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HomeMy WebLinkAbout04/27/2000 ZBA minutes 12-2000 MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS CASE NO. ZBA-12-2000 Hearing Date: April 27, 2000 PETITIONER: Ayesha Zaheer for Cook Inlet/Voicestream PCS L.L.C. 1375 E. Woodfield Rd., Ste. 4000 Sehaumburg, IL 60173 PROPERTY OWNER: River Trails Park District SUBJECT PROPERTY: 1500 E. Euclid Avenue PUBLICATION DATE: April 10, 2000 DAILY HERALD REQUEST: Variation to permit construction of a 120-foot tall monopole personal wireless telecommunication facility at the Marvin Weiss Community Center MEMBERS PRESENT: Leo Floros Elizabeth Luxem Richard Rogers Keith Youngquist Arlene Jumcak, Chairperson MEMBERS ABSENT: Men'ill Cotten STAFF MEMBERS PRESENT: Seffery Perkins, Planner INTEND PARTIES: Ayesha Zaheer · : Charity Sullivan C_rraham Packer Dan Leafy Darren Davidson Robert and Traci Jacobson Chairperson Arlene Juracek called the meeting to order at 7:32 p.m. Minutes of the March 23, 2000 meeting were approved. Ms..luracek announced Cases ZBA-08-2000 and ZBA-13-2000 were postponed to the May 25, 2000 meeting At 8:00, afler hearing two other cases, Ms. Juracek introduced Case ZBA-12-2000, a Variation to permit construction cfa 120-foot tall monopole personal wireless telecommunication facility at the Marvin Weiss Community Center. Jeffery Perkins, Planner, introduced the case, stating that notice had been provided in the newspaper, mailed notices, and through signage on the property. He indicated this request was for a Variation to permit construction cfa 120-foot tall monopole personal wireless telecommunication facility at the Marvin Weiss Community Center Mr. Perkins distributed additional information presented by the applicant to the Zoning Board. He then described the proposed location of the facility as rephoing one of the existing light poles for the drying range at the park. He then talked briefly about the required findings for Vadatlons and reztated Staff's position that, although the trees on the site could be considered a hardship, they are not part of the "pa~icular physical surroundings, shnpe, or topographical conditions' of thc property. Therefore, no hardship justifying thc proposed Variation exists. He then gave staff's recommendation to deny the proposed Variation. Chairpc~on Arlene Juracek pointed out that the ~ference to Section 14311 should have been 14.313. Zoning Board of Appeals ZBA- 12-200r Arlene Juracek, Chairperson Page Richard Rogers noted the Prospect Heights Fire Department would be using this monopole for relay. Ms. Juracek inquired if there were other monopoles this high in the area. Mr. Perkins respond6d that the monopole in Mount Prospect Commons is the same height as the proposed monopole and was approved as a Conditional Use when it was erected. He also said there is an antenna structure approximately this height at the former TCI site. Ms. Ayesha Zaheer, of Cellular Realty Advisors, here on behalf of VoiceStream, was sworn in and testified that VoiceStream is a publicly traded company on the NASDAQ and is a leading provider of digital wireless communication in the western states. She said they have installations in 23 of the top 25 metropolitan areas in the country and they are the fourth largest provider of wireless communications in the U.S. Ms. Zaheer said VoiceStream is here today to request a height variation to the Mount Prospect Zoning Code, specifically the 70' height restriction. She pointed out that the River Trails Park District location is zoned Conservation/Recreation and that is the main reason they looked into this parcel to locate their wireless facility. Monopoles are permitted in that district by the Zoning Code. She explained that what they are actually requesting is a 110' monopole with a 10' antenna. VoiceStream wants to locate the monopole at the 4t~ light standard in from the east of the south end of the driving range in the large wooded area. They are seeking a total height variance of 50' (40' for the pole and a 10' antenna). Ms. Zaheer addressed staffs comments opposing a variation: physical surroundings - the wooded area has trees that may grow to 90' which would cause interference with the frequency waves if the pole were at the permitted 70~ height. Ms. Zabeer addressed staff comments regarding tree-trimming: Ms. Zabeer said if they were to attempt to do tree- trimming or removal, it would cause an alteration of essential character of property which would be counter-productive to the city standards of planting trees and encouraging plant growth. Ms. Zaheer called attention to a letter from River ~ Trails Park District forbidding them from trimming trees on the Park District land. Ms. Zaheer also said they ar, ~ allowing the Prospect Heights Fire Deparm~eat to share the monopole. She explained that the Fire Depal'tment also needs to clear 90' and needs 97' to do that; from that 97', VoiceStream will need a 10' separation. Ms. Zaheer addressed staffs comments regarding public welfare and safety: Ms. Zaheer said the proposed monopole meets all state and federal guidelines. She said their monopoles deflect no more than one degree and withstand 100 m.p.h. winds. The wireless facility is completely enclosed by a 6' high chain link fence with an alarm inside, and a 20' ladder would be required to climb the pole. Ms. Zabeer addressed the essential character of the property. She described the property as having 12 or more lightpoles, a driving range, a parking lot and numerous Park District amenities such as tennis courts, ball parks, etc., which also have light poles about 65' high, thus there are already numerous vertical elements on this property. Ms. Zaheer explained VoiceStream is especially sensitive to the character of the area and · attempted to align their monopole with the other light poles in order to remain unobmisive. She pointed out that, instead of being in front of the wooded area they will place the pole inside, tucked into the wooded area. The first 70' of monopole won't be seen as it will be screened by the existing wooded area. She also said the part of the facility that will be seen by the driving range will be screened with 4'-6' evergreens and English Ivy on the fence. Ms. Zaheer concluded by saying VoiceStream was here to provide service to our community through: (1) public safety, by providing space on the monopole to the Fire Department; and (2) facilitating communications. Ms. Juracek briefly outlined previsions of the Telecommunications Act of 1996, noting that the guidelines in the act address approval and denial of fecilities of this type; She pointed out that the Village's Code follows federal guidel!nes and states that any decision (made by the ZBA or Village Board) cannot interfere or prehibit pemonal wireless servtce,s to anyone Or unreasonably discriminate against any company that prevides personal wireless services. Ms. Suracek addressed Ms. Zaheer and said her understanding of the technology is that each tower covers a radius of a certain distance and VoiceSlream wants to locate these towers in such a way that the radii intersect, or else "dead areas' occur. Ms. Juracok asked Ms. Zaheer if VoiceStream had considered taller buildings, such as a local church c ...} buildings in Kensington Park, to locate the monopole. Ms. Zaheer responded by exhibiting graphic prepagation maps assembled by their radio frequency engineers. She explained that a good analogy would be a patchwork quilt which, if stretched or pulled tOO much, would fall apart. VoiceStream's network would fall apart and pre,Ado no coverage at all or 'hole in coverage' areas without proper spacing of cell towers. She presented a map showing ~covera~e~ without the oronoe, e~ ...... ~ ~ ...... ~- .... ~ Zoning Board of Appeals ZBA-12-2000 Arlene .luracek, Chairperson Page 3 much of the area with unreliable or no coverage, and no 911. Ms. Zaheer said the Park District site was the best location for providing service to the area, · Leo Floros asked if VoiceStream had r~eived any feedback from area residents. Ms. Zaheer said they had met with the Fairway Estates Homeowners Association at their annual meeting and those residents were receptive to the project. They provided the homeowners with the same handouts presented tothe Board. The association does not oppose their facility. Ms. Juracek asked if anyone in the audience wished to be heard. Tra¢i Sacobson, 226 Fairway Drive, had some informational questions. She wanted to know what the Park District was gaining from this project. Ms. Zah¢¢r said they had a lease and would be paying a monthly rental to the Park District. Ms. J'aoobson also asked what effect this would have on their home theater or sound systems. Ms. Zaheer said it would not have any effect on their systems, that they were required to stay within the frequencies licensed to them. Ms..luracek informed Ms. lacobson that another large cell tower exists at Golf and Busse and does not cause problems for the residents in that area. Keith Youngquist asked at what point the Prospect Heights Fire Department became involved. Ms. Zabeer said the Park District had conversations with the Fire Dopartmeot early in the process and it was a condition of their lease to allow the Fir~ Department to co-locate. Elizabeth Luxom said she is not against VoiceStream's project but did express her frustration with government agonoios not working together, as well as the Park District's and Fire Department's insufficient and last minute communication rogarding this project. She asked IeffPorkins if the River Trails Park District had any communication with him prior to the letter dated today regarding this project. Mr. Perkins responded that he had talked to Tom Pope of the River Trails Park District regarding tho variation process when the application was submitted, but not sinea then. Ms. Luxem said she did not like the lato date or the tone of the Fire Department and River Trails letter and felt the Village was being held hostage in this matter. She said she finds the attitude of the Park Distriot, and their unwillingness to work with the Village, irritating. Mr. Rogers said, in defense of Tom Pope, he is always cooperative with Village. He has worked with him and he does a great job in getting out to people and keeping them informed.. Ms. Suracek said we do have a philosophy to co-locate the monopeles as much as possible. Mr. Rogers said ho drove the a~ea, and the light standards are virtually invisible to the public except for homes looking down at tho are~ and ho said ho thought the monopole would not be very visible. Ms. Juracek agreed that the monopole would not be very visible. Leo Flores asked how wide the pole would be. Ms. Zabeer said it would be 40" in diameter at the base, which is never seen, to 12-14" diameter at the top. Mr. Flores sa.id he was against the cell tower at Rand & Kensington near the Auto Mall being erected but now finds it is unobtrusive. Richard Rogers made a motion to grant approval for ZBA-12-2000, a request for a Variation to permit construction of a 120-foot tall monopole personal wireless telecommunication facility at the Marvin Weiss Community Center, seconded by Keith Youngqulst. UPON ROLL CALL: AYES: Flores, Laxem, Youngqulst, Rogers, and Suracek NAYS: None Motion was approved S-0. Village Board's dcoision is final in this ease. oning Board of Appeals ZBA- 12-2000 Arlene Juracek, Chairperson Page 4 Motion was approved 5-0. Village Board's decision is final in this case. At 9:20 p,m., after hearing one more case, Elizabeth Luxem made motion to adjourt~, seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Sec~et~ary .~ff~erl~s, Planner