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Resolution relative to determination of Special Use Permit for proposed T-Mobile cellular antenna installation at West Allis Memorial Hospital, located at 8901 W. Lincoln Ave. (Tax Key No. 487-9999-001)
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WHEREAS, Jeff Fowle, d/b/a Bottom Line Telecom (agent for T-Mobile), duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16, 12.23 and 12.37(3) of the Revised Municipal Code to place six (6) antennas at the 101-foot level and to construct three (3) new equipment cabinets on the penthouse level of West Allis Memorial Hospital; and,
WHEREAS, after due notice, a public hearing was held by the Common Council on May 15, 2007, at 7:00 p.m. in the Common Council Chamber to consider the application; and,
WHEREAS, the Common Council, having carefully considered the evidence presented at the public hearing and the following pertinent facts noted:
1. The applicant, Jeff Fowle, d/b/a Bottom Line Telecom has principal offices at 600 W. Virginia St., Ste. 100, Milwaukee, WI 53204.
2. The property more particularly described as follows:
That part of the Northwest ¼ of Section 9, in Township 6 North, Range 21 East, in the City of West Allis, Milwaukee County, Wisconsin, bounded and described as follows, to-wit:
Commencing at a point in the North line of said ¼ Section and 659.22 feet North 88°43' East of the Northwest corner of said ¼ Section; running thence South 0°00'40” East, 55.0 feet to the Place of Beginning; thence running North 88°43' East and parallel with the North line of said ¼ Section, 629.24 feet to a point in the West line of South 88th Street; thence South 0°01'20” East along the West line of South 88th Street, 906.77 feet to a point in the North line of West Arthur Place; thence South 88°47'20” West along the North line of West Arthur Place, 1014.05 feet to a point; thence North and parallel to the West line of said ¼ Section, 52.57 feet to a point; thence South 88°46'58” East, 80.0 feet to a point; thence North and parallel with the center line of South 92nd Street, 273.35 feet to a point, said point being 195.00 feet East of the center line of South 92nd Street; thence south 89°24'34” East, 222.85 feet to a point of curve; thence Northeasterly along a curve having a radius of 160.0 feet to the left, the chord bearing North 64°41'49.5” East, 139.76 feet, the arc being 144.62 feet to a point of tangency; thence North 38°48'13” East 181.39 feet to a point of curve; thence Northeasterly along a curve having a radius of 160.0 feet to the left, the chord bearing North 19°24'6.5” East, 106.31 feet, the arc being 108.36 feet to a point; thence North, 90.0 feet to a point of curve; thence on a curved line to the Northwest having a radius of 215.34 feet to the left, the chord bearing North 12°19'30” West, 91.93 feet, the arc being 92.55 feet to a point of reverse curve; thence Northwesterly on a curved line having a radius of 155.34 feet to the right, the chord bearing North 12°19'30” West, 66.31 feet, the arc being 66.76 feet to a point; thence North, 30.0 feet to the Place of Beginning.
Tax Key Number: 487-9999-001
Said land being located at 8901 W. Lincoln Ave.
3. The applicant is proposing to place six (6) antennas at the 101-foot level and to construct new equipments cabinets on the penthouse level of West Allis Memorial Hospital. New landscaping will be provided around the perimeter of the fenced compound. The cabinets will be fully screened by the penthouse and the antennas will be painted to match the penthouse and not be placed above the highest level of the penthouse.
4. The Property is zoned RC-1 Residential District under the Zoning Ordinance, which permits collocation/attachment of telecommunication equipment as a special use, pursuant to Section 12.16, 12.23 and Section 12.37 (3) of the Revised Municipal Code.
5. The Property is located on the south side of W. Lincoln Ave., bordered by S. 88 St. to the east and W. Arthur Pl. to the south. Properties to the north, south, east and west are zoned residential.
6. The use, value and enjoyment of other property in the surrounding area for permitted uses will not be substantially impaired or diminished by the establishment, maintenance or operation of the special use.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of West Allis that the application of the Jeff Fowle, d/b/a Bottom Line Telecom, duly filed with the City Administrative Officer, Clerk/Treasurer an application for a Special Use Permit, pursuant to Sec. 12.16, 12.23 and 12.37 (3) of the Revised Municipal Code to place six (6) antennas at the 101-foot level and to construct six (6) new equipment cabinets on the penthouse level of West Allis Memorial Hospital, be, and is hereby granted on the following grounds:
That the establishment, maintenance and operation of the proposed use, with the imposition of certain conditions hereinafter set forth, reasonably satisfies the standards set forth in Sec. 12.16 of the Revised Municipal Code, so as to permit the issuance of a Special Use Permit as therein provided.
BE IT FURTHER RESOLVED that said Special Use Permit is granted subject to the following conditions:
1. Site, Landscaping and Architectural . The grant of this Special Use Permit is subject to and conditioned upon the site, landscaping, screening and architectural plan submitted to and approved by the West Allis Plan Commission on April 25, 2007 as provided in Sec. 12.13 of the Revised Municipal Code of the City of West Allis. No alteration or modification of the approved plan shall be permitted without approval by the West Allis Plan Commission.
2. Building Plans and Fire Codes. The grant of this special use is subject to building plans being submitted to and approved by the Department of Building Inspection and Zoning and by the Fire Department.
3. Equipment Removal. Telecommunication equipment shall be removed from the property if the equipment becomes unusable, outdated, or if the lease expires.
4. Access. The City of West Allis may request access to the lease area for the purpose of attaching communication equipment. The City shall provide a detailed description to T-Mobile of all equipment proposed for installation. T-Moble shall determine the impact of such equipment upon the integrity of the building.
T-Mobile shall provide the City with a written response to the City's request either allowing the request or providing an explanation for rejecting the request.
5. Expiration of Special Use Permit. Any special use approved by the Common Council shall lapse and become null and void one (1) year from and after that approval if the use has not commenced, construction is not underway, or the owner has not obtained a valid building permit. An extension of these time limitations may be granted without a public hearing by the Common Council by resolution reauthorizing the special use in accordance with the following criteria:
A. The applicant requesting the extension shall complete a planning application available from the Department of Development and shall submit a $250.00 extension fee.
B. A written explanation for the extension of time shall accompany the planning application along with a timeline/schedule for obtaining necessary permits, zoning, state and municipal approvals and a target date for construction start;
C. The request for extension shall be submitted within sixty (60) days of the expiration of the special use permit;
D. The extension, if granted, shall be valid for a period of six (6) months. If no building permit has been issued and construction has not commenced within six (6) months from and after the extension has been granted, the special use shall become null and void.
6. Miscellaneous.
A. Applicant is advised that the foregoing conditions are reasonably necessary to protect the public interest and to secure compliance with the standards and requirements specified in Sec. 12.16 of the Revised Municipal Code; that the issuance of the special use is expressly subject to compliance with said conditions.
B. The use, as granted herein, is subject to applicant's compliance with all other state and local laws and regulations which may be applicable to the proposed use of the real estate in question.
C. The special use, as granted herein, shall run with the land and benefit and restrict all future owners and occupants of the property, unless the use shall lapse or be terminated and the use will not be altered or extended (including structural alterations and/or additions) without the approval of the Common Council, following public hearing, all as provided in Sec. 12.16 of the Revised Municipal Code.
Mailed to applicant on the
day of _________, 2007
_________________________
Assistant City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning & Zoning
ZON-R-615\dlm\5-15-07