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HomeMy WebLinkAbout05/25/2006 P&Z minutes 06-06 MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-06-06 Hearing Date: May 25, 2006 PETITIONER: Township High School District 214, Keith Bockwoldt, Director of Technical Systems PUBLICATION DATE: March 8, 2006 REQUEST: MEMBERS PRESENT: Variation - Antenna height Chair Arlene Juracek Joseph Donnelly Leo Floros Marlys Haaland Richard Rogers Keith Youngquist MEMBERS ABSENT: Ronald Roberts STAFF MEMBERS PRESENT: Judith Connolly, AICP, Senior Planner Ellen Divita, Deputy Director of Community Development INTERESTED PARTIES: Keith Bockwoldt, Frank Pope Chairperson Arlene Juracek called the meeting to order at 7:30 p.m. Richard Rogers moved to approve the minutes of the April 27, 2006 meeting and Joseph Donnelly seconded the motion. The motion was approved 6-0. Chair Juracek informed the Commission that the Petitioner for case PZ-40-05 requested their case be continued. Richard Rogers motioned to continue the case to the June 22, 2006 Planning and Zoning Meeting; Joseph Donnelly seconded the motion. The motion was approved 6-0. After hearing two prior cases, Chairperson Juracek introduced Case Number PZ-06-06; a Variation request for antenna height, at 8:33 p.m. Judy Connolly, Senior Planner, stated that the Subject Property is located on the south side of Kensington Road, east of Forest Avenue, and contains a high school with related improvements. The Subject Property is zoned Rl Single Family Residence and is bordered by the RA District to the east, by the RX district to the south and by residential to the west and north which is located in Arlington Heights. She said the Subject Property has a regular shape and measures over 58 acres. The Subject Property includes a 46' tall roof mounted antenna that was installed prior to the Village adopting the existing regulations, as well as a 60' roof mounted antenna, which has subsequently been taken down. Ms. Connolly said Staff was contacted by a representative of the Petitioner seeking a Zoning Compliance letter for the 60' antenna installed prior to seeking relief from the Zoning Ordinance. She stated that Stafflearned about the antenna at that time and confirmed with the Village Attorney that while the State exempts schools from local building permitting processes, the schools must adhere to the local zoning regulations. She said Village zoning regulations limit the antenna to 10' in height. She stated that in order to obtain zoning compliance, the Petitioner is requesting a Variation for the 60' antenna. Although a building permit was not required, relief from zoning regulations must be obtained prior to installation of the antenna. Ms. Connolly showed exhibits documenting the location and size of the existing antennas. She stated that the site plan shows that the Subject Antenna is located on the roof of a three story building, and is a significant distance feet from the closest residential dwelling. Arlene Juracek, Acting Chair Planning & Zoning Commission Meeting May 25, 2006 PZ-06-06 Page 2 Ms. Connolly said the existing 46' tall antenna does not comply with the Village's zoning regulations. However, Staff was informed that it was installed before the Village adopted regulations limiting the height of a roof mounted antenna to 10'. Therefore, it is a legal nonconforming structure and allowed to remain. She stated a Variation would be required ifthe Petitioner removed it and sought to replace it with an antenna taller than 10' in height. Ms. Connolly stated that the second antenna measures 60' in height and exceeds the 10' height limitation for roof mounted antennas. She said the antenna is regulated by Village Code Section 14.313 Regulations for Personal Wireless Telecommunications Facilities because it is an unlicensed wireless service and is classified as a Personal Wireless Service facility per the 1996 Telecommunications Act. Ms. Connolly said the Petitioner is seeking Variation approval to allow the 60' antenna. She stated that after further discussions with the Petitioner, Staff learned that if the school's phone system fails, this antenna allows the school to maintain communications with District 214. She said Staff learned that the increased antenna height was necessary to maintain a line of sight with Forest View High School, which allows the schools to maintain communication if the phone system go down. She stated that the antenna is the primary support for the school's computers, lap tops, and HV AC system. Ms. Connolly stated that the Petitioner confirmed that the school explored alternative designs and equipment, but the alternatives had limited capacity and did not allow for adequate bandwidth and speed. She also said the Petitioner confirmed that the permitted 10' antenna height was inadequate as it cannot attain the necessary line of sight with Forest View School. Ms. Connolly said the Petitioner's application states that the antenna is a noncommercial antenna, which means it is not used to support or maintain service for a commercial cell phone carrier. She stated that the Petitioner will present information that confirms the antenna will not interfere with other technology systems or adjacent properties and that the 10' antenna cannot attain the necessary line of sight with Forest View School. Ms. Connolly stated that Staff received a significant number of inquiries regarding this case. Many, if not all of the people were surprised to learn the antenna had already been installed. Ms. Connolly said the Petitioner's request to maintain the existing 60' antenna meets the standard for a Variation because the permitted 10' height creates a hardship for the Petitioner: the school cannot maintain back-up emergency communications with a 10' tall antenna because the 10' antenna cannot attain the required line of sight. She stated that the increased antenna height will be used to benefit the school, and not for commercial purposes. Therefore, Staff found that the Variation request meets the standards for a Variation contained in Section l4.203.C.9 of the Zoning Ordinance. Based on this analysis, Staff recommends that the P&Z approve the following motion: "To approve a Variation to allow one 60' roof mounted antenna to be used only as specified on the Petitioner's application, and further modifications to the antenna require Village Board review and approval, for the school at 801 W. Kensington Road, Case Number PZ-06-06." Ms. Connolly stated that the Village Board's decision is final for this case because the amount of the Variation exceeds 25% of the Zoning Ordinance requirement. Chair Juracek asked if the commission had questions for Staff. Richard Rogers asked Staff if the proposed 60' antenna is replacing the existing 46' antenna. Ms. Connolly said that the 46' antenna, which is legal non- conforming, would remain in place and the variation is to reinstall the 60' antenna. Arlene Juracek, Acting Chair . Planning & Zoning Commission Meeting May 25, 2006 PZ-06-06 Page 3 Chair Juracek asked what the nature of the public inquiries were concerning this case. Ms. Connolly stated that most of the callers had seen the public hearing sign and thought that the issue might be another school related request. Chair Juracek then questioned if the Village mapping would reflect the need for the line of sight to remain clear between Prospect High School and Forest View School. Ms. Connolly stated that the maximum building height in Mount Prospect is 30' and the 60' antenna, placed on top of a 3-story building, should maintain that line of sight between the schools. Chair Juracek swore in Keith Bockwoldt, Director of Technology for Township High School District 214,2121 S. Goebbert Road, Arlington Heights, Illinois. Mr. Bockwoldt said the state-of-the-art communications system was installed by the District to maintain constant communications between the District buildings. Mr. Bockwoldt further stated that they would in fact, like to remove the 46' antenna currently on the building, leaving just the proposed 60' antenna. Mr. Bockwoldt showed exhibits demonstrating the elevations of the antennas atop the building. He also explained the construction needs and requirements for placing the antenna on the building. Mr. Bockwoldt explained that the intelligence of this system prevents any interference with residential or other commercial communications systems. Chair Juracek called for further discussion. Hearing none, the public hearing was closed at 8:48 p.m. Joseph Donnelly made a motion to approve the Variation as presented, Case Number PZ-06-06, Richard Rogers seconded the motion. UPON ROLL CALL: AYES: Donnelly, Floros, Haaland, Rogers, Youngquist, and Juracek NAYS: None Motion was approved 6-0. The case will go to Village Board for their consideration. Leo Floros made a motion to adjourn at 8:50 p.m., seconded by Joseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. mmunity Development ~ssistant Ii' H:IPLAN\Planning & Zoning COMMIPolZ 2OO6lMinuteslPZ.Q6.06 SOl K<llsington - Van.tion.doc