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PCR2004096AMENDED RESOLUTION #P.C. 096-2004 APPROVAL OF A BUILDING SITE AND OPERATION PLAN AMENDMENT FOR A WIRELESS COMMUNICATIONS CO-LOCATION FOR CINGULAR WIRELESS 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, On September 16, 2003 a Building Site and Operation Plan amendment for T-Mobile was approved in Resolution #PC 118-2003 to occupy the wireless co-location point approved for Cingular Wireless, and WHEREAS, Plans were received by Cingular Wireless to occupy a portion of the wireless co- location point approved for T-Mobile, and WHEREAS, Antennas and a facility are proposed to be located on an existing monopole containing two existing wireless arrays and the land surrounding, 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 the details and narrative show that the structure will be of the same materials of the existing Verizon structure consisting of aggregate siding, and WHEREAS, A 100 watt high pressure sodium light is included above the doorway of the utility shelter, and WHEREAS, No landscape plan is part of the plan due to lack of leased space from the property owner, however one may be required, and WHEREAS, A solid screen fence detail, matching existing fences, is included in the submittal that will also incorporate privacy slats within it, 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 Cingular Wireless 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, The City’s 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 a landscape plan for the areas in front of the fenced leased areas along the College Avenue and Tess Corners Drive rights-of-way must be approved by the City Forester and Planning Director 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 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. BE IT FURTHER RESOLVED, That all the existing privacy slats in the fence be fixed to match the new slats. BE IT FURTHER RESOLVED, That existing fencing be fixed to match the new fencing before the issuance of building permits. Plan Commission City of Muskego Approved: September 7, 2004 Denied: Deferred: Introduced: September 7, 2004 ATTEST: Sandi Asti, Recording Secretary