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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 11-09-2016MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA NOVEMBER 9, 2016 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 6 :00 p.m. on November 9, 2016, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Kyle Perkins, Matthew Koehler, Susan Bradbury, and Amelia Schoeneman. City Planner Justin Moore and Assistant City Attorney Mark Lambert were also present. APPROVAL OF MINUTES: Moved by Perkins, seconded by Koehler, to approve the minutes of the meeting of October 12, 2016. Vote on Motion: 5-0. Motion declared carried unanimously. CASE NO. 16-09 SPECIAL USE PERMIT – Matt Kundert, Pathway Solutions LLC, Public Hearing on a Special Use Permit to allow a wireless communication tower at 310 SE 16th Street. City Planner Justin Moore displayed a location map for the project. Matt Kundert, Pathway Solutions LLC, seeks approval to construct a new cell tower on the property located at 310 SE 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 SE 16th Street on the north. Across SE 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 property is zoned Highway Oriented Commercial (HOC) and is owned by Flummerfelt Properties, LLC. The proposed tower will be visible in all directions of this location. The property 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). It has access from the south side of SE 16th Street. The property is currently a gravel parking area that is used for the temporary parking of mobile homes with 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 tall cell tower and associated ground equipment structure. The diameter of the pole is approximately five feet with a taper as it rises. The tower features a five-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 four antenna arrays sections mounted in three directional sectors. Each array is proposed to extend out approximately six 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 also antenna space for future carriers. The monopole is proposed to be constructed of gray galvanized steel. The tower is designed to house the required cabling within the tower. A six-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 SE 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 SE 16th Street along the north side of the property as well as installation of sidewalk within the right-of-way along SE 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. It was said that 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 was 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. The site plan, project description, applicable law, and Findings of Fact and Conclusions were reviewed in detail by Mr. Moore. He stated that based upon the Findings of Fact and Conclusions, 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 deny the Special Use Permit for Cell Site with Antenna at 310 SE 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. 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. Ms. Bradbury wanted to clarify if the height that the proposed tower is said to exceed is the 85 feet listed in the Zoning Code. Mr. Moore said that was correct. He said there is a set standard regulation for maximum allowed structural or building height in the HOC zoning district and in this case, a Special Use Permit would allow the tower to be the proposed 120 feet. Ms. Schoeneman asked if Mr. Moore would speak about how the current use of the vacant mobile home storage relates to the HOC zoning district, and asked what would be preferred for the site in terms of making it into a gateway. Mr. Moore stated that the current use of t he site is for a small business with the majority of the property being used for a parking area. Flummerfelt Properties utilizes the rest of the property. He stated that the current use of the site is an allowed use in the HOC zoning district. Matt Kundert, Pathway Solutions LLC, was sworn in and testified under oath. Mr. Kundert displayed a map of past wireless efforts and compared them to the proposed cell tower. He said that the proposed cell tower would be completely screened from highway views and neighborhoods. Mr. Kundert described the lengthy process to meet all guidelines and federal standards. Mr. Kundert then discussed the importance for cellular towers and the uses for cell phones through several statistics. Mr. Kundert proceeded to point out some areas in the staff report that were of concern. He stated that by using the Land Use Policy Plan (LUPP) for evaluating tower placement, unless the towers are specifically listed, is not appropriate. He mentioned this represents a departure from the other sections of the Municipal Code to tell placement and the performance standards for the Special Use Permit. He also mentioned that a diagram was provided, when the staff report says otherwise. Mr. Kundert believes that several areas in the staff report are in violation of the Iowa Cell Siting Act, Section 8C.4 – Uniform Rules. He said it is not permitted to discriminate between types of infrastructure. Ms. Bradbury said Staff has identified which areas of the Code no longer adhere to the new legislation. Mr. Moore added that the criteria affected by the Iowa Cell Siting Act have been noted in bold in the staff report. Mr. Kundert replied that those areas have been addressed, but there are parts of the LUPP that are also being addressed as reasons to look at the project for a denial which were not referenced correctly. It was said that the application was submitted in July, and was discussed with the Development Review Committee (DRC) in late July. Mr. Lambert asked Mr. Moore if a notice was sent asking for more information on the project in order to make the application complete. Mr. Moore said Staff reviewed the application for completeness, and during the DRC meeting in late July, Staff gave comments to a representative of the company. The representative also met with various City departments to review the development criteria. Mr. Lambert expressed his concern regarding Section 8C.3 of the Iowa Cell Siting Act which states “An authority shall not…dictate the type of transmission equipment or technology to be used by the applicant or discriminate between different types of infrastructure or technology.” He stated his concern about denying on that basis. Mr. Kundert pointed out that after the initial documents are submitted, the Iowa Cell Siting Act puts a limit on how long additional information can be requested. After that point, Staff cannot ask for additional information, and the application would be complete. If additional information was needed, a decision cannot be based on the lack of. Ms. Bradbury asked if that meant they could not ask for any more information. Mr. Lambert said that was correct. Mr. Moore said that the application was deemed complete in July, but after meeting with the applicant and the DRC, Staff indicated the need for additional information or potential changes that had to be made. He said the applicant was aware of this in July. Mr. Kundert stated that the requested items were provided, and because no letter of deficiency was sent, the application was deemed complete. Ms. Bradbury stated that the height of the tower is an issue because the area is a gateway to the City. She mentioned that trees in that area would not screen the proposed tower and the visibility of it is a concern. Ms. Bradbury asked the applicant if the cellular tower did indeed need to be the proposed 125 feet. She said that other towers have been high, but not quite that high. Mr. Kundert stated his belief that the City does not want more towers. He said this tower would address the issue in the area, and mentioned that there are already two carriers waiting to go on the proposed tower. It was said that the tower would accommodate four arrays, each belonging to a specific wireless provider. Mr. Kundert explained that four antennas would be on each sector of the arrays, allowing for multiple spectrum bands. He mentioned the City can dictate the height of the tower, but cannot dictate the technology. Ms. Bradbury restated her concern for the height of the tower, and encouraged the idea of co - location. She mentioned that antennas are sometimes placed on a tall structure, rather than building a new tower. Mr. Kundert said if there was a building in the area similar to the height of the proposed tower, they would consider it an option. He stated that this specific area is where the demand is, and if the height of the tower were limited to 80 feet, multiple towers would be needed to accommodate the demands from cellular carriers. Ms. Bradbury asked what the height of the most recent tower built was. It was said the tower was 120 feet tall with three arrays, and it is located in a wooded area. It is zoned Special Government Airport (SGA). Ms. Ebel asked if the tower would be built with all four arrays on it initially or would they be slowly added over time. Mr. Kundert stated that it would be built with compliance as a multi- carrier tower. It would be built for what is needed, but have capacity for more. He said there is very high demand in this area. Mike Flummerfelt, Flummerfelt Properties, LLC, was sworn in and testified under oath. Mr. Flummerfelt stated that he had spoken with several of the residents living in the area of the proposed cell tower and they did not show any concern. He mentioned that the main concern seems to be the aesthetic value, and the landscaping with future development would add to the aesthetic improvement. Mr. Flummerfelt stated that there is a need for wireless service, and one tower would address the needs in a more efficient way rather than having to build multiple cell towers. Mr. Koehler confirmed the dictation of arrays, height, stealth, and technology is not permitted, but said there is still a desire to be aesthetically pleasing. Ms. Schoeneman said that she agreed that future development in the area could be catalyzed with the proposed tower. Moved by Perkins, seconded by Koehler, to approve ORDER NO. 16-09, thereby approving the request for a Special Use Permit to allow a wireless communication tower with antennas at 310 SE 16th Street based on the findings of fact and conclusions stated herein, as detailed on the submitted Site Plan. Roll Call Vote: 5-0. Motion declared carried unanimously. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Perkins, seconded by Schoeneman, to adjourn the meeting at 7:12 p.m. _____________________________ _____________________________ Heidi Petersen, Recording Secretary Shelby Ebel, Chair