HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 8-10-2016MINUTES OF THE REGULAR MEETING OF
THE ZONING BOARD OF ADJUSTMENT
AMES, IOWA AUGUST 10, 2016
The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6:00 p.m. on
August 10, 2016, in the Council Chambers of City Hall with the following members present:
Susan Bradbury, Kyle Perkins, Matthew Koehler and Amelia Schoeneman. Board Member Ebel
was absent. Staff members Charlie Kuester and Mark Lambert were also present.
APPROVAL OF MINUTES: Moved by Perkins, seconded by Schoeneman, to approve the
minutes of the meeting of July 13, 2016.
Vote on Motion: 4-0. Motion declared carried unanimously.
CASE NO. 15-05
SPECIAL USE PERMIT – Verizon Wireless, 600 South Maple Avenue
Board action to grant 60 day extension of Special Use Permit for a cell tower on the
property located at 600 South Maple Avenue*
City Planner Charlie Kuester explained that the Board approved a Special Use Permit for a
proposed Verizon cell tower at 600 South Maple Avenue on June 24, 2015. The Board also
approved a Conditional Use Permit in the Floodway on that same date. The applicant asked the
Board for a 60 day extension, which was granted, on June 22, 2016.
Ames Municipal Code, Section 29.1503(5) states that Special Use Permits shall expire 12
months after the date of approval unless a building permit is issued and actual construction has
begun. The Board may grant an additional 60-day extension upon written request. Verizon
provided a written request on July 20, 2016. If the Special Use Permit expires, the applicant
would need to submit a new application.
The extension granted on June 22, 2016 requires construction to commence before August 22,
2016. Verizon provided a written request on July 20, 2016 asking for an additional 60-day
extension. Verizon is still awaiting federal regulatory approval and is requesting an additional
60-day extension.
Mr. Kuester feels that the delay in construction appears to be out of the hands of the applicant.
There have been no changes in design specifications or local regulatory requirements that a new
application for the same project would need to meet. Therefore, staff believes an additional 60-
day extension would not harm the interests of the city or neighborhood. Staff notes that
additional extensions beyond October 22, 2016 are discouraged without a verifiable timeframe
for construction. In conclusion, Mr. Kuester noted that he received an email earlier in the day
from the applicant noting that they had received the approval needed and will begin construction
in September 2016.
Moved by Perkins, seconded by Bradbury, to approve the 60-day extension request for the
Special Use Permit approved on June 24, 2015 for the property located at 600 South Maple
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Avenue.
Roll Call Vote: 4-0. Motion declared carried unanimously.
CASE NO. 16-05
SPECIAL USE PERMIT – New Cingular Wireless PCS, LLC, 1325 South 4th Street
Public Hearing on application for a Special Use Permit to allow a temporary cell tower on
the property located at 1325 South 4th Street*
City Planner Charlie Kuester displayed a location map and site plan for the project. He noted that
the applicant, AT&T, is seeking to place a portable cellular tower on land near Jack Trice
Stadium in order to provide capacity during peak call times on home football Saturdays. The
temporary service has been provided in the past by placing the portable cellular tower on land
owned by the University, which did not subject it to City of Ames zoning regulations.
Mr. Kuester noted that this site has previously been used for a portable cellular tower location
with Special Use Permit approval from the Zoning Board of Adjustment in 2012, 2013, and
2015. The Special Use Permits were approved to allow the use, but also allowed posting of a
bond for construction of site improvements if the tower was not removed within a specified time
frame. The only notable change to the area since last year is the construction of apartments to the
southeast of the site.
The proposed tower is a 71-foot tall ballasted tower. It sits upright on, and attached to, a 25’ by
25’ base. A 10’ by 30’ equipment trailer will sit alongside the base. The compound, about 40’ by
40’, will be enclosed by a 6’ wood fence. Mr. Kuester said that City staff feels the development
standards of Article 4 have been met except as noted below.
Mr. Kuester informed the Board they do not have the right to waive any of the standards of the
zoning regulations. Although not specified in the zoning ordinance, due to the unique request,
the Board may defer installation of certain improvements provided an acceptable financial
security is held by the City for their implementation. The installation of permanent paving and
landscaping for a temporary use may not be necessary if a bond is held by the City. The terms of
the bond would be such that if the cell tower were not removed within a reasonable time limit,
the City would draw upon the bond and install the required improvements. Staff will recommend
this option deferring the installation of the required improvements.
The site plan, project description, applicable law, and findings of fact and conclusions were
reviewed in detail by Mr. Kuester. He explained that City staff has reviewed the request and
recommends that the Board approve the request for a Special Use Permit subject to the following
condition:
a. The required landscaping and paving may be deferred until May 1, 2017 provided the
applicant submit financial security in a form acceptable to the City for that amount
noted in the engineer’s estimate of probable cost of improvements that satisfy the
City’s development standards. Said security would be valid until drawn upon by the
City or returned to the applicant. If the equipment is removed from the site prior to
that date, the financial security will be returned.
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Mr. Koehler inquired if the security has been received and whether or not the security is 100% of
the cost or if there’s a cushion. Mr. Kuester explained that there’s an estimated cost of
construction and they are looking for 100% of the financial cost for the security.
Mr. Koehler asked what the anti-climbing standards are for the fence. Mr. Kuester noted that it’s
a six foot dog eared wooden fence; the zoning district does not allow anything taller than a six
foot fence.
Steve Ward, 15 Park Place, Swansea, Illinois, was sworn in and testified under oath. Mr. Ward
responded to Mr. Koehler’s inquiry regarding anti-climbing standards for the fence and informed
the Board that that there are not any climbing pegs on the tower until about 16-20 feet from the
ground. Mr. Ward concluded that there are also security systems in the tower that are monitored;
there are alarms that go off if anyone is in the area.
Ms. Bradbury inquired what the proposed date is to install the tower. Mr. Ward explained that
the tower is at the State Fair right now but that the tower will likely be installed a few days after
the fair is over. He also said that the tower will be taken down two weeks, or so, after the last
home football game.
Ms. Bradbury inquired about the need for a Flood Plain Development Permit. Mr. Kuester
replied that the permit is ready and approvable; however, it can’t be approved until after the
Board has approved the Special Use Permit.
Ms. Schoneman questioned if this type of fencing is typical of other temporary cell tower
installations. Mr. Kuester noted that it is typical of what’s been used in the past because barb
wire, electric and chain link fencing are not allowed.
Ms. Schoneman inquired what the future need might be for temporary cell towers. She said that
they just approved an application for the construction of an AT&T cell tower down the road and
wondered if that might help to negate the need for this temporary cell tower in the future. Mr.
Kuester said that the tower being constructed at 600 South Maple is a Verizon Wireless tower.
Ms. Schoneman questioned if there could potentially be co-location. Mr. Kuester explained that
that could be an option; however, the university is reluctant to allow cell towers on their property
anymore. Mr. Kuester noted that in years previous, they urged cell carriers to contact the
university rather than the city because there are no zoning requirements but the university is now
trying to avoid temporary cell towers on their property. Mr. Kuester concluded that it might be
beneficial for the applicant to find a more permanent location.
Ms. Bradbury voiced her support regarding advising the applicant to look into finding a more
permanent solution since this is the third time in four years that there has been a request for a cell
tower at this location. Ms. Bradbury explained that she can recognize that there’s a need but at
what point does something temporary become permanent. She feels the applicant should look at
that and consider it for the future. Ms. Bradbury also said this area is wooded and screened fairly
well from the established neighborhood; however, with the new apartment complex built on the
other side of south 4th Street, it makes the tower more visible than in years previous especially
with the height of the tower compared to the height of towers in previous years.
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Moved by Bradbury, seconded by Perkins to adopt ORDER NO. 16-05, thereby approving the
request for a Special Use Permit to allow a temporary cell tower at 1325 South 4th Street, based
on the findings of fact and conclusions, and subject to the following condition:
a. The required landscaping and paving may be deferred until May 1, 2017 provided the
applicant submit financial security in a form acceptable to the City for that amount
noted in the engineer’s estimate of probable cost of improvements that satisfy the
City’s development standards. Said security would be valid until drawn upon by the
City or returned to the applicant. If the equipment is removed from the site prior to
that date, the financial security will be returned.
Roll Call Vote: 4-0. Motion declared carried unanimously.
COMMENTS: There were no comments by the Board.
ADJOURNMENT: Moved by Perkins, seconded by Bradbury, to adjourn the meeting at 6:26
p.m.
_____________________________ _________________________________
Erin Cain, Recording Secretary Matthew Koehler, Vice Chair