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HomeMy WebLinkAboutG34-15 Ordinance No. G34-15 AN ORDINANCE GRANTING A CONDITIONAL USE TO INSTALL A COMMERCIAL ANTENNA TOWER IN THE CI COMMERCIAL INDUSTRIAL DISTRICT (300 Willard Avenue) WHEREAS, written application has been made requesting conditional use approval to install a commercial antenna tower in the CI Commercial Industrial District; and WHEREAS, the Planning & Zoning Commission conducted a public hearing concerning said application on July 6, 2015 following due notice by publication; WHERAS, the Community Development Department and the Planning & Zoning Commission have submitted their written Findings of Fact concerning said application; and WHEREAS, the Community Development Department and the Planning & 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 & 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 July 6, 2015, made by the Community Development Department and 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 install a commercial antenna tower in the CI Commercial Industrial District at 300 Willard Avenue, and legally described as follows: Lots 3 and 4 of Smith's Subdivision Being a Subdivision of Part of Lot 22 of the County Clerk's Subdivision of the South Half of Section 18, Township 41 North, Range 9 East Of The Third Principal Meridian, In Cook County, Illinois. (Commonly known as: 300 Willard Avenue, Elgin, IL—PIN: 06-18-301-043-0000 and 06-18-301-044-0000) be and is hereby granted subject to the following conditions: 1. Substantial conformance to the Statement of Purpose and Conformance, and attachments, submitted by Virginia Roth, Site Acquisition Specialist, SureSite Consulting Group, LLC, dated March 26, 2015. In the event of any conflict between such documents and the terms of this ordinance or any other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 2. Substantial Conformance with the Consent and Disclosure of the property owner, Ferryville, LLC, dated March 18, 2105. In the event of any conflict between such document and the terms of this ordinance or any other applicable city ordinances, the terms of this ordinance or other applicable city ordinances shall supersede and control. 3. Substantial conformance to Site Plan and Construction Drawings prepared by Ghazwan M. Sadat, Architect, for T-Mobile, and last revised on June 16, 2015. 4. 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. it 1 /ice' "210■- t!40 , David J. Ka,fein, ' ayor Presented: August 26, 2015 Passed: August 26, 2015 F . .,.v. Omnibus Vote: Yeas: 9 Nays: 0 August 26, 2015 !Li‘='0RSS�u miN, \I, \_ Published: August 28, 2015 f d '7--�, f :_ S Attest: Q: ' 4 4., s� !,dq�� t`dam•;‘61(1,6 , Kimberly Dewis, Cit Clerk - 2 - July 6, 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 11-15, an application by Virginia Roth, Agent for Suresite Consulting on behalf of American Tower Corporation and T-Mobile for a conditional use to permit the installation of a commercial antenna tower on property located at 300 Willard Avenue. GENERAL INFORMATION Petition Number: 11-15 Requested Action: - Approval of a Conditional Use Current Zoning: CI Commercial Industrial District Existing Use: Trucking and Courier Services with Commercial Operations Yard Property Location: 300 Willard Avenue Applicant: Virginia Roth, Agent for Suresite Consulting on behalf of American Tower Corporation and T-Mobile Owner: Ferryville, LLC Staff Coordinator: Sarosh B. Saher, AICP, Senior Planner LIST OF EXHIBITS ATTACHED A. Aerial/Location Map B. Zoning Map C. Parcel Map D. Site Photos E. Development Application and Attachments F. Draft Conditional Use Ordinance Exhibit A Findings of Fact Petition 11-15 July 6, 2015 BACKGROUND The applicant proposes to construct a 126-foot tall monopole tower and equipment enclosure at the southwest corner of the property. The 1,600 square foot(40'x40') lease area will be enclosed with a 6-foot high chain-link fence. The entire lease space will be located within the existing commercial operations yard that is enclosed within a 6-foot high sold privacy fence with landscaped screening along its easterly street-facing elevation. The owners of the property, Ferryville, Inc., have provided their consent to this application and, if approved, installation of the monopole tower and associated mechanical units within the lease space. Commercial antenna towers located within a CI Commercial Industrial District can only be approved through a Conditional Use. Additionally, these towers are required to be set back a minimum distance equal to the height of the commercial antenna tower from any of the following adjacent zoning districts: residential, business, community facility, or CI Commercial Industrial district. The proposed monopole does not meet this minimum setback requirement, as it is located 42'-7" from a CF Community Facility district to the west, and 83'-7" from unimproved right-of-way to the south located within the CI District, both setbacks further requiring the tower to be approved through a conditional use. However, the CF zoning district to the west covers property that is comprised of open space that contains the waterway, floodway and natural habitat of the Willow Creek tributary to Poplar Creek. The unimproved right-of-way located to the south contains a drainage ditch that is also tributary to Poplar Creek. The fall zone of the tower does not encroach upon any permanent structures located on adjacent properties in the vicinity of the subject property. The closest permanent structure to the tower is the industrial building located to south at a distance of approximately 175 feet from the proposed tower. The building on the subject property is located at distance of approximately 232 feet from the proposed tower. 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 collapse upon itself. The applicant suggests that this location and tower are necessary to fill a coverage gap (see before and after coverage maps), and the tower is designed to accommodate the co-location of 4 additional cellular service providers. This design feature to co-locate antennas from more than one provider can help reduce the necessity for future towers in and around this location. The Community Development Department offers the following additional information: A. Zoning History. The subject property was added to the City of Elgin in 1895 as part of the County Clerk's Subdivision and zoned B Residence District. The zoning classification remained residential until 1962 when the property reclassified within a B-4 General Service District and M-1 Limited Manufacturing District. In 1992, the property was reclassified to CI Commercial Industrial District as part of a comprehensive amendment to the zoning ordinance. 2 Findings of Fact Petition 11-15 July 6,2015 In 1997, the property was granted a planned development as a conditional use to provide for a motor vehicle recycling facility and recycling yard. B. Surrounding Land Use and Zoning. The areas to the north and south of the property are zoned CI Commercial Industrial district and are improved with a mix of commercial and light industrial land uses. The area to the east is zoned CF Community Facility District and is improved with the recently developed Prairie Park at 301 Willard Avenue. The area to the west is also zoned CF Community Facility District and contains the waterway, floodway and natural habitat of the Willow Creek tributary to Poplar Creek. C. Trend of Development. The subject property is located in an area developed primarily with light industrial and commercial uses. D. Zoning District. The purpose of the CI Commercial Industrial District is to provide for an existing pattern of development in which certain commercial uses and industrial uses have located together. These districts are typically located within older established non- residential areas of the community. E. Comprehensive Plan. The subject property is designated as "Parks and Open Space" by the City's Comprehensive Plan and Design Guidelines dated 2005. The designation includes properties that lie in the vicinity of open waterways. The Parks and Open Space designation includes those areas intended to remain in natural open space and land areas along water features, as well as, areas designated for active and passive parks, trails, athletic fields, and golf courses. Community and neighborhood parks are to be distributed throughout the planning area to provide full park service coverage to all residents, subject to the service area standards described in the Parks and Recreation Master Plan. FINDINGS After due notice as required by law, the Planning and Zoning Commission conducted a public hearing in consideration of Petition 11-15 on July 6, 2015. Testimony was presented at the public hearing in support of the application. The Community Development Department submitted a Conditional Use Review and Written Findings & Recommendation to the Planning & Zoning Commission dated July 6, 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: A. 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. 3 Findings of Fact Petition 11-15 July 6, 2015 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 approximately 2.6 acres of land (112,635 square feet) of land and is improved with a 2,634 square-foot building containing the offices of the trucking and courier services company. An asphalt paved surface parking lot is located to the north of the existing building. A 1.32 acre commercial operations yard is located to the south of the building and is enclosed within a sold 6 foot high privacy fence with heavy landscape screening along its street frontage. B. 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 suitable for the intended zoning district with respect to the sewer and water standard. The subject property is served with municipal water and sanitary sewer systems. C. 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 is suitable for the intended zoning district with respect to the traffic and parking standard. The subject property is located along Willard Avenue which is a major collector street connecting East Chicago Street on the north to Villa Street on the south. Vehicular access to the zoning lot is provided at one location at north of the property. Access to the lease space is provided by way of a 12 foot wide access easement within the existing asphalt paved parking lot and gravel surfaced commercial operations yard on the property. Parking is currently provided in conformance with the requirements of the zoning ordinance and will not be impacted by the location of the proposed lease space. 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. 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. 4 Findings of Fact Petition 11-15 July 6, 2015 The tower is proposed to be located about 232 feet from the existing building on the subject property, 42'-7" from the west property line, and 83'-7" from the south property line. The land to the west and south of the subject property backs up to open space associated with the waterways of Willow Creek. The land further to the south is improved with an industrial building located approximately 175 feet away. Therefore, no buildings on the adjacent properties will be impacted by the proposed commercial antenna tower. In the unlikely event that the tower was to collapse the only features that will be negatively impacted will be equipment and vehicles located within the commercial operations yard on the subject property, and vehicles located along the northerly 5 feet of the property to the south. E. Historic Preservation Standard. Where applicable, the suitability of the subject property for the intended conditional use with respect to making 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 The Community Development Department recommends approval of Petition 11-15, subject to conditions. The Planning & Zoning Commission concurs with the Community Development Department and recommends approval of Petition 11-15 subject to conditions. On a motion to recommend approval, subject to the conditions outlined by the Community Development Department the vote was five (5) yes and zero (0) no. 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 Virginia Roth, Site Acquisition Specialist, SureSite Consulting Group, LLC, dated March 23, 2015. 2. Substantial Conformance with the Consent and Disclosure of the property owner, Ferryville, LLC, dated March 18, 2105. 3. Substantial conformance to Site Plan and Construction Drawings prepared by Ghazwan M. Sadat, Architect, for T-Mobile, and last revised on June 16, 2015. 4. Compliance with all applicable codes and ordinances. 5 Findings of Fact Petition 11-15 July 6, 2015 Respectfully Submitted, s/Robert Siljestrom Robert Siljestrom, Chairman Planning&Zoning Commission s/ Sarosh Saher Sarosh B. Saher, AICP, Secretary Planning&Zoning Commission 6 MEM ' 4. .• ., I I r I A, f I na 1 1 L, ,1 -'R.'' 9 1 X4 Subject Property - _ Petition 11-15 .. WI-• LI R _. -— JOYCE LN iiiiiii- -'" ` ' . ' ---:----.--------- ' .„... 4 ( 41111 ''''gy • / `-- J W i I 1111111111111111 uIp!pupI P 1 all -rill . _ , ANDERSON AVE 'I e-er.., Mil . '1 .NOIR IL ILI= 1 'MINE-- _,,, , r3 Utz \ .. 4 ' 'it ' ' , OLIVE ST . "A „, Ilk WIC W W • •J 'w I Ell ,, Lo h EXHIBITA Aerial/Location Map N W-•�-e S 0 60 120 240 360 480 Map prepared by City of Elgin Feet Department of Community Development PRC RC2 Subject Property Petition 11 -15 MACKEYLN Legend QResidence Conservation 1 =Residence Conservation 2 Residence Conservation 3 QPlanned Residence Conservation OSingle Family Residence 1 QSingle Family Residence 2 QPlanned Single Family Residence 2 ac 4 Two Family Residence CgT -Multiple Family Residence -Planned Multiple Family Residence QResidence Business OPlanned Residential Business Neighborhood Business CA(..L1f.17 -Planned Neighborhood Business -Area Business -Planned Area Business -Center City 1 -Center City 2 -Planned Center City -Office Research Industrial ANDERSON AVE Planned Office Research Industrial -General Industrial -Planned General Industrial -CommercialIndustrial ////yyyy���� Planned Community Facility -Community Facility -Fox River Preservation �/'� MI (.wl..L Planned Center City 2 g. OPlanned Single Family Residence 1 OLIVE ST Planned Two Family Residence /� _-, l l`�i+�JJ EXHIBITS Zoning Map w_ E Map prepared by City of Elgin 0 60 120 240 360 480 Feet Department of Community Development J l Subject Property 300 Willard Ave Petition 11 -15 06183010430000 Q cY Q J J 06183010440000 \ (7 ANDERSON AVE A , EXHBIIT C Parcel Map N A City of Elgin 0 25 50 100 150 200 Department of Community Development 1 1Feet SITE LOCATION 300 Willard EXHIBIT • Ave. Petition 11-15 � �.- ter" :: M3: 4 • y V. ' ' A i ,,,, .. ..-... ,,„. ,, . ., , .., . , -maul , i -- - - „, , Subject Property "'mss: �' a . o. A. iiii View from Willard Ave. looking south SITE LOCATION EXHIBIT 300 Willard Ave. Petition 11-15 tk6W 6 • f View looking west from Willard Ave. View looking north along Willard Ave. View looking west from Willard Ave. View looking east from Willard Ave.