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TO: Mayor Richard C. Irvin
FROM: Planning Commission
DATE: November 22, 2017
SUBJECT:
Reconsideration of an Ordinance Granting a Special Use Permit for a Telecommunications Facility (4211) Use on the Property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road (Scientel Solutions, LLC - 17-00520 / NA07/1-16.162-Su/PD/Ppn/Psd/R - TV - Ward 10)
PURPOSE:
The Petitioner Scientel Solutions, LLC is requesting approval of a Special Use for a Communications Facility (4211) use on the easterly 75 feet of 245 N. Eola Road being south of Diehl Road and east of Eola Road which includes the installation of a 195 foot communications towner adjacent to a new 1,472 square foot Scientel Solutions headquarters building.
BACKGROUND:
The Subject Property is currently Vacant Land/Open Space with B-2(S) General Retail - Special Use zoning, which is part of the Eola Venture I Special Use Planned Development. Additional information on the legislative history of the property can be found in the attached Property Information Sheet.
The Petitioner is requesting approval of a Special Use for a Communications Facility (4211) use on the easterly 75 feet the property. The details of the request include the installation of a 195 foot lattice style communications facility which will be an accessory to the Scientel Solutions headquarters building. The new facility is proposed to be placed just to the east of the proposed building on Lot 2 of the subdivision.
The petitioner is seeking a Special Use to construct a tower within the I-88 Technology Corridor and to waive or reduce the burden on the application pursuant to Chapter 19 Article III Sec. 19-71(b) including:
a. Separation of the communications facility from residential structures and/or residential district boundaries (Sec. 19-68.p.1); The Special Use process allows for the Petitioner to seek a tower which is less than 500 feet from the closest residential structures and/or residential district, the request is for a separation which exceeds the requirement from a residential structure but is 350 feet from the closest residentially zoned property which is owned and utilized by DuPage County for the Illinois Prairie Path. The nearest residential use is 1,221 feet from the proposed facility.
b. Separation of the communications facility from other communication facilities (Sec. 19-68.p.2); The Special Use process allows for the Petitioner to seek a Category C tower (more than 150' and less than or equal to 200 feet) which is less than 2,500 feet from other Category C or Category D towers, the request is for a separation of 935 feet from the closest Category D tower.
d. Facility Setback requirement from any adjoining lot line (Sec. 19-68.o); The Special Use process allows for the Petitioner to seek a Facility Setback which is less than 75% of the height of the facility or 146.25 feet, the request is for a Facility Setback of 75 feet. The Petitioner is Requesting a Plan Description Revision to the Special Use Planned Development to add one General Contractor, or special trade contractor (off site work) (2900) as a permitted use on Lot 2 of the proposed subdivision.
Concurrently with this proposal,
The Petitioner is Requesting a Plan Description Revision to the Special Use Planned Development to add one General Contractor, or special trade contractor (off site work) (2900) as a permitted use on Lot 2 of the proposed subdivision.
The Petitioner is also requesting approval of a revision to the Preliminary Plan and Plat. The details of the request include a two lot subdivision of the Subject property with Lot 1 being shown as a future drive-thru restaurant use and Lot 2 being a 1,472 square foot General contractor or special trade contractor use with accessory outside commercial vehicle storage. The headquarters for Scientel Solutions, LLC is currently located in Lisle and once the building is constructed the company plans to relocate their headquarters to this location.
DISCUSSION:
Staff has reviewed the Special Use petition pursuant to the above stated provisions. There have been a number of inquiries regarding the installation of new towers in the area; leading staff to believe that, although there are several existing towers in the corridor, there is still a demand for even more connectivity. The Petitioner is requesting the installation of the tower in conjunction with, and as a necessary accessory use to, their new headquarters building, therefore it is a unique request.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
10.0 To provide for the orderly, balanced and efficient growth and redevelopment of the City through the positive integration of land use patterns, functions, and circulation systems. To protect and enhance those assets and values that establishes the desirable quality and general livability of the City. To promote the City’s position as a regional center.
11.1 (5) To guide and promote development to areas where public utilities, public roads and municipal services are either available or planned.
11.1 (3) To encourage new development contiguous to existing development.
RECOMMENDATIONS:
The Planning Commission recommended APPROVAL of the An Ordinance Granting a Special Use Permit for a Telecommunications Facility (4211) Use on the Property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Legistar Number: 17-00520
cc: Planning and Development Committee:
Alderman Michael B. Saville, Chairman
Alderman Sherman Jenkins, Member
Alderman Carl Franco, Member
Alderman William "Bill" Donnell, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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Reconsideration of an Ordinance Granting a Special Use Permit for a Telecommunications Facility (4211) Use on the Property located at 245 N Eola Rd being south of Diehl Road and east of Eola Road
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, Bankfinancial Fsb Tr#010997 is the owner of record of the real estate legally described on Exhibit “A”, attached hereto and incorporated herein by reference as if fully set forth, and hereafter referred to as Exhibit “A"; and
WHEREAS, by petition dated June 7, 2017, Scientel Solutions, LLC filed with the City of Aurora a petition requesting approval of a Special Use for a Communications Facility (4211) use on the easterly 75 feet of 245 N. Eola Road being south of Diehl Road and east of Eola Road; and
WHEREAS, after referral of said petition from the Aurora City Council, and after due notice and publication of said notice, the Aurora Planning Commission conducted a public hearing on September 20, 2017, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on September 28, 2017 the Planning and Development Committee of the Aurora City Council reviewed said petition and the before mentioned recommendations and recommended APPROVAL of said petition; and
WHEREAS, the City Council, based upon the recommendation and the stated standards of the Planning Commission, finds that the proposed Special Use is not contrary to the purpose and intent of Ordinance Number 3100, being the Aurora Zoning Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, Section One: That the City Council of the City of Aurora, Illinois finds as fact all of the preamble recitals of this Ordinance.
Section Two: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Four: That any section, phrase or paragraph of this Ordinance that is construed to be invalid, void or unconstitutional shall not affect the remaining sections, phrases or paragraphs of this Ordinance which shall remain in full force and effect.
Section Five: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, and pursuant to AZO Section 10.5 and Section 4.2-3 and City Code Article III., Chapter 19, Section 19-71 a Special Use permit is hereby granted for a Telecommunications Facility (4211) use for the real estate property legally described in Exhibit “A” as follows:
1. A communications facility height of up to one-hundred and ninety-five feet (195').
2. Separation of the communications facility from residential structures and/or residential district boundaries may be no less than three-hundred feet (300') from the closest residentially zoned property and no less than one-thousand one-hundred feet (1,100') from nearest residential use.
3. Separation of the communications facility from other communication facilities may be no less than 900 feet from the closest Category C or Category D tower.
4. Communication facility setback requirement from any adjoining lot line may be no less than seventy-five (75) feet.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Telecommunications Facility (4211) use and is subject to all of the conditions set forth herein which shall be binding and remain in full force and effect upon the property, the petitioner and their respective heirs, executors, administrators, successors, assigns and devisees for the duration of said special use.
Section Seven: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “B” within fourteen (14) days from the date of passage of this Ordinance and that said Special Use permit is granted.
Section Eight: That should any of the above-stated conditions not be met or that the property described in Exhibit “A” is not developed in accordance with the special use the City Council shall take the necessary steps to repeal this Ordinance.
Section Nine: That future proposals for expansion or intensification of whatever kind for the property legally described in said Exhibit “A”, except as provided for herein, shall be considered only upon proper application, notice and hearing as provided by Section 10.6 of Ordinance Number 3100, being the Aurora Zoning Ordinance.
Section Ten: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of B-2(S) General Retail District with a Special Use and upon termination of the use of said property for a Telecommunications Facility (4211) use, this Special Use permit shall terminate and the classification of B-2(S) General Retail District with a Special Use shall be in full force and effect.
Section Eleven: That this Telecommunications Facility (4211) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.