base is located at the southeast corner of the enclosure. The tower did not displace any parking for the mall at the time of its construction. 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 (46-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 surrounded by a wall exceeding 10 feet. New equipment will be located within the existing fence enclosure or in the interior of the stealth tower. Conclusions: The profile of the concealment increases 16 inches in diameter, which a moderate level of width increase compared to the base pole. The proposed coloring and stipulation on attachments address maintaining a streamlined appearance for the pole even if there are no transitions from the pole diameter to the cannister diameter. 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. 6 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. 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. (vi) 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 transmission 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 Planned Regional Commercial zone and the existing tower was approved for a Special Use Permit by the Zoning Board of Adjustment. The ground equipment is concealed by a wall over 10 feet high and by the North Grand Mall. Allowing modifications that maintain 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. 7 Special Use Permit— Commercial Zone Standards. (i) Be compatible with the potential commercial development and use of property planned to occur in area. Findings of Fact: The tower does not interfere with the function of the North Grand Mall nor should it interfere with its continued use as a commercial center. The tower is separated from pedestrian access by a brick wall that blends with the walls of the mall. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (i) for a Special Use Permit. (ii) Represent the sufficiently desirable need for the entire community that the loss of commercial land is justifiable in relation to the benefit. Findings of Fact: The tower enclosure takes up a very small footprint and does not detract from commerce at the North Grand Mall. The proposed renovation of the tower to larger stealth canisters and new internal mounted antennas will not have an effect on the usage of the land. Conclusions: Therefore, it can be concluded that the use meets Residential Standard (ii) for a Special Use Permit. (iii) 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 (iii) 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 30-inch stealth canisters with new 46-inch stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 2801 Grand Avenue based on the findings of fact and conclusions stated herein, as detailed on the submitted Site Plan and Elevations and the stipulation below: a.) The final color of the pole and cannisters shall match. This may require repainting the pole to match the cannisters. The fittings and straps of the cannisters shall also be aligned and secured to ensure a consistent aesthetic and appearance. The pole and cannisters shall be maintained in an ongoing manner with a consistent color and fit. 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 30-inch stealth canisters with new 46-inch stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 2801 Grand Avenue based on the findings of fact and conclusions stated, as detailed on the submitted Site Plan and Elevations. 8 3. The Zoning Board of Adjustment may deny the Amended Special Use Permit for Cell Site with Antenna at 2801 Grand 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 30-inch stealth canisters with new 46-inch stealth canisters and the addition of new interior mounted antennas and associated equipment, located at 2801 Grand Avenue, is consistent with the requirements for a Special Use Permit for a Cell Tower with Antennas and with the general and specific commercial standards required for granting a Special Use Permit. Staff recommends the approval include the stipulation on the appearance of the tower to ensure that the result looks as it is presented. 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 r 919 w c _ 3005 } 3000 �.�■� U Z W w Y > 3209 929 0 ski 30TH ST DUFFAVE 11017 1003 _ 1�B 1007 2925 1015 1005 1001 > �� K ENNEDY-ST'LU Tower Location J 10061002 C 2901 o W ,02 ` i000 x 'a 1104 1004 LU LL Z 106 1012 1108 � 1110 p D 2601 - } 2810 11 8 1005 6 '1120 1124 2801 1011 2 11 1105\11003 1013 2,�Y\-SI 2721 2 1107 1111 1004 27 1010 1006 2715 2719 1104 1012 2711 0 2 k2721 2713 1110 w 27 1106 2706 �I = 116 1112 2704 ~ 1118 2705 2701 27 2 2703 626 3 2624 2623 A 2622 2619 2707 61 2621 2620 -_ 6 2615 D 2616 2613 m 2614 v2701 2615 08 2611 2610 2609 2611 604 2605 2604 2601 26TH'ST 271 1004 2525 1008 Special Use Permit Wireless Cell Tower Upgrade Zoning Board of Adjustment 2801 Grand Avenue 771 January 12, 2022 0 100 200 400 Feet 10 tiJ _ x Tower t . t ,a, r Special Use Permit Wireless Cell Tower Upgrade Zoning Board of Adjustment 2801 Grand Avenue January 12, 2022 N 0 10 Zo ao Feet 11 Attachment B Existing & Proposed Site Plan ISO TiYMV�TFTJ NfV A9 OYIMO aNZ A8 0MO 0>1-94-90-91' road w 00L 1.1.1 ns § O '3AV1IMVK NATTH'N 0108 ® 11Na3 OIB 56790/11 Z So NOUVZINOMA zT inlla� S fl 3N IN d u a oZ/z0/ll t NnoO naols M31A3a 1N311p 6 90 ll 0 01005 VI'S3WV 3nN34V ONVaO 109Z i 4 M3N3a lVNa31Nl BL 80 LlV IIVW 93WV-69M 3nN9AV ONVHO e 1 1 wm � I Fs <x� 4 O aI V 1 I ado a`a Rr Fo � u m uj W X U z Ca a <N �� <- d19 ii� cyj may' y Jn� c z � P HH M fE D `•�! 3AV ONVaO W _.:_ r LU z _ z CO O -- W L a l•-'_ cc W�I LU o — U J W 2 U Q `,�0 7 12 Attachment B Existing & Proposed Compound Plan )l'V**A9 OMHO NNZ A9 OMO 041-9b-90-9L fONd w I£909'li`OOVDTHJ 00© m 004 inns r '3AVTIMVW NANEI'M OIN •V, nN OIB OZ SO ll Z SONKVNO NOLLVZINWOOV4 it T'l7tTn TT�1� •�.n Jam„ 31VOdf1 3110Z Z ll l A1Nf100 3AV .lG`l lt`C 1 lTiS f1N,HO ONVi10 LOSZ wU M3N3N 3fp 90 ll 0 O1005 VI'S3WV 3 N M31A31!1VNllH W 31N1 6l SO ll V 17b'W 83WV'69909E z w �� �Z-� .wmUin¢Oo bj0 Nn Z�Z U12jo �¢ O U�mV �Zw WU�V.�UU o90 z"� iwa igo zi�� Fib Fps V, �w - 3�tnw Fr-in FmzN�In gas uaczo Ro W°sa wo L , o� \ V14 z g 0 z•e U PRO Fm4Oi P F1R��v=i 3 N—O2w w��8 wa�o US w�uo� c I' tE I Q a LLI cc w w m LU w Uz. z. 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