HomeMy WebLinkAbout11. 21-456SEPTEMBER 14, 2021 21-456 RESOLUTION
(CARRIED___7-0____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER AT 0 BRADLEY STREET
INITIATED BY: HARMONI TOWERS LLC
PLAN COMMISSION RECOMMENDATION: Approved w/ conditions
WHEREAS, the Plan Commission finds that the Conditional Use Permit for a
communication tower at 0 Bradley Street, is consistent with the criteria established in
Section 30-382 of the Oshkosh Zoning Ordinance.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that a Conditional Use Permit for a communication tower at 0 Bradley Street,
per the attached, , is hereby approved with the following condition:
1. Final fencing (screening) plan shall be approved by the Department of
Community Development.
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
TO: Honorable Mayor and Members of the Common Council
FROM: Mark Lyons, Planning Services Manager
DATE: September 9, 2021
RE: Approve Conditional Use Permit for a Communication Tower at 0 Bradley Street
BACKGROUND
The applicant is requesting a Conditional Use Permit for installation of a communication tower or cellular
telecommunications tower. The subject site consists of a 9.86 acre parcel located on the east side of Bradley Street,
south of West 28th Avenue. 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.
ANALYSIS
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 HI district.
The proposed communication 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. The tower meets all applicable
setback, impervious surface, and height requirements of the zoning ordinance. The 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.
FISCAL IMPACT
Approval of this project should result in an increase in the assessed property value for the site. The applicant is
anticipating spending approximately $360,000 on this development
RECOMMENDATION
The Plan Commission recommended approval of the Conditional Use Permit with conditions on September 7,
2021. Please see the attached staff report and meeting minutes for more information.
Respectfully Submitted, Approved:
Mark Lyons Mark A. Rohloff
Planning Services Manager City Manager
ITEM: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A
COMMUNICATION TOWER AT 0 BRADLEY STREET
Plan Commission meeting of September 7, 2021.
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
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.
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.
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.
Item II – CUP/Communication Tower – 0 Bradley St. 5
The Plan Commission approved of the Conditional Use Permit with conditions on September 7,
2021. The following is Plan Commission’s discussion on the item.
Site Inspections Report: Mr. Groth and Mr. Kiefer reported vising the site.
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. 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. 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. 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. 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.
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.
Staff recommends approval of the proposed Conditional Use Permit for a communication tower
at 0 Bradley St with the findings and conditions as listed in the staff report.
Ms. Propp opened up technical questions to staff.
Mr. Mitchell asked if there is a broader city or regional plan or monitoring in place that looks at
a broader picture beyond one lot.
Mr. Lyons replied that cell towers are highly regulated through the federal and state
governments in terms of location and the local municipalities’ ability to get involved in the
Item II – CUP/Communication Tower – 0 Bradley St. 6
placement of them. They do have to provide documentation to us that they have evaluated
colocation options in the area before siting a new tower and they did provide the
documentation. The federal and state regulations in these instances trump everything about
what they are required to supply to us.
Mr. Mitchell asked if there were a comprehensive communication system that we can access in
relation to our communication system.
Mr. Lyons replied that because of how it’s regulated it’s not something the local government is
allowed to get involved with. We have a map showing where they are and that’s about it.
Mr. Coulibaly asked if there is a buffer zone before the cell tower and the neighbors and if they
have been notified.
Mr. Lyons said they have been notified like they would with any other conditional use permit
where we do send notices to neighboring properties.
Ms. Propp asked for any public comments and asked if the applicant wanted to make any
statements.
Scott Littell; Harmoni Towers, said that they have petitioned the Plan Commission for the
conditional use permit for 136 foot tall tower on Bradley St. They feel this is an ideal location, it
is zoned heavy industrial and the neighboring properties are zoned heavy industrial for the
most part. It is screened by mature trees and is close to residential areas which is a driver for
cell phone carriers to be on the tower. They have also complied with the colocation maxim.
Ms. Davey stated that this is currently being used as rented agriculture property and asked if
they will continue to be allowed to farm around the rest of the plot.
Mr. Littell confirmed they will be.
Andrew Flowers; ATT Mobility, confirmed that Harmoni is their vendor that is in the process of
seeking the CUP from Oshkosh. Last year Oshkosh gave ATT the ability to build another new
tower on EAA’s property which turned out to be a great asset to their event. One of the items
that we have here at ATT is long term strategic plan which is to keep increasing the capacity
and coverage of EAA event and surrounding communities throughout the year and this facility
will allow us to do that. It sits to the east of the airport and will be used heavily during the EAA
events and will be used throughout the rest of the year to the community. It will have the
newest technology on it and have First Net equipment for first responders. We’re excited to
have this site built. If we end up getting the approvals, it will be in the 2022 plan to build and
we will try to complete it before EAA event in July of 2022.
Kevin Pollard; SBA Communications, the owner of the existing tower located on 28th Ave. It’s
about 500 feet from the tower that is being proposed. The existing tower has been at that site
since 2006. ATT as a mobile service provider already has its equipment on that tower. The
existing tower does have the capacity to facilitate upgrades to ATT’s equipment. We do object
Item II – CUP/Communication Tower – 0 Bradley St. 7
to the application for this permit for a number of reasons. One being that the state statute and
the city’s ordinance is designed to promote colocation on existing towers, and I don’t agree with
the sentiment that the city has no ability to regulate this. There’s a state statute that preempts
certain factors that should not be considered but it doesn’t completely strip the city of the ability
to regulate by conditional use permit whether or not the tower is appropriate as a conditional
use and what the state statute and the ordinance requires is that the applicant demonstrates
with evidence that there is an economic burden and a reason that it can’t collocate on the
existing tower. I think there was a reference made to an affidavit or a statement, I haven’t seen
that but I can tell you that ATT has not sought any reduction in rent or modifications to the
existing lease on this tower. They completed an upgrade amendment and added additional
equipment in 2019. The statute also requires that the applicant requesting a new tower evaluate
the feasibility of colocation on an existing tower. We don’t think they’ve done that and they
haven’t contacted SBA saying “hey we have issues with the existing tower”. I was intending to
submit a radio frequency coverage comparison which we will provide after the hearing
showing that the coverage is essentially the same on either tower. One of the factors of the
conditional use permit in the city ordinance is whether the potential public benefit outweighs
the potential adverse impacts. Since there already is a tower there, there essentially is no public
benefit to adding a second tower. The statute and ordinance is designed to prevent this type of
clustering so you don’t end up with a bunch of cell towers stacked right next to each other.
There are obviously adverse visual effects, adverse effects on property value, and potential for
interference so I would submit that the application does not comply with the conditional use
factor that there be a public benefit outweighing a potential public harm and so for those two
reasons we don’t believe that the application complies with the statutes and we object to the
application on that ground.
Paul Jonas; Michael Best & Friedrich LLP, said he is the attorney representing Harmoni Towers.
Most if not all of the points that were raised by Mr. Pollard were addressed in both the sworn
statement that was provided as required by statute by Mr. Tim Brennan of ATT and also in the
support letter that was provided by Andrew Flowers who spoke earlier. First of all, it is not true
that ATT has not reached out to SBA to try and negotiate more reasonable terms then those that
are currently in place on the existing nearby tower. We included with the submission what we
refer to as a toss letter, but it is a site specific letter that requests that SBA engages in some sort
of reasonable negotiation to come to something closer to economic terms and functional terms
that even begin to approach those that are offered by Harmoni. The reality is that the
negotiation between SBA and ATT take place on a regional and national basis. Those
discussions have been and continue to be ongoing. ATT has a decision to make. They can either
remain on the SBA tower at terms that are millions of dollars more over the term of the lease or
relocate to the proposed Harmoni tower which will save ATT said millions of dollars and
importantly as noted in Andrew’s letter, will translate to lower rates charged to the citizens of
Oshkosh and the surrounding area. The idea that there is no public benefit to this tower would
refute that statement. One of the many reasons that this proposed tower makes sense for both
ATT, Harmoni and the city of Oshkosh is both the lease structure and the physical structure
allow for the easy replacement upgrade of equipment as new technology becomes available.
The whole idea is that this new tower is flexible so that when new technologies become
available they can be applied to the tower quickly and easily and economically. The SBA tower
offers none of those benefits and despite the efforts on ATT’s part, SBA is here today for one
Item II – CUP/Communication Tower – 0 Bradley St. 8
reason, to maintain their monopoly. This is an argument and discussion we’ve had in many
municipalities throughout the state and discussion is always the same. With regard to 66.0404
which is the state statute that governs cell towers sighting, the requirement is that if the
applicant is going to propose the new tower they have to explain whether or not they
considered colocation, and if they didn’t why they didn’t, is it either economically burdensome,
technologically not feasible or will not result in the same coverage and in fact we meet all three
of those standards. I would suggest in the interest of ATT and Harmoni are of course to expand
their business and to be in business, but as importantly they are to increase the coverage and
service to the citizens of Oshkosh and I would further submit that none of those goals would be
accomplished if SBA continued to remain the monopoly in this market.
Mr. Coulibaly asked if there is any impediment to SBA’s business by the fact that ATT is
acquiring a new tower besides losing ATT’s business as a renter.
Mr. Pollard replied that no there is no other impediment. They are a competitor, but on the
other hand, when SBA built these towers, they built them subject to local zoning laws and new
towers are coming in and saying you can’t apply local zoning laws and you have to let us build
a new tower. As a local government you can regulate where new towers are going.
Mr. Jonas said another business impact for SBA is the fact that there might not be any other
carriers on the current tower but if ATT were to leave and the tower become vacant, by the city
of Oshkosh ordinance, the tower would have to come down after a year. This would be another
motivation to try to make ATT stay on the tower despite it not being a good arrangement.
There were no other public comments on this item.
There were no public comments on this item.
Ms. Propp closed public comments and asked if the applicant wanted to make any closing
statements.
Mr. Littell stated that they exceed all the requirements set forth in the ordinance for conditional
use permit for this tower.
Motion by Mitchell to adopt the findings and recommendation as stated in the staff report.
Seconded by Davey.
Ms. Propp asked if there was any discussion on the motion.
Mr. Mitchell said that each time a tower comes up there seems to be a legal trial of some sorts as
to the merit of it. At the same time staff says there’s nothing we can do. Is there a step that can
be added to this process that requests these statements ahead of time and can be added into the
packet. Something that eliminates the fact that we are interpreting a law that we don’t have the
ability to interpret.
Item II – CUP/Communication Tower – 0 Bradley St. 9
Mr. Lyons said they have had discussions with the attorneys office and what they have said is
the documentation that we need has been submitted which is why we are recommending
approval of the tower. Not sure what additional information would be required. No matter the
situation you are going to have competing tower companies that are likely to come before you
to make an argument of their opinion of the case. Our interpretation as the planning office and
review of the documentation is that they meet the code requirements which is why we have
recommend approval.
Ms. Propp said this might be something that goes to courts if the city approves this application.
There is still a dispute and if that is the ultimate solution.
Mr. Lyons said that if either entity would choose to challenge it they are within their rights. As a
municipality we have done our due diligence and our appropriate review.
Mr. Mitchell asked if there is ever a scenario where proximity to existing towers makes any
difference to the city.
Mr. Lyons said that if the documentation can be provided that those three criteria that we’ve
provided and discussed are relevant, the staff under our reading of the ordinance would still
recommend approval to you. If they failed to do that, then we are well within our rights as a
municipality to recommend a denial. If they have done their statutory requirements we would
recommend approval of the tower. There is no basis for recommending denial at that point.
Motion carried 9-0.
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.
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).
(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
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
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
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
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
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
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