HomeMy WebLinkAboutItem IIPLAN COMMISSION STAFF REPORT SEPTEMBER 7, 2021
ITEM II: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A
COMMUNICATION TOWER AT 0 BRADLEY STREET
GENERAL INFORMATION
Applicant: Scott Littell, Harmoni Towers LLC.
Owner: OTA Investments LLC - Brian Hegner: President
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 Heavy Industrial District (HI) as regulated in Section 30-62 (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 9.86 acre parcel located on the east side of Bradley St., south of W
28th Ave. The site is currently being used for agriculture and has a Heavy Industrial (HI) zoning
designation, while the 2040 Comprehensive Land Use Plan recommends Industrial use for the
site. The site is surrounded predominantly by industrial uses along with an active railroad to
the east.
Subject Site:
Existing Land Use Zoning
Agriculture HI
Recognized Neighborhood Organizations
N/A
Adjacent Land Use and Zoning:
Existing Uses Zoning
North Industrial HI
South Commercial/Industrial & Vacant HI
West Industrial HI-PD
East Railroad HI
Comprehensive Plan Land Use Recommendation Land Use
2040 Comprehensive Land Use Plan Recommendation Industrial
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Item II – CUP/Communication Tower – 0 Bradley St. 2
ANALYSIS
Use
The applicant is proposing to install a cellular telecommunications tower which will consist of a
135’ tall monopole (136’ including lightning rod) with several antennas. Communication towers
require a Conditional Use Permit in the Heavy Industrial (HI) district.
Site Design & Access
The proposed cell tower will be accessed from Bradley Street with a 12’ wide access drive. The
tower and associated equipment will be enclosed within a 50’ X 50’ fenced in area.
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Item II – CUP/Communication Tower – 0 Bradley St. 3
Required Provided
Front Setback (west) 30 ft. 395’ +/-
Side Setback (south) 20 ft. 415’
Side Setback (north) 20 ft. 185’ 9”
Rear Setback (east) 25 ft. 378’ 4”
Impervious Surface 70% max. Approx. 6%
Cell Tower Height
(Airport zoning) 167 ft. max. 136 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 plans include 6’ tall solid wood fencing (with access
gate) surrounding the tower and related equipment. Staff is recommending a condition that
final fencing plans be approved by the Department of Community Development.
The Department of Public Works has noted that Bradley St. is proposed for street work in 2022
or 2023 and calculations for the culvert sizing will be required. The driveway apron shall be per
the City of Oshkosh Standard Detail.
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
As no building is being proposed for the site, only street frontage and paved area landscaping
are required.
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Item II – CUP/Communication Tower – 0 Bradley St. 4
Points Required Points Provided
Street Frontage 15 Not listed
Paved Areas 23.5 Not listed
TOTAL 38.5 Not listed
Street Frontage
The provided site plan includes two (2) existing mature trees along the Bradley Street frontage,
but does not list the species. The provided trees appear to meet the code requirement of 30
street frontage landscaping points per 100 feet of frontage. This can be verified during Site Plan
Review.
Paved Areas
The provided site plan includes several existing mature trees near the proposed paved access
areas, but does not list the species. The provided trees appear to meet the code requirement of
30 paved area landscaping points per 10,000 sq. ft. of paved area. This can be verified during
Site Plan Review.
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 0 Bradley St. 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.
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Zoning Narrative | Page 1 of 6
Zoning Narrative
Conditional Use Permit Application for a New Communication Tower
Winnebago County PID 91413220000
This zoning narrative is included to state how our application complies with the City of Oshkosh Zoning
Ordinance (cited ordinance language is in blue italics, our responses are in normal font).
Communication Tower Use:
Our proposed use is located on a parcel zoned as Heavy Industrial within the City of Oshkosh. According
to Chapter 30 - Article II District Regulations, Section 30-62: Heavy Industrial Zoning District, Subsection C.
Conditional Uses, #16 of the City of Oshkosh Zoning Ordinance, Communication Towers are permitted as
principal conditional uses with the issuance of a conditional use permit by the City of Oshkosh Planning
Commission. In addition, the proposed site is ideal for a cell tower because it is immediately adjacent to
commercial/industrial uses and vacant land, yet close enough to residential areas to provide enhanced service
to substantial numbers of area residents. Finally, pursuant to Section 66.0404(4)(c) of Wisconsin statutes, a
municipality may not prohibit placement of a communication tower in particular locations in the municipality.
Therefore, our proposed use is appropriate at the proposed location from both a legal and practical perspective.
Performance Standards and Underlying Zoning District Setbacks:
Tower-specific standards:
Per Chapter 30 - Article III - Section 30 – 83: Telecommunications Land Uses:
Sub Section 5: Placement Requirements:
(a) “Towers and guyed wires shall comply with the setback requirements of the underlying
zoning district in which the tower is located.” Please refer to the heavy industrial district dimensional
standards listed below, as may be modified by Section 66.0404(4e) of Wisconsin statutes.
Sub Section 7:
(a) “Tower height shall be restricted to 200 feet. District height restrictions shall not apply to
commercial communication towers.” The proposed commercial communication tower will be under
200’. Pursuant to our approved FAA response, the proposed monopole cell tower will have a structure
height of 135’ and an overall height (with lightning rod) of 136’.
(b) Towers shall not encroach into airspace prescribed by FAR part 77 and the most current
“Whitman Regional Airport Limitation Map – Winnebago County, Wisconsin. Exceptions to this
requirement shall be administered by Winnebago County.”
Please refer to the approved FAA response approving our proposed structure. It may be safely
assumed that the FAA coordinated with the Wittman Regional Airport before issuing this approval,
however we have also contacted Wittman Regional Airport directly to fact-check this assumption, and
are pending a response.
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Zoning Narrative | Page 2 of 6
Underlying district standards:
Article II. District Regulations, Section 30 – 62: Heavy Industrial Zoning District, Subsection F; “Density,
Intensity and Bulk Regulations for the Heavy Industrial District” Dimensional Standards, listed below:
“Setback: The shortest distance between the exterior of a building or structure and the
nearest point on the referenced lot line”...
1. Setbacks: Principal Use Structures:
Front – 30 feet
Side – 20 feet
Back – 25 feet
We far exceed the above-defined minimum setbacks. The proposed communication tower
structure is approximately 500’ from the right of way of Spillman Road. The side setbacks are
approximately 290’ to the East and 140’ to the west. The rear would be approximately 120’ to
the south. [Note: “Setback” is defined by the City of Oshkosh Zoning Ordinance as “the shortest
distance between the exterior of a building or structure and the nearest point on the referenced
lot line.” Note also that setbacks mandated by ordinance may be modified, pursuant to Section
66.0404(2)(g) of Wisconsin statutes, based on an engineering report showing a lesser fall zone
than the setback otherwise prescribed by ordinance.]
2. Minimum Lot Area: One acre (43,560 sq. ft.)
The underlying lot complies with this requirement. The proposed communications tower is
located on 10,000 sq. ft. of leased land within a Heavy Industrial parcel of 9.86 acres.
3. Minimum Lot Dimensions:
Minimum Lot Width – 150 feet
Minimum Lot Depth – 100 feet
Minimum Lot Frontage at Right-of Way – 50 feet
The proposed communications facility is located in a Heavy Industrial parcel of 9.86 acres, with
approximate dimensions of 600’x800’, with the smallest dimensions on any side exceeding the
minimum lot dimensions listed above.
Conditional Use Permit Application Requirements:
Chapter 30; Article III; Section 30 – 83: “Permit Required”, per Section A, Communication Tower,
Subsection 4. Applications, of the City of Oshkosh Zoning Ordinance states conditional use applications
shall be submitted with the following information:
1. The permit application shall contain all of the following information:
(a) The name and business address of, and the contact individual for, the applicant.
(b) The location of the proposed or affected support structure.
(c) The location of the proposed mobile service facility.
Our City of Oshkosh Conditional Use Permit Application fulfills these requirements for (a), (b), and
(c).
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Zoning Narrative | Page 3 of 6
(e) If the application is to construct a new mobile service support structure, a construction plan which
describes the proposed mobile service support structure and the equipment and network
components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and
related equipment to be placed on or around the new mobile service support structure.
The enclosed site plans are drawn to scale to show actual dimensions and shape of tower, access
road, compound, and the lot to be built upon as required in (e). Our plans comply with the
requirements of the zoning code. The legal description of the property and lease premises are
included in the site plans on the survey sheets.
(f) If an application is to construct a new mobile service support structure, an explanation as to why
the applicant chose the proposed location and why the applicant did not choose collocation,
including a sworn statement from an individual who has responsibility over the placement of
the mobile service support structure attesting that collocation within the applicant’s search
ring would not result in the same mobile service functionality, coverage, and capacity; is
technically infeasible; or is economically burdensome to the mobile service provider.”
We have provided a sworn statement from an individual who has responsibility over the placement
of the mobile service support structure at AT&T attesting that collocation within the applicant’s
search ring is economically burdensome to the mobile service provider. Additionally, AT&T’s
equipment on the proposed tower will be about 20’ higher in elevation than what is available on
one existing structure nearby, and this additional height can add about 40% more coverage area just
based on the height increase, not taking into account tree coverage, topography, etc.
Conditional Use Permit Application Criteria for Approval:
Per Page 2 of the City of Oshkosh Application for a Conditional Use Permit:
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.
As an initial matter, it is very important to note that Section 704 of the Federal
Telecommunication Act of 1996, as amended, prevents a denial of a cell tower based on
perceived adverse health effects from cell tower transmissions, stating:
“no State or local government or instrumentality thereof may regulate the placement,
construction, and modification of personal wireless service facilities on the basis of the
environmental effects of radio frequency emissions to the extent that such facilities
comply with the Commission’s regulations concerning such emissions.”
In addition, the proposed telecommunication facility will positively impact public health, safety
and welfare of the surrounding community by providing for the continuation and improvement
of essential wireless communication network coverage and capacity in the area. As we have
witnessed in 2020, reliable wireless communication network connectivity has become an
integral necessity for everyday life for the vast majority of the economy. As seen lately,
individuals, business, education and governmental institutions rely on these services. As such,
this project supports the public health, safety, and welfare for all stakeholders in this part of the
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Zoning Narrative | Page 4 of 6
City of Oshkosh and the immediately adjacent portions of the Townships of Oshkosh and
Algoma.
Moreover, a communication tower serves the public good as an essential utility used for
commercial, educational and personal services and supports robust emergency
communications. Each such structure provides the innate benefit of hosting wireless carrier
facilities, which in turn provide the widely-demanded coverage and capacity our populous needs
to thrive in today’s economy. Without such towers, much-needed capacity and coverage for our
mobile devices would be absent. Thus, communication support structures like this application’s
proposed tower are considered a public related utility structure, and are necessary for the
health, safety and general welfare.
2. Pedestrian and vehicular circulation and safety.
There will be no traffic or burden on roads or other public infrastructure generated from this
Communication Tower because it is an unmanned tower site. Because we are located on the
interior of the parcel, there will be no impact on pedestrian or vehicular circulation or safety.
3. Noise, air, water, or other forms of environmental pollution.
There will be no creation of unreasonable noise, and no dust, air, water or other forms of
environmental pollution created by this tower site.
4. The demand for and availability of public services and facilities.
There will be no traffic or burden on roads or other public services and facilities generated from
this Communication Tower because it is an unmanned tower site, and there will be no
unreasonable cost to the public due to this proposed Communication Tower.
5. Character and future development of the area.
The proposed tower project conforms to all applicable regulations and standards and also
preserves the essential character of the Northwest Industrial Park, and therefore is consistent
with the purposes of the Zoning Ordinance and the purposes of the zoning district in which the
applicant intends to locate the proposed use.
The proposed communication tower will not have an adverse effect upon adjacent commercial
properties because of the aforementioned public benefit. Any potential visual effects are offset by the
benefits a new tower brings to the area, and are in any case conforming with the character of an
industrial park.
Conditional Use Permit Submittal Requirements for Approval:
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:
o Proposed use of the property
This Conditional Use Permit Application is for a proposed 136’ monopole cell tower.
o Existing use of the property
The current use of the parcel is agriculture.
o Identification of structures on the property and discussion of their relation to the project
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Zoning Narrative | Page 5 of 6
The only “structure” is an older ‘shack” close to Bradley Road. The proposed tower facility
will be several hundred feet into the parcel.
o Projected number of residents, employees, and/or daily customers
The proposed cell tower will be an unmanned communications facility. Therefore there will
be no residents or employees. Technicians will visit the facility intermittently as needed, and
occasional upgrades/construction might occur from time to time.
o 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
The proposed communications facility will be within a lease area of 100’ x 100’ that will
include one (1) parking space for technician visits. The fenced facility itself will be about
60’x60’ at first, with ability to expand to the full 100’x100’ lease area if needed. A 30’ wide
access drive/utility easement to the lease area is approximately 425’ in length, and the
driveway will be about 12’ wide along the length of the access. The total square footage
impacted by our project is 24,750 SF or 0.568 Acres.
o Effects on adjoining properties to include: noise, hours of operation, glare, odor, fumes,
vibration, etc.
There will be no creation of unreasonable noise, dust, light, vibration, or odors. The
adjoining Heavy Industrial properties generate more noise, dust and traffic than this
unmanned communication facility would. The proposed cell tower would be in a Heavy
Industrial zoned parcel. It is compatible with the adjacent and surrounding properties also
zoned Heavy Industrial.
o Surrounding land uses
The subject parcel is zoned Heavy Industrial as are the surrounding properties, and uses on
those surrounding properties include railroad, warehousing, agriculture, light industrial, and
similar uses.
o Compatibility of the proposed use with adjacent and other properties in the area.
The proposed cell tower would be in a Heavy Industrial zoned parcel. It is compatible with
the adjacent and surrounding properties also zoned Heavy Industrial.
o Traffic generation
There is almost no traffic generated from this proposed facility because it is unmanned.
Technicians will visit the facility intermittently as needed, and occasional
upgrades/construction might occur from time to time
o Any other information pertinent to adequate understanding of the intended use and its
relation to nearby properties.
Any other information can be viewed on our site plans made part of this application.
A complete site plan including:
o Digital plans and drawings of the project
o Title block that provides all contact information for the petitioner and/or owner, if different
o Full name and contact information of petitioner’s engineers/surveyors/architects, or other
design professionals used in the plan preparation
o The date of the original plan and latest date of revision to the plan θ 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
o All property lines and existing and proposed right-of-way lines with bearings and dimensions
clearly labeled
o All required building setback and offset lines
o All existing and proposed buildings, structures, and paved areas, including building
entrances, walks, drives, decks, patios, fences, walls
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Zoning Narrative | Page 6 of 6
o Location of all outdoor storage and refuse disposal areas and the design and materials used
for construction
o 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
o Location and dimension of all loading and service areas on the subject property
o Location, height, design, illumination power and orientation of all exterior lighting on the
property including a photo metrics plan
o 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, generator
We believe the site plans included in our submittal package address all of the above
requirements.
Thank you for considering our proposed Conditional Use Permit Application and Submittal Package for Harmoni
Towers’ proposed tower facility. We believe we satisfy the requirements for the proposed cell tower facility, and
we welcome any questions and comments as you review this application.
Please feel free to call me with any questions.
Sincerely,
Scott Littell
Site Development Agent on Behalf of Harmoni Towers, LLC
Buell Consulting, Inc.
1026 South 57th Street
West Allis, WI 53214
Office/Cell: 414.232.6496
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CUP
0 BRADLEY ST
PC: 9-17-2021
ACS AUTO LLC
2606 SHOREHAVEN LN
OSHKOSH, WI 54904
OSHKOSH CORPORATION
PO BOX 2566
OSHKOSH, WI 54903
BASCOM PROPERTIES OF OSHKOSH LLC
1322 33RD ST
TWO RIVERS, WI 54241
PATRICIA WILSON SURVIVORS
TRUST
605 MASON ST
OSHKOSH, WI 54902
FOX VALLEY & WESTERN LTD
17641 S ASHLAND AVE
HOMEWOOD, IL 60430
HYDRITE CHEMICAL CO
300 N PATRICK BLVD FLR 2
BROOKFIELD, WI 53045
WITTMAN REGIONAL AIRPORT
525 W 20TH AVE
OSHKOSH, WI 54902
SCOTT LITTELL
1026 SOUTH 57TH ST
WEST ALLIS, WI 53214
OTA INVESTMENTS LLC
N2604 COUNTY ROAD SS
PINE RIVER, WI 54965
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BRADLEY STBRADLEY STC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 8/5/2021
1 in = 120 ft1 in = 0.02 mi¯0 BRADLEY ST0 BRADLEY ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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Prepared by: City of Oshkosh, WI
Printing Date: 8/5/2021
1 in = 500 ft1 in = 0.09 mi¯0 BRADLEY ST0 BRADLEY ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs
Prepared by: City of Oshkosh, WI
Printing Date: 8/5/2021
1 in = 120 ft1 in = 0.02 mi¯0 BRADLEY ST0 BRADLEY ST
City of Oshkosh maps and data are intended to be used for general identification purposes only, andthe City of Oshkosh assumes no liability for the accuracy of the information. Those using theinformation are responsible for verifying accuracy. For full disclaimer please go towww.ci.oshkosh.wi.us/GISdisclaimer
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