HomeMy WebLinkAbout08-418NOVEMBER 11, 2008 08 -418 RESOLUTION
(CARRIED 7 -0 LOST LAID OVER WITHDRAWN )
PURPOSE: APPROVAL OF CONDITIONAL USE PERMIT FOR A ROOF
MOUNTED TELECOMMUNICATION TOWER AND ANTENNA /
404 NORTH MAIN STREET
INITIATED BY: WBAY TV, PETITIONER
PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30 -11(D)
and approved
BE IT RESOLVED by the Common Council of the City of Oshkosh that a
conditional use permit is hereby granted under Section 30 -11 of the Oshkosh Zoning
Ordinance to replace an existing 60 ft. telecommunication tower and antenna on the
roof at 404 North Main Street, per the attached.
1H K fH
ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Jackson K'
Director f ity Development
DATE: November 6, 2008
RE: Approval of Conditional Use Permit for a Roof Mounted Telecommunication
Tower and Antenna at 404 North Main Street (Plan Commission Recommends
Approval)
BACKGROUND
The 0.26 -acre property is located at the northeast corner of North Main Street and Washington
Avenue and is developed with an eight story office building known as the National Bank
building. There is currently an existing 60 foot tall guyed tower mounted to the roof that will
soon be unable to support newly required FCC equipment and the existing antennas. Therefore
the tower must be replaced with a tower that has greater strength and load capacity.
ANALYSIS
WBAY is requesting to replace the existing tower due to a recent FCC mandated program which
requires movement of the antenna on the existing tower as well as the addition of a new antenna
system. The existing tower is not capable of supporting the existing antennas and new system
and must therefore be replaced. The existing rooftop tower is a 60 foot tall /18 inch faced tower
guyed to the buildings roof and penthouses with four cables. The proposed new tower will also
be 60 foot tall but will have a three foot face and is self supported /free standing and will not
require guy wires. The impact of the tower replacement will be negligible as the proposed tower
will be no taller than the existing tower and will be setback further from the roof edge.
FISCAL IMPACT
None anticipated.
RECOMMENDATION
The Plan Commission approved of this request at its November 4, 2008 meeting.
Approved,
City Manager
ITEM: CONDITIONAL USE PERMIUDEVELOPMENT PLAN APPROVAL TO KLPLAUE
A TELECOMMUNICATION TOWER AND ^ ANTENN 'AT404 NORTff MAIN
STREET
Plan Commission meeting of November 4, 2008.
GENERAL INFORMATION
Petitioner: Greg Tadyshak, WBAY
Owner: Fox River Development Co.
Action(s) Requested:
WBAY is requesting conditional use permit approval to allow placement of a telecommunication
tower and antenna on the roof of the building known as the National Bank Building to replace an
existing tower that has become obsolete.
Applicable Ordinance or Comprehensive Plan Provisions:
Section 30 -35 (J) of the Oshkosh Zoning Ordinance requires all towers /antennas proposed to be
constructed in commercial zoning districts to receive a conditional use permit. The Zoning
Ordinance establishes criteria and guidelines for the approval of CUP in Section 30- 11(D).
Property Location and Background Information:
The 0.26 -acre property is located at the northeast corner of North Main Street and Washington
Avenue. It is developed with an eight story office building known as the National Bank building,
which was constructed in 1926.
There is currently an existing 60 foot tall guyed tower mounted to the roof that will soon be unable to
support newly required FCC equipment and the existing antennas. Therefore the tower must be
replaced with a tower that has greater strength and load capacity.
Subiect Site
Commercial Office
C -3130
acent Land Use and
North Commercial Retail /Service
................................ ................................. ........... �........_........................._ .............................................._................_....._.........,....................... ...................._..........
Commercial Retail (across Washington
South Ave.)
_ ...................................................................... ..................... . ... .. ..................................... ....... .......... ............. . ...... .. .... _ ... ..............
......_._....... ......._._..................._.
East . t Parking (across Public Alley)
.... _...I..._._ . ...........
Commercial Retail /Service (across N Mai
West St.)
C -3DO
.............. . . . . . . . . .
C -3DO
C -3DO
C -3DO
Comprehensive Plan
10 Year Land Use Recommendation Mixed Downtown Development
20 Year Land Use Recommendation Mixed Downtown Development
ANALYSIS
WBAY is requesting a conditional use permit to allow the replacement of an existing tower with
antennas used by WBAY TV for electronic news gathering and remote weather monitoring on the
National Bank Building at the northeast corner of North Main Street and Washington Avenue.
The reason the tower needs replacement is that an FCC mandated program requires private entities to
free up spectrum for public safety and other wireless services. This mandate requires movement of
the antenna on the existing tower as well as the addition of a new antenna system, which has higher
wind loading than the system it is to replace. The existing tower is not capable of supporting the
existing antennas and new system and must therefore be replaced.
The existing rooftop tower is a 60 foot tall/ 18 inch faced tower guyed to the buildings roof and
penthouses with four cables. The proposed new tower will also be 60 foot tall but will have a three
foot face and is self supported /free standing and will not require guy wires.
The impact on the tower replacement will be negligible as the proposed tower will be no taller than
the existing tower and will be setback further from the roof edge. Staff believes that the increase in
tower facing from 1.5 feet to 3 feet is offset by the removal of the existing guyed wires.
RECOMMENDATION /CONDITIONS
The Department of Community Development recommends the Plan Commission find the proposed
CUP/Development Plan is consistent with Section 30 -11 (D) of the Zoning Ordinance and the request
be approved.
The Plan Commission approved of the CUP/Development Plan as requested. The following is the
Plan Commission's discussion on this item.
Ms. Mattox questioned if the grey structure on the roof of the building would be moving.
Mr. Buck responded that the only proposed changes were the replacement of the tower and antenna
on the building.
Jim Weinmann, Wireless Planning, 2310 Mill Street, New London, explained the FCC mandated
program that initiated the need to replace the telecommunication tower and antenna and stated that
any structure on the roof of the building was unrelated to the tower equipment.
Ms. Mattox. inquired if the tower could be moved back further from the edge of the building so it
would not be as visible from the street.
Mr. Weinmann responded that the existing platform was going to be used to hold the new equipment
and that it was most practical to install the tower in the same area as relocating the platform would
add additional costs and complications for the replacement of the equipment.
Motion by Fojtik to approve the conditional use permit /development plan to replace a
telecommunication tower and antenna at 404 North Main Street as requested.
Seconded by Lowry. Motion carried 7 -0.
ITEM- 404 NMain- AntennaCUP 2
City of Oshkosh Application
`r Conditional Use Permit S UBMIT TO:
Dept. of Community Development
O fH<OJ 215 Church Ave., P.O. Box 1130
ON THE WATER * *PLEASE TYPE OR PRINT USING BLACK INK ** Oshkosh, Wisconsin 54903 -1130
PHONE: (920) 236 -5059
APPLICANT I NFORMATION
Petitioner �� ���( Date:
Petitioner's Address: 115 �o a An - 6" ^ City: &C-e vx get State: C1 Zip: 5_
Telephone #: (() Fax:( ? ;0) `� 3� _ 3 s S" Other Contact # or Email: fatly k C �,� `► ° t `
Status of Petitioner (Please Check): ❑,Owner ❑ Representative L ❑ Prospective Buyer
Petitioner's Signature (required):
OWNER INFORMATION
Owner(s): rck 6 ;Jcv' �-
Date: a D
Date: 1 ®! 2i! d
Owner(s) Address: ` 0 w N . IVI rt e K 5 r. City: � g "1 V 5 w1 State: d�-� Zip: � `� J 16 -3
Telephone #: ('� 3r- - 7 Z 8 Fax:( )
Other Contact # or Email:
Ownership Status (Please Check): ❑ Individual ❑ Trust ❑ Partnership 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 inform-atm necessary to process this application. I also understand that all meeting dates are tentative
and may be postponed by the Plann,4igfervles Division for incomplete submissions or other administrative reasons.
Property Owner's Signature:
SIT INFORMA
Date: 149 ® 2r6
Address/Location of Proposed Project: q6 � I , 1-1 VL J -
Proposed Project Type: C fr_ l e i a cc e
Current Use of Property: Q4t'1 Jb %. t 6,11 11"4 �° �t Zoning:
Land Uses Surrounding Your Site: North:
South:
East:
West:
"Please note that a meeting notice will be mailed to all abutting property owners regarding your request.
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 Ree'd * �J4
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Briefly explain how the proposed conditional use will not have a negative effect on the issues below.
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
0 Any other information pertinent to adequate understanding of the intended use and its relation to nearby properties
A complete site plan including:
❑ Two (2) full size (24" x 36 ") scaled and dimensioned prints of site plan and building elevations
❑ Two (2) 8 '' /z" x 11 (minimum) to 11" x I T' (maximum) reduction of the building elevations and site plan
❑ One compact disc or diskette with digital plans and drawings of the project in AutoCAD 2000 format with fonts and plot style
table file (if plans have been prepared digitally)
e petitioner and/or owner, if different
❑ Title block that provides all contact information for th
❑ 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 Iines 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 -36 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
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SUBMITTAL REOUII2EMENTS - Must accompany the application to be complete.
WBAY-TV
Memo
To: Dave Buck
From: Jim Weinmann
CC: Greg Tadyshak, Art Williams, Tony Primavera
Date: 10/6/2008
Re: WBAY -TV application for CUP to replace rooftop tower /antenna installation at 404 N. Main
Mr. Buck,
WBAY respectfully requests review and consideration of the attached CUP application to replace an
existing 60 foot tower and antenna installation on the roof of the building located at 404 N. Main Street.
The following narrative provides information as requested on Page 2 of the Conditional Use Permit
Application. The narrative provides additional information related to the proposed tower's design,
loading, and use.
1. Existing use of property. Rooftop tower and antenna installation for WBAY TV's use for electronic
news gathering and remote weather monitoring. The height of the existing tower is 155.8' AGL.
2. Proposed use of property. The proposed use of the property will be the same but with a new tower
that is stronger than the existing tower. The new tower will not exceed 156' AGL.
3. Projected # of residents, employees, daily customers. There will be no on -site residents or
employees. There will be no daily customers. The site will be visited periodically by technicians for
routine maintenance and upkeep. The visits may be twice per month or less.
4. Proposed amount of dwelling units, parking area, etc. None, not applicable.
5. Effects on adjoining property. Following construction of the new tower, there will be no new effects
to adjoining properties.
6. Compatibility of proposed use with adjacent properties. Same as the existing tower.
7. Traffic generation. None with the exception of monthly or quarterly maintenance visits.
8. Dimensions of existing tower and proposed tower. The existing tower is 60 feet tall consisting of
six (6).10 foot sections. The tower has an 18 inch face, is triangular in shape, and is guyed to roof
anchors. The new tower will be 60 feet tall with a 36 inch face and will also be triangular in shape.
Unlike the existing tower, the new tower will be free standing and will not require guy wires or
anchors on the roof.
9. Reason for tower replacement. This is part of a Federally (FCC) mandated program to free up
spectrum for public safety and other wireless services. Sprint/Nextel is being required to give up
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spectrum and move to the lower portion of the band that was occupied by BAS services; In order
to accomplish this, the incumbent BAS users are having their spectrum compressed in order to
make room for Sprint/Nextel services. This requires BAS users to transition to more spectrally
efficient digital techniques. In return, Sprint/Nextel is required to pay for moving the BAS
incumbents into the new compressed band and make them "whole." As part of this process,
WBAY will need to use a new ENG receive antenna system. This ENG system has higher wind
loading than the system it is replacing. The existing tower is not capable of supporting the existing
antennas plus the ENG receive antenna system. Therefore, the existing tower must be replaced
with a stronger tower.
10. Will the new tower be able to accommodate new antennas and if so, how many. The new tower
will. be designed to hold all of the existing antennas and meet the new EIA 222G standards for
towers, which includes the ENG receive antenna system. This capability will make the BAS user,
in this case WBAY, whole and Sprint is not required to pay for additional structural capacity. Any
additional capacity would be at WBAY's expense. WBAY has the right to restrict other radio
services and intends to restrict other uses to protect the integrity of their communication systems
and avoid interference to WBAY's electronic news gathering operation. WBAY does not intend to
add additional capacity beyond what is federally required.
If you have any questions, or need additional information, please do not hesitate to call me at 920 -982-
3286.
Regards,
Jim Weinmann
Agent for WBAY
• Page 2
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