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O-68-98 08/24/98VILLAGE OF LEMONT ORDINANCE NO. 626U'Yi AN ORDINANCE APPROVING SPECIAL USE TO PERMIT A CELLULAR ANTENNA AND RELATED EQUIPMENT IN THE R -4 RESIDENTIAL DISTRICT (731 Houston Street, Lemont, Illinois (water tower)) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 24th day of August 1998. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 24th day of August , 1998. ORDINANCE NO .0- (21P-9S AN ORDINANCE APPROVING SPECIAL USE TO PERMIT A CELLULAR ANTENNA AND RELATED EQUIPMENT IN THE R -4 RESIDENTIAL DISTRICT (731 Houston Street, Lemont, Illinois (water tower)) WHEREAS, Nextel West Corporation, hereinafter referred to as "the Petitioner," is the lessee of an approximately 32,006 square feet parcel, hereinafter referred to as the subject property," located at 731 Houston Street, in Lemont, Illinois and legally described in Exhibit "A"; and WHEREAS, the Petitioner made application under the provisions of the Lemont Zoning Ordinance of 1980 (No.426), for a request for a Special Use to permit a cellular antenna, up to nine (9) panel antennas onto the existing catwalk of the Houston Street water tower and place an equipment cabinet underneath, in the R-4 Residential District; and WHEREAS, a notice of the aforesaid Public Hearing was made in the manner provided by law and was published in the Reporter Progress, a newspaper of general circulation within the Village; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois (the' Village ") did heretofore commence and conduct a Public Hearing on July 7, 1998 and July 21, 1998, for approval of a Special Use; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, after a public hearing as required by law, recommended approval of the Special Use Permit; and WHEREAS, the President and Board of Trustees of the Village have determined that the best interests of the Village will be served by approving the Special Use Permit described herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS: SECTION 1: Special Use. The subject property described above is hereby permitted a Special Use to install personal communications services antenna and equipment cabinet on top of and adjacent to the water tower in the R-4 Residential District. SECTION 1: Conditions. The Special Use is subject to the following conditions: 1. Approvals shall substantially conform to the site plan, attached hereto as Exhibit "B," as such plans may be changed to conform to the Village codes and ordinances. 2. Approvals shall be contingent on the Village Board approving the Lease Agreement. If the Lease Agreement is denied by the Board, the Special Use shall be considered void. 3. A detailed landscape plan will be provided indicating a densely landscaped buffer adjacent to the eastern and southern property line where the tower is located. The plan will also indicate more decorative low maintain plantings betweer the proposed plantings. Landscaping shall be approved by the Village's Landscai. Consultant prior to the issuance of any permits. 4. If Nextel should cease to use the Houston Street facility or the Nextel FCC license is revoked, then Nextel Communication shall remove all equipment from the site within 60 -days of the license being revoked or 60 -days from the abandonment of the site. 5. All terms of the Lease Agreement shall be contingent on the Special Use Permit approval. Any violation of the Agreement shall constitute grounds to have the Village Board rescind the Special Use Permit. 6. If Nextel should fail to begin acquiring permits for construction after one (1) year has passed since the approval of the Village Board, Nextel will have to repetition for the Special Use. 7. Chain link fencing, with a green vinyl wrap, shall be provided around the base of the tower. 8. The cabinet housing the Nextel equipment was recommended to be maintaint . as proposed. 9. The siren would be investigated and removed from the site. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS 24th day of August 1998. Barbara Buschman Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Mary Studebaker Attest: AYES NAYS PASSED ABSENT RLENE SMOLLEN, Village Clerk Approved by me this 24th ay of . u • ust 1998. itTP7-1. KWASNESKI, Village President APP•IVED AS TO FO' I / %. lohn P. 77. onopoulos, ``J age Attorney Planning Department Village of Lemont 418 Main Street Lemont, Illinois 60439 PIN #: 22 -29- 223 -030 -0000 EXHIBIT A LOTS 16 TO 23 INCLUSIVE IN BLOCK 7 IN McCARTHY AND HOUSTON;S ADDITION TO JASNAGORA IN SECTIONS 20 AND 29, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. gi oil; . •.', ` til " gi g YI4i N n i " i • $ • i N ° s a 5 i N VI 111146 1 +rill YAM �� r a�11 /� �1 ams� YM O$a " EillEHE / f1A �YmrIW1 CONC. PAD V /TRANS. y ENLARGED SRE PLAN Iliiiii11 i " i • $ • i N ° s a 5 i N VI 111146 1 +rill ex i O$a " EillEHE / i 11111 '; 13!1110 ii li € PROPOSED EVERGREEN AROUND NEXTEL SITE ►�1F200i,/4 NEXTEL ANTENNAS ELEVATION 100'± EXISTING WATER TOWER PROPOSED NEXTEL EQUIPMENT ENLCOSURE CABINET NEW 6 FT. CHAIN LINK FENCE. REMOVE EXISTING FENCE ELEVATION VIEW CELIrISCH lowslOSMOM WONT WATER TOWN SITE 10 IL -3890 731 HOUSTON ST. LEHONT, ti 80439 i cnt -TOOI ►IROJOCT w SPOT 911; ELEVATION VIEW .r f.41. ICANT: 1 0 , 2 $ 4 , 2 . l .Oe - COMMUNITY DEVELOPMENT DEPARTMENT 418 Main Street, Lemont, Illinois 60.439 Telephone: (630)257.1598 LAND USE APPLICATION ,DDRESS: PHONE: (�0 X75— (viol? LEASE CHECK ONE OF THE FOLLOWING: STATE�ZIi?. Tt_ Cot Applicant is the owner of the subject property, is the signer of this application and has attached a copy of the deed or title insurance policy to this application. Applicant is the contract purchaser of the subject property and has attached a copy of said contract to t . application. his Applicant is acting on behalf of the beneficiary of a trust, the event. that the subject property is held in trust, a notarized letter from an authorized trust o )licant as an authorized individual acting in behalf of the beneficiaries and providing the name, address and ventage of interest of each beneficiary is attached to this executed application, officer identifying the yjECT PROPERTY INFORMA'rr0 )PERTY/LOCATION AND /OR COMMON )RESS: -731 ty.,e•e1-- ber of Acres: =I' • Z Tax Parcel No.: - 030 'following documents= should be attached as applicable: 'Legal Description X List of surrounding property g P party owners _preliminary Plat preliminary Plan/Site Plan ;ales Contract X Plat of Survey Final Plat X Final Plan/Site Plan Bank Trust Letter roof of Ownership (Deed or Title Insurance Poli c3')„�Landscaping Plan Other and Plans must be folded to 8 112 x 11" format (except mylar originals). OF REQUESTED ACTION: check all that apply: EX ATION: 'ELOPIVIENT/ DIVISION: Prelim.Plan Prelim. Plat Final Plan Final Plat LNG RELATED: Rezoning Petition from to _ Special Use Application Variance 2ELLANEOUS: County Case Review Street/Alley /Easement Vacation Text Amendment Other Annexation Petition Annexation Agreement ;e 2 ad Use Application ,mitred with this application Is the required filing fee. The applicant understands that the fee is non - refundable. ase confirm the fee amount with the Planning Stall' if there are any questions. 3c0.00 46... Notification to the Will -South Cook Soil Conservation District. Nip_ Endangered Species Act Report to Illinois Department of Conservation. ALIFYING STATEMENT OF APPLICATION: :f statement describing the proposed development: +ve e �'%a.s. k k ,�-et a4L.. r.w1 4O Q.:4A \ 4j t Te)r t..L°V NcL . tetv.vw.e. C450vivet - Jo a* i •bast° . ,se attacii additional sheets if necessary. Check here if additional sheets are attached. nber of dwelling units . Type of unit _ifically requested variations to the Zoning and Subdivision Ordinances: A Icy 'HORIZATION: reby affirm that I have full legal capacity to authorize the filing of this application and that all information and bits herewith submitted are true and correct to the best of may knowledge. The applicant invites Village esentatives to make all reasonable inspections and investigations of the subject property during the period of :essing this application. The applicant understands that they are responsible for posting of all hearing signs and ing of all surrounding property owner notices as required under Ordinance No. 694, unless advised otherwise by Village. TE OF JNTY OF Do Pale . 10.4g Date AAJ:e.JL.2).5-432iz=> Signature of Applicant e undersigned, a Notary Public in and for the said County and State aforesaid, do hereby certify that ' c. .i.g.k. ig • S4-12.1- 1rS, is personally known to me to be the same person whose name is cribed to the foregoing instrument, and that said person signed, sealed and delivered the above petition as a free voluntary act for the uses and purposes set forth. Notary Signat re i. \? SEAL" LAURA MAri, C 'RTELLO NOTARY PUBLIC. STALE ,;3: !.INOIS MY COMMISSION EXPIRES '101 n under my and and notary seal this a day of,7'Gy A.D. / My commission expires this day of C70✓1 A.D...200 /. :EIVED BY PLANNING DIVISION: 'E AMOUNT RECEIVED BY: (PLANNING PERSONNEL) tir P1 L 11 wig iii .. 1111111, :� 111 !Milli a "nisi p. . - , "1 .;i1II - Ili 1 Illlli _ y III 11111 ���_. Q ���111111111111 00 P i ° ., - L 10 Oil 1 Irk 11111 i,lur ll X 11,11111 - _ IIIII 1JIIti ioira 11111r 1111111p1 IIIInhI1111111ll w 1 111119I;IIll hIIII Illlirou 11 1� M14,pi.i 1.11u l —ray 1 . �' 11! !U III,IIIlIIIIIight, J .op1 Iillllinlllll�lu 11111111111 1 , lit '-' i 1 = Nit 3 . I� r� r xrp .� , 1 W r g 4 PLANNING AND ZONING COMMISSION STAFF REPORT BY JIM PERRY July 7, 1998 GENERAL CASE FILE Case Number Petitioner Request Location Parcel Number Size Street Frontage Current Zoning Contiguous Zoning Current Land Use of subject property Contiguous Land Use Comp Plan Designation 98.14 Michael B. Stern, Zoning Manager, Nextel Communications Nextel proposes to develop an antenna facility at the Village of Lemont tower. Nextel proposes to place a cellular antenna, up to nine (9) panel antennas onto the existing catwalk of the Houston Street water tower and place an equipment cabinet underneath. 731 Houston Street, generally located immediately north of Schultz Street on the east side of Houston. 22- 29- 223 -030 32,006 square feet 180 feet on Houston Street R -4, Single Family Residential North, R -4, Single Family Residential South, R -4, Single Family Residential East, R -4, Single Family Residential West, R -4, Single Family Residential Existing Village of Lemont water tower North, Single Family Residential South, Single Family Residential East, Single Family Residential West, Single Family Residential R -4, Single Family Residential Exhibits Land Use Application, Location Map, Site Plan and Building Elevations. CHARACTER OF THE AREA The area can be characterized as a well established single family subdivision, platted as the McCarthy & Houston's Addition to Jasnagora, recorded on April 15, 1892. The housing generally is very well maintained as most homes in the area were constructed in the mid to early 1900's. The water tower in question was originally constructed in 1962. The 300,000 gallon tower is 130' tall and was last painted in 1987. The tower was most recently inspected in spring of 1998 and was found to be in very good condition. DEVELOPMENT PROPOSAL Nextel Communication approached the Village approximately one (1) year ago to install a temporary antenna on the Houston Street water tower while they established a permanent facility on Smith Road. Since receiving approval for the Smith Road site Nextel has reconsidered making the Houston Street tower a permanent location. Most of the permanent equipment is already on the site. Nextel early last year installed each of the nine (9) panel antennas on the existing catwalk on the side water tower. In addition plans indicate the construction of an equipment cabinet adjacent to the tower base. The equipment cabinet will house the radio equipment necessary to transmit and receive Nextel service. The shelter will be constructed of a metal materials, with a six (6) foot by twelve (12) foot concrete slab. Other changes being presented as part of the proposal is the installation of landscaping and fencing around equipment cabinet. Plans indicate the installation of a six (6) foot chain link fence and the planting of nine (9) - eight (8) foot pine trees around the west and southern sides of the fencing area. PETITION REQUEST In residential zoning districts cell antennas/towers have historically been considered a unique use and have been required to follow the public hearing petitioning process for a Special Use Permit. Therefore, Nextel Communication is requesting approval of a Special Use Permit, as required under Village Ordinances. PUBLIC RESPONSE There have been a number of inquiries regarding information on this petition. A great majority of the requests were for information purposes, neither indicating they were in favor or against the petition. Also the Village did receive one (1) Freedom of Information Act request for a complete copy of the file. STAFF RECOMMENDATION After a detailed review of the request and negotiations regarding the terms of the Lease Agreement, stafli is recommending approval of the petition based on the following conditions: i. Approvals shall substantially conform to the site plan, attached here to as Exhibit "A ", as such plans may be changed to conform to the Village codes and ordinances; ii. Approvals shall be contingent on the Village Board approving the Lease Agreement. If the Lease Agreement is denied by the Board the Special Use shall be considered void; iii. Landscaping shall be approved by the Village's Landscape Consultant prior to the issuance of any permits; iv. If Nextel should cease to use the Houston Street facility or the Nextel FCC license is revoked, then Nextel Communication shall remove all equipment from the site within 60- days of the license being revoked or 60 -days from the abandonment of the site. v. All terms of the Lease Agreement shall be contingent on the Special Use Permit approval. Any violation of the Agreement shall constitute grounds to have the Village Board rescind the Special Use Permit. vi. If Nextel should fail to begin acquiring permits for construction after one (1) year has passed since the approval of the Village Board, Nextel will have to re- petition for the Special Use. Mayor Richard A. Kwasneski and Board of Trustees Village of Lemont 418 Main Street Lemont, IL 60439 RE: 98.14. A petition by Michael B. Stern, Zoning Manager, Nextel Communication requesting approval for a Special Use as a Unique Use to instal a permanent cellular communication system and related equipment to the Houston Street water tower, located at 731 Houston Street. Dear Mayor Kwasneski and Village Trustees: The Planning and Zoning Commission conducted a public hearing on the above noted case on July 7 and July 21, 1998. The petitioner, Nextel Communication, is requesting approval for a Special Use as a Unique Use for the purpose of installing a permanent facility at the subject location. Approximately one (1) year ago Nextel approached the Village requesting permission to instal a temporary facility onto the Houston Street tower while approvals were granted for another site located on Smith Road. Since receiving approval from the Village to install an antenna at the Smith Road location, Nextel is now approaching the Village to maintain the Houston Street site as a permanent location. The permanent equipment previously installed as part of the temporary communication system will preserved. The nine (9) panel antennas existing on the catwalk of the tower will not change. Plans indicate changes to the following: A. Relocation of the equipment cabinet, currently located adjacent to the tower base, will be moved directly under the tower base. The equipment cabinet will house the equipment necessary to transmit and receive Nextel service. The cabinet will be constructed of metal materials, placed on a six (6) foot by twelve (12) foot concrete slab; B. Installation of a new fence around the base of the water tower; C. Installation of landscaping. A landscape plan will be provided and approved by the Village Landscape Consultant prior to permits being issued. The Commission heard testimony by the Village Planner and the petitioner. Approximately 15 neighbors spoke against the petition. The neighbors were concerned mainly with aesthetics of the site. They were concerned about the following issues: preserving the existing oak trees; landscaping of the property; storm water drainage; construction of a brick building to house the Nextel equipment; wrought iron fence instead of cyclone fencing; debris, machinery, and the dumpster being stored on the property; paving the gravel drives; wires on the tower matching the tower color; lighting on the property; aesthetics of the new cabinet being proposed. No members of the audience spoke in favor of the petition. Following careful review of the request, the Planning and Zoning Commission voted 5 -0 in favor of the Special Use as a Unique Use application with the following conditions: a. Nextel would agree to provide the Village with a detail landscape plan indicating a densely landscaped buffer adjacent to the eastern property line, were the tower is located. The plan should also indicate more decorative low maintain plantings between the proposed plantings. Landscaping shall be approved by the Village's Landscape Consultant prior to the issuance of any permits; b. The Commission advised the petitioner that Aluminum fencing should be provided around the base of the tower instead of the Cyclone fencing being proposed. The aluminum fencing has the appearance of being wrought iron however is expensive; c. The cabinet housing the Nextel equipment was recommended to be maintained as proposed. The Commission advised the petition a brick building would be a maintenance problem for the Village; d. The siren would be investigated and removed from the site; e. Approvals shall be contingent on the Village Board approving the Lease Agreement. If the Lease Agreement is denied by the Board the Special Use shall be considered void; f. If Nextel should cease to use the Houston Street facility or the Nextel FCC license is revoked, then Nextel Communication shall remove all equipment from the site within 60 -days of the license being revoked or 60 -days from the abandonment of the site. g• All terms of the Lease Agreement shall be contingent on the Special Use Permit approval. Any violation of the Agreement shall constitute grounds to have the Village Board rescind the Special Use Permit. h. If Nextel should fail to begin acquiring permits for construction after one (1) year has passed since the approval of the Village Board, Nextel will have to re- petition for the Special Use. Sincerely, `r/ Terry Duffy, Chairperson Lemont Planning and Zoning Commission LEMONT Village of Faith PLANNING & ZONING COMMISSION 418 Main Street, Lemont, 11 60439 -3788 MINUTES JULY 21, 1998 Terry Dufr', Chair ran Gary D. Gray Thomas !. Metzger Katherine X. Murphy Eller Pearson Ronald J. Stapleton Scott Studebaker The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, July 21, 1998, at the Village Hall. The meeting was called to order at 7:04 p.m. by Chairman Terry Duffy. The following commissioners were present: Katherine Murphy, Ellen Pearson, Ron Stapleton and Scott Studebaker. Absent: Gary Gray and Tom Metzger. The following staff was also present: Jim Perry and Lisa Wuethrich. A motion was made by Mr. Stapleton and seconded by Ms. Pearson to approve the July 7, 1998 minutes with a correction on page 2 to read Mr. Stapleton asked if the inoperable siren can be removed. Motion carried 5-0. CONTINUED PUBLIC HEARING A. 98.14 request for a Special Use to allow personal communications services antenna and related equipment on top of and adjacent to the Village water tower at 731 Houston Street. Mr. Perry said that a number of public improvements have been done to the site by the Public Works Department, including paving, backfilling and seeding on the north side, sodding around the existing driveways, planting of flowers and the addition of decorative brick, removal of the brush and shrubs and blinds in the windows. Mr. Perry said that Dan Fielding, Director of Public Works, also plans to remove the existing dumpster and put in curb and gutter along Houston Street. Mr. Perry said that Nextel is still proposing to erect a cyclone fence and has not made any changes to their landscape plan. Mr. Perry said that in a meeting with himself, Mr. Fielding and Michael Stern of Nextel, a number of issues were brought up. Mr. Fielding said that he does not know who owns the inoperable siren, but will talk to the Fire Department. Mr. Fielding said that the construction of a brick building on the site would become a maintenance problem, as would painting the wires due to chipping and the need for repainting. Mr. Perry addressed some of the comments and questions raised at the Public Hearing portion of the meeting by stating that there will not be an infringement on the neighbor's oak trees and there is already an existing drainage problem on the site and the addition of the proposed concrete pad will not effect drainage. Mr. Perry said that the addition of the landscaping may even help the runoff. Mr. Perry said that Police Chief Jack Bluis said that the lighting on the site is for security reasons. Mr. Stapleton said that he agreed with Mr. Fielding about the brick building being a maintenance problem and is in favor of the wrought iron fence. Mr. Stapleton said that he would like to see the cables in conduit. Ms. Murphy said that she concurs with Mr. Stapleton and wants trees around the perimeter, particularly along the east property Tine, and is in favor of an iron or aluminum fence. Ms. Pearson agreed with Mr. Stapleton and Ms. Murphy and would like to see enhanced landscaping beyond what Nextel is proposing. Mr. Studebaker said that they make an aluminum fence that looks light wrought iron. Chairman Duffy said that the property is owned by the Village and there is a limit to the number of improvements that Nextel can do. Chairman Duffy said that he would like to see additional landscaping, as dense as possible, to the east side of the property, does not think that a sealed unit can be put around the cables, agrees with Mr. Fielding about the chipping paint on the cables, thinks that security is important, and does not have a problem with the existing fence. Chairman Duffy asked Mr. Studebaker to get Nextel information on the aluminum fence. A motion was made by Ms. Murphy and seconded by Ms. Pearson to approve case number 98.14 request for a Special Use to allow personal communications services antenna and related equipment on top of and adjacent to the Village water tower at 731 Houston Street, along with staff recommendations and four provisions: 1. Provide trees and landscaping on the east property line, if not the entire perimeter of the property; 2. Install iron or aluminum fence instead of cyclone; 3. Look into removing the inoperable siren; and 4. Have appropriate lighting looked into by Village staff. Motion carried 5 -0 by roll call vote. 2 PLANNING & ZONING MINUTES JULY 7, 1998 The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, July 7, 1998, at the Village Hall. The meeting was called to order at 7:05 p.m. by Chairman Terry Duffy. The following commissioners were present: Tom Metzger, Ellen Pearson, Ron Stapleton and Scott Studebaker. Absent: Gary Gray and Katherine Murphy. The following staff was also present: Scott Buening, Jim Fitzgerald, Jim Perry and Lisa Wuethrich. A motion was made by Mr. Stapleton and seconded by Mr. Metzger to approve the June 16, 1998 minutes. Motion carried 5 -0. PUBLIC HEARING A. A motion was made by Mr. Metzger and seconded by Mr. Stapleton to open the Public Hearing case number 98.14 request for a Special Use to allow personal communications services antenna and related equipment on top of and adjacent to the Village water tower at 731 Houston Street. Motion carried 5 -0. Mr. Perry said that the R-4 water tower property is located on the northeast corner of Houston Street and Schultz Street. Mr. Perry said that Nextel received a temporary permit approximately a year ago to install an antenna and related equipment. Nextel is now requesting permanent occupancy and to operate as a Special Use as a Unique Use in a residential area. Mr. Perry said that additional changes include the construction of an equipment cabinet adjacent to the tower base with a six foot by twelve foot concrete pad, replacement of the existing fence with a six foot chain link fence and the planting of nine pine trees along the western and southern sides of the fencing area. No changes are planned for the panels on the tower. Michael Stern, Zoning Manager of Nextel, said that this is the least obtrusive site Nextel has been granted in the Village. Mr. Stern said that coverage inside of town is less than satisfactory for their customers which is why Nextel is requesting permanent occupancy. Mr. Stern said that if the Special Use is not granted, customers in downtown Lemont will not be able to use Nextel services inside buildings. Mr. Stern said that they currently have six antennas on the tower and are requesting up to three more. The equipment cabinet would be moved from 1 outside the fence to under the tower. Mr. Stern said that the direct benefits to the Village include rental dollars that could be used to defer taxes and equipment credit that would allow staff to use Nextel services, which the Lemont Police Department currently uses. Mr. Stapleton asked why a cyclone fence is proposed instead of solid wood. Mr. Stern said that the difference is between safety and aesthetics and there are pros and cons for both types of fences. Mr. Perry said that the Public Works Director and the Police Chief are concerned about security and prefer the cyclone fence. Chairman Duffy asked if landscaping can be increased on the east side to create more of a buffer. Mr. Stern said absoulutely, something can be worked out. Mr. Studebaker asked if the inoperable siren can be removed. Mr. Perry said that he will look into it. Chairman Duffy asked Mr. Stern to explain downtown Lemont coverage. Mr. Stern said that antennas need to be placed at certain heights and the water tower is the highest point in town. Mr. Stern said that the two other Nextel towers are built in valleys for roadway coverage and were not built for in- building coverage. Chairman Duffy asked if other users can colocate. Mr. Perry said yes, as long as signals don't interfere with each other. Mr. Studebaker asked if bricking can be considered around the cabinet. Mr. Stern said that he is not sure if that will draw more attention to what is already there. Mr. Stern said that if the Village is considering multiple users, there will be multiple cabinets on the site. Kevin Thompson, of 807 Houston Street, said that he is requesting a 30 day period for additional comments from neighbors before a recommendation is given to the Board. Mr. Thompson said that he hopes Nextel can make the site more aesthetically pleasing; wants to be reassured that no other modifications will be done to the access road that may affect his oak trees; hopes that Nextel landscapes the site in addition to the nine proposed pine trees; hopes that other trees aside from pine can be planted; and would like to know the process of how the antenna was put up in the first place. Mr. Perry said that Nextel's original request was for a temporary permit, which is how the antenna became installed. Jerry Gianfrancisco, of 671 Schultz Street, lives next to the tower and wants to know how the tower was originally installed without notification. Mr. Gianfrancisco said that his water pump will be running constantly if anything additional is constructed. Mr. Gianfransisco said that he knew the tower was 2 there when he purchased him home but he had no idea the tower would become an erector set. David Brann, of 805 Houston Street, asked to restrict the size of the easement granted to Nextel or provide a written covenant that there will not be a monople antenna installed without a hearing. Mr. Brann said that the communications equipment adversely affects the property values of the homes in the neighborhood and should be enclosed in a brick building; a wrought iron fence with locks should be constructed instead of a chain link fence; the lot is an eyesore and is full of weeds; and Houston street is already in poor condition and additional truck traffic generated by maintenance needs will not help the road. Mr. Brann asked that the Village consider making these five provisions a part of Nextel's Special Use: remove the abandoned equipment; cease using the water tower lawn as a storage area for equipment and brush; pave the vehicle paths and footpaths; provide professional landscaping and sodding; and provide regular professional maintenance of landscaping. Richard Wilk, of 736 Houston Street, asked about the effects of the tower's radiative power and other health concerns. Mr. Wilk asked if the black wires can be painted to match the color of the tower. Mr. Wilk asked if there could be a "no tower" variance for future requests. Mr. Wilk said that Nextel is not a friend to the police community. Mr. Stern addressed some of the comments and concerns raised by the homeowners. Mr. Stern addressed the health concerns by stating that Nextel is within the radio emissions guidelines set by the Federal Communications Commission in the Telecommunications Act of 1996. Mr. Stern said that not just anything can be built on the grass areas because the main use is water utility and pipes currently exist there. Mr. Stern said that truck traffic on the property is nonexistent and a utility vehicle, such as a Jeep Cherokee, would only use the drive on a maintenance or emergency basis. Mr. Stern said that Nextel works with numerous public safety departments in the Chicagoland area and across the country. Roger Gauen, of 771 Kruk Street, said that he has received radio, TV and garage door interference but is not sure if it is caused by the tower. Mr. Gauen suggested that the Village solicit bids from numerous carriers first before granting a permit to one company. Tim Mathiason, of 806 Houston Street, said that the area should be maintained residential. Marilyn Koznarski, of 742 Houston Street, said that she can see the tower from her kitchen window and does not want to look at the cabinets. 3 Jeanene Gauen, of 771 Kruk Street, said that they see what is on the ground, not what is on top of the tower. Donna Brann, of 805 Houston Street, said that she spoke to numerous neighbors and does not remember hearing one positive comment about the tower. A motion was made by Mr. Metzger and seconded by Mr. Stapleton to close the Public Hearing. Motion carried 5 -0 by roll call vote. A motion was made by Mr. Metzger and seconded by Mr. Studebaker to move case number 98.14 request for a Special Use to allow personal communications services antenna and related equipment on top of and adjacent to the Village water tower at 731 Houston Street to a Workshop on July 21, 1998. Motion carried 5 -0 by roll call vote. PRE - APPLICATION A. 98.19 Request for Annexation and Preliminary Plat approval for a 108 lot subdivision on 55 acres between McCarthy Pointe and Carriage Ridge Estates, known as Woodhill Estates. Jim Fitzgerald, the Village Planning Intern, addressed a number of issues raised by staff. Mr. Fiztgerald said that staff feels a connection to Main Street is necessary to allow for greater accessibility of emergency vehicles, to. allow for a more defined entrance way into the subdivision and to decrease the amount of drive -thru traffic in neighboring subdivisions. Mr. Fitzgerald said that Fourth Street should be aligned as a relatively straight extension through the subdivision and is designated a collector street, or thoroughfare, in the Comprehensive Plan. Mr. Fitzgerald said that the Park District is most likely interested in the land adjacent to Northview Park for a park area. Mr. Fitzgerald said that there are currently large amounts of trees existing on the site and a conservation plan should be submitted. Mr. Fitzgerald said that the area along Main Street is comprised primarily of fill and ground boring tests should be done on that area and on each lot. Mr. Fitzgerald said that the proposed subdivision would need to be annexed into the Village. Walter Rebenson, CEO of R &R Realty Development Corporation, said that the proposed subdivision is consistent with the Comprehensive Plan and believes that Woodhill Estates will enhance the subdivisions to the east and west. Mr. Rebenson said that there are 109 proposed lots, not 108 as stated in staff comments. Of the 109 Tots, 70 Tots would be 12,000 square feet or more. Mr. Rebenson said that he has forwarded a letter to Bob Porter at the Park District. Mr. Rebenson said that they would need to donate two acres or $130,000 to the Park District and are willing to donate the land. Mr. Rebenson addressed a 4