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O-02-97 02/24/97Village of Lemont 418 Main Street Lemont, IL 60439 -3788 ORDINANCE NO. U "� J /7 AN ORDINANCE APPROVING A SPECIAL USE AND VARIATIONS (PCS Facility - Cog Hill Golf Course) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 27a, day of 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 -1A day of , 1997. PIN 22 -27- 200 -009; , 1997. ORDINANCE NO. AN ORDINANCE APPROVING SPECIAL USE AND VARIATIONS (PCS Facility - Cog Hill Golf Course) WHEREAS, AT &T Wireless Services, Inc., hereinafter referred to as "the Petitioner ", is the lessee of an approximately 800 square foot parcel ( + / -), hereinafter referred to as "the subject property ", located at 12294 Archer Avenue, in Lemont, Illinois and legally described in Exhibit "A ". 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 allow a cellular antenna and equipment building in an R -1 Residential District and Variances; and WHEREAS, the Planning & Zoning Commission of the Village of Lemont, Illinois (the "Village ") did heretofore commence and conduct a Public Hearing on February 4, 1997 for approval of a Special Use and Variances; 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 President and Board of Trustees of the Village of Lemont, after a public hearing as required by law, approved a Special Use Permit and Variances; 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 and Variances as 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 to remain in the Village of Lemont's R -1 Single- family District, pursuant to Section VII -2 -j -7 of the Lemont Zoning Ordinance. SECTION 2: Variances. 1. Variance to allow a cellular antenna to be 51.5 feet in height instead of the maximum permitted 40 foot height, pursuant to Section VII- B -5 -b. 2. Variance to allow a chain -link fence to be eight (8) feet in height instead of the maximum permitted six (6) feet, pursuant to Ordinance 801, Section 5 -3. 3. Variance to allow a barbed -wire fence to be located in a residential district, pursuant to Ordinance 801, Section 6 -3. 4. Variance to allow a fence to be 28 feet from the front lot line instead of the minimum required 50 feet, pursuant to Section VII- B- 7 -a -(1) of the Lemont Zoning Ordinance. 5. Variance to allow the antenna structure and equipment building to be 36 feet from the front property line instead of the minimum required 50 feet, pursuant to Section VII- B -7 -a- (1) of the Lemont Zoning Ordinance. SECTION 3: Conditions. That said Special Use and Variances are subject to the following conditions: 1. The special use and variations shall substantially conform to the Site Plan, attached hereto as Exhibit "B ", and the Building /Tower Elevation Plan attached hereto as Exhibit "C ", except as such plans may be changed to conform to Village Codes and Ordinances and the conditions below. 2. Building permits for all improvements shall be applied for and all required inspections completed before issuance of an occupancy permit. 3. The barbed wire arms shall be removed and replaced to face inward towards the subject property. 4. The access driveway shall be paved with asphalt or concrete prior to issuance of an occupancy permit for the structure. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE LEMONT, CO NT ES OF COOK, DUPAGE AND WILL, ILLINOIS, ON THIS DAY OF l____ , 1997. Barbara Buschman Alice Chin Keith Latz Connie Markiewicz Rick Rimbo Ralph Schobert Approved by me this Att st: y AYES NAYS PASSED MEW V v v CHARLENE SMOLL N, Village Clerk y of ./�i EXHIBIT "A" LEGAL DESCRIPTION THAT PART OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 37 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN CENTER OF ARCHER ROAD AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 27 AFORESAID, WHICH SAID POINT OF BEGINNING IS MARKED BY A STONE AT THE INTERSECTION OF SAID CENTER LINE OF SAID ARCHER ROAD WITH THE WEST LINE OF THE NORTHEAST 1/4 AND SAID STONE IS FURTHER DESCRIBED AS BEING ON THE WEST LINE OF SAID NORTHEAST 1/4 AT A POINT 1.227 CHAINS NORTH OF THE SOUTHWEST CORNER OF THE WEST 1/2 OF THE AFORESAID NORTHEAST 1/4, THUS LOCATED AND FORMING PLACE OF BEGINNING; THENCE NORTH ALONG THE WEST LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 209 FEET; THENCE NORTHEASTERLY ON A LINE AND PARALLEL WITH THE CENTER LINE OF ARCHER ROAD, A DISTANCE OF 209 FEET; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID NORTHEAST 1 /4, A DISTANCE OF 209 FEET TO THE CENTER LINE OF SAID ARCHER ROAD; THENCE SOUTHWESTERLY ALONG THE CENTER LINE OF SAID ARCHER ROAD, 209 FEET TO THE PLACE OF BEGINNING, IN COOK COUNTY, ILLINOIS. LEMONT meet dFOth APPLICANT: COMMUNITY DEVELOPMENT DEPARTMENT 418 Main Street, Lemont, Illinois 60439 Telephone: (630)257.1595 LAND USE APPLICATION AT &T Wireless Services, Inc. . by their attorneys Richard Connor Riley & Associates PHONE: (630) 789 -1900 ADDRESS: 7600 S County Line Rd.. Ste 1 CITY: Burr Ridge STA TEJZIP: IL /60521 PLEASE CHECK ONE OF THE FOLLOWING: 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. lessee X Applicant is the * c of the subject property and has attached a copy of said contract to this application. Applicant is acting on behalf of the beneficiary of a trust. In the event that the subject property is held in trust, a notarized letter from an authorized trust officer Identi fying the applicant as an authorized individual acting in behalf of the beneficiaries and providing the name, address and percentage of interest of each beneficiary is attached to this executed application. SUBJECT PROPERTY INFORMATION: PROPERTY/LOCATION AND /OR COMMON ADDRESS: 12294 Archer AVenue, Lemont, Illinois Number of Acres: 800 Sg. Ft Tax Parcel No.: 22 -27 -200- 009 -0000 The following documents* should be attached as applicable: X Legal Description X List of surrounding property owners Preliminary Plat Sales Contract X Plat of Survey Final Plat X Final Plan/Site Plan Proof of Ownership (Deed or Title Insurance Policy) Landscaping Plan *Plats and Plans must be folded to 8 1/2 x 11" format (except mylar originals). TYPE OF REQUESTED ACTION: Preliminary Plan/Site Plan _Bank Trust Letter Other X -I Pa se Agreement Please check all that apply: A. ANNEXATION: Annexation Petition B. DEVELOPMENT/ SUBDIVISION: Prelim.Plan C. ZONING RELATED: Rezoning Petition from to Annexation Agreement Prelim. Plat Final Plan D. ;MISCELLANEOUS: X Special Use Application Variance County Case Review Street/Alley/Easement Vacation Text Amendment Other Final Plat Page 2 Land Use Application Submitted with this application is the required filing fee. The applicant understands that the fee is non - refundable. Please confirm the fee amount with the Planning Staff if there are any questions. S 1,000 ($500.00 Filing Fee, $500.00 Escrow Amount) X Notification to the Will -South Cook Soil Conservation District. X Endangered Species Act Report to Illinois Department of Conservation. OUALIFYING STATEMENT OF APPLICATION: Brief statement describing the proposed development: Pease see Attached Exhibit "A" Please attach additional sheets if necessary. Check here X if additional sheets are attached. Number of dwelling units N/A . Type of unit N/A Specifically requested variations to the Zoning and Subdivision Ordinances: A Special Use Permit: Section vil, titled "Residence Districts," Section B, titled "R -1 Single - Family Detached Residence District ", Part 2(j)(7) AUTHORIZATION: I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information and exhibits herewith submitted are true and correct to the best of may knowledge. The applicant invites Village representatives to make all reasonable inspections and investigations of the subject property during the period of processing this application. The applicant understands that they are responsible for posting of all hearing signs and mailing of all surrounding property owner notices as required under Ordinance No. 694, unless advised otherwise by the Village. STATE OF ALL4t4 IA' COUNTY OF OZDV--- Date . q(, I, the unders ned, a Notary Public in and for the said County and State aforesaid, do hereby certify that Vi is personally known to me to be the same person whose name Is subscribed to the foregoing instrument, and that said person signed, sealed and delivered the above petition as a free and voluntary act for the uses and purposes set forth. . ��� S-` A 6 "OFFICIAL SEAL" ; CINDY D. TSCHOSIK Notary Public, State of Illinois My Commission Expires 3/4/00 ■ Given under my hand and notary seal this (d day of /e i -ex A.D./ 'P & . My commission expires this day of (4 4—C-% A.D. d(oO . Signature RECEIVED BY PLANNING DIVISION: DATE AMOUNT RECEIVED BY: (PLANNING PERSONNEL) LIMUNT Village of Faith PLANNING & ZONING COMMISSION 418 Main Street, Lemont, 11 60439.3788 Febnuary 6, 1997 Mayor Richard A. Kwasneski and Board of Trustees Village of Lemont 418 Main Street Lemont, 11 60439 Terry Duffy, Chalrnuan Gary 1). (fray Thomas J. Motor Katherine 11. Murphy Ellen Pearron Ronald J. Stapleton .4cott Studsbaker Re; Case No. 96.28 Request for Special Use and Variations to allow an existing AT &T cellular telephone tower remain in the Village of Lemont's R -1 Single- Family Detached Residence District - PCS Facility, Cog Hill Golf Course Dear Mayor Kwasneski and Village Trustees: The Planning &. Zoning Commission conducted a Public Hearing on the above noted case on February 4, 1997. The petitioner's attorney, Michael McCrery, was present. The petitioner requested a Special Use and approval of several variances from the zoning ordinance. These requests included 1) Special Use to permit a cellular antenna and equipment building in an R -1 Residential District; 2) Variance to allow a cellular antenna to be 51.5 feet in height instead of the maximum permitted 40 foot height; 3) Variance to allow a chain -link fence to be night (8) feet in height instead of the maximum permitted six (6) feet; 4) Variance 10 allow a barbed -wire fence to be located in a residential district; 5) Variance to allow a fence to be 28 feet from'the front tot line instead of the minimum required 50 feet; 6) Variance to allow the antenna structure and equipment building to be 36 feet from the front property line instead of the minintuni required 50 feet. The Commission heard testimony by the Community Development Director and the petitioner's attorney. No one from the public spoke about the proposal. After consideration of testimony given by the petitioner's attorney and staft; the Planning & Zoning Commission voted unanimously in favor of granting the special use and approving the variations with thc inclusion atilt; Staff Recommendation. The entire Commission felt that the request fbr Special Use and the varian088 requested fully met the standards (ii approval of the variations especially since this was a unique situation where the antenna tower was already constricted. The petitioner had a building permit issued by Cook County due to thc Met that ticks was a time span between the Village's Annexation of this property and the filing date and since thc County was not aware of the annexation of the propw ty. S Terry Duffy Chairperson Lemont Planning & Zoning Commission LEMONT Village of Faith PLANNING & ZONING COMMISSION 418 Main Street, Lemont, I1 60439 -3788 MINUTES Terry Duffy, Chairman Gary D. Gray Thomas J. Metzger Katherine 11. Murphy Ellen Pearson Ronald J. Stapleton Scott Studebaker February 4, 1997 The meeting of the Lemont Planning & Zoning Commission of the Village of Lemont was held on Tuesday, February 4, 1997 at the Village Hall. The meeting was called to order by the Chairman, Terry Duffy. The following commissioners were present: Gary Gray, Tom Metzger, Kathy Murphy, Ellen Pearson, Ron Stapleton and Scott Studebaker. The following staff were also present: Scott Buening and Lisa Kean. A motion was made by Mr. Metzger and seconded. by Mr. Stapleton to approve the minutes of the January 22, 1997 meeting. Motion carried 7 -0. r-----..". PUBLIC HEARING A. PCS Facility - Cog Hill Golf Course - Request for special use and variations to allow an existing AT &T Cellular telephone tower to remain in the Village of Lemont's R -1 Single- family Detached Residence District. A motion was made by Ms. Murphy and seconded by Mr. Metzger to open the Public Hearing. Motion carried 7 -0 by voice vote. Mr. Buening stated that the request is to permit a cellular antenna equipment building in a residential district as a special use and also the following variances: 1 Variance to allow a cellular antenna to be 51.5 feet in height instead of the maximum permitted 40 foot height. 2. Variance to allow a chain -link fence to be eight (8) feet in height instead of the maximum permitted six (6) feet. 3. Variance to allow a barbed -wire fence to be located in a residential district. 1 4. Variance to allow a fence to be 28 feet from the front lot line instead of the minimum required 50 feet. 5. Variance to allow the antenna structure and equipment building to be 36 feet from the front property line instead of the minimum required 50 feet. The antenna structure and building is existing today because the petitioner, under the advice of Cook County, was under the impression that the property was located in unincorporated Cook County. This property was annexed to the Village in 1995. There was apparently some confusion as to whether it was actually in the village limits due to the delay between when the Village Board passed the ordinance and when we actually recorded the annexation with Cook County. Cook County may not have been aware that the property had been annexed. Mr. Michael McCrery, attorney for the petitioner, stated that Cook County issued them a building permit. He stated that this is a very good site. It is far away from residential. The traffic moves very quickly through this area making the antenna less noticeable. Mr. McCrery gave information on PCS advancements and grid patterns, etc. The grid patterns cannot be too close. He passed out information on the current locations of AT &T PCS sites in and surrounding Lemont. Mr. McCrery stated that if the tower height were decreased to 40 feet, they would not get the same amount of area coverage and they need seamless coverage. Ms. Murphy asked if Mr. McCrery was aware of any health or environmental risks by these towers. He stated that there were not and that they are made to project toward the horizon with their energy. This broadcast band in use has been around since World War II. Each antenna is typically 100 watts. Chairman Duffy asked if 50' was the typical height for these towers. Mr. Buening stated that the height varies depending on how far away the next tower is. Ms. Murphy suggested adding to the recommendation that the tower be removed if the residential area surrounding it is developed residentially. Mr. Gray stated that the homeowners would already know the tower was there when they bought the property. Mr. Studebaker asked if screening was required. Mr. Buening stated that the natural screening is already there. Mr. McCrery stated that he is in complete agreement with the staff recommendation. 2 Chairman Duffy asked the commissioners if anyone had a problem with any of the variances. They did not. Mr. McCrery stated that this tower will not have any affect or interference on the nearby residential. Mr. Gray made a motion which was seconded by Ms. Pearson to close the Public Hearing. Motion carried by voice vote. Ms. Murphy made a motion, which was seconded by Mr. Metzger to recommend to the Village Board the request for special use to permit a cellular antenna and equipment building in an R -1 Residential District and to approve the variances requested and also to incorporate the staff recommendations as follows: 1. The special use and variations shall substantially conform to the Site Plan, attached hereto as Exhibit "A ", and the Building /tower Elevation Plan attached hereto as Exhibit "B ", except as such plans may be changed to conform to Village Codes and Ordinances and the conditions below. 2. Building permits for all improvements shall be applied for and all required inspections completed before issuance of an occupancy permit. 3. The barbed wire arms shall be removed and replaced to face inward towards the subject property. 4. The access driveway shall be paced with asphalt or concrete prior to L issuance of an occupancy permit for the structure. Motion carried 7 -0 by roll call vote. GENERAL PLANNING Lemont National Bank will go to the Village Board on February 10, 1997. AGENDA February 18, 1997: Pre - application for Alan Meyer property Currently requesting 18 lots (prior 24 Tots) Public Streets, 50' public right -of -way, reduced pavement of 24' and sidewalks on one side of the street. March 4, 1997: Two Public Hearings 1 - McCarthy Road - R -1 to B -3 2 - 1009 State Street rezoning, R-4 to B -3 3 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION BY SCOTT BUENING, COMMUNITY DEVELOPMENT DIRECTOR GENERAL CASEFILE INFORMATION Case Number Commission Meeting Date Petitioner Request Location Parcel Number(s) Size Street Frontage Current Zoning Contiguous Zoning 96.28 January 21, 1997 AT &T Wireless Services, Inc. by Richard Connor Riley & Associates 1. Special Use to permit a cellular antenna and equipment building in an R -1 Residential District. 2. Variance to allow a cellular antenna to be 51.5 feet in height instead of the maximum permitted 40 foot height. 3. Variance to allow a chain -link fence to be eight (8) feet in height instead of the maximum permitted six (6) feet. 4. Variance to allow a barbed -wire fence to be located in a residential district. 5. Variance to allow a fence to be 28 feet from the front lot line instead of the minimum required 50 feet. 6. Variance to allow the antenna structure and equipment building to be 36 feet from the front property line instead of the minimum required 50 feet. 12294 Archer Avenue 22 -27- 200 -009 800 square feet( + / -) 20 feet on Archer Avenue R -1 Single Family Detached Residential District North, South and West: R -1 Single Current Land Use Contiguous Land Use Family Detached Residential District East: R -5 Single Family Attached Residence District Open Space (Golf Course) and Utility (Cellular Antenna) North, South and west: Golf Course East: Attached Residential Development (Under Construction) Comp Plan Designation Open Space Exhibits HISTORY 1. Exhibit & Information Packet (Includes Site Plan and Building Elevation Plan) 2. Area Map The property was annexed to the Village in 1995. The cellular antenna and equipment building were installed in late 1996. At that time, the petitioner was under the impression that the property was located in unincorporated Cook County. They obtained permits from Cook County to install the improvements, when the installation was noticed by the Village. Staff informed them of the need to obtain Village permits for the construction, and they subsequently applied for a building permit. Since the antenna does not meet all zoning ordinance requirements, the special use and variances were needed as proposed in this petition. CHARACTER OF THE AREA This parcel is a part of the Cog Hill Golf Course along Archer Avenue, just north of McCarthy Road. The golf course is located to the north, west and south of this property. To the east is The Steeples development, a townhouse subdivision which is under construction. The existing antenna and equipment building are located on a leased part of the Cog Hill property. DEVELOPMENT PROPOSAL The petitioner is requesting a special use to permit the operation of a cellular telephone antenna with an accessory equipment building. The petitioner is also requesting variations to the zoning ordinance to allow the existing improvements to remain as they are situated on the site. The special use and variations are detailed as follows: • Special Use to permit a cellular antenna and equipment building in an R -1 Residential District. (Section VII- B -2 -j- (7) ) • Variance to allow a cellular antenna to be 51.5 feet in height instead of the maximum permitted 40 foot height. (Section VII- B -5 -b) • variance to allow a chain -link fence to be eight (8) feet in height instead of the maximum permitted six (6) feet. (Ordinance 801, Section 5 -3) • Variance to-allow a barbed -wire fence to be located in a residential district. (Ordinance 801, Section 6 -3) • Variance to allow a fence to be 28 feet from the front lot line instead of the minimum required 50 feet. (Section VII-B- 7-a-(1)) • variance to allow the antenna structure and equipment building to be 36 feet from the front property line instead of the minimum required 50 feet. (Section VII- B- 7- a -(1)) If the special use and variances are granted, the petitioner would be permitted to keep the existing antenna and other improvements on the property. The petitioner would need to apply for and receive village building permits as well as all required inspections. Staff is requesting that if the barbed wire variance is granted, the arms be relocated so that they are facing inward. ZONING ORDINANCE /EVALUATION The zoning ordinance requires that certain standards be used by the Planning and Zoning Commission in evaluating whether a proposed variance should be granted. Accordingly, the Planning and Zoning Commission must consider whether granting a variance is justified because: a) the property cannot yield a reasonable return, b) unique circumstances exist on the property, and c) whether the granting of the variance will alter the essential character of the locality. In reviewing the variations requested, it appears that the variations meet these standards. If the variances were not granted, the property would likely not yield a reasonable return for AT &T as no antenna could be erected on the property. This would entail a significant financial hardship as the existing improvements would need to be removed. Unique circumstances exist in that while the property is zoned residentially, it is used as a commercial golf course. If the golf course were in a commercial district, it would not need several of the variances proposed. The antenna and equipment building would not alter the character of the locality. The antenna is located close to Archer Avenue, which is a high -speed arterial roadway. Other development in the area consists of a closed restaurant, a motel and a billboard. Cog Hill has several large signs in the area as well. The addition of an antenna will not change the character of this locality. In addition, the antenna height is low enough that it is barely seen through the adjacent trees. PUBLIC RESPONSE Staff has not received any inquiries from the public about the proposed variances. STAFF RECOMMENDATION Staff recommends approval of the special use and all variances as proposed. Cook County had approved this antenna under their ordinances, and the proposed variances appear to meet all of the required standards. However, staff would recommend the following conditions of approval: 1. The special use and variations shall substantially conform to the Site Plan, attached hereto as Exhibit "A ", and the Building /Tower Elevation Plan attached hereto as Exhibit "B ", except as such plans may be changed to conform to Village Codes and Ordinances and the conditions below. 2. Building permits for all improvements shall be applied for and all required inspections completed before issuance of an occupancy permit. 3. The barbed wire arms shall be removed and replaced to face inward towards the subject property. 4. The access driveway shall be paved with asphalt or concrete prior to issuance of an occupancy permit for the structure. . ... er, 1 K . At •••• \ ,,,, ••• 4' • • .1■0 •••• ••••• ••• ••••••• 1111 A. V •••••11, .11 OOP PAO. Pr .1.0 a I •1101,1•1•••• 1 ' \ .. . 14 71 / 4 ova vam.............r.................... , \ 0 OP IV AII• PIP!. 'AO I • PI I.. • We V VP)4 ........-,. WALL le WV. AL •■••• A. 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At At At AL Jta At AL AL LAIL AL At At AL AL At AL AL 1 - 1 0 AL AL EXCEPTION PALOS HILLS MEMORIAL GARDENS AL 0 0 LJ cn AL AL EXCEPTION •B-3 SUBJECT PROPERTY AL +L. At AL AL ilL