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Home My WebLink AboutItem IIPLAN COMMISSION STAFF REPORT MARCH 1, 2022 ITEM II: PUBLIC HEARING: CONDITIONAL USE PERMIT REQUEST FOR A COMMUNICATION TOWER AT 0 STILLMAN DRIVE GENERAL INFORMATION Applicant: Scott Littell, Harmoni Towers LLC. Owner: Michael R. Peerenboom 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 6.23 acre parcel located on the south side of Stillman Drive. The site is currently vacant and located within the Northwest Industrial Park. The 2040 Comprehensive Land Use Plan recommends Industrial use for the site. The site is surrounded predominantly by industrial uses along with Lakeview Memorial Cemetery to the south. Subject Site: Existing Land Use Zoning Vacant HI Recognized Neighborhood Organizations N/A Adjacent Land Use and Zoning: Existing Uses Zoning North Industrial HI South Railroad HI West Industrial HI East Industrial HI Comprehensive Plan Land Use Recommendation Land Use 2040 Comprehensive Land Use Plan Recommendation Industrial Page 1 Item II – CUP/Communication Tower – 0 Stillman Dr.. 2 ANALYSIS Use The applicant is proposing to install a cellular telecommunications tower which will have an overall height of 199’ (including lightning rod). Communication towers require a Conditional Use Permit in the Heavy Industrial (HI) district. Site Design & Access The proposed cell tower will be accessed from Stillman Drive with a 12’ wide access drive. The tower and associated equipment will be enclosed within a 75’ X 75’ fenced in area. Page 2 Item II – CUP/Communication Tower – 0 Stillman Dr.. 3 Required Provided Front Setback (north) 30 ft. 30’ Side Setback (east) 20 ft. 239’ Side Setback (west) 20 ft. 32’ Rear Setback (south) 25 ft. 416’ Impervious Surface 70% max. Approx. 3% The proposed cell tower and equipment are meeting all applicable setback, impervious surface and height requirements of the zoning ordinance, with the exception of a utility transformer pad and fiber handhole shown within the front setback area. These structures will need to be moved further south to meet the 30’ setback requirement. This can be addressed during Site Plan Review. 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 applicant has provided a sworn statement attesting that collocation within the applicant’s search ring is economically burdensome, meeting the permit application requirement for a new communication tower. 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 Page 3 Item II – CUP/Communication Tower – 0 Stillman Dr.. 4 As no building is being proposed for the site, only street frontage and paved area landscaping are required. Points Required Points Provided Street Frontage 40 (20 medium trees) Not listed Paved Areas 18 (5.4 tall trees, 7.2 shrubs) Not listed TOTAL 58 Not listed Street Frontage The plan set does not show provided street frontage landscaping. Code requires 30 street frontage landscaping points per 100 feet of frontage. These landscaping points will need to be provided and can be addressed during Site Plan Review. Paved Areas The provided site plan shows 5 trees on the north side of the enclosed tower/equipment area, but does not list the species. A combination of trees and shrubs will need to be provided to meet the code requirement of 30 paved area landscaping points per 10,000 sq. ft. of paved area. This can also be addressed 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 Stillman Dr. as proposed with the findings listed above and the following conditions: Page 4 Item II – CUP/Communication Tower – 0 Stillman Dr.. 5 (1) Final fencing (screening) plan shall be approved by the Department of Community Development. (2) Final landscaping plan shall be approved by the Department of Community Development Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 CUP STILLMAN DR PC: 03-01-2022 LAKE VIEW MEMORIAL PARK PO BOX 130548 HOUSTON, TX 77219 CORRIM INVESTMENTS LLC 1870 STILLMAN DR OSHKOSH, WI 54901 MVT LLC 2247 RYF RD OSHKOSH, WI 54904 BBB REAL ESTATE LLC 2916 ALGOMA BLVD OSHKOSH, WI 54901 CHICAGO & NORTHWESTERN RR CO 4823 N 119TH ST MILWAUKEE, WI 53225 CAREW CONCRETE & SUPPLY CO INC 1811 W EDGEWOOD DR APPLETON, WI 54913 SUTTON PROPERTIES LLC 8011 SCHOFIELD AVE SCHOFIELD, WI 54476 FOX VALLEY & WESTERN LTD 17641 S ASHLAND AVE HOMEWOOD, IL 60430 TOWN OF OSHKOSH 1076 COZY LN OSHKOSH, WI 54901 MICHAEL R PEERENBOOM 2561 VINLAND ST OSHKOSH, WI 54901 SCOTT LITTELL (HARMONI TOWERS) 1026 SOUTH 57TH ST WEST ALLIS, WI 53214 Page 11 Oshkosh City LimitOshkosh City Limit STILLMAN DRSTILLMAN DR C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/7/2022 1 in = 120 ft1 in = 0.02 mi¯STILLMAN DRSTILLMAN DR 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 Page 12 I I HI SMU SR-5 MR-12 UI-PD SR-5 SMU-PD MR-12-PD DR-6 MR-12-PD Ken Robl Conservation Park Oshkosh City LimitOshkosh City Limit!"#$41 AAL L GGOOMMAABBLLVVDDWWFFEERR NNAAUUAAVVWWAALLTTEERRSSTTW PACKER AVW PACKER AVCLOVER STCLOVER STSSTTIILLLLMMAANN DDRR MINERVA STMINERVA STHAMILTON STHAMILTON STPROGRESS DRPROGRESS DRWALTER CTWALTER CTC:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/7/2022 1 in = 500 ft1 in = 0.09 mi¯STILLMAN DRSTILLMAN DR 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 Page 13 C:\Users\Public\Desktop\2020 Plan Commission Site Plan Map Template.mxd User: hannahs Prepared by: City of Oshkosh, WI Printing Date: 2/7/2022 1 in = 100 ft1 in = 0.02 mi¯STILLMAN DRSTILLMAN DR 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 Page 14