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HomeMy WebLinkAboutG52-06 Ordinance No. G52-06 AN ORDINANCE AMENDING A CONDITIONAL USE FOR A COMMERCIAL ANTENNA TOWER (750 Summit Street) WHEREAS, written application has been made for a conditional use for a commercial antenna tower for property located within the CF Community Facility District at 750 Summit Street; and WHEREAS,the Zoning and Subdivision Hearing Board conducted a public hearing after due notice by publication and has submitted its findings of fact; and WHEREAS, the City Council of the City of Elgin has considered the findings and recommendation of the Zoning and Subdivision Hearing Board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That the City Council of the City of Elgin hereby adopts the Findings of Facts dated May 17, 2006, made by the Zoning and Subdivision Hearing Board, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That Ordinance Number G68-01 granting a conditional use for a commercial antenna tower located at 750 Summit Street and legally described as follows: PARCEL ONE: PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF GRAND AVENUE, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS,AT A POINT WHERE SAID LINE INTERSECTS THE WEST LINE OF SAID SECTION 7, SAID POINT BEING AT THE SOUTHWEST CORNER OF LOT 8 IN BLOCK 5 OF HIGHLAND PARK ADDITION TO ELGIN, KANE COUNTY,ILLINOIS,THENCE EAST ON THE NORTHERLY LINE OF GRAND AVENUE EXTENDED 604 FEET, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 7, 1195 FEET, THENCE EASTERLY TO A POINT ON THE WEST LINE OF SAID SECTION N7 WHICH IS 1175 FEET 6 INCHES NORTH OF THE PLACE OF BEGINNING,THENCE SOUTH ON THE SECTION LINE TO THE PLACE OF BEGINNING, ALL IN COOK COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 750 SUMMIT STREET). be and is hereby amended subject to the following conditions: 1. Substantial conformance with the Conditional Use Application, prepared by the United States Cellular Operating Company of Chicago, LLC doing business as U.S. Cellular,dated March 29, 2006. 2. Substantial conformance with the Site Plan and Development Plans prepared for U.S. Cellular, by W-T Communication Group, dated January 20, 2006. 3. The commercial antenna tower shall be located a minimum of 135 feet from any other zoning district. 4. The owner(s)of the telecommunications tower shall allow other parties of interest to co-locate on the tower. This condition shall not limit the owner from charging applicable lease fees. Leasing fees shall be consistent with other leasing fees in the market area. If another building is required on the site in order for another party to co-locate on the tower, then an amendment to the conditional use will be required. 5. The approval of the commercial antenna tower is subject to the applicant entering into a lease agreement with the City of Elgin. 6. Compliance with all other applicable codes and ordinances. Section 2. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 3. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. d Schoc , Mayor Presented: June 28, 2006 Passed: June 28, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Recorded: June 29, 2006 Published: Attest: r•CV.6"-%-%‘__4 . Dolonna Mecum, City Clerk r r May 17, 2006 FINDINGS OF FACT Zoning and Subdivision Hearing Board City of Elgin,Illinois SUBJECT Consideration of Petition 23-06 Requesting a Conditional Use for a Planned Development, and an Amendment to Ordinance Number G68-01, to Expand an Accessory Structure Within the CF Community Facility District and the ARC Arterial Road Corridor Overlay District;Property Located at 750 Summit Street by the United States Cellular Operating Company of Chicago, LLC doing business as U.S. Cellular, as Applicant, and the City of Elgin, as Owner. BACKGROUND Requested Action: Conditional Use Approval Current Zoning: CF Community Facility District and ARC Arterial Road Corridor District Existing Use: Park and Commercial Antenna Tower Property Location: 750 Summit Street Applicant: United States Cellular Operating Company of Chicago d.b.a.U.S. Cellular Owner: City of Elgin • Staff Coordinator: Sarosh Saher,Urban Design&Preservation Specialist LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photo (see attached) E. Environmental Map (see attached) Findings of Fact Zoning and Subdivision Board Petition 23-06 May 17, 2006 F. Site Photos (see attached) G. Site Plans and Elevations (see attached) H. Draft Conditional Use Ordinance (see attached) I. Public Response Forms (see attached) J. Standards for Conditional Uses (see attached) BACKGROUND An application has been filed by the United States Cellular Operating Company of Chicago, LLC doing business as U.S.Cellular,requesting a conditional use for a planned development.The subject property is located at 750 Summit Street (see exhibits A, B, C, D, E, and F). The applicant is proposing to expand the existing 18'x26.5' mechanical unit shelter located at the base of the existing commercial antenna tower with a new 20'x16' shelter. The design,dimensions and exterior materials of the addition will match that of the existing building and the addition will be ow screened with landscaping. The proposed construction is located within an arterial road corridor overlay district requiring a public hearing and City Council approval (see exhibits G, H, I,and J). GENERAL FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 23-06 on May 17, 2006. The applicant testified at the public hearing and presented documentary evidence in support of the application. Public testimony was presented at the public hearing. Written correspondence has been submitted. The Community Development Group submitted a Conditional Use Review, dated April 14, 2006. The Zoning and Subdivision Hearing Board has made the following general findings. A. Site Characteristics Standard. The suitability of the subject property for the intended zoning district with respect to its size, shape, significant natural features (including topography,watercourse and vegetation), and existing improvements. • Findings. The subject property is suitable for the intended zoning district with respect to the site characteristics standard. The subject property is a regularly shaped parcel containing 8.5 acres of lot area. The site is currently developed with baseball fields and various accessory structures,including multiple light standards of various heights. The existing commercial antenna tower is located towards the center of the park and is taller than any of the existing lights or poles. • 2 Findings of Fact Zoning and Subdivision Board Petition 23-06 May 17, 2006 • r B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and stormwater control services. The existing commercial antenna tower and mechanical unit shelter will require no additional water or sewer connections. C. Traffic and Parking Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the provision of safe and efficient on-site and off-site vehicular circulation designed to minimize traffic congestion. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the traffic and parking standard. The subject property is located at the northwest corner of Summit Street and Hiawatha Avenue. Summit Street is an arterial street serving Elgin's east side. Hiawatha Avenue is a local street which also serves the east side of Elgin. The existing commercial antenna tower site is un-staffed,but will be visited by maintenance personnel approximately one or two times per month. Access for the facility is provided by an existing gravel drive servicing the park. The tower has minimal impact on existing traffic flow and off street parking requirements. D. Zoning History Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was zoned as follows for the years listed: 1927 Out 1950 Out 1962 Open Space 1992 Open Space 2001: CF Community Facility District and ARC Arterial Road Corridor Overlay District 3 Findings of Fact Zoning and Subdivision Board Petition 23-06 May 17, 2006 E. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to consistency and compatibility with surrounding land use and zoning. The area to the north of the subject property is zoned MFR Multiple Family Residence District and is developed with apartments: Northwest of the.subject property is a TFR Two Family Residence District developed with duplexes. Directly west of the subject property is an RC2 Residence Conservation District developed with single family residences. South of the subject property is a CF Community Facility District developed with park. The area east of the subject property is zoned AB Area Business District and is developed with commercial land uses. F. Zoning District Standard. The suitability of the subject property for the intended conditional use for a planned development with respect to conformance to the provisions for the purpose and intent, and the location and size of a zoning district. No conditional use for a planned development should be granted for the sole purpose of introducing a land use not otherwise permitted on the subject property. The purpose and intent of the provisions for planned developments is to accommodate unique development situations. For planned developments as a conditional use,the planned development should demonstrate the following characteristics: 1. An opportunity to realize a development of demonstrated need with respect to the types of environment available to the public that would not be possible under the strict application of the other chapters of this title. 2. The public benefit realized by the establishment of the planned development is greater than if the property were to remain subject to the standard requirements of the zoning district in which it is located. 3. Extraordinary conditions or limitations governing site design, function, operation, and traffic are imposed on the planned development. Findings. The subject property is suitable for the intended conditional use for a planned development with respect to conformance to the provision for the purpose and intent,and the location and size of a zoning district. The purpose of the CF Community Facility District is to recognize a major land use category and pattern of development that exists within the city, and to provide standards for the location and requirements for site design of community facilities. The purpose of the ARC Arterial Road Corridor District is to p rovide for public comment • , p improvements to properties that meeting the threshold requirements of properties along the 4 Findings of Fact Zoning and Subdivision Board Petition 23-06 May 17, 2006 Arterial Road Corridors,with respect to enhancement of the design of new structures and site features. Commercial antenna towers are classified as a conditional use in the CF Community Facility District. The intent of the conditional use process is to ensure the protection of public health, safety and welfare. The existing tower, in terms of location and operation, conforms to the purpose and intent of this regulation. The existing 125' monopole tower will have new U.S. Cellular Antennas installed on a platform that will be located.below the existing carriers antennas and platform.The existing 18'x26.5'mechanical unit shelter located at the base of the tower and constructed in concrete masonry units will be expanded with a new 20'x16' shelter. The design, dimensions and exterior materials of the addition will match that of the existing building. The existing building and addition will be screened with landscaping. SUMMARY OF FINDINGS,UNRESOLVED ISSUES,AND ALTERNATIVES The Zoning and Subdivision Hearing Board has developed or identified the following findings, unresolved issues, and alternatives: A. Summary of Findings. The existing 125' monopole tower, in terms of location and operation, conforms to the purpose and intent of this regulation. The tower will have new U.S. Cellular Antennas installed on a platform that will be located below the existing carriers antennas and platform. The existing 18'x26.5' mechanical unit shelter located at the base of the tower and constructed in concrete masonry units will be expanded with a new 20'x16' shelter. The design, dimensions and exterior materials of the addition will match that of the existing building. The existing building and addition will be screened with landscaping. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than an approval,a denial,or an approval with some combination of conditions,there are no substantive alternatives. ribk RECOMMENDATION On a motion to recommend approval, subject to the following conditions,the vote was four(4)yes 5 • Findings of Fact Zoning and Subdivision Board Petition 23-06 May 17, 2006 and zero (0)no: 1. Substantial conformance with the Conditional Use Application,prepared by the United States Cellular Operating Company of Chicago, LLC doing business as U.S. Cellular, dated March 29, 2006. 2. Substantial conformance with the Site Plan and Development Plans prepared for U.S. Cellular,by W-T Communication Group, dated January 20, 2006. 3. Compliance with all other applicable codes and ordinances. Therefore,the motion to recommend approval was adopted. Respectfully submitted, • e � • of ts(- rRobert Langlois, Chairm.i Zoning and Subdivision Hearing Board ak4a Lauren Pruss, Secretary Zoning and Subdivision Hearing Board • • • 6 •