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HomeMy WebLinkAbout20. 12-265 MAY 22, 2012 12-265 RESOLUTION (CARRIED___7-0_____LOST________LAID OVER________WITHDRAWN________) PURPOSE: APPROVE CONDITIONAL USE PERMIT FOR CONSTRUCTION OF TELECOMMUNICATIONS TOWER AT 825 NORTH WASHBURN STREET INITIATED BY: AT & T WIRELESS, PETITIONER PLAN COMMISSION RECOMMENDATION: Found to be consistent with Section 30-11(D) and approved with conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit to allow construction of a telecommunications tower and accessory equipment at 825 North Washburn Street, per the attached, is hereby approved with the following conditions: 1) The proposed tower and tower site shall be designed to accommodate collocation of at least two additional users per Section 30-35(J)(2)(c)(i) of the Oshkosh Zoning Ordinance. 2) The permit holder for the tower shall allow collocation of at least two additional users per Section 30-35(J)(2)(c)(ii) of the Oshkosh Zoning Ordinance. 3) Movement of the telecommunications tower 7 feet to the east of the originally proposed location with approval from the property owner. OfHKOXH ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich Director of Planning Services DATE: May 17, 2012 RE: Approve Conditional Use Permit for Construction of Telecommunications Tower at 825 North Washburn Street (Plan Commission recommends approval) BACKGROUND The subject 4.27 acre property is zoned C-2, General Commercial District in the Highway 41 Corridor Overlay and is developed with a bar and grill (The Bar) with associated parking area and outdoor volleyball courts. The adjacent area consists of very low residential uses to the north and south, vacant/undeveloped lands to the west and U.S. Highway 41 to the east. ANALYSIS AT&T is proposing to construct a 90-foot tall monopole telecommunications tower along with an 11.5- foot by 28-foot equipment shelter located within a 50 by 50 foot parcel being leased from the property owner. The leased area is located at the southwest corner of the property and will fill a cellular coverage void that exists in this area. The site was chosen because it meets the needs to fill the coverage gap, has adequate size to meet required setbacks, and can be placed far from public view. The entire leased area will be completely screened by a 6-foot tall solid vinyl fence with landscaping provided along the west, south and east perimeters. Maintenance to the site will be once a month and ample parking is available via the off-street parking utilized by the bar. The proposed tower shall be designed to accommodate collocation of at least two additional users and will not be detrimental to the area or community as a whole. FISCAL IMPACT None anticipated. RECOMMENDATION The Plan Commission approved of this request at its May 15, 2012 meeting. Approved, City Manager ITEM: CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A TELECOMMUNICATIONS TOWER LOCATED AT 825 N. WASHBURN STREET (THE BAR) Plan Commission meeting of May 15, 2012 GENERAL INFORMATION Applicant: AT&T Wireless (Derek McGrew, agent) Owner: Miller Investments, LLC Action(s) Requested: The applicant is requesting a conditional use permit to construct a telecommunications tower and accessory equipment at 825 N. Washburn Street. Applicable Ordinance Provisions: Telecommunication Towers are permitted only through conditional use permits in the C-2 General Commercial Zoning District as regulated in Section 30-24 (A)(11) of the Zoning Ordinance. Standards imposed on Conditional Use Permits are located in Section 30-11 (D) of the Zoning Ordinance. Background Information Property Location and Type: The subject 4.27 acre property is zoned C-2, General Commercial District in the Highway 41 Corridor Overlay and is developed with a bar and grill (The Bar) with associated parking area and outdoor volleyball courts. The adjacent area consists of very low residential uses to the north and south, vacant/undeveloped lands to the west and U.S. Highway 41 to the east. Subject Site Existing Land Use Zoning Bar& Grill C-2, Highway 41 Corridor Adjacent Land Use and Zoning Existing Uses Zoning C-2, C2ETZ, Highway 41 North Residential Corridor C-2ETZ, Highway 41 South Residential Corridor East U.S. Highway 41 N/A West Vacant/Undeveloped R-1 Comprehensive Plan Land Use Recommendation Land Use 10 Year Land Use Recommendation Commercial 20 Year Land Use Recommendation Commercial ANALYSIS AT&T is proposing to construct a 90-foot tall monopole telecommunications tower along with an approximately 11.5-foot by 28-foot equipment shelter located within a 50-foot by 50-foot parcel being leased from Miller Investments, LLC. The leased area is located at the southwest corner of the property, approximately 460 feet from the N. Washburn Street right-of-way. The petitioner states in their narrative that this area of the City currently has no cellular coverage and this project will fill the coverage void and meet growing demand as this area develops. Initially, the petitioner planned to cohabitate a nearby tower owned by U.S. Cellular, however, the existing tower cannot handle the additional equipment. In addition, there is not enough space available in the leased area to locate the equipment shelter. This new proposed site was chosen because it meets the needs to fill the coverage gap; the parcel is adequately sized to meet required setbacks and can be placed far from public view, away from existing developments. Plans submitted by the petitioner indicate the entire lease area being completely screened by a 6- foot tall solid vinyl fence. A 12-foot wide gate along the eastern side will provide access into the leased area for entry to the equipment building. In addition, landscaping will be provided along the west, south and most of the east perimeters of the fenced-in area. The plans show the landscaping along the western side of the fencing to be located within an easement secured by ANR Pipeline; historically, ANR Pipeline has had concerns in regard to structures and landscaping placed within their easement and it is strongly recommended that AT&T coordinate their proposed landscaping with ANR Pipeline prior to installation. It is anticipated that maintenance workers will be on site approximately one time per month for maintenance. Ample parking is available via the off-street parking utilized by the bar. Applying the applicable standards of Section 30-11(D) to this request it would not appear the tower would have a negative effect on adjacent properties; it will not change the character of the general vicinity; will not be hazardous to existing or future uses; and will not be detrimental to the community as a whole. RECOMMENDATION/CONDITIONS Staff recommends approval of the CUP for a telecommunication tower and accessory structures with the following conditions: 1) The proposed tower and tower site shall be designed to accommodate collocation of at least two additional users per Section 30-35(J)(2)(c)(i) of the Oshkosh Zoning Ordinance. 2) The permit holder for the tower shall allow collocation of at least two additional users per Section 30-35(J)(2)(c)(ii) of the Oshkosh Zoning Ordinance. The Plan Commission approved of the conditional use permit with conditions noted. The following is the Plan Commission's discussion on this item. Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning and land use in said area. He reviewed the portion of the property where the tower would be located Item-CUP Cell Tower N Washburn St 2 which will be leased from the owner and reviewed the site plan for the request. He further stated that the area will be screened with fencing and landscaping and also reviewed the plans for the tower itself. He explained that the tower facility would be capable of collocation for additional users and the tower installation was to provide coverage in an area that currently has a gap in service. He also reviewed the conditions recommended for this request. Mr. Bowen questioned if the city has any agreement or policy to enforce the collocation of users on a single tower as high fees will force other users to construct new towers rather than collocate on existing ones. Mr. Nau responded that the city has an inventory of tower sites that they can direct companies to look into for location prior to applying for the installation of a new tower. Mr. Borsuk inquired what the city can do to prevent companies from extorting unfair fees from other companies to collocate on their existing towers. Mr. Buck indicated that if a company was not permitting collocation on their tower, the city could pursue the matter in court. Mr. Thorns commented that the property behind the subject site was zoned R-1 and questioned if there were any concerns with that issue. Mr. Buck responded that there was no development on this property currently and since the tower will be constructed before any other development, he did not anticipate any issues. Mr. Thorns questioned why the ANR easement issue was not included in the conditions. Mr. Buck replied that the two companies were private entities and were required to work out their issues amongst themselves. Mr. Nau added that the only element of the development in the ANR Pipeline easement area was landscaping. Mr. Thorns then questioned if the six foot high fencing would be adequate. Mr. Nau responded that the six foot height is required by code and the tower structure will be far enough away from any other development and there should be no negative impact on adjacent property owners. Mr. McHugh inquired how this development would benefit the city. Mr. Nau indicated that it would benefit the city by providing service in this area to citizens that do not have coverage in this zone of the city. Mr. Buck added that with technologies advancing in the wireless field, more citizens depend on coverage for wireless facilities with more capabilities and it will benefit them as well as the property owner. Item-CUP Cell Tower N Washburn St 3 Mr. McHugh stated that it will be a visual eyesore and be of no benefit to the city. Derek McGrew, CelluSite LLC, 10701 Firelight Court,Noblesville, Indiana, stated that he was present representing AT&T and stated that future collocations were a necessary evil. He further stated that agreements between companies were in place and AT&T would have collocated on another existing tower in the area however it did not have the capability of housing the additional equipment necessary. He commented that wireless coverage was necessary for the community and that they would like approval to move the entire tower site seven feet to the east to remove the landscaping from the area of ANR's easement. Mr. Thoms questioned where the service area for the tower coverage is located and if the property owner found the movement of the development seven feet to the east acceptable. Mr. McGrew distributed a map depicting the area that the tower would service and stated that he felt the property owner would be agreeable to it however he first needed to see if the City would be willing to approve the amendment to the original plan. Mr. McHugh questioned why the tower could not be placed somewhere out in the country. Mr. McGrew indicated that constructing a tower outside of the city would not be effective in providing service in the area that has a gap in coverage as it would be too far away. Mr. Thorns stated that the conditions should be amended to include the change in the tower's location by moving it seven feet to the east. Motion by Vajgrt to approve the conditional use permit for construction of a telecommunications tower located at 825 N. Washburn Street as requested with the following conditions: 1) The proposed tower and tower site shall be designed to accommodate collocation of at least two additional users per Section 30-35(J)(2)(c)(i) of the Oshkosh Zoning Ordinance. 2) The permit holder for the tower shall allow collocation of at least two additional users per Section 30-35(J)(2)(c)(ii) of the Oshkosh Zoning Ordinance. 3) Movement of the telecommunications tower seven feet to the east of the originally proposed location with approval from the property owner. Seconded by Bowen. Motion carried 9-0. Item-CUP Cell Tower N Washburn St 4 City of Oshkosh A lication SUBMIT To: pp Dept.of Community Developmen ❑ Planned Development Review 215 church Ave.,P.O.Box 1130 Oshkosh,Wisconsin 54903-1.130 OIHK011-1 x Conditional Use Permit Review PHONE:(920)236-5059 ON THE WATER **PLEASE TYPE OR PRINT USING BLACK INK** APPLICANT INFORMATION Petitioner: Derek McGrew,Agent on behalf of AT&T Wireless Date: 4/17/2012 3100 Tollview Drive Rolling Meadows IL 60008 Petitioner's ddr.ss: City: State: Zin: 317-507-4541 Derek@cel.l usite.net Telephone#:T� _ Fax:( ) Other Contact#or Email: Status of Petitioner(Please Check): • ~tier Repre anes t a live Tenant Prospective Buyer ! Petitioner's Signature(required): i. M1 C Date:T �7 OWNER INFORMATION / Miller Investments, hic.W 4/17/2012 Owner's): Date: " 825 North Washburn Streeet Oshkosh. WI 54904 Owner(s)Address: _City: State: 920-232-3566 kstini @meetatthebar.com Telephone#: Fax:( ) Other Contact#or Email: Ownership Status(Please Check): Individual Trust Partnership Corporation Property Owner Consent: (required) By signature hereon,11We acknowledge that City officials and/or employees may,in the performance of their functions, enter upon the property to inspect or gather other information necessary to process this application. I also understand that all meeting dates are tentative and may be postponed by the Planning Services Division for incomplete submissions or other administrative reasons. Property Owner's Signature: Date: SITE INFORMATION 825 North Washburn Street 91621010000 Address/Location of Proposed Project: . Parcel No. Telecommunications Facility and Associated Equipment Proposed Project Type: Bar/GrilI C-2/Hwy 41 OL Current Use of Property: . Toning:, Commercial Land Uses Surrounding.Site: North: Residential South: Commercial East: Vacant 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_DeveloproentiPlanninQhtm Staff Date Rec'd _- 5 Briefly explain how the proposed conditional use/development plan will not have a negative effect on the issues below. 1. Health,safety.and general welfare of occupants of surrounding lands. The proposed facility meets or exceeds all setback requirements. The tower is being proposed at the lowest height necessary to achieve the coverage objective. 2. Pedestrian and vehicular circulation and safety. The facility would have no effect on pedestrian or vehicular safety. The tower is visited approximately once per month. 3. Noise.air_water.or other forms of environmental pollution. There is no significant environmental pollution of any kind from this type of.facility. 4 The demand for and availability of naihlic services and facilities This facility requires little public services to operate,but actually enhances the public safety by providing wireless coverage on Route 4 and the surrounding community. 5. Character and future development of the area. The character of the area is Commercial and a high traffic area in Route 41. This character demands high quality wireless coverage. The future of the area is Commercial development as evidenced by the many commercial development signs in the area. SUBMITTAL REQUIREMENTS—Must accompany the application to be complete. > A NARRATIVE of the proposed conditional use/Development Nan including: ❑ Existing and proposed use of the property ❑ identification of all structures(including paving, signage,etc.)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. ❑ Compatibility of the proposed use with adjacent and other properties in the area. ❑ Traffic generation(anticipated number of customers,deliveries,employee shift changes,etc.) a Any other pertinent information to properly understand the intended use/plan and its relation to nearby properties and the community as a whole A complete SITE PLAN and BUILDING ELEVATIONS most include: ❑ Two(2)full size(minimum 24"x 36")scaled and dimensioned prints of site plan and building elevations ❑ Two(2)8'/2"x 11 (minimum)to 11"x 17"(maximum)reduction of the site plan and building elevations a 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) ❑ Title block that provides all contact information for the petitioner and/or owner and contact information of petitioner's engineers/surveyors/architects,or other design professionals used in the preparation of the plans ❑ The date of the original plan and revision dates, if applicable ❑ A north arrow and graphic scale. ❑ All property lines and existing and proposed right-of-way lines with dimensions clearly labeled ❑ Al].required setback and offset lines ❑ All existing and proposed buildings,structures,and paved areas,including building entrances,walks,drives,signs,decks,patios, fences,walls,etc, ❑ Location of all outdoor storage and refuse disposal areas and the design and materials used for screening ❑ 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 ❑ 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,etc. a NARRATIVE AT&T Wireless respectfully requests your consideration of a zoning approval to construct a wireless communications facility located at 825 North Washburn Street,better known as "The Bar"of Oshkosh. As shown in the following documentation, there is a demonstrated need for wireless coverage on Route 41, as AT&T Wireless currently has no coverage on this critical thoroughfare. When this corridor is fully constructed,AT&T Wireless customers can have peace of mind that if they have a mechanical issue, or slide off the road, that their AT&T Wireless phone will be able to reach assistance. In addition,tourists traveling through the area as well as the surrounding community will be able to browse the internet, use other cell phone, smart phone, computer and handheld devices to use You Tube, play video games, text, send emails as well as many other data applications not mentioned. This particular site was designed initially to use a nearby US Cellular Tower. There are three specific reasons that this tower cannot be used. First, the tower itself is not capable of handling the additional equipment. The US Cellular tower requires more than the value of replacing of the tower to reinforce the tower. Second, there is no ground space available for AT&T Wireless' equipment shelter. The third, and most definitive reason, is that US Cellular, the owner of the tower,was not able to enter into a new agreement with the underlying property owner in order to allow AT&T Wireless to expand the lease space, and therefore informed AT&T Wireless that they would not allow AT&T Wireless to use this tower site. There is information to backup this information within this packet. As a search for a tower site is conducted, many factors are taken into consideration, including the zone of a property, the ability of the property to meet setbacks, Landowner interest, environmental concerns, FAA, and sometimes most importantly,the surrounding general view- shed of where a tower should be located. This property was the best property in this area for several reasons—it was large enough to meet the setback requirements, it is very close to Route 41, and there are very few homes in the area. 7 Currently the property is being used as a bar/grill. There is currently a building, and a sign advertising the bar/grill. The tower site is located on the southwest portion of the property, away from the general traffic of Washburn Street. The size of the lease area, 50'x50', is being proposed with a vinyl fence as well as landscaping. This type of facility only requires approximately one visitor per month for maintenance. For that reason, only one parking space is required, and there is ample parking for both the current use of the property, as well as this proposed use. While the site is actually in operation 24 hours per day,the site is visited for maintenance during typical business hours, unless an emergency visit is required. Regardless, the tower is not likely to require lighting, and emits no glare, odor, fumes,vibration, etc. The only measurable noise emitted from the site would be from a backup generator, which is housed within the AT&T Wireless prefabricated shelter. 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P e E 5. 1 6 E. 6 E 0 4 ci 1 ril i E Lt g E g E t ..°,,s401Pki.OW.107M /441 CUP 831 WASHBURN LLC MILLER INVESTMENTS INC 825 N WASHBURN ST 230 OHIO ST 200 2263 MEADOW RIDGE DR PC: 05-15-12 OSHKOSH WI 54902 5825 DE PERE WI 54115 7996 KIENAST LUVERN G VALLEY HEIGHTS DEV CORP CELLUSITE LLC 765 N WASHBURN ST 765 N WASHBURN ST DEREK MCGREW OSHKOSH WI 54904 7721 OSHKOSH WI 54904 3100 TOLLVIEW DR ROLLING MEADOWS IL 60008 WIS DEPT OF TRANSPORTATION PO BOX 28080 GREEN BAY WI 54304 0080 nosh 1\ l. j 1� '� ,1' 1 Z .I'I . b i0 - I 't t 0 73.1 T I. co 'jW 1 , i p ; O 1C 'i z li, 1 1 r¢ C 6 I 1 VJ I j I 1 w.r m J I -�'I .n i r,.m I I I 'I I co ; '1, 1111, ❑ auv ""//..���� 'Try j 1 -_s g • Y �- y T ; I r,it „>< >< >! '><w;>c ;><-,-2.2‹-,>!v 7<�/ i 1 2;` `x <`v›< -„:,‹ ^ 1� 1 1 1 1 /..t. 1 1 1 i. i � j 1 I y ! ! 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Iwuu��. mom ' E11/,1V, IAIE.4 i , iuiuuurn1 ‘ � Mal 0 is AM MIME all 1- DISCLAIMER WIRELESS COMMUNICATIONS (1111) This map is neither a legally recorded map nor FACILITY / a survey and it is not intended to be used as one. O�HI\O�H This information is located cated in various of s cords,data 825 N W AS H B U R N S T and information located in various city,county ON THE WATFA and state offices and other sources affecting the area shown and it is to be used for reference City of Oshkosh purposes only. The City of Oshkosh is not re- sponsible of for any inaccuracies herein contained. If discrepencies are found,please contact the Community Development City of Oshkosh. Scale: 1" - 1000' Created by-dff 05/07/12 / 7 t- ,CSf' ti x �..,¢« 7"y.wwe xv- -v- .,.' .:7..i „ f �. '� i x ': 1 . A't¢`.g. >a "� 3hr. s., . ■ Fke- ``-x. .,s}- :4,1,711! -a;'- x s 1.p.:4-.a pt .,.� j m. f' �-�. Asa•"� r h � - #x >� .� �, - ;� �' �- SUBJECT �;. -,' , • W � ' as S ITE u+aC Tt i',.-..::1=k?'7.!--P.' 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V -` l.�.S (Iiiii) DISCLAIMER WIRELESS COMMUNICATIONS Th is map is neither a legally recorded map nor FACILITY a survey and it is not intended to be used as one. OfFiKOfH This drawing is a compilation of records,data 82 5 N WA S H B U R N S T I� fl and information located in various city,county ON THE WATER and state offices and other sources affecting 1 - the area shown and it is to be used for reference City of Oshkosh purposes only. The city of Oshkosh is not re- Department of sponsible for any inaccuracies herein contained. If discrepencies are found,please contact the Community Development City of Oshkosh. scale: 11 = 200 05!07112 Created by-dff 1'