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HomeMy WebLinkAbout~Master - Zoning Board of Adjustment Minutes 7-24-20131 MINUTES OF THE REGULAR MEETING OF THE ZONING BOARD OF ADJUSTMENT AMES, IOWA JULY 24, 2013 The Ames Zoning Board of Adjustment met, pursuant to law, in regular session at 7:00 p.m. on July 24, 2013, in the Council Chambers of City Hall with the following members present: Shelby Ebel, Elizabeth Erbes, Sandra McJimsey, and Patrick Brooks. Chair Gary Taylor was absent. Staff members Kelly Diekmann, Karen Marren and Jessica Spoden were also present. APPROVAL OF MINUTES: Moved by Erbes, seconded by Ebel, to approve the minutes of the meeting of July 10, 2013, as written. Vote on Motion: 4-0. Motion declared carried unanimously. CASE NO. 13-08 SPECIAL USE PERMIT - IOWA RSA 10, LLC DBA VERIZON WIRELESS, 1325 SOUTH FOURTH STREET Public Hearing on application for Special Use Permit to allow a temporary cellular tower on the property located at 1325 South 4 Streetth City Planner Karen Marren explained that 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. Ms. Marren noted that a similar request was granted by the ZBA last year. The cell-on-wheels, or “COW,” is a trailer with a pneumatically operated tower that will rise to a height of 28 feet, a considerable reduction from the 69-foot tower from last year. Electricity will be provided through the City from an adjacent power pole. Ms. Marren noted that the applicable law, criteria, and findings of fact and conclusions are detailed in the staff report. She said that Verizon Wireless used a generator at certain times last year, but this year no generator will be used, as there is electricity available through the power pole. Ms. Marren explained that any development in the city is subject to the Development Standards of Municipal Code Chapter 29, Article 4. These standards include paving of any parking area with asphalt or concrete, as well as landscape screening between all parking areas and adjacent residential zones and rights-of-way. Those criteria have not been met; however, Ms. Marren stated that 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 by May 1, 2014, the City would draw upon the bond and install the required improvements. Board Member Erbes asked why this case was before the Board a second time. Ms. Marren said that Verizon had intended to only do this one time last year. She deferred to the applicant for further explanation. Dave Fischer, Verizon Wireless, 2324 University Avenue W #200, St. Paul, Minnesota, said that the portable cell site is used to offload traffic when there is a large amount of people in the area for football games. In previous years, Verizon located its tower on Iowa State University (ISU) property. However, due to some changes with ISU, it was unable to secure a spot both last year and this year. In the future, there may be some small cell technology coming to the University, but that has not come to fruition yet. Until then, Verizon needs to utilize the COW to deal with the extra traffic. 2 Board Member Brooks inquired about Verizon’s plans to install infrastructure on the site, if the tower has not been removed by May 1, 2014. Mr. Fischer said he does not believe that there are any plans for permanent or future development at this location. If things progress with the University, there may be some in-building solutions in the future, but there is also a possibility that they may come back before the Board again next year. Mr. Fischer stated that technology is moving and changing; these types of situations are handled year by year when analyzing the budget and network. Upon being questioned by Board Member Ebel regarding the fencing on the site, Ms. Marren clarified that the proposed fencing is temporary and would be removed by May 1, 2014, as well. Board Member McJimsey noted that the application makes reference to clearance for tower placement from the Federal Aviation Administration (FAA). She asked if Verizon had obtained proper clearance yet. Mr. Fischer replied that the FAA clearance is only required for towers that are 200 feet or higher; since this tower is only 28 feet tall, FAA approval is not necessary. Ms. McJimsey requested that the record be clear that FAA clearance is not required for this application. Moved by Brooks, seconded by Ebel, to adopt ORDER NO. 13-08, thereby approving the request for a Special Use Permit for Cell Site with Antenna at 1325 S. 4 Street as detailed on the Site Planth (prepared by SSC, INC. and dated July 11, 2013) with the adoption of the findings of fact and conclusions stated in the staff report, subject to the following condition: a. The required landscaping and paving may be deferred until May 1, 2014, 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 ($15,000) that satisfy the City’s development standards. Said security would be valid until drawn upon by the City or returned to the applicant. Vote on Motion: 4-0. Motion declared carried unanimously. Noting that this is the second time that the Board has seen this application, Ms. McJimsey asked if a motion could be made that would allow any future requests to be approved administratively by staff, as long as the application and criteria were identical. Mr. Brooks said that the City would more likely amend the zoning ordinance to include temporary cell towers as an allowed use with staff approval. Planning & Housing Director Kelly Diekmann said that a zoning code text amendment would need to be approved by Council. Alternatively, if Verizon keeps using this site, it may be time for a permanent facility with site improvements. Mr. Diekmann said that it could be added to the list of items to consider for text amendments. COMMENTS: There were no comments by the Board. ADJOURNMENT: Moved by Brooks, seconded by Ebel, to adjourn the meeting at 7:17 p.m. _____________________________________________________________________ Emily Burton, Recording Secretary Sandra McJimsey, Vice Chair