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PCR2000141AMENDED AND ADOPTED RESOLUTION #P.C. 141a-2000 APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION MUSKEGO WATER TOWER FOR VOICESTREAM WIRELESS, INC. AT W189 S8325 MERCURY DRIVE (TAX KEY NO. 2225.999.001) WHEREAS, Plans were submitted on July 7, 2000 by VoiceStream Wireless, Inc. for a conditional use grant and building, site and operation plan to co-located a wireless facility on the existing City of Muskego water tower on the property located at W189 S8325 Mercury Drive (Tax Key No. 2225.999.001), and WHEREAS, Site plans indicate that the proposed equipment shelter will accommodate up to to five users, will be constructed from brick to match the existing, and will have a gabled roof, and WHEREAS, A structural analysis is required to indicate the capacity for co-location of the proposed structure, and WHEREAS, The property is currently zoned I-l/OlP, Industrial Park District as modified by the Institutional and Public Service Overlay, and this proposal is permitted by PLAN FOR CO-LOCATION OF A WIRELESS PROVIDER ON THE CITY OF a Conditional Use, 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 approval may be required, and Wisconsin Department of Commerce approvals are required and no information has been provided to the City, and WHEREAS, the public interest would be served by enhancing wireless communications, and THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use Grant and Building, Site and Operation Plan submitted July 7, 2000 by the VoiceStream Wireless, Inc. to co-located a wireless facility on the existing City of Muskego water tower on the property located at W189 S8325 Mercury Drive. BE IT FURTHER RESOLVED, That prior to building permit issuance, petitioner shall provide a structural analysis to the City indicating the capacity for co-location of the proposed structure. BE IT FURTHER RESOLVED, That prior to building permit issuance for any site improvement, petitioner shall provide copies of all FCC approvals, FAA approval or 0 evidence that such approval is not necessary, and Department of Commerce approvals. 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 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. Plan Commission City of Muskego Reconsidered August 1,2000 Approved July 18,2000, August 1,2000 Denied Deferred Introduced: July 18, 2000 0 ATfEST. Sandi Asti, Recording Secretary jdWu!-4 L”.