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PCR2000036AMENDED RECOMMENDATION TO COMMON COUNCIL TO ESTABLISH A MORATORIUM ON WIRELESS COMMUNICATIONS FACILITIES PENDING THE REVISION OF SITING GUIDELINES AND MUNICIPAL ZONING ORDINANCES RESOLUTION #P.C. 036-2000 WHEREAS, In March 1997 the Plan Commission adopted a special purpose planning report prepared by Ralph Evans and Associates entitled, General Guidelines for PCS Siting by Resolution #PC 37-97, and WHEREAS, Said guidelines provided specific direction to the City and wireless communications providers with regards to three specific facility locations, and provided more general direction to the City and wireless communications providers for evaluating other proposals, and WHEREAS, The City of Muskego Zoning Ordinance permits communications towers in the OIP - Institutional and Public Services Overlay District as a Conditional Use, and WHEREAS, The Plan Commission recognizes that such standards and ordinances are intended to implement the rights of the telecommunications industry as determined by the Telecommunications Act of 1996, and WHEREAS, The Plan Commission recognizes that such standards and ordinances are intended to preserve the health, safety, welfare, and morals of the citizens of Muskego, as permitted by the Telecommunications Act of 1996, and WHEREAS, The Plan Commission recognizes that the wireless communications are a dynamic technology, and the standards applied in 1997 may not adequately reflect the current needs of the wireless communications industry or the needs of the City of Muskego residents. and WHEREAS, The City of Muskego Zoning Ordinance provides no specific standards for development of wireless communications facilities, and WHEREAS, The City of Muskego Land Use Plan for the Year 2005 does not provide specific siting recommendations for wireless communications facilities. THEREFORE BE IT RESOLVED, The Plan Commission finds that the Siting Standards adopted by Resolution #PC 37-97 are in need of immediate revision to reflect current industry standards and trends. BE IT FURTHER RESOLVED, The Plan Commission finds that the Zoning Ordinance is in need of immediate revision to reflect current industry standards and trends. BE IT FURTHER RESOLVED, The Plan Commission finds that the adopted 2005 Comprehensive Plan is in need of immediate revision to reflect current industry standards and trends, and BE IT FURTHER RESOLVED, the FCC’s State and Local Government Advisory Committee and three trade organizations representing the wireless communications industry have entered into a “Moratoria Agreement” setting forth guidelines for the enactment of wireless communications moratoria by local governments, and. BE IT FURTHER RESOLVED, That the Plan Commission does hereby recommend that the Common Council establish a six (6) month moratorium on new wireless communications facilities. BE IT FURTHER RESOLVED, The Plan Commission does hereby recommend that the Common Council complete the task of revisions Siting Standards, Ordinances, and Comprehensive Plans within the six (6) month moratorium period in order to remain in compliance with the “Memorandum of Agreement.” BE IT FURTHER RESOLVED, The Plan Commission does hereby recommend that any such moratorium provide exemptions for the following applicants and projects: 1 Sprint PCS petition, represented by WTI (fka Walter Group) for a site in the vicinity of Muskego Dam Road and STH 36, relating specifically to Resolution #PC 113-99 and its related applications. Such exemption shall include any alternate site which may be accepted by the Plan Commission. 2. Ameritech petition, represented by Foley & Lardner, for a site in the vicinity of College Avenue and Tess Corners Drive, relating specifically to Resolution #PC 138-99 and its related applications. Such exemption shall include any alternate site which may be accepted by the Plan Commission. 3. Ameritech petition, represented by Foley & Lardner, for a site on Crowbar Road, as approved in 1999 but not yet constructed. 4. Co-location on any approved facility. BE IT FURTHER RESOLVED, That the City will continue to accept applications, but will not act upon them until a new ordinance is created and the moratorium is lifted. Plan Commission City of Muskego Adopted: 02-1 5-00 Defeated: Deferred: e Introduced: Februatv 15. 2000 Al7EST. n. &&. ’Sandi Asti. Recording Secretary Page 2