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Home My WebLink About~Master - Zoning Board of Adjustment Minutes 8-12-2015MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA AUGUST 12, 2015 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on August 12, 2015, in the Council Chambers of City Hall with the following members present: Susan Bradbury, Kyle Perkins, Michael Davis and Matthew Koehler. Board Member Shelby Ebel was absent. Staff members Charlie Kuester and Jessica Spoden were also present. APPROVAL OF MINUTES: Moved by Bradbury, seconded by Perkins, to approve the minutes of the meetings of June 24 and July 22, 2015, as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 15-15 SPECIAL USE PERMIT – Iowa RSA 10, LLC, 1325 South 4th Street Public Hearing on application for a Special Use Permit to allow a portable cellular 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, Verizon Wireless, is seeking to place a portable cellular tower on land near Jack Trice Stadium in order to provide acceptable coverage during peak call times on home football Saturdays. The temporary service had 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. However, Verizon sought and received approval from the Zoning Board of Adjustment in 2012 and 2013 for a similar portable cell tower at this location. The project is described as a cell-on-wheels, sometimes referred to as a “COW.” It is a trailer with a pneumatically operated tower that will rise to a height of 28 feet. The trailer will also contain the necessary electronic equipment. The trailer will be surrounded by a six-foot tall wood fence. Electricity will be available from the City and will be provided from an adjacent power pole. No other site improvements are proposed as it is viewed as temporary by the applicant. In previous approvals, conditions were in place to ensure that if the tower remained on site that required improvements were made to comply with zoning standards. The applicant has stated that the COW will be in service from approximately one week before the first home ISU football game to one week following the last home game; it will be in service the entire time. By leaving the tower in operation throughout the entire season, it would reduce the need for cellular technicians to visit the site to turn the equipment on and off. The City has a mechanism for the review and approval of wireless communications facilities. However, the City’s experience has been with traditional permanent facilities, either a freestanding pole or mounted on existing tall structures. This is the third time this type of temporary request has been made. The site and proposal for the COW are very similar to the previous application; therefore, staff is proposing the same conditions as in the previous application. Staff’s analysis of the submitted information finds that, for the most part, the criteria have been met and the development standards are satisfied; the issue of parking and landscaping remain, the site has only gravel installed. To install approximately 140 feet of asphalt, plant shrubs and trees along its entire length for a temporary use that will be removed by the end of November is an investment that Verizon is not willing to make. Staff agrees that this requirement appears to be directed at more permanent installations. Staff believes that a deferral of this requirement, provided that appropriate financial security is in place, is appropriate. 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, 2016 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. Mr. Kuester also asked that a second condition be placed upon approval. That condition being that the use of the emergency generator on the cell tower be limited to only emergencies and not be routinely tested because of the nearby residential neighborhood. Ms. Bradbury expressed her concern toward the tower being located in the floodway fringe overlay district. She inquired how the tower would hold up in the instance of flooding and what the possibilities of the trailer getting picked up and moved by water are. Mr. Kuester noted that the regulatory flood plain requirement is a 100 year flood event. He informed the board that this tower will be three feet above the 100 year flood plain event. He also said that whenever a temporary use is approved, there is also an evacuation plan developed that includes contact information, as well as a plan to get the trailer out safely and timely to a different location. Mr. Kuester explained that flood plain development permits are administratively approved by staff and that the applicant has applied for the permit. Kristina Ortolani, 821 Dawsonville Highway, Ste. 250-324, Gainesville, GA 30501, respectfully requested approval of the permit by the board and thanked the board for their time. Ms. Bradbury inquired what the cell tower would look like. Ms. Ortolani responded that the mass will rise out of the truck and will go up in the air 28 feet; it is a solid piece that will not move. She said that the mass will stay at 28 feet because the tower is stable at that height; any higher than 28 feet and anchors become necessary. Ms. Bradbury inquired if there would be fencing, and what that fencing would look like if it is installed. Mr. Kuester said that a six foot tall embedded fence is put in and taken out before and after temporary use of the site; the fence meets 90 mph wind load requirements. Mr. Perkins inquired what Verizon did in 2014 to accommodate the increase in traffic since they didn’t apply for a permit. Ms. Ortolani noted that they only put one in on Iowa State property last year; this location is necessary again this year for the Iowa versus Iowa State game. Mr. Davis inquired if the testing of the generator is something that people complain about and wondered if that is why Mr. Kuester asked to place the condition upon approval regarding the testing of the generator. Mr. Kuester explained that most cell towers are farther away from residents; this tower is near residents which is why the condition to limit the testing of the generator to emergencies only may be appropriate. He does not believe this is a condition that has been placed upon approval in previous years. Mr. Davis asked Ms.Ortolani if they have ever had a City ask them to limit the testing of the generator. Ms. Ortolani informed the board that there is already a box out there for commercial power and fiber, so the tower may only be turned on for games. She also said that it is likely that because the tower is there for such a short period of time that the tower will only be tested upon placement. Moved by Bradbury, seconded by Davis to adopt ORDER NO. 15-15, thereby approving the request for a Special Use Permit to allow a portable cellular tower at 1325 South 4th Street during ISU football season, based on the findings of fact and conclusions with the conditions that: a. The required landscaping and paving may be deferred until May 1, 2016 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. b. The use of the emergency generator on the cell tower be limited to only emergencies and not be routinely tested because of the nearby residential neighborhood Vote on Motion: 4-0. Motion declared carried unanimously. COMMENTS: ADJOURNMENT: Moved by Davis, seconded by Perkins, to adjourn the meeting at 7:37 p.m. _____________________________ _________________________________ Erin Cain, Recording Secretary Matthew Koehler, Vice Chair