PCR2002081AMENDED
APPROVAL OF CONDITIONAL USE GRANT AND BUILDING SITE AND OPERATION PLAN
FOR A 150 FOOT TALL MONOPOLE WIRELESS COMMUNICATIONS TOWER FOR US
CELLULAR AT PART OF THE CITY OF MUSKEG0 PROPERTY LOCATED ON RACINE
AVENUE (A PART OF TAX KEY NO. 2221.993)
RESOLUTION #P.C. 081-20028 I
WHEREAS, Plans were submitted on May 24, 2002 and revised on July 2, 2002 by the US I
Cellular for a Conditional Use Grant and Building, Site and Operation Plan for 150 foot tall
monopole telecommunications tower at part of the property located at W182 S8200 Racine
Avenue (A Party of Tax Key No. 2221.993), and
WHEREAS, Said Plans call for the removal of an existing, legal non-conforming 199 foot tall
lattice wireless communications facility, and
WHEREAS, On May 8,2002 the Common Council's Finance Committee recommended lhal the
City proceed with the concept to removing the lattice tower, and leasing a part of the property to
US Cellular for Ihe construction of a monopole wireless communications facility, and
WHEREAS, A structural analysis has been provided which indicates that other existing
structures are not viable alternatives to the proposed structure and cannot be structurally
altered to permit co-location of additional facilities, and
WHEREAS, Petitioner has submitted site plans indicating the proposed tower location in
relation to lot lines, and indicating proposed access, and
WHEREAS, Access will utilize an Police Department driveway access point without
0 modifications. and
WHEREAS, The Plan removes six parkinq stalls from the east side of the Police Department
and installs 10 new parking stalls on'the n&h side of the Police Department. and
WHEREAS, A structural analysis is required to indicate the capacity for co-location of the
proposed structure, and the City's Wireless Communications Facilities Ordinance requires the
design to accommodate the co-location of at least two additional service providers, and the
Business Site and Operations (BSO) Plan for the proposed 150 foot communications tower
would provide space for two (2) locators in addition to the City of Muskego, 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 (he City, and
WHEREAS, FAA, and 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
emergency 91 1 capabilities, and
WHEREAS, The BSO Plan conforms to the bulk regulations of the Zoning Ordinance, and
WHEREAS, The BSO Plan conforms to Ihe bulk requirements of the Wireless Communications
Facilities Ordinance with the exception of lhe 600 foot View Corridor established for Racine
Avenue, and Chapter 36 exempts facilities used for emergency communications by public
officials
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Conditional Use
Grant and Building, Site and Operation Plan submitted May 24, 2002 and revised on July 2,
2002 by US Cellular for a 150 foot tall monopole telecommunications tower at part of the City of 'a Muskego property located on Racine Avenue (A Part of Tax Key No. 2221.993).
BE IT FUTHER RESOLVED, That this approval is subject to petitioner's negotiation of a lease
with the City of Muskego. and failure to receive such zoning shall make this approval null and
void.
BE IT FURTHER RESOLVED, That notifications prior to requesting any building permits for any
site improvement, petitioner shall provide copies of all FAA, FCC, and Department of
Commerce approvals as may be required.
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 I or City Engineer, which demonstrate
that the monopole tower and equipment shelter can accommodate at least two 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 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 iniliation of legal action, or
both.
BE IT FURTHER RESOLVED, That any new Building Site and Operation Plans submitted for:
additional colocators would need to appear before the Plan Commission.
BE IT FURTHER RESOLVED, If petitioner does not commence construction activity or
otherwise begin operation pursuant to this Conditional Use grant within 24 months of the date of
approval the Conditional Use Grant shall expire and this approval shall be null and void.
BE IT FURTHER RESOLVED, Where uses authorized by this Conditional Use Grant are
discontinued for a period of twelve (12) consecutive months or are discontinued for eighteen
(18) cumulative months in any three (3) year period, the Conditional Use Grant shall expire and
this approval shall be null and void.
Approved: July 2, 2002
Denied
Deferred:
Introduced: July 2, 2002
ATTEST- Sandi Asti, Recording Secretary &&A d L2Q-h
Plan Commission
City of Muskego
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