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TO: Mayor Thomas J. Weisner
FROM: Planning Commission
DATE: August 20, 2015
SUBJECT:
An Ordinance Granting a Special Use Permit for a Telecommunication Facility Use on the Property located at 800 Marseillaise Place (Fox Valley Park District / SureSite Consulting Group - L15-00553 / AU21/3-15.042-Su - TV - Ward 4)
PURPOSE:
The Petitioner, SureSite Consulting Group, on behalf of American Tower and T-Mobile, is requesting approval of a Special Use for a 110 foot stealth flag pole style telecommunications facility at Lincoln Park located at 800 Marseillaise Place.
BACKGROUND:
The Subject Property, being Lincoln Park, is located at 800 Marseillaise Place with P - Park and Recreation District zoning.
The Petitioner is seeking a special use permit to allow the construction of a new telecommunication tower within the P - Park and Recreation District zoning at Lincoln Park. The Petitioner is proposing to construct a 110 foot stealth telecommunications facility which will accommodate three carriers. The tower would double as a flag pole, with the U.S. flag at the top and one additional flag below. The proposed facility and associated equipment would be located within a 50 x 50 enclosed area at the southeast corner of the existing parking lot, just north of the existing building. The enclosure would consist of a 6' board on board wood fence with a mixture of shrubs and evergreens around the base.
DISCUSSION:
Staff has reviewed the Special Use petition, submitted by the petitioner and have sent comments back to them on those submittals. The petitioner has made the requested revisions to these documents and they now meet the applicable codes and ordinances, with the exception of the items mentioned in the Staff Recommendation listed below.
The Fox Valley Park District Board is supportive of the special use. In addition, this will aid in the service for the surrounding area.
Public Input: Due public notice was given for the public hearing on this matter. As of the date of this memo, staff has received public inquiries requesting additional information on this petition.
POLICIES AND GUIDELINES :
The Staff’s Evaluation and Recommendation are based on the following Physical Development Policies:
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.
12.0 To plan and provide for the growth of the city through the integration of land use patterns and functions that promotes complementary interactions between different land use components.
RECOMMENDATIONS:
The Planning Commission recommends CONDITIONAL APPROVAL of the Ordinance Granting a Special Use Permit for a Telecommunication Facility Use on the Property located at 800 Marseillaise Place with the following conditions:
1. At the request of the Fox Valley Park District, that the fence have a decorative lattice cap.
ATTACHMENTS:
Exhibit "A" Legal Description
Exhibit "B-1" Final Plan
Exhibit "B-2" Landscape Plan
Exhibit "B-3" Elevations
Exhibit “B-4” Fire Access Plan
Exhibit "C" Memorandum of Agreement
Land Use Petition with Supporting Documents
Property Research Sheet
Legistar Number: L15-00553
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
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An Ordinance Granting a Special Use Permit for a Telecommunication Facility Use on the Property located at 800 Marseillaise Place
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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, Fox Valley Park District is the owner of record of the real estate legally described on Exhibit “A”, attached hereto; and
WHEREAS, by petition dated June 17, 2015, SureSite Consulting Group filed with the City of Aurora a petition Requesting approval of a Special Use for a stealth flag pole style communications facility at Lincoln Park located at 800 Marseillaise Place and related required documents as attached hereto as Exhibits "B-1" through Exhibit “B-4”; 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 August 19, 2015, reviewed the petition and recommended CONDITIONAL APPROVAL of said petition; and
WHEREAS, on August 27, 2015, the Planning and Development Committee of the Aurora City Council reviewed said Special Use and the before mentioned recommendations and recommended CONDITIONAL 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, 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 all Ordinances or part of Ordinances in conflict herewith are hereby repealed insofar as any conflict exists.
Section Three: 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 Four: In accordance with Ordinance Number 3100, being the Aurora Zoning Ordinance and the Zoning Map attached thereto, Article III, Chapter 19, Section 19-71., a Special Use permit is hereby granted for a Telecommunication Facility use for the real estate property legally described in Exhibit “A”.
Section Five: That this Special Use permit hereby granted is solely for the purpose of a Telecommunication Facility 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 applicant and his respective heirs, executors, administrators, successors, assigns and devisees for the duration of said use.
Section Six: That the petitioner agrees to sign the Memorandum of Agreement attached hereto as Exhibit “C” 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:
1. At the request of the Fox Valley Park District, that the fence have a decorative lattice cap.
Section Seven: 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 plans attached hereto as Exhibits "B-1” Final Plan, Exhibit “B-2” Landscaping Plan, Exhibit “B-3” Elevations, Exhibit “B-4” Fire Access Plan, the City Council shall take the necessary steps to repeal this Ordinance.
Section Eight: 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 Nine: That the property legally described in Exhibit “A” shall remain in the underlying zoning classification of P Park and Recreation District and upon termination of the use of said property for a Telecommunication Facility use, this Special Use permit shall terminate and the classification of P Park and Recreation District shall be in full force and effect.
Section Ten: That this Telecommunication Facility use shall remain subject to compliance, except as herein modified, with the minimum standards of all applicable City Ordinances.
Section Eleven: That this Ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.