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HomeMy WebLinkAboutG10-14 Ordinance No. G 10-14 AN ORDINANCE GRANTING A CONDITIONAL USE TO EXPAND A COMMERCIAL ANTENNA TOWER IN THE GI GENERAL INDUSTRIAL DISTRICT (1591 Fleetwood Drive) WHEREAS, written application has been made requesting conditional use approval to expand a commercial antenna tower in the GI General Industrial District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing after due notice by publication and has submitted its findings of fact and recommended approval; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Planning & Zoning Commission. 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 Fact, dated January 6, 2014, made by the Planning & Zoning Commission, a copy of which is attached hereto and made a part hereof by reference as Exhibit A. Section 2. That a conditional use to expand a commercial antenna tower in the GI General Industrial District at 1591 Fleetwood Drive, and legally described as follows: Parcel 1: That part of Lot 1 in Burnidge Bros. Industrial Park Block D of Unit 1, being a subdivision of Part of the Southeast Quarter of Section 21 and part of the Southwest Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Northwest corner of said Lot 1; thence, Easterly along the Northerly line of said Lot 1 a distance of 254.08 feet for the place of beginning; thence continuing Easterly along said Northerly line a distance of 170.94 feet; thence Southerly perpendicular to said Northerly line a distance of 254.08 feet to a point on the Southerly line of said Lot 1 that is 464.97 feet Easterly (measured along said Southerly line) the most Westerly line of said Lot 1; thence Westerly along said Southerly line a distance of 170.95 feet to a point on said Southerly line that is 294.02 feet Easterly of (measured along said Southerly line) the most Westerly line of said Lot 1; thence Northerly along a line that is perpendicular to the Northerly line of said Lot 1 a distance of 255.68 feet to the place of beginning, containing 1.00 acres more or less and being situated in the City of Elgin, Elgin Township, Kane County, Illinois. Parcel 2: That part of Lot 1 in Burnidge Bros. Industrial Park Block D of Unit 1, being a subdivision of part of the Southeast Quarter of Section 21 and part of the Southwest Quarter of Section 22, Township 41 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the Northwest corner of said Lot 1; thence Easterly along the Northerly line of said Lot 1 a distance of 289.10 feet; thence Southerly at right angles to said Northerly line a distance of 255.68 feet to a point on the Southerly line of said Lot 1 that is 294.02 feet Easterly of(measured along said Southerly line) the most Westerly line of said Lot; thence Westerly along Southerly line of said Lot 1 a distance of 294.02 feet to the most Westerly line of said Lot 1; thence Northerly along the most Westerly line of said Lot 1 a distance 258.67 feet to the place of beginning, containing 1.721 acres more or less and being situated in the City of Elgin, Elgin Township, Kane County, Illinois (Property Commonly Known As 1591 Fleetwood Drive). be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Ryan Breen, Permit Specialist, National Wireless Ventures, LLC, dated November 3, 2013. 2. Substantial conformance to Plat of Survey, last revised date August 13, 2013, (Sheets 1- 3) and Construction Drawings (Sheets 1-21), dated November 1, 2013, prepared by John M. Banks Architect. 3. Compliance with all applicable codes and ordinances. Section 3. That the conditional use granted herein shall expire if not established within one year from the date of passage of this ordinance. Section 4. That this ordinance shall be in full force and effect immediately after its passage in the manner provided by law. .&//1/,x. .4,ALA David J. K.,.fin, • ayor Presented: February 12, 2014 Passed: February 12, 2014 Vote: Yeas: 9 Nays: 0 pro{ 9F , Recorded: February 12, 2014 >' 07"C> Published: February 14, 2014 - Attes _o I-4,1r arev(e(46(.C66.6, r /// X11`Kimberly Dewis, Ci Clerk PLANNING AND ZONING COMMISSION RECOMMENDATION AND FINDINGS OF FACT Communit■ Dcnclopment Department Cite of Elgin, IL OVERVIEW National Wireless Ventures, LLC doing business on behalf of AT&T Mobility request approval of a conditional use to expand a Commercial Antenna Tower at 1591 Fleetwood Drive. Staff recommends approval of the application, subject to the conditions outlined at the end of this report. GENERAL INFORMATION Petition Number: 38-13 Recommendation: APPROVE, subject to conditions outlined at the conclusion of this Report(See Recommendation Detail) Applicant: National Wireless Ventures, LLC on behalf of AT&T Mobility History: After due notice as required by law, the Planning & Zoning Commission held a public hearing and considered Petition 38-13 on December 2, 2013 and continued on January 6, 2014. The applicant submitted a Statement of Purpose and Conformance dated received November 3, 2013, and testified at the public hearing. Staff Coordinator: Denise Momodu,Associate Planner List of Exhibits: A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Statement of Purpose and Conformance,Application F. Draft Conditional Use Ordinance BACKGROUND National Wireless Ventures, LLC doing business on behalf of AT&T Mobility is requesting conditional use approval to expand an existing cellular tower located at 1591 Fleetwood Drive. The applicant is proposing to increase the height of the existing 80 foot monopole tower by 10 feet to provide for the installation of 12 new cellular antennas. A new concrete pad and outdoor Exhibit A Recommendation & Findings of Fact Planning & Zoning Commission Petition 38-13 January 6, 2014 cabinets containing mechanical equipment is also proposed in conjunction with the expansion. Commercial antenna towers are required to be set back from a property line at a minimum distance in an amount equal to the height of the commercial antenna tower, from any zoning district. The proposed extension of the pole does not meet this minimum setback requirement, and is therefore required to be approved as a conditional use. Conditional uses must be granted through a public hearing of the Planning& Zoning Commission and City Council approval. FINDINGS OF FACT The Planning and Zoning Commission has made the following general findings: A. Zoning History Standard. The suitability of the subject property for the intended conditional use 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 with respect to the length of time the property has remained undeveloped or unused in its current zoning district. The subject property was annexed as part of Burnidge Brothers Industrial Park in 1962, under ordinance No. S-694, and zoned M1 Limited Manufacturing. In 1992, the property was reclassified to GI General Industrial District as part of a comprehensive amendment to the zoning ordinance. City records indicate that the existing tower and mechanical equipment were installed in 2001, by SprintCom PCS. B. Surrounding Land Use and Zoning Standard. The suitability of the subject property for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. Findings. The subject property is suitable for the intended conditional use with respect to consistency and compatibility with surrounding land use and zoning. The areas located to the north, east and west of the subject property are zoned GI General Industrial District and are developed with multiple industrial buildings and individual surface parking lots. The area south of the property is zoned PCF Planned Community Facility District and is developed with the campus of Elgin Community College. C. Trend of Development Standard. The suitability of the subject property for the intended conditional use with respect to its consistency with an existing pattern of development or an identifiable trend of development in the area. 2 Recommendation & Findings of Fact Planning & Zoning Commission Petition 38-13 January 6, 2014 Findings. The subject property is suitable for the intended conditional use with respect to the trend of development standard. The subject property is located within an area that has developed with a mix of offices, commercial, industrial, wholesale and institutional uses. D. Zoning District Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. Findings. The subject property is suitable for the intended conditional use with respect to conformance to the provisions for the purpose and intent, and location and size of the zoning district. The purpose of the GI General Industrial District is to provide an alternative industrial environment for those industrial uses that do not require the location or environment of an ORI zoning district. The Planning & Zoning Commission has made the following findings concerning the standards for conditional uses: E. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, significant features including topography, watercourses, vegetation, and existing improvements. Findings. The proposed use meets the site characteristics standard in that this standard evaluates only the site at which the use is proposed. The subject property contains 2.8 acres of land, and is improved with two one-story brick and block commercial buildings and a paved vehicle use area. The commercial antenna tower and its mechanical equipment are located towards the rear of the property. F. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate municipal water, wastewater treatment, and storm water control facilities. Findings. The subject property is served by municipal water and sanitary sewer systems. G. Traffic and Parking Standard. The availability of the subject property for the intended conditional use 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 has frontage along Fleetwood Drive. Fleetwood is a local street serving the subject property and the industrial subdivision. 3 Recommendation & Findings of Fact Planning & Zoning Commission Petition 38-13 January 6, 2014 H. Comprehensive Plan Standard. The suitability of the subject property for the intended conditional use with respect to conformance to the goals, objectives, and policies of the official comprehensive plan. Findings. The subject property is designated as "Office/Research/Industrial" by the City's Comprehensive Plan and Design Guidelines dated 2005. The Office/Research/Industrial designation allows for a variety of industrial, manufacturing, assembly, warehouse, distribution, research, and development, technology, corporate and support office and limited employee-serving retail uses. These activities typically locate in business parks. Appropriate locations offer direct access to the arterial street system, and are in close proximity to highways, the freeway system and interchanges. I. Location, Design, and Operation Standard. The suitability of the subject property for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of this title and chapter. Findings. No evidence has been submitted or found that the proposed conditional use will be located, designed, or operated in a manner that will exercise undue detrimental influence on itself or surrounding property. The tower is currently located no less than 100 feet from the nearest structure on the subject property, and 80 feet from the south property line. The existing tower is constructed to withstand 120 mile an hour wind loads and in the event of extreme weather, is designed to collapse in and upon itself, rather collapse at the base. The land that the subject property backs up to is developed as a parking lot owned and maintained as part of the campus of Elgin Community College. The lot is the northernmost lot on the campus and the spaces affected by the any impact of the tower are not as frequently used as those central to the campus. The curb of this lot is additionally set back approximately 8 feet from the lot line that separates the two properties. No buildings or accessory structures on this property will be impacted by the increase in height of the commercial antenna tower. J. Historic Preservation Standard. Where applicable, the conditional use shall make possible an efficient contemporary use of or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to an historic preservation plan. Findings. This standard is not applicable as the subject property is not designated as a historic landmark nor is it located within a historic district. RECOMMENDATION DETAIL By a vote of five (5) yes, zero (0) no, the Planning & Zoning Commission recommends the 4 Recommendation & Findings of Fact Planning & Zoning Commission Petition 38-13 January 6,2014 approval of Petition 38-13, subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Ryan Breen, Permit Specialist, National Wireless Ventures, LLC, dated November 3, 2013. 2. Substantial conformance to Plat of Survey, last revised date August 13, 2013, (Sheets 1- 3) and Construction Drawings (Sheets 1-21), dated November 1, 2013, prepared by John M. Banks Architect. 3. Compliance with all applicable codes and ordinances. Therefore,the motion to recommend approval of Petition 38-13 was adopted. s/ Robert Siljestrom Robert Siljestrom, Chairman Planning and Zoning Commission s/Sarosh Saher Sarosh Saher, Secretary Planning and Zoning Commission 5 ' 4 ' . is ,.. ., _, P _ { v Sri v .. as riii,f C t Y J - ,. e . - - ►�'"'r Subject Property%f ,_ k i 1 Petition 38-13 'r 11 3. . - 'illia- •_ . . _ ,. , . ... . _ ., - - . • _ ....... 1. • . ., , .1 4.,_.,,,,..,..1 _ , ,._.,...„ . etwa+s,. ..-.,,i.1, 419 i4 I''�' ♦. .0-x.... ` ... .. .....,_. , L '1� '# 1 y ,//N, {34 •‘, ,}mi ds+ --, ' \ . , ''`/ ''. ...iP4!%.,/ ) ..' Su , ti _ t ,t I 3 { EXHBIITA Aerial/Location Map N A City of Elgin 0 70 140 280 420 560 Department of Community Development 1 1Feet mi ■ ■ MM., = II bah_ M1111,- Rill ! U T7 ,V MI Fr MIN Subject Property Petition 38-13 Legend (=Residence Conservation 1 QResidence Conservation 2 QResidence Conservation 3 QPlanned Residence Conservation =Single Family Residence 1 =Single Family Residence 2 OPlanned Single Family Residence 2 DTwo Family Residence INMultiple Family Residence ®Planned Multiple Family Residence =Residence Business =Planned Residential Business -Neighborhood Business -Planned Neighborhood Business -Area Business Planned Area Business -Center City 1 IN Center City 2 -Planned Center City -Office Research Industrial -Planned Office Research Industrial -General Industrial -Planned General Industrial Commercial Industrial -Planned Community Facility -Community Facility -Fox River Preservation -Planned Center City 2 OPlanned Single Family Residence 1 OPlanned Two Family Residence Zoning Map W -gyp-E City of Elgin 0 80160 320 480 640 Department of Community Development Feet Berkley xi is m t (n Subject Property 1591 Fleetwood Dr. Fleetwood Petition 38-13 0622301006 Hoffer F e Spartan EXHBIIT C Parcel Map N A City of Elgin 0 40 80 160 240 320 Department of Community Development 1Feet SITE LOCATION EXHIBIT 1591 Fleetwood Drive Petition 38-13 • . . ...._ IIIPIETIFIF • • ' •"' ft. .. • !, Da .t4 • s .E., 1 0 I- ...1 . -, .. • AN ‘*:ti •-. ..- -a v_ • -a I . •, ■J t • ao NI .. _ ‘-• .. . • . 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