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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES December 6, 2011 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, Steve Cummings, Kathleen Propp, Dennis McHugh, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: John Hinz STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of November 15, 2011 were approved as presented. (Vajgrt/Propp) I. CONDITIONAL USE PERMIT TO ALLOW THE INSTALLATION OF ADDITIONAL TELECOMMUNICATION/CELLULAR ANTENNAE ON THE ROOFTOP OF MAINVIEW APARTMENTS AT 522-530 NORTH MAIN STREET US Cellular is requesting Conditional Use Permit approval to allow placement of three (3) new telecommunication/cellular antennae on the rooftop of the building known as Mainview Apartments (formerly the Raulf Hotel) at 530 North Main Street, to increase signal speed and capacity of cellular communication devices. This item was laid over from the October 4, 2011 and the November 1, 2011 meeting to provide the applicant time to develop a rooftop/wall mechanical inventory, telecommunication equipment stealth plan and installation timeline. The applicant has provided an inventory of the existing antennae layout for the rooftop of the building as well as multiple examples of antennae concealment techniques that they are considering. Mr. Buck presented the item and reviewed the previous actions for this request. He also reviewed the site and surrounding area, the zoning classifications and land use for said area, and the site plan showing the location for the three proposed new antennae. He also reviewed the inventory for the existing antennae which does not account for all the current facilities on the rooftop and reviewed examples of stealthing features provided by the applicant. He explained that the roof was to be reconstructed by the end of 2012 and the stealth plan was to be incorporated into those plans. The owner/petitioner was requesting approval for the three additional antennae now to maintain quality service for the area. Mr. Buck also reviewed the conditions recommended for this request. Mr. Bowen arrived at 4:03 pm. Mr. Nollenberger questioned if condition #5 addressing the removal of the three new antennae if an equipment concealment plan is not provided by December of 2012 could be revised to include all the antennae currently on the rooftop. Mr. Buck responded negatively as the other antennae that currently exist on the structure are all grandfathered as they have existed on the site since prior to this conditional use request for the three additional antennae installation. __________________________________ Plan Commission Minutes 1 December 6, 2011 Ms. Propp inquired if condition #3 relating to the stealth plan would include all the antennae existing on the roof. Mr. Buck responded that the stealth plan would include all the facilities on the rooftop and the consultant for US Cellular would be working with the other carriers on all the facilities including the removal of unused equipment. Mr. Borsuk questioned what type of leverage the city had to ensure that the property owner would follow through with the stealth plan as intended. Mr. Buck replied that the three new antennae for US Cellular would have to be removed if the stealth plan was not provided as required. Mr. Borsuk then questioned if US Cellular could just decide to move their facilities elsewhere. Mr. Buck responded that it was possible but the conditions address that no additional alterations or additions could be made to any other facilities on the rooftop without providing a stealth plan for the equipment. Mr. Borsuk also inquired if the facilities would be removed and stealthed when the roof is reconstructed, can a condition be added that the roof must be reconstructed. Mr. Buck replied that the reconstruction of the roof would require the removal of the equipment however it cannot be added as a condition as the request was for the addition of the three antennae only. Mr. McHugh questioned why we do not have any rights to require that anything be done with the roof and if the City has reviewed the agreements with the cellular companies that own the equipment. Mr. Buck responded that the City does not own the property and the roof reconstruction was at the discretion of the property owner which was the Housing Authority who may have leases with the carriers but the City has not reviewed them. Mr. Thoms suggested that condition #6 be added that all equipment not in use be removed and commented that condition #1 to blend the three antennae additions into the building does not address stealthing the equipment. Mr. Burich indicated that a general association could be made that the unused equipment would be removed and he could consult the City Attorney on the matter. Mr. Cummings desired to affirm that condition #5 to conceal all the equipment would include both existing and the three proposed new additions and questioned the time period that a building permit was allowed. Mr. Buck confirmed that the condition to provide an equipment concealment plan included all facilities and that a building permit was valid for 12 months from the date of issuance. Ms. Lohry voiced her concerns with health factors related to radio waves and felt that some type of testament that these antennae were not causing health issues was necessary as there were 29 inventoried antennae on the rooftop of a building that housed tenants. __________________________________ Plan Commission Minutes 2 December 6, 2011 Mr. Borsuk wished to confirm that condition #5 would stealth all facilities and not just the three additional antennae. Mr. Buck responded that the condition addressed all equipment be screened at the time of the roof reconstruction and if not completed, the three additional antennae requested today would have to be removed as the conditional use permit would be revoked. Mr. Borsuk also questioned if the occupancy permit for the building could be revoked if the conditions were not met. Mr. Burich responded negatively as the apartment use was not part of this request and further stated that any amendments to the conditions would require the owner/petitioner to come back to the Plan Commission and Common Council for approval. Brad Masterson, Executive Director of the Oshkosh Housing Authority, stated that the agency has a lease with each cellular carrier and pager company that has equipment on the rooftop and could have inactive pagers removed from the rooftop within 30 days. The wireless antenna equipment could be moved to not be visible however the leases with the cellular carriers were to rent specific spaces on the roof. He did not feel there would be any problems with relocation of the equipment and the other carriers would be required to improve their equipment in time to remain competitive. He did have concerns with removing unused mounts until the roof reconstruction was under way as this could make the situation less stable. The apartment renovation was scheduled to be completed by summer at which time the roof reconstruction could be addressed. He further commented that there was a $5 million dollar investment in the renovation for the building and aesthetics were important to the tax credit funding they were receiving. Mr. Fojtik questioned if the building renovation was the reason that they had to be sensitive to the condition of the rooftop. Mr. Masterson responded affirmatively. Ms. Lohry inquired if he was aware of health issues related to cellular antennae. Mr. Masterson replied that he would defer that question to the cellular engineer present but he had the understanding that FCC standards only had concerns with people standing directly next to an antenna for it to create a health issue. Ms. Propp questioned if the Housing Authority had the funding to cover the costs for the removal of the mounts not in use. Mr. Masterson responded that a rental crane would be on site for the roof reconstruction and the unused mounts could be removed at that time. Jim Weinmann, 2310 Mill Street, New London, representing US Cellular, stated that health issues relating to cellular antenna equipment could be researched online but FCC standards relate to permitted maximum exposure and explained the differences between radiation from these sources and X-ray type radiation. He explained the distance guideline requirements and how the proximity of antennae and people contact is calculated when the equipment is placed. __________________________________ Plan Commission Minutes 3 December 6, 2011 Mr. Thoms questioned if each carrier is responsible for only their own equipment. Mr. Weinmann responded that the carriers are required to collectively work together in the placement of the facilities. Mr. McHugh questioned if US Cellular pays an entity for the services of having the equipment on the roof. Mr. Weinmann confirmed that payments are made to the property owner which in this case would be the Housing Authority. He further stated that the Plan Commission desires to correct the aesthetic issues with the site and US Cellular would like to address issues with capacity for technology services as businesses in the downtown area require it. US Cellular needs to address the technology issues and in turn would be willing to spearhead the effort to develop a stealth plan for all the existing equipment of both their company and the other carriers located on the rooftop. He further stated that the three new antennae would not be visible and he would be working with the property owner and the other carriers however this is a complicated matter and will take some time to develop. If the Plan Commission does not wish to allow US Cellular time to work out a development plan to stealth all the equipment, they would probably opt to relocate their equipment elsewhere however they are willing to absorb the expense to correct the issues. Mr. Borsuk stated that his concerns were with the ability of the property owner to follow up on the project not with the carriers. Mr. Weinmann commented that he was confident that the property owner will follow through with his obligations. Mr. Nollenberger suggested that the City look at developing an ordinance in the future to regulate the installation of all antenna facilities and to have them screened or concealed. Mr. Burich indicated that staff is currently researching the matter to develop an ordinance for such installations. Mr. Thoms commented that we are trying to fix a situation that was created without an ordinance in place and there was a necessity for an ordinance to address these situations. Antenna installations will become more prevalent in years to come with current technology advancing. He further stated that he felt the property owner made a compelling argument for not removing the unused antennae at this time. Mr. McHugh questioned if this was a historic property, could it be defaced in any way with these installations. Mr. Buck replied that there are guidelines for what can be done with historic structures and the owner is working with the Historical Society on the renovations but modifications were allowed on the building. Mr. McHugh commented that the stealthing examples provided were not on historical buildings and would not work on this structure and the City has invested a lot of money in the beautification of downtown and he could not support adding more clutter to the rooftop of this building. He felt other sites could be used for these antennae and there was no reason to approve it as it had no direct benefit to the City. __________________________________ Plan Commission Minutes 4 December 6, 2011 Motion by Bowen to approve the conditional use permit to allow the installation of additional telecommunication/cellular antennae on the rooftop of Mainview Apartments at 522-530 North Main Street as requested with the following conditions: 1)Antennae, mounts and cable runs are blended in with the appearance of the building as much as possible, with approval of the Department of Community Development. 2)A complete inventory and building/elevation plans of all facilities located on the structure is provided prior to installation of the proposed antennae. 3)No additional adjustments, alterations or additions to telecommunication equipment (beyond the three proposed) are permitted until a plan to stealth all facilities is provided, reviewed and approved by the City. 4)Status update on progress of the stealth plan is provided to the City of Oshkosh within 6 months of Common Council approval of this CUP. 5)Plans and building permits for the roof rehabilitation and equipment concealment are provided by December of 2012 or the Conditional Use Permit be considered null and void and the three antennae included within this petition be removed. Seconded by Vajgrt. Motion carried 9-0. PLANNING DIRECTOR’S REPORT Mr. Burich stated that the CVS development was tabled at the Common Council and continues to be laid over indefinitely while meetings are being held with neighboring property owners to address their concerns. He will be summarizing the progress of this item in a memo at a later date. Although the Council has not yet taken action on the item, the meetings with the neighbors have been productive. th Zone changes near established neighborhoods have been discussed as well as access to West 7 Avenue for the development which still has not been resolved. The planned development will go back to the Common Council for approval unless a major change is made to the site plans in which case he would recommend that the Council refer it back to the Plan Commission. Mr. Burich also reported that the request for the conditional use permit for the proposed church on Parkway Avenue and Evans Street has been withdrawn by the petitioner due to concerns from the neighboring property owners and further discussions with the church pastor have taken place. A neighborhood meeting was held and another meeting was planned before the request comes back to the Plan Commission. Mr. Burich stated that the Sustainability Draft Plan open house was recently held with little attendance. The plan will continue to move through various boards for comment. Mr. Burich requested the Commission members consider if they would be interested in serving on the Public Arts Advisory Committee to review appeals for murals and possibly other public arts issues. He distributed a copy of a description of said committee and stated that anyone interested in serving should contact him. He also stated that the City was seeking members to serve on the Bicycle/Pedestrian Committee being created. Mr. Burich also commented that a joint workshop with the Plan Commission and Common Council was being planned for the purpose of discussing future plans for the City’s Central Garage. January thst 24 and January 31 were the two dates being considered and Mr. Burich inquired which date would be more suitable for Plan Commission members. __________________________________ Plan Commission Minutes 5 December 6, 2011 Mr. Burich reported that the school board would be holding a meeting on Wednesday to discuss the reconstruction of Oaklawn School on either its current site or an alternate site. Mr. Nollenberger stated that there were speed bumps added on the reconstructed Elmwood Avenue that are not delineated by any signage. Mr. Burich stated that he would bring it to the attention of the Transit Department. There being no further business, the meeting adjourned at approximately 5:10 pm. (Vajgrt/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services __________________________________ Plan Commission Minutes 6 December 6, 2011