G49-05 Ordinance No. G49-05
AN ORDINANCE
GRANTING A CONDITIONAL USE FOR A
CONDITIONAL COMMERCIAL ANTENNA TOWER
(599 South McLean Boulevard)
WHEREAS, written application has been made for a conditional use for a commercial
antenna tower in the CF Community Facility District at 599 South McLean Boulevard; 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 commercial antenna tower in the CF Community
Facility District at 599 South McLean Boulevard and legally described as follows:
That part of Sections 22, 23, 26 and 27, Township 41 North, Range 8 East of
the Third Principal Meridian, described as follows: Beginning at the
Northwest corner of the Northeast quarter of the Southeast quarter of Section
22, thence Southerly along the West line of said Section 22 for a distance of
1038.80 feet to a point; thence Westerly along a line forming an angle of 88
degrees 11' to the right of a prolongation of the last described course for a
distance of 1843.60 feet to the center line of McLean Boulevard (State Aid
Route 18); thence Southwesterly along said center line, being a curve to the
left for a distance of 574.65 feet to a point; thence continuing in a
Southwesterly direction along said center line,being a straight line and tangent
to the last described point, for a distance of 404.0 feet to an angle in said
center line; thence Southwesterly along said center line a distance of 367.51
feet; thence Easterly along a line parallel with the South line of Section 22 for
a distance of 1038.8 feet; thence Southerly along a line that is perpendicular to
the North line of the Northwest quarter of Section 27 and the South line of the
Southwest quarter of Section 22 for a distance of 1620 feet more or less to the
South line of the North half of the Northeast quarter of said Section 27; thence
Easterly along said South Line of the North half of the Northeast quarter of
Section 27 for a distance of 2293.9 feet to the East line of said Northeast
quarter of Section 27; thence Northerly along said East line of the Northeast
quarter of Section 27 for a distance of 348.2 feet; thence Easterly along a line
that forms an angle of 90 degrees 12' to the right of a prolongation of the last
described course, said line also being the Southerly property line of the Elgin
Mental Health Center, for a distance of 1900 feet more or less; thence
Northerly along a line parallel to and 740 feet West of the East line of the
Northwest quarter of Section 26 of the Southwest quarter of Section 23 for a
distance of 1800 feet more or less; thence Easterly along a line parallel with
the South line of the Southwest quarter of Section 23, for a distance of 740
feet to the East line of the Southwest quarter of Section 23; thence Northerly
along the East line of said Southwest quarter of Section 23 for a distance of
1772 feet more or less to the Southerly right-of-way line of the U.S. Route 20
Bypass (Federal Aid Route 6); thence Northwesterly along the Southerly right-
of-way line of the U.S. Route 20 Bypass for a distance of 2643 feet more or
less to the West line of Section 23; thence continuing in a Northwesterly
direction along the Southerly right-of-way line of said U.S. Route 20 Bypass
for a distance of 1329.34 feet to the West line of the Southeast quarter of the
Northeast quarter of Section 22; thence South along said West line for a
distance of 113.44 feet to the place of beginning. Being situated in Elgin
Township, Kane County, Illinois, and containing 407.44 acres more or less
(property commonly known as 599 South McLean Boulevard).
be and is hereby granted subject to the following conditions:
1. Substantial conformance with the Statement of Purpose and Conformance,
prepared by T-Mobile, dated March 10, 2004.
2. Substantial conformance with the Site and Development Plans prepared by
T -Mobile, dated March 29, 2005.
3. Submittal of an inter-modulation interference study prior to issuance of a
building permit.
4. Compliance with all other 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.
r""' Ed Schock, Mayor
Presented: May 11, 2005
Passed: May 11, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: May 12, 2005
Published:
Attest:
t94044,--0 /lAte-e.414-1--
Dolonna Mecum, City Clerk
r
r
May 5, 2004
elk FINDINGS OF FACT
Zoning and Subdivision Hearing Board City of Elgin,Illinois
SUBJECT
Consideration of Petition 24-04 Requesting Conditional Use Approval for a commercial antenna
tower in the CF Community Facility District;Property Located at 599 South McLean Boulevard;by
T-Mobile, as Applicant,and City of Elgin, as Owner.
GENERAL INFORMATION
Requested Action: Conditional Use Approval
Current Zoning: CF Community Facility District
Existing Use: City of Elgin Fire Station#3
Property Location: 599 South McLean Boulevard
/* Applicant: T-Mobile
EE Owner: City of Elgin
Staff Coordinator: Janice Ward, Senior Planner
LIST OF EXHIBITS
A. Location Map (see attached)
B. Zoning Map (see attached)
C. Parcel Map (see attached)
D. Aerial Photo (see attached)
E. Site Photos (see attached)
F. Statement of Purpose and Conformance (see attached)
G. Site and Development Plans (see attached)
Findings of Fact Zoning and Subdivision Hearing Board
rib. Petition 24-04 May 5,2004
BACKGROUND
An application has been filed by T-Mobile,requesting conditional use approval for a commercial
antenna tower in the CF Community Facility District. The subject property is located at 599 South
McLean Boulevard(see exhibits A,B, C,D, and E).
The applicant proposes to install a 120 foot high monopole and associated equipment in a 400 sq.
foot lease area located on the Fire Station #4 property. The tower and equipment will be placed.
along the eastern edge of the site and will be enclosed by a 9 foot high solid wood fence.
Landscaping will be provided around the fence perimeter. The tower can support up to four
additional cellular communication carriers. Conditional use approval must be granted prior to the
establishment of the commercial antenna tower in the CF District(see exhibits F,G,and H).
The applicant has identified a portion of the city in need of improved coverage for its wireless
communication service. The applicant was unable to locate any existing buildings or other antenna
towers of suitable height within the designated search area to locate their antenna. Therefore,a new
commercial antenna tower would be necessary for the applicant to improve cellular coverage within
the identified search area.
The Telecommunications Act of 1996 establishes the federal standards for locating commercial
antenna towers. This act requires a municipality to approve a personal wireless services facility
within a designated area where there is no reasonable alternative to the requested location.
FINDINGS
After due notice,as required by law,the Zoning and Subdivision Hearing Board conducted a public
hearing in consideration of Petition 24-04 on May 5, 2004. The applicant testified at the public
hearing and presented documentary evidence in support of the application. Staff submitted a
Conditional Use Review,dated April 29,2004.
The Zoning and Subdivision Hearing Board has made the following general findings:
A. Zoning History Findings. The subject property was zoned as follows for the years listed:
1927: Out
1950: Out
1960: Out
1961 Out
1962: M-1 Manufacturing District
1992: B-3 Service Business District
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Present: CF Community Facility District
s, 2
Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-04 May 5,2004
B. Surrounding Land Use and Zoning Findings. The subject property is located on McLean
Boulevard and Spartan Drive. The Elgin Sports Complex, zoned CF Community Facility
District,is located to the south and west of the subject property. The area to the north of the
subject property is developed with a multiple family residential use, zoned PRC Planned
Residence Conservation District. Elgin Community College (ECC) is west of the subject
property and is zoned CF Community Facility District. Also to the west, on McLean
Boulevard, are NB Neighborhood Business District land uses.
C. Trend of Development Findings. The subject property is located within an area that has
developed with a mix of community facility, industrial, commercial and residential uses.
D. Zoning District Findings: 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.
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 part of a larger parcel(the Elgin Sports Complex)which consists of
407.44 acres.The subject property is improved with a Fire Station and an accessory parking
lot. Open space with natural vegetation exists on the north and east portions of the property.
The developed portion of the site is relatively flat. The topography slopes on the north and
east sides 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 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.
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Findings of Fact Zoning and Subdivision Hearing Board
A Petition 24-04 May 5,2004
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 at the intersection of Spartan Drive and McLean Boulevard.
Off street parking is currently provided in conformance with the Zoning Ordinance. Access
to the proposed use for construction and maintenance purposes will occur from the existing
driveway and parking lot area.
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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.
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.
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 proposed tower,in terms of design,location and operation,conforms
to the purpose and intent of this regulation.
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.
Positive Attributes. The subject property is located in the CF Community Facility District.
Approval of the proposed Commercial antenna tower as a conditional use will allow T-
Mobile to enhance coverage in the area. In addition,the City of Elgin will receive monthly
revenue from T-Mobile,based on a negotiated lease rate.
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• f.
Findings of Fact Zoning and Subdivision Hearing Board
Petition 24-04 May 5, 2004
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.
RECOMMENDATION
The Zoning and Subdivision Hearing Board recommends the approval of Petition 24-04. On a
motion to recommend approval of the conditional use, subject to the following conditions,the vote
was five(5)yes and zero (0)no:
1. Substantial conformance with the Statement of Purpose and Conformance,prepared by T-
Mobile,dated March 10, 2004.
2. Substantial conformance with the Site and Development Plans prepared by T-Mobile,dated
April 2,2004.
3. Submittal of an inter-modulation interference study prior to issuance of a building permit.
4. Compliance with all other codes and ordinances.
Therefore, the motion to recommend approval of Petition 24-04 was adopted.
Respectfully submitted:
'A . ai . .` ._%
Ro•ert Langl•*' hai
Zoning and Subdivision Hearing Board
a en Pruss, Secretary
Zoning and Subdivision Hearing Board
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