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Resolution relative to determination of Special Use Permit for the placement of antenna and associated equipment on the building located at 9719 W. Greenfield Ave.
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WHEREAS, Ronald Zechel (agent representing Verizon Wireless), duly filed with the City Clerk an application for a Special Use Permit, pursuant to Sec. 12.16, 12.23 and 12.41(2) of the Revised Municipal Code to collocate three antenna on the rooftop of the west building and install a lightweight equipment shed on top of the east building. No ground mounted equipment will be installed.
WHEREAS, after due notice, a public hearing was held by the Common Council on September 2, 2014, 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, Ronald Zechel (agent representing Verizon Wireless), has offices at 544 E. Ogden Ave, Ste. 700, Room #305, Milwaukee, WI 53202.
2. The applicant is proposing to install three (3) new antennas on the west side of the roof at the building located at 9719 W. Greenfield Ave. in the City of West Allis, WI, Milwaukee County, more particularly described as follows:
All the land of the owner being located in the Northeast ¼ of Section 5, Township 6 North, Range 21 East, City of West Allis, Milwaukee County, State of Wisconsin, described as follows:
West 18.46 feet of Lot 7, Lots 8 and 9, all in Block 2 of the Mount Tanner Subdivision, including adjacent vacated South 98th Street.
Tax Key No. 450-0131-002
Said land being located at 9719-33 W. Greenfield Ave.
3. The applicant will install the new antennas onto mounting sleds, and those antennas will be serviced by associated equipment to be located on the east side of the roof.
4. The Property is zoned C-2 Neighborhood Commercial 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 12.42(2) of the Revised Municipal Code.
5. The Property is located on the south side of W. Greenfield Ave. and north of W. Orchard Place, bordered by I-894 on the west and private property to the east. Properties to the north and east are zoned and developed for commercial uses. Property to the south is zoned for residential use and developed as multi-family residential and a religious institution; and, property to the west is zoned for residential uses and developed as Interstate.
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 Ronald Zechel (agent representing Verizon Wireless), to collocate 3 new antenna and install associated equipment on the roof of the building located at 9719 W. Greenfield Ave., 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 West Allis Plan Commission approved the site and landscaping plan on August 27, 2014 as provided in Sec. 12.13 of the Revised Municipal Code of the City of West Allis. The Plan Commission recognizes State Statute 66.0404(3) relative to mobile tower siting/collocation regulations. No site alteration or modification of the approved plan shall be permitted without approval by the West Allis Plan Commission.
2. Permits. In accordance with the grant of this special use is subject to local permits. Building plans and permits being submitted to and approved by the Department of Building Inspections and Neighborhood Services.
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 Ronald Zechel (agent representing Verizon Wireless), of all equipment proposed for installation. Verizon Wireless shall determine the impact of such equipment upon the integrity of the building. Verizon Wireless 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. Pagers, Intercoms. The use of outdoor pagers, intercoms, or loud speakers shall not be permitted on site.
6. Litter. Employees shall inspect the site and immediate vicinity and pick up litter on a daily basis. Refuse, recyclables, and other waste materials will be fully enclosed within an approved structure and/or compactor.
7. Marketing Displays. The use of pennants, special lighting, flags, streamers or other signage typically temporary in nature, hanging, floating or attached to a structure or vehicle shall not be permitted.
8. Sidewalk Repair. The grant of this special use is subject to compliance with Policy No. 2806 of the Revised Municipal Code relative to the City's sidewalk improvement policy as it relates to damaged, abutting sidewalk.
9. Lighting. All outdoor lighting fixtures shall be shielded in such a manner that no light splays from the property boundaries.
10. 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.
11. Miscellaneous.
A. Applicants are 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 applicants' 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.
12. Lapse. If the applicant does not meet all of the terms and conditions set forth in this grant of a special use within one year of the granting thereof, then the Special Use Permit shall lapse and become null and void and the applicant shall forfeit any right to use the property as conferred by the Special Use Permit. The failure of the applicant to meet the terms and conditions of the Special Use Permit shall subject the permit to being declared void by the Common Council after notice to the applicant and a hearing before the Safety and Development Committee. Upon a finding and recommendation by the Committee to the Common Council on the matter, the applicant and/or any interested person may make comments regarding the matter to the Common Council prior to the Common Council's next regular meeting following the recommendation. Upon the Common Council's finding that the Special Use Permit has lapsed and become void, the applicant shall cease all operations at the property.
13. Termination of Special Use. If the person or entity granted the special use violates, allows or suffers the violation of the ordinances of the City of West Allis, the State of Wisconsin or the United States on the premises covered by the special use, the special use may be terminated.
14. Acknowledgement. That the applicant signs an acknowledgment that he has received these terms and conditions and will abide by them.
The undersigned applicant agrees to the terms and conditions and has agreed that the grant of the Special Use Permit is conditioned on meeting the terms and conditions of this resolution.
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Ronald Zechel, (agent representing Verizon Wireless)
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Probucolls Assoc of Milwaukee, property owner
Mailed to applicant on the
_____day of______, 2014
_____________________
City Clerk
cc: Dept. of Development
Dept. of Building Inspections and Zoning
Div. of Planning and Zoning
ZON-R-964-9-2-14-bjb