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PCR2003118RESOLUTION #P.C. 118-2003 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR A WIRELESS COMMUNICATIONS CO-LOCATION FOR T-MOBILE ON THE NATIONAL SCHOOL BUS PROPERTY IN THE NE ¼ OF SECTION 2 (W146 S6365 TESS CORNERS DRIVE / TAX KEY NO. 2165.998.002) WHEREAS, On November 6, 2001 the Plan Commission approved Resolution #PC 176-2001, approval of a Building Site and Operation Plan amendment for 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), and WHEREAS, On November 19, 2002 a Building Site and Operation Plan amendment for Telecorp was approved in Resolution #PC 140-2002 to occupy the wireless co-location point approved for Cingular Wireless, and WHEREAS, Plans were received by T-Mobile to occupy the wireless co-location point approved for Cingular Wireless, 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 I-1, Industrial Park District, and the existing monopole is classified as legal, non-conforming as it exceeds the maximum permitted height in the I-1 District, and does not meet the minimum setback required in the District, and 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 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 that illustrates the screening of the lease areas and equipment to mitigate sight lines from the public right-of-way, and said submittal is not to the City Forester’s satisfaction, and WHEREAS, A surety in a form acceptable to the Finance Committee is required, and said surety has not been received at this time, and WHEREAS, The public interest would be served by enhancing wireless communications and emergency 911 capabilities. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and Operation Plan amendment submitted by T-Mobile for a wireless communications co-location facility on the property at W146 S6365 Tess Corners Drive (Tax Key No. 2165.998.002). BE IT FURTHER RESOLVED, That the written approval for T-Mobile to occupy the wireless co- location point approved for Cingular Wireless has been received from Milwaukee SMSA Ltd. Partnership representing Cingular Wireless and is on file in the Planning Department. BE IT FURTHER RESOLVED, The City’s consulting engineer must approve the structural analysis that the monopole integrity is sufficient to structurally support the proposed array prior to the release of building permits. 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. BE IT FURTHER RESOLVED, That the landscape plan shall be approved by the Plan Commission prior to the release of building permits. BE IT FURTHER RESOLVED, That design detail for equipment shelter be approved by the Plan Commission with the addition of a lighting fixture outlined in the Tess Corners Design Guide. 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 and/or 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: September 16, 2003 Denied: Deferred: Introduced: September 16, 2003 ATTEST: Sandi Asti, Recording Secretary