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PCR2001176RESOLUTION #P.C. 176-2001 AMENDED APPROVAL OF A BUILDING SITE AND OPERATION PLAN FOR A WIRELESS NATIONAL SCHOOL BUS PROPERTY IN THE NE X OF SECTION 2 (W146 S6365 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.002) WHEREAS, Plans were submitted on October 26. 2001 by Milwaukee SMSA Ltd. Partnership communications co-location facility on the property at W146 S6365 Tess Corners Drive (Tax Key representing Cingular Wireless for a Building, Site and Operation Plan for a wireless No. 2165.998.002), and WHEREAS, The facility is proposed to be located on an existing monopole containing two existing wireless arrays, and WHEREAS, Said property is currently zoned 1-1. Industrial Park District, and the existing the 1-1 District, and does not meet the minimum setback required in the District, and monopole is classified as legal, non-conforming as it exceeds the maximum permitted height in WHEREAS, The facility is located within an established View Corridor, and only stealth facilities are allowed within said corridors, and WHEREAS, The petitioner has submitted a letter from a Professional Engineer certifying that the monopole integrity is sufficient to structurally support the proposed array, and WHEREAS, Co-location facilities do not require a public hearing per Section 36.04(4). and property owners within 300-feet have been notified of the proposal, and WHEREAS, Equipment cabinets are proposed to be contained within a structure with residential character, and this does meet the Chapter 36 requirement, and WHEREAS, A landscape plan is required to be submitted, and said submittal has not been received at this time, and WHEREAS, A surety in a form acceptable to the Finance Committee must be approved prior to release of building permits, and WHEREAS, The public interest would be served by enhancing wireless communications and emergency 91 1 capabilities. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and Operation Plan submitted by Milwaukee SMSA Ltd. Partnership representing Cingular Wireless for a wireless communications co-location facility on the property at W146 S6365 Tess Corners Drive (Tax Key No. 2165.998.002). resulting from the review conducted by the petitioner's engineer shall be submitted to the City BE IT FURTHER RESOLVED, That at the request of the City Engineer, the plans and data prior to the release of building permits. BE IT FURTHER RESOLVED, A single structure with residential character shall be constructed to accommodate all existing and proposed equipment cabinets, per ChaDter 36 Wireless Facilities Sitina Ordinance. BE IT FURTHER RESOLVED, That this approval is subject to receipt and approval of a surety by the Finance Committee prior to release of building permits. COMMUNICATIONS CO-LOCATION FOR MILWAUKEE SMSA LTD. PARTNERSHIP ON THE a 0 BE IT FURTHER RESOLVED, That this approval is subject to Plan Commission approval of a brick wall landscape plan prior to release of building permits. I BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects 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 andlor 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 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 Approved: November 6,2001 Denied: Deferred: Introduced: November 6,2001 0 ATEST, Sandi Asti. Recording Secretary