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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 Page 2