cover
TO: Mayor Robert J. O’Connor
FROM: Planning Commission
DATE: December 1, 2016
SUBJECT:
An Ordinance Granting a Special Use Permit for a Telecommunication Facility (4211) Use on the property located at 325 S. Union Street (Insite RE, Inc. - 16-01073 / AU27/2-16.181-SU - ES - Ward 3)
PURPOSE:
The Petitioner Insite RE, Inc. is requesting approval of a Special Use for a Telecommunication Facility (4211) for rooftop antennas and related equipment in an R-2 Zoning District located at 325 S. Union Street
BACKGROUND:
The Subject Property is located at 325 S. Union Street and is currently an industrial use with R-2 One Family Dwelling zoning. Aurora Cord and Cable is the longtime business here. The building is 3 stories, 50,050 square feet, and was constructed in 1913. The property has been zoned R-2 since 1957. Because the property is zoned R-2, the rooftop antenna request requires a Special Use. If the property had been zoned commercial or industrial or multi-family, it could have been approved as a building permit only, as it meets all other parameters of the City code. Otherwise, all provisions of the current and proposed Telecommunications Code are being met, including that the antenna be set back from residential property no less than 100 feet.
DISCUSSION:
Insite RE Inc., on behalf of T-Mobile will be adding new antennas to a portion of the rooftop as shown on the drawings. They will be attached to the penthouse section of the roof, but will extend no higher than 15 feet above the main parapet wall. This location on the roof is approximately 17 feet from the east wall, and 40' from the east property line along Union Street. The support equipment will be located in the basement. T-Mobile has evaluated their coverage areas and found a coverage gap in this area due to increasing demand for wireless communication services, such as data and mobile phone services.
POLICIES AND GUIDELINES :
11.0 To guide the growth of the City in an orderly and structured manner.
32.0 To enhance the positive and minimize the negative impact and relationships that the location, design and appearance of commercial activities have on traffic patterns and on the stability and vitality of surrounding neighborhoods, other commercial centers, and the City as a whole.
Staff has had no public inquiries of this project as of this date.
RECOMMENDATIONS:
Staff would recommend APPROVAL of the An Ordinance Granting a Special Use Permit for a Telecommunication Facility (4211) Use on the property located at 325 S. Union Street.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B" Memorandum of Agreement
Property Research Sheet
Planning Council Report
Land Use Petition & Supporting Docs
Overall Site Plan
cc:
Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Granting a Special Use Permit for a Telecommunication Facility (4211) Use on the Property located at 325 S. Union Street
body
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, Chris Court Llc 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 November 8, 2016, Insite, RE, Inc. filed with the City of Aurora a petition Requesting approval of a Special Use for a Telecommunication Facility (4211) for rooftop antennas and related equipment in an R-2 Zoning District located at 325 S. Union Street; 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 December 7, 2016, reviewed the petition and recommended APPROVAL of said petition; and
WHEREAS, on December 15, 2016, 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; and
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
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 Telecommunication Facility (4211) use for the real estate property legally described in Exhibit “A”.
Section Six: That this Special Use permit hereby granted is solely for the purpose of a Telecommunication 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 specifically contingent upon the following conditions:
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 R-2 One Family Dwelling and upon termination of the use of said property for a Telecommunication Facility (4211) use, this Special Use permit shall terminate and the classification of R-2 One Family Dwelling shall be in full force and effect.
Section Eleven: That this Telecommunication Facility (4211) use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.