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PCR1999138RESOLUTION #P.C. 138-99 APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN FOR A 100 FOOT TALL MONOPOLE TELECOMhRJNCATIONS TOWER FOR THE MILWAUKEE SMSA LIMITED PARTNERSHIP AT THE MWMARINE PROPERTY LOCATED AT S63 W 1395 1 WEST COLLEGE AVENUE (TAX KEY NO. 2162.999) WHEREAS, Plans were submitted on October 8, 1999 by the Milwaukee SMSA Limited Partnership for a conditional use grant and building, site and operation plan for 100 foot tall monopole telecommunications tower at the MW Marine property located at S63 W13951 West College Avenue (Tax Key No. 2162.999), and WHEREAS, Said property is currently zoned 1-1, Industrial Park District, and requires rezoning to include the OIP, Institutional and Public Service Overlay District, and said use is a permitted use by Conditional Use Grant in the OIP District, and WHEREAS, The subject property is subject to the provisions of the 2010 Arterial Highway System Map, which illustrates the extension of Sunnyslope Road along the parcel boundary, and which requires setbacks to be measures from the ultimate right-of-way line, and the site plan as presented does not accommodate this right-of-way. WHEREAS, A statement is required to be provided to the City indicating that the FCC 0 emissions guidelines are complied with, and no information has been provided to the City, and WHEREAS, FAA approval indication is required, and the petitioner requests that said approval be a condition of Plan Commission approval, and WHEREAS, Department of Commerce and WisDOT approval indication are required, and no information regarding said approvals has been provided to the City, and WHEREAS, A structural analysis is required to indicate the capacity for co-location of the proposed structure, and no information has been provided to the City, and WHEREAS, A structural analysis is required to indicate that structures located within one (I) kilometer are not viable alternatives to the proposed structure and cannot be structurally altered to permit co-location of additional facilities, and said information has been provided to the City, and WHEREAS, The public interest would be served by enhancing wireless communications and emergency 91 1 capabilities, and WHEREAS, The City of Muskego retains Evans and Associates, lnc. as consultants in its review of all wireless communications facility reviews, and the report of Evans and Associates, Inc. has not been received and reviewed by the Plan Commission, and 0 WHEREAS, The Business Site and Operations @SO) Plan for the proposed 100 foot 0 communications tower would provide space for multiple locators, but the maximum number of co-locators not indicated, and THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building, Site and Operation Plan submitted October 8, 1999 by the Milwaukee SMSA Limited Partnership for 100 foot tall monopole telecommunications tower at :the MW Marine property located at S63 W13951 West College Avenue (Tax Key No. 2162.999) BE IT FURTHER RESOLVED, That this approval is subject to satisfactory review and recommendation of approval by the City’s consultant Evans and Associates. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspect of this plan as they relate to landscape areas and drainage shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That if occupancy is requested prior to the completion of landscaping andor asphalting, a bond, letter of credit or cashiers check equal to twice the value of said costs must be submitted to the Planning Department. BE IT FURTHER RESOLVED. That failure to comolv with the aooroval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, .I .. or both. THEREFORE BE IT FURTHER RESOLVED, That any new Building Site and Operation Plans submitted for additional colocators would need to appear before the Plan Commission. Plan Commission City of Muskego Approved Deferred 11-16-99 01-04-00 01-18-00 02-01-00 02-1 5-00 03-07-00 03-21-00 04-04-00 04-1 8-00 05-02-00 05-16-00 06-06-00 06-20-00 07-18-00 08-01-00 08-15-00 11-16-99 09-05-00 Page 2