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PCR2000051RESOLUTION #P.C. 051-2000 APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN FOR A 190 FOOT TALL MONOPOLE TELECOMMUNICATIONS TOWER FOR THE SPRINT, REPRESENTED BY WTI, INC. AT PART OF THE ADDIS PROPERTY LOCATED ON LOOMIS ROAD (TAX KEY NO. 2295.996) e WHEREAS, Plans were submitted on August 6, 1999 by the WTI (f.k.a. The Walter Group) for a conditional use grant and building, site and operation plan for 190 foot tall monopole telecommunications tower at part of the property located at S107 W18877 Muskego Dam Road (Tax Key No. 2291.997). and WHEREAS, A structural analysis is required to indicate that structures located within one (1) kilometer are not viable alternatives to the proposed structure and cannot be structurally altered to permit co-location of additional facilities, and the City's telecommunications consultants have documented that no existing structures are available to allow for colocation of this facility, and WHEREAS, Upon review the Plan Commission requested petitioner to evaluate other sites within their search ring, generally being west of the Superior Emerald Park landfill and east of Loomis Road, and WHEREAS, On March 7, 2000 petitioner informed the Plan Commission that an alternate site had been secured, said site being the Addis property, identified as tax key number 2295.996, and on March 13, 2000 petitioner submitted plans for said site, and 0" WHEREAS, Petitioner has submitted site plans indicating the proposed tower location In relatlon to lot lines, and indicating proposed access, and WHEREAS, Access will utilize an existing field access point without modifications, and WHEREAS, Site plans indicate that the proposed equipment shelter will be screened from view by existing tree cover, and WHEREAS, A structural analysis is required to indicate the capacity for co-location of the proposed structure, and the City's telecommunications consultants have recommended that the towefs design accommodate the colocation of at least four additional service providers, and WHEREAS, A statement is required to be provided to the City indicating that the FCC emissions guidelines are complied with, and no information has been provided to the City, and WHEREAS, FAA, DILHR. and WisDOT approval indication are required, and no information has been provided to the City, and WHEREAS, the public interest would be served by enhancing wireless communications and emergency 911 capabilities, and e WHEREAS, the Business Site and Operations (BSO) Plan for the proposed 190 foot communications tower would provide space for five (5) locators, and WHEREAS, Said BSO Plan does not conform to the bulk regulations of the zoning Resolution #PC 051-2000 code, but the applicant has petitioned for conceptual review of a rezoning request to grant OIP Institutional and Public Service Overlay zoning. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building, Site and Operation Plan submitted March 13, 2000 by the VVTl Inc. (f.k.a. The Walter Group) for 190 foot tall monopole telecommunications tower at part of the Addis property located on Loomis Drive (Tax Key No. 2295.996). ! BE IT FUTHER RESOLVED, That this approval is subject to petitioner's application for, and Common Council's grant of, OIP Institutional and Public Service Overlay zoning, and failure to receive such zoning shall make this approval null and void. BE IT FURTHER RESOLVED, That prior to requesting any building permits for any site improvement, petitioner shall submit evidence of a recorded easement surrounding the tower of a radius equivalent to 40% of the tower height, for hardware, paint, and ice fall. BE IT FURTHER RESOLVED, That notifications prior to requesting any building permits for any site improvement, petitioner shall provide copies of all FAA, DlLHR / Department of Commerce, and WisDOT BE IT FURTHER RESOLVED, That prior to requesting any building permits for any site improvement, petitioner shall provide copies of the tower's structural analysis to the City, for review by the City's telecommunications consultants and / or City Engineer, which demonstrate that the monopole tower and equipment shelter can accommodate at least four (4) additional colocators. 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 othewise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, 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 03-21-00 Denied Deferred Introduced March 21. 2000 Page 2