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20. 20-377
AUGUST 25, 2020 20-377 RESOLUTION (CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______) PURPOSE: APPROVE CONDITIONAL USE PERMIT TO ALLOW A CELLULAR TELECOMMUNICATIONS TOWER AT 1620 PELTON PARKWAY INITIATED BY: MASTEC NETWORK SOLUTIONS LLC, ON BEHALF OF AT&T MOBILITY CORP. PLAN COMMISSION RECOMMENDATION: Approved w/ conditions WHEREAS, the Plan Commission finds that the Conditional Use Permit to allow a cellular telecommunications tower at 1620 Pelton Parkway, is consistent with the criteria established in Section 30-382(F)(3) of the Oshkosh Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to allow a cellular telecommunications tower at 1620 Pelton Parkway, per the attached, is hereby approved with the following conditions: 1. Final fencing (screening) plan shall be approved by the Department of Community Development. C€ y bf Oshkosh TO: Honorable Mayor and Members of the Common Council FROM: Mark Lyons Planning Services Manager DATE: August 20, 2020 RE: Approve Conditional Use Permit to Allow a Cellular Telecommunications Tower at 1620 Pelton Parkway (Plan Commission Recommends Approval) BACKGROUND 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. ANALYSIS 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. 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 bufferyard with a minimum opacity of 0.4 and screened so that it is not accessible to the general public. The site plan includes 6' tall solid fencing surrounding the tower and related equipment. According to the applicant the fencing material will be wood or vinyl. 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. The gravel access will be consistent with the current gravel surface. Finalized storm water management plans will be required and reviewed during the Site Plan Review process. RECOMMENDATION The Plan Commission recommended approval of a Conditional Use Permit with findings and a condition at its August 18, 2020 meeting. Please see the attached staff report and meeting minutes for more information. City Hall,215 Church Avenue P.O.Box 1 130 Oshkosh,WI 54903-1 130 920.236.5000 http://www.ci.oshkosh.wi.us Respectfully Submitted, Approved: Mark Lyon Jo Fitzpatrick Planning Services Manager Assistant City Manager/ Director of Administrative Services City Hall,215 Church Avenue P.O.Box 1130 Oshkosh,WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A COMMUNICATION TOWER AT 1620 PELTON PARKWAY Plan Commission meeting of August 18, 2020 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. Subject 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 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—CUP/Communication Tower—1620 Pelton Pkwy 2 Parking 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(17)(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. The Plan Commission approved of the Conditional Use Permit as requested with findings and a condition noted. The following is the Plan Commission's discussion on this item. Item—CUP/Communication Tower—1620 Pelton Pkwy 3 Site Inspections Report: No commissioners reported visiting the site. Staff report accepted as part of the record. The applicant is requesting a Conditional Use Permit for installation of a communication tower (cellular telecommunications tower). Mr. Slusarek presented the item and reviewed the site and surrounding area as well as the land use and zoning classifications in this area. 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. 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. 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). The applicant is not proposing any parking on the site. No lighting or signage is being proposed for the site. Finalized storm water management plans will be required and reviewed during the Site Plan Review process. 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. He mentioned there are a couple correspondences that he has received since the staff report was written. He said staff recommends approval of the proposed Conditional Use Permit for a communication tower at 1620 Pelton Parkway as proposed with the findings and a condition as listed in the staff report. Ms. Propp opened technical questions to staff. Mr.Hinz asked if this tower will be able to be used by other services as well in the future. Mr. Lyons replied he believes they are required to allow some of that access. Mr. Slusarek added the applicant is present and can help answer that question too. Mr. Lyons reiterated they have to meet the typical FAA standards. He explained items like this are highly regulated through the federal government and the city's overview is relatively minor. Ms. Propp opened up the public hearing and asked if the applicant wanted to make any statements. Andy Fitz(applicant), 1351 E. Irving Park Road in Itasca, complimented staff on doing an excellent job summarizing the specifics of the project. He said Andrew Flowers, a Senior Real Estate Manager with AT&T, is also present to help answer questions. Mr.Hinz asked if other services would be able to use the tower. Item—CUP/Communication Tower—1620 Pelton Pkwy 4 Mr. Fitz confirmed other services would be able to use the tower as well. Andrew Flowers, Schaumburg of Illinois, stated he is the Senior Real Estate and Construction Manager for AT&T Illinois-Wisconsin. He explained his job is to oversee this facility and many others within Illinois and Wisconsin. He said he has personally worked with EAA last year to increase capacity and needs for the events that they have on the property. He said there are several facilities in the area that have already been upgraded.He explained the facility at the site cannot be upgraded to be able to hold the sheer amount of antennas and equipment needed. He said this is a very unique site because of the huge volume of calls and people streaming videos at any one time. He explained the tower will be built with up to four RAD centers and AT&T will take two of the RAD centers on the tower because there is so much equipment needed. He said the other two centers will be available for others to use. He added they have an agreement with all the major carriers to lease out space if they so desire. Mr.Hinz asked how far out it would extend to since there are other residences in the area. Mr. Flowers explained most of the signal strength for the facility that is being built is going to stay on the airport and EAA property. He said it may not extend too much more than that but is mainly for the events on the property. He said there are several other facilities in the area that have been recently upgraded. Mr. Lyons asked if this would reduce the need for the temporary towers EAA typically has. Mr. Flowers replied typically they bring in a COW (Communication on Wheels) for the events. He said they will still need the COW but the location may change. Kevin Pollard,W178 N9912 Rivercrest Drive Suite 102 of Germantown, stated he is an attorney for SBA Communications. He said SBA owns one of the existing cell tower located at 525 W. 20th Avenue. He said the existing tower is less than 50' away from the proposed cell tower. He stated SBA does object to the new tower for several reasons. He said there is no need for the additional tower. He explained AT&T has had their equipment on the existing tower since 2000 and the proposed tower would provide essentially the same radio frequency coverage. He said SBA did obtain permission from the FAA to increase the height of the existing tower to 79' which would enable additional equipment to be placed on the existing tower. He stated there is no need for a duplicate of towers especially in such close proximity to the airport. He said from a legal standpoint, they believe the application must be denied because it does not comply with the State Statute 66.0404. He read the State statute and the local city ordinance Section 30.83 and said to his knowledge, the affidavit has not been filed with this application. He added under the State statute the city may deny the application where the applicant has not evaluated the feasibility of co-location on the existing tower. He said they are not aware of the benefit of the new tower when the existing tower can provide the capability. Ms. Propp asked if SBA is a competitor. Mr.Pollard replied they are not a competitor of AT&T and are essentially a cell tower landlord of AT&T. He said they are a competitor of Mastec the applicant. He said the State statute is Item—CUP/Communication Tower—1620 Pelton Pkwy 5 designed to promote co-location and to avoid duplication of towers in close proximity of one another. Ms. Davey asked how close the new tower would be. Mr.Pollard answered by his calculation, it is .0029 miles. Mr. Lyons pulled up the map which shows the locations of the other cell towers. Ms. Propp said she was confused why there is an issue with a third tower. Mr.Pollard explained again the State statute and the requirements. He said the applicant is supposed to evaluate if they can put the equipment on an existing tower. Mr.Hinz asked if the City Attorneys had any input on this item. Mr. Lyons replied they do not but can ask for clarification before the Council meeting. Mr. Coulibaly asked staff to verify if legal requirements are met and asked who owned the other tower. Ms. Propp commented from her understanding, Plan Commission is severely limited in what they can do to deny a request like this. She said she would like to defer this to the Council because hopefully by then, there will be some legal advice on the item. Mr. Lyons mentioned Plan Commission does have a statement from AT&T Mobility that discusses some of the information. He handed a copy to Mr. Pollard. Mr. Slusarek said the statement was received late yesterday, therefore, it was not part of the staff report. Mr. Coulibaly said he concurs with Ms.Propp. There were no other public comments on this item. Ms. Propp closed the public hearing and asked if the applicant wanted to make any closing statements. Mr. Flowers addressed some of the concerns. He said the proposed tower is approximately 200' north/northwest of the SBA existing tower. He said as the existing tower stands today is not capable of holding the equipment needed. He said there are specific antennas(MatSing) EAA is requesting to be installed and gave a description of the antennas. He said each antenna weighs about 1,200 pounds and the tower needs to be able to accommodate the extra weight. He listed all the equipment that is needed and stated there are no suitable towers in the area that can handle all the equipment. He said the request to increase the capacity came directly from EAA. He explained the difference between the MatSing antenna and a regular antenna. He said Item—CUP/Communication Tower—1620 Pelton Pkwy 6 originally they did not make a statement because they felt as though the technical issues that are required to build this facility were enough merit on their own but the financial implications of having to tear a tower down and build a new one is hundreds of thousands of dollars. He said the rent AT&T is currently paying at the facility is approximately 3-5 times the amount typically charged for a facility of that size. He explained the rent would essentially double on the existing tower because they would be utilizing two RAD centers instead of one. He said they were approved to build a higher tower but EAA did not want to towers to be that high due to the helicopter route that runs through there. Mr. Coulibaly asked if they looked into the possibility of putting the new equipment on the existing tower. Mr. Flowers replied the engineers did evaluate the existing site. He said it was not economically able to be remodified to be reused for what they needed. Mr. Coulibaly asked if Mr. Flowers could put that in his request so it is documented. Mr. Lyons said it is documented and in the affidavit that was e-mailed to him. Ms. Davey asked where the AT&T service was currently coming from. Mr. Flowers replied SBA tower and he believes their lease ends next year. Ms. Davey asked how long it takes to build a tower. Mr. Flowers replied this tower is on their schedule to be under construction by the end of this year into early January and will be live by next year's EAA event. He said it roughly takes six months from start to finish but only two of those months of actual construction. Mr. Fitz said Ms. Propp was correct in the fact that municipalities are limited to what they can do for requests like this. He explained the steps that are required for this type of request. He stated they did get approval from the FAA, County airport, a letter of recommendation from Steve Taylor (EAA), staff recommendation of support and the only objection is from SBA who would lose their revenue stream they currently have if the tower were to be built. Motion by Ford to adopt the findings and recommendation as stated in the staff report. Condition: 1. Final fencing(screening)plan shall be approved by the Department of Community Development. Seconded by Hinz. Ms. Propp asked if there was any discussion on the motion. Item—CUP/Communication Tower—1620 Pelton Pkwy 7 Ms. Davey said she is not comfortable voting on this until it goes through the legal department. She stated she will not be voting at all. Mr.Mitchell said he did not see a letter of support from EAA and asked where it was. Mr. Lyons replied it was e-mailed to Mr. Mitchell and is titled EAA at the top. Ms. Propp repeated that Plan Commission is severely limited for what they can do with this type of request. She said she will be supporting it. Motion carried 5-0 (Ayes:Ford,Hinz,Mitchell, Perry, Propp. Abstain: Coulibaly, Davey, Stengel.). Item—CUP/Communication Tower—1620 Pelton Pkwy 8 SWORN STATEMENT OF ANDREW FLOWERS IN SUPPORT OF NEW TOWER CONSTRUCTION BY AT&T MOBILITY DUPAGE COUNTY) )ss. STATE OF ILLINOIS) Andrew T. Flowers,being first duly sworn on oath,deposes and says that- 1. I am an adult resident of the State of Illinois and serve as Sr. Real Estate Manager for AT&T Mobility("AT&T"). 2. 1 manage AT&T's site development and antenna site leases throughout the State of Wisconsin. These site development projects involve deployments and enhancements to either improve or maintain wireless coverage. 3. I am familiar with the proposed tower to be constructed on a parcel with the Tax Key No. 91323540000 and with an address of 155€3 Pelton Parkway,Oshkosh,Wisconsin("New Tower"). I am also familiar with AT&T's wireless coverage in the area, the search for a replacement for its existing site in Oshkosh,and the configuration of AT&T's wireless network in the City of Oshkosh and Winnebago County. 4. The New Tower is necessary to facilitate AT&T's relocation from an Existing Tower in Oshkosh, also located on Pelton Parkway. AT&T must relocate from the Existing Tower because AT&T has determined that coverage for EAA events, Oshkosh residents and First Responders in the area is insufficient based on current standards. Additionally, the height and structural characteristics of the Existing Tower are inadequate to permit AT&T to reconfigure its equipment to obtain the necessary coverage. 5. In seeking a replacement sitc for the Existing Tower, location is extremely important. The Existing Tower has become an "element" or"node" in AT&T's network, meaning that other sites in the network have been designed and optimized to work in conjunction with the Existing Tower. As such, it is very important that the replacement site be as near as possible to the Existing Tower to maintain network quality. 6. I attest that there are no additional suitable existing towers to replace the existing site because they are not close enough to the area where the replacement site must be located and do not meet the engineering standard required to service this area. 7. This sworn statement is made to pursuant to Wis.Stat.66.0404(2)(b)(6)attest to the following: • AT&T has assessed the feasibility of collocating on other towers in the area and has determined that there are no viable candidates that would result in the same or better mobile service functionality as the New Tower. • Without the New Tower,AT&T will experience a wireless broadband coverage gap for local residents and First Responders. Signed 5,- 4644 C "Pug Subsc "bed and sworn to before me This /`7 day of 2020 N.var,PUbuC 'COmmission Expr,,.r- Notary Public State ofLL� �'- My Commission Expires — o;-cs 1 �� (:3ie August 11, 2020 EA TM THE SPMT OF AVIATION City of Oshkosh ATTN: Brian Slusarek, Planner 215 Church Avenue - P.O. Box 1130 Oshkosh,WI 54903-1130 RE: Proposed AT&T Telecommunications Facility, 1658 Pelton Parkway, Oshkosh WI 54902 1 write this letter in support of the above project on behalf of EAA Aviation Foundation, Inc., and Experimental Aircraft Association, Inc., ("EAA"), This project will benefit the annual EAA5 AirVenture"'Oshkosh'" convention as well as other events that EAA holds annually on and near the subject property.The new telecommunications tower, 74 feet high, and the improved wireless network it provides will serve the many AT&T customers who attend these events, and will make AlrVenture in particular a more attractive and satisfying event. AT&T currently is the largest provider of cell phone service with approximately 40% market share. This improvement in a necessary service for a major event will benefit not only EAA and its event attendees, but also the City of Oshkosh and the Fox River Valley through the economic stimulus that AirVenture and Other EAA events generate. The new tower will significantly improve mobile phone service because of the greater height of the tower and the higher position of the AT&T antenna on the tower than on the existing 50-foot towers. Also, the antenna mounted on the tower will have greater bandwidth and provide state-of-the-art 5G service. This will greatly benefit event attendees in their personal and business communications. Equally important, the new tower will make emergency and security services more reliable. In emergency situations,cell phone traffic becomes much greater and may be practically unavailable when reliable service is most needed. The new tower and antenna will be very important for the safety and security of event attendees and other people in the vicinity. Thank yo �r � Sincerely, Steve Taylor EAA Director of Facilities EAA Aviation Center 3000 Poberezny Road Oshkosh, WI 54902 P.O. BOX 3086 OSHKOSH, WI 54903-3086 Tel 920.426.4800 Fax 920.426.6560 WWW.EAA.ORG PLAN 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: FAA 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. Subject 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 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 Parking 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(17)(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 SUBMIT TO: CA b Ir City of Oshkosh Application Dept.of Community Development y pp 215 Church Ave., P.O.Box 1 130 C,tof Conditional Use Permit Oshkosh,Wisconsin54903-1130 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.Dumyahn@mastec.com Contact preference: ❑ Phone ® Email Status of Petitioner (Please Check): IJ Owner K Representative IJ Tenant IJ Prospective Buyer Petitioner's Signature (required): ''`'" Date: 07/16/2020 Bernard Dumyahn,Mastec, agent for AT&T Mobility OWNER INFORMATION Owner(s): EAA AVIATION FOUNDATION INC Date: 07/16/2020 Owner(s) Address: PO BOX 3086 City: OSHKOSH State: WI Zip: 54903-3086 Telephone #: (920)426-6813 Email:staylor@eaa.org Contact preference: ❑ Phone ❑ Email Ownership Status (Please Check): a Individual a Trust a 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: Date:July 20, 2020 SITE INFORMATION Address/Location of Proposed Project: 1658 Pelton Parkway, Oshkosh, WI 54902 Proposed Project Type: Cellular Telecommunications Tower 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 Rec'd 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 towers 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 2 a sTe 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. Mail Processing Center Aeronautical Study No. f Federal Aviation Administration 2020-AGL-7963-OE 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 ** 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 WI6260 Location: Oshkosh, WI Latitude: 43-59-02.94N NAD 83 Longitude: 8 8-3 4-0 5.9 7 W 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 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 natalie.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 cc: FCC Page 3 of 5 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 Verified Map for ASN 2020-AGL-7963-OE e y 4 l J l Page 5 of 5 x Cc cc 3 a 3 vF Ch W ON axN d + a ma $ G W o C - ' m O IV hh` w �mH� III � "4a= W- w a sl �Eaa .- `J' I _- r m k - Y o w aas, w s f e- # m - • � vi 12: 77 Am N- o - I ,ac aero=a snorviwaus snpNiw Lai3aorvw �I tea' 1- Y ry G{ I Wl � I I - v - s u u 1 S- — — --- � 777 W � ,28'lL8 3,L1.@LOON S� N/p IL his - ui ms W a= o E ES o (00 2-6 vi Ev E Foy _ II O o o Z - ui� o 1 s ry niia J m<ee Wb— Oo_a ✓,u rc ✓, CL waa S� _. r r 1 - 0 v moa � Ek 11 I o is W "If o � w Zw mj _ _ s ae'e's_aeu_z v e;e e J mpl'i$�mi8w a o coil $ � « � p ip ao O o rc rc�� dm O W_ � zg €EYa I� �___�— y-f89881.oL_oo_N_ ___________ 4 L9.OLOON <<<��s E VI r_ �u z W o m W�QLLwno mar mro Ja�o_a�«u_°EEEEEE EEEEEEwm I, NC......... - a - c a a W �2� _ - ,FJ ` q- w W w C� Zp o w W m w N Z F p O Q F y F w S ¢ FS oo O w J ? 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