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G53-02 Ordinance No . G53-02 AN ORDINANCE GRANTING A CONDITIONAL USE FOR A CONDITIONAL COMMERCIAL ANTENNA TOWER (300 EAST ELGIN AVENUE) WHEREAS, written application has been made for a conditional use for a conditional commercial antenna tower in the CI Commercial Industrial District at 300 East Elgin Avenue; 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 recommended approval ; and WHEREAS, the City Council of the City of Elgin concurs in 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 Fact 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 a conditional use for a conditional commercial antenna tower in the CI Commercial Industrial District at 300 East Elgin Avenue and legally described as follows : PARCEL 1 : THAT PART OF LOT CCCLVI OF THE COUNTY CLERK' S SUBDIVISION IN THE EAST FRACTION OF THE SOUTHWEST QUARTER OF SECTION 24 . TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY AND THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE SOUTH 01 DEGREE 31 MINUTES 54 SECONDS EAST, 210 . 50 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 86 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF A STRIP OF LAND CONVEYED TO THE SANITARY DISTRICT OF ELGIN BY DEED DATED AUGUST 1, 1924 AND RECORDED ON AUGUST 12 , 1924 , IN BOOK745, PAGE 142 , AS DOCUMENT NO. 241385, A DISTANCE OF74 . 02 FEET TO A POINT 30 FEET WESTERLY FROM AND AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE e" SOUTH 33 DEGREES 32 MINUTES 39 SECONDS EAST, 56 . 50 FEET TO A POINT 26 FEET WESTERLY FROM AND AT RIGHT ANGELS TO . • SAID WESTERLY RIGHT OF WAY LINE; THENCE SOUTH 28 DEGREES [. 30 MINUTES 25 SECONDS EAST, 152 . 50 FEET TO A POINT IN THE SOUTHERLY LINE OF ELGIN AVENUE EXTENDED WESTERLY, SAID POINT BEING SOUTH 84 DEGREES 51 MINUTES 07 SECONDS WEST, 31 . 80 FEET FROM SAID WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE SOUTH 03 DEGREES 08 MINUTES 37 SECONDS EAST, 51 . 80 FEET; THENCE SOUTH 87 DEGREES 02 MINUTES 08 SECONDS WEST, 102 . 84 FEET; THENCE SOUTH 02 DEGREES 57 MINUTES 52 SECONDS EAST, 11 . 10 FEET; THENCE SOUTH 87 DEGREES 02 MINUTES 08 SECONDS WEST, 72 . 05 FEET TO AFORESAID EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY; THENCE NORTH 01 DEGREE 31 MINUTES 54 SECONDS WEST ALONG SAID EASTERLY RIGHT OF WAY LINE, 248 . 52 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . PARCEL 2 : AN EASEMENT FOR INGRESS AND EGRESS OVER AND UPON THAT PART OF LOT CCCLVI OF THE COUNTY CLERK=S SUBDIVISION IN THE EAST FRACTION OF THE SOUTHWEST QUARTER OF SECTION 24 , TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILWAY COMPANY AND THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE SOUTH 01 DEGREES 31 MINUTES 54 SECONDS EAST, 210 . 50 FEET; THENCE NORTH 86 DEGREES 30 MINUTES 00 SECONDS EAST ALONG THE SOUTHERLY LINE OF A STRIP OF LAND CONVEYED TO THE SANITARY DISTRICT OF ELGIN BY DEED DATED AUGUST 1, 1924 AND RECORDED ON AUGUST 12 , 1924 , IN BOOK 745, PAGE 142, AS DOCUMENT NO. 241385, A DISTANCE OF 74 . 02 FEET TO A POINT 30 FEET WESTERLY FROM AND AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY; THENCE SOUTH 33 DEGREES 32 MINUTES 39 SECONDS EAST, 56 . 50 FEET TO A POINT 26 FEET WESTERLY FROM AND AT RIGHT ANGLES TO SAID WESTERLY RIGHT OF WAY LINE; SOUTH 28 DEGREES 30 MINUTES 25 SECONDS EAST, 152 . 50 FEET TO A POINT IN THE SOUTHERLY LINE OF ELGIN AVENUE EXTENDED WESTERLY, SAID POINT BEING SOUTH 84 DEGREES 51 MINUTES 07 SECONDS WEST 31 . 80 FEET FROM SAID WESTERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY FOR THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 51 MINUTES 07 SECONDS EAST ALONG SAID EXTENDED SOUTHERLY LINE OF ELGIN AVENUE, 31 . 80 FEET TO THE WESTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 29 DEGREES 36 MINUTES 49 SECONDS EAST ALONG THE WESTERLY eft. RIGHT OF WAY LINE OF CHICAGO, MILWAUKEE AND ST. PAUL RAILWAY COMPANY, 47 . FEET; THENCE SOUTH 60 DEGREES 23 MINUTES 12 SECONDS WEST, 23 . 0 FEET; THENCE SOUTH 87 DEGREES 02 MINUTES 09 SECONDS WEST, 32 . 48 FEET; THENCE NORTH 03 DEGREES 08 MINUTES 37 SECONDS WEST 51 . 80 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS . , IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS (PROPERTY COMMONLY KNOWN AS 300 EAST ELGIN AVENUE) be and is hereby granted subject to the following conditions : 1 . Substantial conformance to the Conditional Use Application submitted by Voicestream Wireless, dated April 25, 2002 . 2 . Substantial conformance to the Development Plan submitted by Voicestream Wireless, dated April 5, 2002 and revised June 18, 2002 . 3 . 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. 4 . Compliance with all other 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. .40.` AarvIl Ed Schoc, Mayor Presented: July 24 , 2002 Passed: July 24, 2002 Omnibus Vote : Yeas : 7 Nays : 0 Recorded: July 25, 2002 Published: Attest : flow Dolonna Mecum, City Clerk . . • [[ FINDINGS OF FACT June 5, 2002 Zoning and Subdivision Hearing Board City of Elgin, Illinois SUBJECT Consideration of Petition 15-02 Requesting a Conditional Use in the CI Commercial Industrial District for a Conditional Commercial Antenna Tower; Property Located at 300 East Elgin Avenue by Voicestream Wireless, as Applicant, and Troy Bernstein and Bob Smith, as Owners. GENERAL INFORMATION Requested Action: Conditional Use Approval Current Zoning: CI Commercial Industrial District Intended Use: Conditional Commercial Antenna Tower Property Location: 300 East Elgin Avenue Applicant: Voicestream Wireless Owner: Troy Bernstein and Bob Smith Staff Coordinator: Todd Wyatt, Associate Planner LIST OF EXHIBITS A. Location Map (see attached) B. Zoning Map (see attached) C. Parcel Map (see attached) D. Aerial Photograph (see attached) E. Site Photographs (see attached) F. Conditional Use Application (see attached) G. Development Plan (see attached) H. Draft Conditional Use Ordinance (see attached) Exhibit A Findings of Fact Zoning and Subdivision Hearing Board Petition 15-02 June 5, 2002 re- BACKGROUND An application has been filed by Voicestream Wireless, requesting conditional use 1 for a conditional commercial antenna tower in the CI Commercial Industrial District. The subject property is located at 300 East Elgin Avenue (reference Exhibits A, B, C, D and E). The applicant is seeking to improve their wireless communication service within the City of Elgin and surrounding area. The applicant represents that they have made a diligent search of the area within the target area and have been unable to identify any existing structures of adequate height on which to place their antennas. In order to provide a higher quality of service, the applicant proposes to erect a new 130 foot telecommunications antenna tower. The tower and its equipment cabinet will be located on private property, a portion of which will be leased by the applicant. The leased space will be surrounded by a 6 foot high solid wood fence (reference Exhibits F, G and H). The proposed commercial antenna tower requires conditional use approval in the CI Commercial Industrial District. FINDINGS After due notice, as required by law, the Zoning and Subdivision Hearing Board held a public hearing in consideration of Petition 15-02 on June 5, 2002.The applicant testified at the public hearing and presented documentary evidence in support of the petition. The Community Development Group has submitted a Conditional Use Review dated May 17, 2002. The Zoning and Subdivision Hearing Board has made the following findings: A. Zoning History Findings. The subject property was zoned as follows for the years listed: 1927 G Industrial District 1950 F Industrial District 1962 M2 General Manufacturing District 1992 CI Commercial Industrial District Present CI Commercial Industrial District B. Surrounding Land Use and Zoning Findings. The property is located within a CI Commercial Industrial District. The areas to the north and south are undeveloped. The areas to the east and west are developed with rail lines. C. Trend of Development Findings. The near southeastern portion of the City has developed with a mix of commercial, industrial and community facility uses. 2 Findings of Fact Zoning and Subdivision Hearing Board Petition 15-02 June 5, 2002 ego-- D. Zoning District Findings. 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. The land uses provided for within the CI District are also provided for within other zoning districts, which in general are more in keeping with the purpose and intent of the zoning ordinance, and the goals, objectives and policies of the official comprehensive plan. 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 subject property is suitable for the intended conditional use with respect to the site characteristics standard. The subject property is an irregularly shaped parcel containing approximately 34,000 square feet of lot area. The property is improved with a one story masonry building and an accessory parking lot. 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 suitable for the intended conditional use with respect to the sewer and water standard. The subject property is served by municipal water, sanitary sewer and storm water control services. 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 is suitable for the intended conditional use with respect to the traffic and parking standard. The subject property is located on Elgin Avenue, a local street which terminates at the subject property. Elgin Avenue serves the non-residential uses on the southeast side of the city. H. 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 subject property is suitable for the intended conditional use with respect to it being located, designed, and operated so as to promote the purpose and intent of the zoning ordinance. 3 Findings of Fact Zoning and Subdivision Hearing Board Petition 15-02 June 5, 2002 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. 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. 1. Positive Attributes. The proposed conditional antenna tower will allow improved quality wireless communication service which will benefit the residents and businesses in the City of Elgin. The site is well suited to an antenna tower, as it is well removed from residential properties and from Elgin's principal gateways. 2. Location, Design, and Operation. 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. B. Summary of Unresolved Issues. There are no unresolved issues. C. Summary of Alternatives. Other than approval, denial, or an approval with some combination of conditions, there are no substantive alternatives. RECOMMENDATION The Zoning and Subdivision Hearing Board recommends the approval of Petition 15-02. On a motion to recommend approval of the conditional use, subject to the following conditions, the vote was six (6) yes and zero (0)no: 1. Substantial conformance to the Conditional Use Application submitted by Voicestream Wireless, dated April 25, 2002. 2. Substantial conformance to the Development Plan submitted by Voicestream Wireless, dated April 5, 2002 and revised May 8, 2002. Revisions shall be made per the Department of Code Administration and Development Services and shall ib* include the following revision: replace the existing chain link fence with a solid 6 foot high wood fence. 4 • Findings of Fact Zoning and Subdivision Hearing Board Petition 15-02 June 5, 2002 3. 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. 4. Compliance with all other applicable codes and ordinances. Therefore, the motion to recommend the approval of Petition 15-02 was adopted. Respectfully Submitted, (fdseeele Held; /42/ Claude Hamlin, Chairman Zoning and Subdivision Hearing Board // et David Sundland, Secretai Zoning and Subdivision Hearing Board 5