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RES 2000-1835 - SUP to allow broadcast tower in R4 district at 5710 S 176th St j r ' 4 lor lli • Orriaha CityPlanning Department • For Office Use On y • Date Filed APPLICATION P c \ Fee$ 7 • Receipt# 9L ZONING • Case# ( ) Rezoning from to ( ) Conditional Use Permit (X) Special Use Permit ( ) Site Plan Review ( ) Other Property Owner Millard West High School 5719 S. 176th Avenue Q8),35 �9 --6000 (Name) (Address) (Zip) (Phone) I Applicant Sprint PCS 9801 Higgins Road Suite 200 Rosemont. II, 60018 847-384-3000 (Name) (Address) (Zip) (Phone-day time) Representative SBA Inc 1.611. 1./2 Farnam nmaha,NE 68102 346-1670 (Firm Name) (Address) (Zip) (Phone) Contact Person David E. Mackie • 5110 S . I7614/ General Location/Address As provided in the attached project summary. Legal Description As. provided in the attached project summary. �4 Proposed use type /5 _" TO/kM Existing Use (see Artic e 3 o{zoning code) Building and Parking Information Landscaping Information a. Total site area - sq. ft. j. Total area of street yard sq. ft. b. Building coverage sq. ft. k. Street yard landscaped area sq. ft. c. Building coverage (b_a) % I. Street yard landscaped area (k+j) 43/0 d. Maximum building height ft. .m. Parking lot area sq.ft. e. Total floor area sq.ft. n. Interior parking lot landscaping sq. ft. f. Floor Area Ratio (e_a) o. Interior lot landscaping (n_m) g. Total paved area sq. ft. Residential Uses Only h. Impervious coverage (b+g_a) % p. Number of units i. Number of parking stalls for multi-family: #of efficiencies Number of compact stalls # 1 bedrooms Number of handicapped stalls #2 bedrooms #3 bedrooms sq.ft • q. Density (a_p) unit./ • r. Total floor area of any incidental office or commercial use sq. ft. If you have any questions about this application form, please contact the Current Planning Division at 444-5200. • afc,*arei,li Owner's Signature Owner/Applicant Signature (If not the property owner,the applicant certifies with this signature to be the authorized agent of the property owner.) l'a—a?—,' David E. Mackie Date Submitted (Print or Type name of Applicant) (1/98) P ` • • • ZONING • All zoning applications will be presented at a public hearing before the Planning Board. Completed applications must be filed with the City Planning Department at least 23 days before the Planning Board hearing to assure timely review and to meet public notice requirements.Applications received after that time will be placed on the following Board agenda. Incomplete Applications Cannot Be Processed. Call the Planning Department at 444-5200 for exact meeting dates and deadlines. Site Plan A general site plan, drawn to scale with dimensions, must be included as a part of the application. The site plan is required to show the following: x The date, scale, north point, title, name of owner, and name of the person preparing the plan. x The location and dimensions of boundary lines and easements. x The location and size of public utilities to service the site. x The location of major site features, including drainage systems with existing and proposed contour lines to display proposed grading, but in no case greater than at 5 ft. intervals. x The location of site improvements, including signage; parking and loading areas; pedestrian and vehicular access (sidewalks, driveways, vehicle stacking lanes); service, display and storage areas. x Location, size, height, bulk and use of existing and proposed structures on the site including storm shelters, if required. x Landscape concept plan showing location and type of existing trees over 6 inches in diameter and proposed plantings, berms, bufferyards, screening, fencing and lighting schemes. A traffic impact analysis may be required by the Public Works Director. Application Checklist Fees and Plans Required for Submittal x Completed and signed application form Rezonings: Fee #Plans to AG, DR, R1 -R5 or MH $250 3 X Filing fee to R6-R8 490 10 all others 985 20 X Site plan (18 x 24 max.preferred) Special Use Permits 560 10 Major Amendment 340 10 Traffic impact analysis Minor Amendment 75 2 Conditional Use Permits 210 10 Major Amendment 190 10 Minor Amendment 75 2 Site Plan Approval 85 5 Overlay District 365 10 Major Amendment 250 10 Minor Amendment 75 2 Special and Conditional Use Permits and Industrial Uses Please submit a statement describing the proposed use. This should include information about the hours of operation, number of employees and clients,type of programming or services, traffic expected to be generated, and any other pertinent operating and / or site development characteristics listed in Table 55-885 of the Zoning Ordinance. Use permit applications also require submittal of building elevations to show the general appearance of existing and proposed structures. See Attachment. • • SPECIAL USE PERMIT STATEMENT AND WIRELESS SERVICE FACILITIES APPLICATION CHECKLIST Special Use Permit Statement: Application Checklist: 1. See attached application form. 2. A site plan, drawn to scale, showing the following: a.- f. See attached Title Sheet,Plat of Survey; Site/Roof Plans, Exterior Elevations, Structural Details and Electrical Details for Custom Engineering (Exhibit 1). 3. Special Use Permit and Operating Statement: a&b. In its pursuit of providing the highest quality digital wireless service, Sprint PCS proposed to construct a wireless communications facility northwest of the Millard West High [ISchool.Football Field located at 5710 South 176th Avenue, Omaha,I NE, within the R4 (Single Family Residential High Density) zoning district. Sprint will constructing a new monopole tower which will provide the proper elevation for Sprint's cellular antennas and football field lighting for Millard West High School. Sprint will be leasing ground space to place the accompanying unstaffed electronic communications equipment. The equipment cabinets will be located on the ground adjacent to the new pole. The leased area on the ground is 50' x 50' enclosed by a locked and secured fense. The proposed antenna mounts will be on a new 150' pole, with a 5' lighting rod atop, for a total height of 155'. c. Sprint PCS's policy is usually to build towers, which allow for co- location and the utilization of its towers by Public Safety. This site as designed will allow collocation and provide for a governmental access easement for public safety purposes. d. See attached letter dated 7-29-99 (Exhibit 2)and the Site/Roof Plans, Exterior Elevations and Structural Details(Exhibit 1). e. See attached Co-location Sublease Agreement (Exhibit 3a) and the Co-location Invitations (Exhibit 3b). 1111 A -3 • 4. Site Analysis: a. See(Map A) showing area of inadequate service. b. See(Map B) showing area coverage with proposed antennae. c. See(Map C)zoning classification map and alternate site. d. The only alternate site near the area that would not require a Special Use Permit is an existing Aliant monopole, which is southwest of the proposed site. Sprint has been attempting to • negotiate a lease with Aliant since May, 1999 with no success. e. The current location for the new facility was determined by computer modeling that evaluates population density, topography, and the current antenna system capacity. After a thorough search of the area the site located at Millard West High School was found to be the most appropriate. Millard West High School is an existing public facility and as indicated in Sections 3 a&b the monopole will also provide football field lighting. See attached Millard Public Schools Letter (Exhibit 4a) and the Tower Site Lease Agreement (Exhibit 4b). f.-g. An Aliant tower is southwest of the proposed site. Sprint has been unsuccessful in acquiring a co-location lease. Additionally, (Map B) demonstrates that the proposed location at Millard West High School would close both a large coverage hole and the marginal coverage areas within the applicant's wireless communication service grid. Sprint's proposed facility will enhance the current uses of the surrounding properties by providing high quality digital wireless coverage for business, family safety and emergency situations. h. See (Exhibit 1) Site/Roof Plans, Exterior Elevations, Structural Details and Electrical Details. i. The proposed facility will not cause harm to the preexisting character of the surrounding buildings and land use. The current land use surrounding the site is R4 to the east, MU to the north, DR to the west and R4 & AG to the south. j. (Map A) demonstrates that there is both poor and a complete coverage hole in the 180th & Q Streets area without a new antennae. • —1st Supplemental Information: 1. See attached list of Sprint PCS digital tower locations(Exhibit 5). 2. See attached FCC approval (Exhibit 6). 7 4 A A Exhibit"B" Page 1 of 1 Condition(s): 1. A revised site plan that shows: a) All improvements within the lease area complying with the setback requirements for the R4 district; b) Proposed lease areas to accommodate any associated ground equipment of the other three (3)providers; and, c) An acceptable landscaping plan. 2. Submission each January of an annual report disclosing the locations of all Sprint monopoles within the City of Omaha zoning jurisdiction. 3. A revised operating statement that includes collocation for three(3) other carriers. 4. Compliance with the revised site plan and operating statement. 5. Submission of a governmental access easement for a public safety and communications network. P:\PLN3\9442sap.doc S• LICENSE AGREEMENT TO CITY OF OMAHA Sprint Spectrum L.P., a Delaware limited partnership("Grantor"),for and in consideration of and as a condition of the granting of a special use permit by the City of Omaha,Nebraska ("Grantee"); grants a nonexclusive license to Grantee,to allow the Grantee access to and use of the Grantor's monopole located upon the property described on Exhibit"A"attached hereto(the "Property"), for Grantee's emergency broadcast system,provided that(a)the monopole has the structural integrity to accommodate Grantee's telecommunications equipment, (b)such equipment will not cause any signal interference with the existing equipment on the monopole, and(c)Grantee's plans are approved by Grantor in advance. The License granted herein to the Grantee shall last only so long as(a)Grantor has the right to operate the communications facility mounted upon the monopole pursuant to a lease with the Owner or Lessor of the Property; (b)Grantor operates the communications facility on the monopole; (c) Grantor has access and utility easements to the Property; (d)the operation of the communications facility is in compliance with applicable federal, state and local laws,regulations and ordinances; and (e)the special use permit granted by Grantee to Grantor to erect and maintain the monopole on the Property and the communications facility thereon shall be in effect. The License shall terminate if, and when,any of the foregoing conditions occur,including, without limitation, (a)Grantee or its successors or assigns shall cease to use the Property as a communications facility or(b)the special use permit expires or is withdrawn or(c) there is signal interference from Grantee's equipment which is not cured within five(5)days of notice thereof from Grantor to Grantee. This instrument contains the entire agreement of the parties and the Grantor, and may not be amended except in writing, signed by both parties. IN WIT SS WHEREOF,Grantor has caused this instrument to be duly executed this I C day of r"l 0y ,2000. SPRINT SPECTRUM,L.P., a Delaware limited partnership Grantor By: . Director of Site Develo THE CITY OF OMAHA,NEBRASKA, A municipal Corporation ATTEST: B ta.."€-t/ Title: nv 47.2.5904-- City lerk d • EXHIBIT"A" Property Description LOT 1, CINNAMON CREEK,LOCATED IN THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP 14 NORTH,RANGE 11,EAST OF THE 8TH PRINCIPAL MERIDIAN,CITY OF OMAHA,DOUGLAS COUNTY,NEBRASKA. w STATE OF 1 111 vipr s ) COUNTY OF (,L;z ) The above and foregoing License Agreement was acknowledged before me this 1 '5' day of ,2000 by JAMES G. MFYERS of Sprint Spectrum,L.P., a DelawarOimited partnership,on behalf of such limited partnership,as Grantor. NW�{VrirEa'vYY'/VIiNMW'I' !/ h' OFFICIAL SEAL CHRYSTINE SEJNAROWICZ NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION rxt-.:_t ;1/1aro3 Notary Publ F. .a yh My Commission Expires: • 1 \ 1a103 STATE OF 71 ) COUNTY OF ) The above and foregoing License Agreement was acknowledged before me this dday of ,2000 by 772 a.tL 1 li c r c5)1a.tg Hof the City of Omaha, Nebraska, a municipal corporation,on behalf of the City of Omaha,as Grantee. .GENERAL NOTARY-State of Nebraska Ill C mm.ExA I.FORD ' > �' My Comm.Exp.Aoq.16,2003 °`� �"— Notary Public My Commission Expires: 8/ /!0/©3 -2A, ' CITY OF OMAHA LEGISLATIVE CHAMBER Omaha Nebr June 27, 2000 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, Section 55-884 of the Omaha Municipal Code,provides for the granting of a Special Use Permit; and, WHEREAS, an application has been submitted by Sprint PCS for a Special Use Permit to allow a Broadcast Tower in an R4-Single Family Residential District(High-Density) with a waiver of Section 55-783(a) Height exceptions to allow a 155 foot high tower located at 5710 South 176th Street, Omaha, Nebraska; and, WHEREAS,the City Planning Board has recommended that said permit be granted pursuant to the application, a copy of which is attached hereto as Exhibit"A" and made a part hereof by this reference, and the conditions set out in Exhibit "B" attached hereto and made a part hereof by this reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the Special Use Permit application submitted by Sprint PCS for permission to allow a Broadcast Tower in an R4-Single Family Residential District (High-Density) with a waiver of Section 55-783(a)Height exceptions to allow a 155 foot high tower, located at 5710 South 176th Street, Omaha, Nebraska, is hereby approved and the Permits and Inspection Division is directed to issue the necessary permit therefor,provided the conditions set out in Exhibit "A" of the above referenced application, conditions set out in Exhibit "B", and all applicable local or state statutes, ordinances or regulations are complied with. BE IT FURTHER RESOLVED: THAT, the proposed Special Use Permit has been reviewed and evaluated pursuant to,and meets each of, the criteria set forth in Section 55-885 of the Omaha Municipal Code. APP VED AS TO FO : 47 /)-S r CITY ATTORNEY DATE P:\PLN3\9443sap.doc By � ti� `. Councilmember Adopted 1.. , 12000 -0 r City erk Approved.... .. Ma, or 1 �.\N 1.-+ -\-kc. Z 5-' r--, ort • c d o hi r j CD C = ' � ' 2. M� a CD K 5 •tc O Uj - -* ONvO LA 0 LA C d`� AS A' 0- b•d CD � i .i...; Oo AD CD 0-0 0 0 J i "'hCDOOOQ N\MS: S \ . .."-V \1-,• W UQ p OCD d CD cr C • °e C `-c °Q P a. CD CD CD .'� CD CD CD ... CD O \-\ #S0s -NOTICE TOP LIC" THE DAILY RECORD "NOTICE OF 11EARINGAWA SPECIAL OF Olt i1V1T A LT A USE PERMIT TO ALLOWZATPROADCAST 1]C It TOWER IN AN RaSINGIF FwMlly RONALD A. HENNINGSEN, Publisher )`y RESIDENTIACDISTRICT IGH- DENSITYWTH:I1 WAIVER OF'SECTION PROOF OF PUBLICATION 55-783(a)1HEIGHTiEXCEPTIONS?TO ` AIa:OW A tosItoOT HIGH • TOWER LOCH"D AT UNITED STATES OF AMERICA, 5710 SOUTH 1 6TH STREET" Applicatidnc.b ',p' t ,4., ILI, sting The State of Nebraska, issuance of a p°cial TiF3.3 District of Nebraska, 89. • •.'ulli&� ' low a broadcast•-tower 1 . 1 i •milt' County of Douglas, Residential "IOistn 7igh-0 n 1. ith a City of Omaha, waiver-t-of* Simon • _� (8 height exceptions, to allow a,155lfoot high tower located at 5710 South 176th0treet, legally JOHN P. EGLSAER described as: ,, . Part of Lot 1,Cinnamon Creek. being duly sworn.deposes and says that he Is A copy of saicf plan-is-available for public inspection in the City Clerk's,Office. Public Hearing will be held before the City ADVERTISING MANAGER Council of the City of Omaha, in the Legislative Chambers,Omaha/Douglas Civic Center, 1819 Fernam Street, on July 11, of THE DAILY RECORD,of Omaha,a legal newspaper,printed and 2000 at 2:00 o'clock P.M. published daily in the English language, having a bona fide paid BUSTER BROWN, circulation in Douglas County in excess of 300 copies, printed in 6-30-00 City Clerk Omaha,in said County of Douglas,for more than fifty-two weeks last past; that the printed notice hereto attached was published in THE DAILY RECORD,of Omaha,on June 30, 2000 That said Newspaper during that time was regularly published and 1 in general;.circulation in the County of Douglas, and State of j Nebra,§I '"A /� Iri tk �,:. C°20`j30 4 - ,.(.J lishers �Y$- Additional Copies t, Su,... ,:, In my presence d sts*o to # t.�`.1r'r° 30th r' '�' 0�30 before me this day of To -' J / 10 EXr;•t � une 21 y Jj....:4./4 y F Zo0'�Q eTF Ott'' Note` bu riot t:..-Comity, State of Nebraska