The URL can be used to link to this page

Home My WebLink AboutG24-15 Ordinance No. G24-15 AN ORDINANCE GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER IN THE PORI PLANNED OFFICE RESEARCH INDUSTRIAL DISTRICT (925 South McLean Boulevard) WHEREAS, written application has been made requesting conditional use approval to install a commercial antenna tower in the PORI Planned Office Research Industrial District; and WHEREAS, the Planning and Zoning Commission conducted a public hearing concerning said application on April 6, 2015 and May 4, 2015 following due notice by publication; WHERAS, the Community Development Department and the Planning and Zoning Commission have submitted their written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning and Zoning Commission recommended approval of said application, subject to the conditions below; and WHEREAS, the City Council of the City of Elgin concurs with the findings and recommendation of the Community Development Department and the Planning and 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 May 4, 2015, made by the Community Development Department and the Planning and 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 install a commercial antenna tower in the PORI Planned Office Research Industrial District at 925 South McLean Boulevard, and legally described as follows: Parcel One: Lot 3 Of Huron's Mclean Boulevard Subdivision Being A Part Of The North Half Of Section 27, Township 41 North, Range 8 East Of The Third Principal Meridian, In The City Of Elgin, Kane County, Illinois According To The Plat Thereof Recorded Nov. 3, 2006 As Document 2006k121145, and being situated in the City of Elgin, Elgin Township, Kane County, Illinois (Property Commonly Known As 925 South McLean Boulevard). Parcel Two: Easement For Ingress And Egress To Mclean Boulevard For Benefit Of Parcel One Created By The Reciprocal Easement, Maintenance, Operation And Restrictions Agreement Recorded Nov. 3, 2006 As Document 2006k121147 By Huron Investments and Development Co. LLC And Elgin Lodge No. 799 Loyal Order Of Moose. be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Jeffrey J. Risby, Chicago SMSA Limited Partnership on behalf of Verizon Wireless, dated October 10, 2014. In the event of any conflict between such Statement of Purpose and Conformance and this ordinance or other applicable city ordinances, this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial conformance to Plat of Survey, dated August 14, 2013, (Sheets LS-1), prepared by DLZ Industrial Surveying, Inc. 3. Substantial conformance to Site Plan and Construction Drawings, last revised November 25, 2014, prepared by Architect Thaddeus A. Pacyniak, Concordia, Ltd. 4. Substantial conformance to the Statement for the need for this proposed facility and Site Justification Maps, submitted by Jeffrey J. Risby, received March 23, 2015. 5. 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. David J.K. stain, ayor Presented: June 10, 2015 Passed: June 10, 2015 4 OFE'.'.... Vote: Yeas: 8 Nays: 0 Abstain: 1 Recorded: June 10, 2015 Published: June 12, 2015 Z Attest: '{o�`. /,./50,„ '1'4/0/ 4/ti,(11 Kimberly Dewis, City C - 2 - May 4, 2015 RECOMMENDATION & FINDINGS OF FACT OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND THE PLANNING & ZONING COMMISSION CITY OF ELGIN, ILLINOIS SUBJECT Recommendation and findings of fact for Petition 51-14, an application by Chicago SMSA Limited Partnership on behalf of Verizon Wireless for a conditional use to permit the installation of a commercial antenna tower, property located at 925 South McLean Boulevard, more commonly known as Elgin Moose Lodge. GENERAL INFORMATION Petition Number: 51-14 Requested Action: Conditional Use Approval Current Zoning: PORI Planned Office Research Industrial District Existing Use: Elgin Moose Lodge Property Location: 925 South McLean Boulevard Applicant: Chicago SMSA Limited Partnership on behalf of Verizon Wireless Owner: Loyal Order of Moose, Elgin Lodge#799 Staff Coordinator: Denise Momodu, Associate Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Statement of Purpose and Conformance; and F. Public Hearing Transcripts from May 4, 2015 with exhibits. G. Draft Conditional Use Ordinance Exhibit A Findings of Fact Petition 51-14 May 4, 2015 BACKGROUND The applicant proposes to construct a 154-foot tall monopole tower and equipment enclosure along the north side of the Elgin Moose Lodge building, located within the Hurons McLean Boulevard subdivision. The 1,200 square foot lease area will be enclosed with a 6-foot high wood privacy fence. The officers of the Elgin Moose Lodge#799 have provided their consent to this application and, if approved, construction. Commercial antenna towers are required to be set back a minimum distance equal to the height of the commercial antenna tower from any of the following zoning districts: residential,business, community facility, or CI Commercial Industrial. The proposed monopole does not meet this minimum setback requirement, as it is located 68 feet from community facility zoning to the east, and is therefore required to be approved as a conditional use. That being said,the CF zoning to the east covers property owned by the City of Elgin and the closest use upon that property is lime pits used in conjunction with the city water treatment process. The fence on city property enclosing said pits is approximately 140 feet from the base of the tower, and the closest building on city property is storage shed approximately 900 feet to the north. The closest non-city building(excluding the Moose Lodge itself) is approximately 280 feet to the east of the proposed location of the tower, and this building is for a self-storage operation. The tower is designed to withstand sustained winds exceeding 60-90 mph. In addition, in the unlikely event of a failure, the tower is designed to collapse at 3 different spots and fall upon itself. The applicant suggests that this location and tower are necessary to fill a significant coverage gap (see before and after coverage maps), and the tower is designed to accommodate the co- location of 4-5 other providers. This design feature can help reduce the necessity for future towers in/around this location. Please recall that, at the April 6, 2015 public hearing, staff recommended that the public hearing be continued to the May 4, 2015 scheduled meeting to give staff time to review a letter of objection dated April 1, 2015, submitted by attorney Andrew Kolb on behalf of his client Huron Investment & Development Company, property owner of the self-storage and industrial buildings located immediately to the west of the Moose Lodge. A copy of that letter is attached to this review. Mr. Kolb expressed several concerns related to location of the cell tower, fall zone, access, degradation of property values, etc. In response to those concerns, attorney Sean O'Connell submitted a letter dated April 6, 2015, on behalf of his client Chicago SMSA Limited Partnership on behalf of Verizon Wireless. A copy of that letter is also attached to this review. The corporation counsel has reviewed these materials and is of the opinion that the legal objections raised by Mr. Kolb regarding the easement and fall zone are unfounded. 2 Findings of Fact Petition 51-14 May 4, 2015 The Community Development Department offers the following additional information: A. Zoning History. The subject property was annexed to the City of Elgin in 1972 as part of the Bueche Property annexation, under ordinance No. S-1002, and zoned R4 General Residence District. In 1992, the property was reclassified to ORI Office Research Industrial District as part of a comprehensive amendment to the zoning ordinance. In 2006, the property was rezoned to PORI Planned Office Research Industrial District and subdivided as part of Hurons McLean Boulevard Subdivision. B. Land Use and Zoning. The area located to the north of the subject property is zoned ORI Office Research Industrial District, and is improved with mobile homes. The area to the east of the subject property is zoned CF Community Facility District, and is improved with the City of Elgin's lime residue storage facility. The area to the south of the subject property is zoned GI General Industrial District and is improved with several industrial uses. The area to the west of the subject property is zoned PORI Planned Office Research Industrial District and is improved with several industrial buildings. C. Comprehensive Plan. 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. D. Zoning District. The purpose of the ORI Office Research Industrial District is to provide an industrial environment that fosters a sense of place and destination within a coordinated campus or park setting through the applicable site design regulations. E. Trend of Development. The subject property is located in an area developed primarily with industrial and commercial uses. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 51-14 on May 4, 2015. Testimony was presented at the public hearing in support and opposition of the application. The Community Development Department submitted a Conditional Use Review and Written Findings & Recommendation to the Planning&Zoning Commission dated May 4, 2015. The Community Development Department and the Planning & Zoning Commission have made the following general findings against the standards for a conditional use as outlined within § 19.65.030: 3 Findings of Fact Petition 51-14 May 4, 2015 A. Site Characteristics Standard. The suitability of the subject property for the intended conditional use with respect to its size, shape, and any existing improvements. Findings. The conditional use meets the site characteristic standard in that this standard evaluates only the site at which the use is proposed. The subject property is located on Lot 3 of Hurons McLean Boulevard Subdivision, containing 4 acres of land and 1.83 acres of stormwater detention area. The subject property is improved with a 10,800 square-foot building containing the offices and meeting rooms of the Elgin Moose Lodge and surface parking lot. B. Sewer and Water Standard. The suitability of the subject property for the intended conditional use with respect to the availability of adequate water, sanitary treatment, and storm water control facilities. Findings. The conditional use meets the sewer and water standard as the subject property is currently served by municipal water, sanitary sewer, and storm water systems. Stormwater management is provided in conformance with the standards and regulations of the City of Elgin and Kane County Stormwater Management Ordinances. C. Traffic and Parking Standard. The suitability 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 conditional use meets the traffic and parking standard. The subject property is located along South McLean Boulevard, an arterial street serving the western portion of the city. Vehicular access to the zoning lot is provided at two locations along South McLean Boulevard. Access to the subject property is provided by way of a 12 foot wide access easement along the private drive located along the north property line. To accommodate the construction of the tower, a portion of the Moose parking containing at least 6 parking stalls will need to be removed. The existing parking lot contains 132 parking spaces, with an additional 32 land-banked parking stalls along the south side of the building. This land-banked area is currently being used for outdoor activities. Therefore, even with the removal of the 6 parking stalls to establish the cell tower, the subject property will continue to remain in compliance with the original approved planned development D. 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. The conditional use meets the location, design, and operation standard.No 4 Findings of Fact Petition 51-14 May 4, 2015 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 proposed to be located about 25 feet from the Moose building, 46.5 feet from the north property line, and 68 feet from the east property line. The land to the east of the subject property backs-up to the City of Elgin's lime residue storage facility. The land to the north is improved with mobile homes; with the nearest mobile home being located 422 feet away. Therefore, no buildings on the adjacent properties will be impacted by the proposed commercial antenna tower. Notwithstanding, in the unlikely event that the tower was to collapsed the only structure that will be negatively impacted will be the Moose building, located on the subject property. E. 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 neither designated as a historic landmark nor is it located within a historic district. RECOMMENDATION The Community Development Department recommends approval of Petition 51-14, subject to conditions. The Planning & Zoning Commission concurs with the Community Development Department and recommends approval of Petition 51-14 subject to conditions. On a motion to recommend approval, subject to the conditions outlined by the Community Development Department the vote was three (3) yes and one (1) no and one (1) abstain. The conditions for approval voted on by the Planning&Zoning Commission are: 1. Substantial conformance to the Statement of Purpose and Conformance, and Attachments, submitted by Chicago SMSA Limited Partnership on behalf of Verizon Wireless, dated October 10, 2014. 2. Substantial conformance to Plat of Survey, dated August 14, 2013, (Sheets LS-1), prepared by DLZ Industrial Surveying, Inc. 3. Substantial conformance to Site Plan and Construction Drawings, last revised November 25, 2014,prepared by Thaddeus A. Pacyniak Architect. 4. Substantial conformance to the Statement for the need for this proposed facility and Site Justification Maps, submitted by Jeffrey J. Risby, received March 23, 2015. 5 Findings of Fact Petition 51-14 May 4, 2015 5. Compliance with all applicable codes and ordinances. Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/Dave Waden Dave Waden, Secretary Planning&Zoning Commission 6 vti ww.4 1 ; - - '-' ' ' --' - - --- --,1' 1.!.44ime.A7-- --:', . r MI. ,1.4 : t, .. : 1 j . . ' virAA..,---: y ii - - - _ College'Green Dr • ,� k Subject Property ! Petition 51-14 I II F • kg' � P , :- kg,,,N,?.;:•.: .: .. , k allitiod , ,,, ar iW*tit i0-ii _ ..T .,_ :5 t _ -.. A•x •1. II a Crispin Dr J a V 4 i C.)\.Q \\�p ,„ . i Arbor Ln ' • 1 o j s `. i - _./ EXHIBITA Aerial/Location Map : w_�.-E S Map prepared by City of Elgin 0 80 160 320 480 640 1 iFeet Department of Community Development WO PNB Subject Property Petition 51-14 al Ca0 I `,%► PORI �f /College Green Dr 1111 IPRC a 1110 14� PNB ORI 11D � .� 0 =C1 NB PORI Legend OResidence Conservation 1 "II OResidence Conservation 2 OResidence Conservation 3 OPlanned Residence Conservation O Single Family Residence 1 I"'CO OSin g le Family Residence 2 Q Planned Single Family Residence 2 Crispin Dr IIITwo Family Residence I"' II.Multiple Family Residence J -Planned Multiple Family Residence ® M /4 Q Residence Business Q Planned Residential Business ® is, 1k -Neighborhood Business fTl-f7-I -Planned Neighborhood Business C -Area Business MID ORI noPlanned Area Business -Center City 1 -Center City 2 -Planned Center City AD -Office Research Industrial -Planned Office Research Industrial Bowes Rd -General Industrial =Planned ial Industrial General dal nol " ,II Commercial Indtrial-Planned Community Facility Adrienne.Dr A MI Community Facility Fox River Preservation • I . I11 MIICiiigan Ave `i I.Planned Center City 2 -.-.•Q c I� Q Planned Single Family Residence 1 : ■� �' ,,,,,' =CI MI Ezi Planned Two Family Residence ■- .,,,-_ I! — C EXHIBITS Zoning Map N W-V E S Map prepared by City of Elgin 0 120 240 480 720 960 Department of Community Development i Feet I 1 1 it Subject Property L.i 928 S McLean Blvd. Petition 51-14 I I 1 1 1 1 0627126010 N CO..... ■ C m Z i I 1 \ I Crispin Dr / EXHBIIT C Parcel Map N A City of Elgin 0 40 80 160 240 320 Department of Community Development 1 1Feet SITE LOCATION EXHIBIT D 925 South McLean Boulevard Petition 51-14 OM • b iai .,� f 4. j: . NI AI T ... !^'GYM Y7 w we . „may., '} A , -, .... , pit , . ,. ...., . -., .._ , . , . Site Location -e ot r Aerial View SITE LOCATION EXHIBIT D 925 South McLean Boulevard Petition 51-14 i NV.;. d f. 0.e, a tJ i x Ott' '. y#8 u LID " :: s 's%9 ":� iJ 1 )t I. nit-