Minutes 1-3-07 - Pierce County Home Page

expanded to accommodate digital equipment as well as other public agencies. This is a noncommercial
tower operated by units of government. The preference is not to allow private users on the facility for
security reasons. The tower may not require abandonment since the use is for security purposes and the
technology the County uses with the two-way radio system would require that this tower be there
perpetually. It’s not like private cell towers that may go to satellite if communications technology would
change. I just received a copy of the formal agreement between the County and State of WI. This
twenty-five year agreement was signed a year ago between the Dept of Transportation and the County.
The Dept of Transportation will construct the 180 ft monopole facility, the county will own the property.
If the Dept of Transportation were to tear down the tower or discontinue the use, there would be
notification to all parties within 270 days from the day of termination. At that time, the County would
have first right to purchase the tower. The Dept of Transportation will be responsible for maintaining the
tower, including annual inspections. Under item 19 in the contract it states, The WI DOT may provide
space to other public entities on its tower and in it’s building for public safety and other
telecommunication purposes with the consent of the County. WI DOT may also provide space for a
private third party on its tower or in its building or in separate equipment buildings for
telecommunication purposes but under separate agreement duly executed by WI DOT, the County and
the third party. If that were ever to occur the type of facility that we’re permitting tonight may require a
different conditional use permit. The site plan included with this application shows the existing tower
with the guyed lines and the proposed tower. The site is on top of Dills Mound which is about 1052 ft
above sea level providing a good location for a tower. The site is buffered fairly well with trees. There
are homes within 1320 ft of this location but aren’t any directly adjacent to the tower site. We received a
nonhazard study from Federal Aviation Administration completed last October specifying this tower
doesn’t require additional lighting. Commercial towers require a setback of 50 ft plus the height of the
tower but the zoning code exempts noncommercial towers from property line setbacks. The code does
not exempt the tower from locating within 1320 ft of offsite residences without a waiver. The towers
foundation is going to be set on weathered bedrock and there was some discussion through e-mails about
the footings. The footing plans were not submitted yet. I’m assuming they are going to put spread
footing in which is 30 ft in diameter which is typical of most cell phone towers we’ve seen. There will
be an annual inspection performed by the DOT and the county typically would be provided copies of
those inspections. Land use permits are issued for all commercial towers for a fee according to the fee
schedule. This fee is something the committee may consider as this is a noncommercial tower that may
deviate from the commercial tower fee schedule. The staff report addressed the proposed schedule for
installation of the facility. Of the five individuals that live within 1320 ft of the tower; two have
responded, one was at the Town meeting and Mr. Krueger was recently sent a letter but is out-of-town. It
would be prudent for the committee to either issue the conditional use permit contingent upon receiving
waivers from all the residents within 1320 feet or deferring action on this request.
Staff Recommendation: Staff recommends the Land Management Committee take action of this
conditional use for this tower subject to the following conditions:
1. A land use permit will be issued for the tower and renewed annually thereafter along with
a facility status report to be submitted by January 31. Suggest tower fee deviation provided
commercial users will not utilize this facility.
2. The tower shall be constructed without causing negative physical impacts to nearby