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HomeMy WebLinkAboutItem VIPLAN COMMISSION STAFF REPORT AUGUST 18, 2020 ITEM VI: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A COMMUNICATION TOWER AT 1620 PELTON PARKWAY GENERAL INFORMATION Applicant: Mastec Network Solutions LLC, on behalf of AT&T Mobility Corp. Owner: EAA Aviation Foundation Inc. Action(s) Requested: The applicant is requesting a Conditional Use Permit for installation of a communication tower (cellular telecommunications tower). Applicable Ordinance Provisions: Communication Tower land uses are permitted only through a Conditional Use Permit (CUP) in the Institutional District (I) as regulated in Section 30-50 (C) of the Zoning Ordinance. Criteria used for Conditional Use Permits are located in Section 30-382 of the Zoning Ordinance. Property Location and Background Information: The subject site consists of a 29.11 acre parcel located within the EAA airport grounds. The site has an Institutional (I) zoning designation while the 2040 Comprehensive Land Use Plan recommends Community Facility use for the site. The western part site currently includes several airport -related buildings, while the eastern portion is undeveloped. ubject Site: Existing Land Use Zoning Institutional I Adjacent Land Use and Zoning: Existing Uses Zoning North Institutional & Single family residential I & SR-3 South Institutional I West Institutional I East Government I Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Community Facility Paqe 1 ANALYSIS Use The applicant is proposing to install a cellular telecommunications tower which will consist of a 76' tall monopole (80' including lightning rod) which will include antennas and remote radio units. Other ancillary equipment including an equipment cabinet, back-up generator and tank and a utility frame will also be installed on the subject site. Communication towers require a Conditional Use Permit in the Institutional district. Site Design The proposed cell tower will be accessed from Foundation Road, which is a private road within the airport site. The tower and equipment will be enclosed within a 30' X 40' fenced in area. Required Provided Front Setback (east) 30 ft. 45' from street Side Setback (south) 7.5 ft. Approx. 69' Side Setback (north) 7.5 ft. Approx. 328' Rear Setback (west) 25 ft. Approx. 1,495 ft. Impervious Surface 60% max. Approx. 13% Cell Tower Height 200 ft. max. 80 ft. The proposed cell tower is meeting all applicable setback, impervious surface and height requirements of the zoning ordinance. The proposed tower height has been approved by the Federal Aviation Administration (FAA). Communication towers must be enclosed by solid fencing at least 6' in height or a buffer yard with a minimum opacity of 0.4 and screened so that it is not accessible to the general public. Fence design, materials and colors shall reflect the character of the surrounding area. The site plan includes 6' tall solid fencing (with access gate) surrounding the tower and related equipment. According to the applicant the fencing material will be wood or vinyl. Staff is recommending a condition that final fencing plans be approved by the Department of Community Development. Access & Circulation The cell tower and equipment will be accessed via a 20' wide gravel driveway access from Foundation Road. The applicant has also noted that a 12.5' X 45' gravel area will be included for event access. Staff does not have concerns with the gravel access as it will be consistent with the current gravel surface. Item VI—CUP/Communication Tower— 1620 Pelton Pkwy 2 Paqe 2 Parkin The applicant is not proposing any parking on the site. On -site parking is not required for communication tower land uses. Signage and Lighting No lighting or signage is being proposed for the site. Lighting is not required as on -site parking is not being provided. Storm Water Management Finalized storm water management plans have not been submitted. Plans will be required and reviewed during the Site Plan Review process. Landscaping Landscaping is not required for the site as no building or parking areas are being constructed and the site does not have public -right-of-way frontage. Staff does not see a need for new landscaping due to the location of the proposed cell tower within the interior of the EAA site. RECOMMENDATION/CONDITIONS In its review and recommendation to the Common Council on an application for a Conditional Use Permit, staff recommends the Plan Commission make the following findings based on the criteria established by Chapter 30-382 (F)(3): (1) Is in harmony with the Comprehensive Plan. (2) Would not result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights -of -way, or other matters affecting the public health, safety, or general welfare. (3) Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property. (4) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property. (5) The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts. Staff recommends approval of the proposed Conditional Use Permit for a communication tower at 1620 Pelton Parkway as proposed with the findings listed above and the following condition: (1) Final fencing (screening) plan shall be approved by the Department of Community Development. Item VI—CUP/Communication Tower— 1620 Pelton Pkwy 3 Paqe 3 SUBMIT TO: CityIF of Oshkosh Application Dept. of Community Development City pp 215 Church Ave., P.O. Box 1 130 of I' Conditional Use Permit Oshkosh,Wisconsin 903-1130 Oshkosh PHONE: (920) 236-5059 **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: Mastec Network Solutions, LLC, on behalf of AT&T Mobility Corp. Date: 07/16/2020 Petitioner's Address: 1351 E. Irving Park Rd City: Itasca State: IL Zip: 60143 Telephone #: (815 ) 252-1667 Email: Bernard. Dumyahn4mastec.com Contact preference: ❑ Phone ® Email Status of Petitioner (Please Check): I I Owner XI Representative Petitioner's Signature (required): f' r Bernard Dumyahn, Mastec, agent for AT&T Mobility OWNER INFORMATION Owner(s): EAA AVIATION FOUNDATION INC Owner(s) Address: PO BOX 3086 City: OSHKOSH I Tenant I Prospective Buyer Date: 07/ 16/2020 Date: 07/ 16/2020 State: WI Zip: 54903-3086 Telephone #: (920 ) 426-6813 Email: staylor@eaa.org Contact preference: ❑ Phone ❑ Email Ownership Status (Please Check): - Individual - Trust - Partnership IX Corporation Property Owner Consent: (required) By signature hereon, I/We acknowledge that City officials and/or employees may, in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. ^ . Property Owner's Signature: SITE INFORMATION Address/Location of Proposed Project: 1658 Pelton Parkway Proposed Project Type: Cellular Telecommunications Tower ,Oshkosh, WI 54902 Date: July 20, 2020 Current Use of Property: COMMERCIAL Zoning: Air 5-Traffic Pattern Zone Land Uses Surrounding Your Site: North: Traffic Pattern (AIR-5) District South: Traffic Pattern (AIR-5) District East: Traffic Pattern (AIR-5) District West: Traffic Pattern (AIR-5) District 'Please note that a meeting notice will be mailed to all abutting property owners regarding your request. It is recommended that the applicant meet with Planning Services staff prior to submittal to discuss the proposal. ➢ Application fees are due at time of submittal. Make check payable to City of Oshkosh. ➢ Please refer to the fee schedule for appropriate fee. FEE IS NON-REFUNDABLE For more information please the City's website at www.ci.oshkosh.wi.us/Community_Development/Planning.htm Staff Date Red Briefly explain how the proposed conditional use will not have a negative effect on the issues below. 1. Health, safety, and general welfare of occupants of surrounding lands. The proposed new cellular facility will conform to all Local, State and Federal requirements, including those of the Federal Aviation and Federal Communications Commission, tower is of lattice design, will not require the need for guy wires, in the unlikely event of a failure, the tower's designed to collapse onto itself, the compound will be also fenced for security, and the installation will otherwise not be injurious or detrimental to the public welfare. 2. Pedestrian and vehicular circulation and safety. The proposed new cellular facility will be fenced for security, and the installation will not be injurious or detrimental to pedestrian and vehicular circulation. 3. Noise, air, water, or other forms of environmental pollution. The proposed new cellular facility will conform to all Local, State and Federal requirements, and not create noise, air, water or other forms of environmental pollution. 4. The demand for and availability of public services and facilities. The proposed new cellular facility would increase and improve cell -phone and Internet service in Oshkosh and the surrounding area, and support E91 1 and FirstNet network for First Responders. 5. Character and future development of the area. The proposed new cellular facility location is in the AIR-5-Traffic Pattern Zoning district, and is designed to be aesthetically and architecturally compatible with the architecture of surrounding area, and will not have a negative effect on character and future development of the area. SUBMITTAL REQUIREMENTS - Must accompany the application to be complete. (Submit only digital files. Please note at the discretion of Community Development staff may request a hard copy) A narrative of the proposed conditional use and project including: ❑ Proposed use of the property ❑ Existing use of the property ❑ Identification of structures on the property and discussion of their relation to the project ❑ Projected number of residents, employees, and/or daily customers ❑ Proposed amount of dwelling units, floor area, landscape area, and parking area expressed in square feet and acreage to the nearest one -hundredth of an acre ❑ Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes, vibration, etc. ❑ Surrounding land uses ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation ❑ Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties ➢ A complete site plan including: ❑ Digital plans and drawings of the project ❑ Title block that provides all contact information for the petitioner and/or owner, if different ❑ Full name and contact information of petitioner's engineers/surveyors/architects, or other design professionals used in the plan preparation ❑ The date of the original plan and latest date of revision to the plan ❑ A north arrow and graphic scale. Said scale is not to be smaller than one inch equals sixty feet (1 "=60') unless otherwise approved by the Department of Community Development prior to submittal ❑ All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled ❑ All required building setback and offset lines ❑ All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, walls ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for construction ❑ Location and dimension of all on -site parking (and off -site parking provisions if they are to be employed), including a summary of the number of parking stalls provided per the requirements of Section 30-175 City of Oshkosh Zoning Ordinance ❑ Location and dimension of all loading and service areas on the subject property ❑ Location, height, design, illumination power and orientation of all exterior lighting on the property including a photometrics plan ❑ Location of all exterior mechanical equipment and utilities and elevations of proposed screening devices where applicable (i.e. visible from a public street or residential use or district). Mechanical equipment includes, but is not limited to; HVAC equipment, electrical transformers and boxes, exhaust flues, plumbing vents, gas regulators, generators Paqe 52 *. sTe c Network Solutions PROJECT NARRATIVE AT&T Site #W16260 1658 Pelton Parkway AT&T is proposing to construct a new wireless telecommunications facility at the property located at 1658 Pelton Parkway in Osh Kosh Wisconsin. The facility will be comprised of a 76' tall monopole (80' including the lightning rod) and a 30' by 40' fenced compound. The fence will be 6' in height and will be constructed of wood or vinyl materials with a board on board/slat design in order to be opaque. AT&T will install six (6) antennas and fifteen (15) remote radio units on the tower at 62' and 72' respectively, along with other ancillary equipment. Within their 30' X 10' leased area inside the compound, AT&T will install an equipment cabinet, back-up generator and tank, and a utility frame. Access to the gated compound will be via a 20' gravel drive. Adjacent to the entrance, there will also be a planned 12.5' X 45' gravel area for event access. All of these proposed improvements can be viewed in greater detail on the submitted construction plans. This proposed facility will enable AT&T to enhance its existing services and provide a more robust wireless network to the surrounding area, which will benefit adjoining residences, commercial enterprises, and emergency responders. AT&T respectfully requests that the City grant approval of their request for a conditional use. Paqe 6 Mail Processing Center fr#-' Federal Aviation Administration .. Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177 Issued Date: 06/04/2020 Dana Irvin AT&T 208 S. Akard St. Dallas, TX 75202 Aeronautical Study No. 2020-AGL-7963-OE ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Monopole WT6260 Location: Oshkosh, WI Latitude: 43-59-02.94N NAD 83 Longitude: 88-34-05.97W Heights: 810 feet site elevation (SE) 89 feet above ground level (AGL) 899 feet above mean sea level (AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the project is abandoned or: At least 10 days prior to start of construction (7460-2, Part 1) X Within 5 days after the construction reaches its greatest height (7460-2, Part 2) Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking/ lighting are accomplished on a voluntary basis, we recommend it be installed in accordance with FAA Advisory circular 70/7460-1 L Change 2. This determination expires on 12/04/2021 unless: (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual Construction or Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office. (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page 1 of 5 Paqe 7 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD. This determination of No Hazard is granted provided the following conditional statement is included in the proponent's construction permit or license to radiate: Upon receipt of notification from the Federal Communications Commission that harmful interference is being caused by the licencee's (permittee's) transmitter, the licensee (permittee) shall either immediately reduce the power to the point of no interference, cease operation, or take such immediate corrective action as is necessary to eliminate the harmful interference. This condition expires after 1 year of interference -free operation. This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies) and power. Any changes in coordinates, heights, and frequencies or use of greater power, except those frequencies specified in the Colo Void Clause Coalition; Antenna System Co -Location; Voluntary Best Practices, effective 21 Nov 2007, will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA.This determination includes all previously filed frequencies and power for this structure. If construction or alteration is dismantled or destroyed, you must submit notice to the FAA within 5 days after the construction or alteration is dismantled or destroyed. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this determination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at (816) 329-2525, or natalle.schmalbeck@faa.gov. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2020- AGL-7963-OE. Signature Control No: 436392244-441983362 (DNE ) Natalie Schmalbeck Technician Attachment(s) Frequency Data Map(s) Page 2 of 5 Paqe 8 cc: FCC Page 3 of 5 Paqe 9 Frequency Data for ASN 2020-AGL-7963-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 6 7 GHz 55 dBW 6 7 GHz 42 dBW 10 11.7 GHz 55 dBW 10 11.7 GHz 42 dBW 17.7 19.7 GHz 55 dBW 17.7 19.7 GHz 42 dBW 21.2 23.6 GHz 55 dBW 21.2 23.6 GHz 42 dBW 614 698 MHz 1000 W 614 698 MHz 2000 W 698 806 MHz 1000 W 806 901 MHz 500 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 869 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 929 932 MHz 3500 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1670 1675 MHz 500 W 1710 1755 MHz 500 W 1850 1910 MHz 1640 W 1850 1990 MHz 1640 W 1930 1990 MHz 1640 W 1990 2025 MHz 500 W 2110 2200 MHz 500 W 2305 2360 MHz 2000 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W 2496 2690 MHz 500 W Page 4 of 5 Paqe 10 Verified Map for ASN 2020-AGL-7963-OE Page 5 of 5 Paqe 11 N O �yav 06 eg a * ~ d I¢ - € a cn MCI & gs z� ZILI §sa a m a e.pe®.o. p®�T+•. xo® l �� ® «gym m "R.p o €g°��= Ep ecazs-a so pe a =F Z. �LL3N9VN - a mi L1 ���R z avvr 61 la �� 1_—— ——————————— — — — — — A -- —_, .Z£'Lfa-a � �o sIgNINnLl9 � 3L3ipN0.� SIIONI\Ilnll@ / rc _}83IA4x=�u_g—====-'_= of �I \ X" 3•LfA=N ��S W-� ____ _____ ____________ .fix 2 ZO 15 IL flxoo o € a oeno = a� _Uw s8= .Ew 5�R 3�„ 8 0 L�'8.. 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F ymuz QO wzw a0 moo -0 �mwa rc'^wrc °i m wOi Wmm Ow t o`oc aad 6° z =s oz °ma rca aIm ow. pa w°-� z° -boy �z� so mFo �?zz �azzzo�o�� �owm ��a wow �ra�mz _° Wm nm a�Faw°�mJ m om 4' w I=mx�>� aa_a°H,z a?�� Paae 15 WF m tf z Uj iy w m U pz mF pi mF mF U O _ _ = 7 7 m ]f yw C ed a a ' — - u n ° a W mm my a mm my a mm my a C c my mm m my mm m my mm m y = c Q$ Qa a Q� Qa Qv Q$ Qa QQ f a mm m= m mm m= m mm m= m - d U. � � yj F J a z LL = � a W mf C2 o a a a m s N o m s z ' 0 m s z z � m m m =2 °m LL y a F m °F wy yi CUP JAMES P/JEAN M BUSHA FOUNDERS MEMORIAL GROUNDS CEMETERY ASSOC 3000 POBEREZNY RD 1620 PELTON PKWY 245 2385 BURNWOOD DR OSHKOSH WI 54992 PC: 08-18-20 OSHKOSH WI 54902 EAA AVIATION FOUNDATION INC PO BOX 3086 OSHKOSH WI 54903 WINNEBAGO COUNTY PO BOX 2808 OSHKOSH WI 54903 WITTMAN AIRPORT OSH 525 W 20TH AVE OSHKOSH WI 54902 EXPERIMENTAL AIRCRAFT ASSOCIATION INC PO BOX 3086 OSHKOSH WI 54903 LEE A/MICHELLE A MOIN 2409 BURNWOOD DR OSHKOSH WI 54902 CATHOLIC CEMETERIES OSHKOSH INC 1012 W 5TH AVE OSHKOSH WI 54902 TOWN OF NEKIMI 3790 PICKETT RD OSHKOSH WI 54904 JOHN P/JANE M JOHNSON 2453 BURNWOOD DR OSHKOSH WI 54902 DONALD G/JUDITH A SEIBOLD 2575 KNAPP ST OSHKOSH WI 54902 MASTEC NETWORK SOLUTION LLC 1351 E IRVING PARK RD ITASCA IL 60143 Paqe 16 i;:wsers\minaKwesKtop\zuzu Tian commission site Tian wrap iempiate.mxo r agoser:1miroaK i;:wsers\minaKwesKtop\zuzu Tian commission site Tian wrap iempiate.mxo r agoser:1mMaK fr 0 'CIE W 31 4.:5• � f r � ^ i ;'d5sA69d s+�"' rv� " ka f . �0" City of Oshkosh maps and data are intended to be used for general identification purposes only, and the City of Oshkosh assumes no liability for the accuracy of the information. Those using the information are responsible for verifying accuracy. For full disclaimer please go to www.ci.oshkosh.wi.us/GlSdisclaimer N 1 in=0.05mi 1 in = 250 ft Printing Date: 7/23/2020 Prepared by: City of Oshkosh, WI r City 10& of Oshkosh C:\Users\minak\Desktop\2020 Plan Commission Site Plan Map Template.mxd P agElserlm(gak