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HomeMy WebLinkAbout8.5 1st reading of an ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW INSTALLATION OF AN ANTENNA SUPPORT STRUCTURE AND ASSOCIATED ACCESSORIES FOR PROPERTY LOCATED AT 1650 DEMPSTER STREET AND 1510 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOISMr�GauC �'d'+rt;�iect Item Cover Page Subject-..' ORDINANCE CONDITIONAL TO ALLOW INSTALLATION OF SUPPORTAN ANTENNA LOCATEDASSOCIATED ACCESSORIES FOR PROPERTY SOUTH• A D MOUNT PROSPECT, ILLINOIS Meeting December 1 A' MEETING OF • PROSPECT. BOARD Fiscal Impact Dollar Amount Budget Source Category NEW BUSINESS Type Action Item Information Background / Property History The Subject Property consists of an electrical substation located at 1650 Dempster Street and a portion of 1510 S. Busse Road, within one of ComEd's existing utility corridors. The substation is located on two lots; the existing substation is located on the entire lot currently zoned I-1 Light Industrial and only partially on the lot zoned R-1 Single Family Residential District. These two lots comprise the "zoning lot". Surrounding properties include B-3 Community Shopping and B-4 Commercial Corridor zoned lots to the west (liquor store, laundromat and restaurant), east (restaurant) and south (commercial strip center) of the Subject Property. Abutting the ComEd utility corridor and to the north of the Subject Property are R-4 Multi - Family Residential planned unit developments including the Dover Park Condominiums and the Greens Apartments. The Subject Property was annexed into the Village in 1963 under Ordinance No. 920. 1 Antenna Support Structure - The Petitioner proposes improvements to its substation to preserve and enhance the provision of electrical service. As part of ComEd's multi-year "smart grid" initiative which includes an upgrade of the existing electrical distribution communication system with newer technology and infrastructure, the first improvement includes the installation of a 104 -foot tall antenna support structure within the existing substation on the I-1 zoned portion of the zoning lot, just east of the western substation building. The proposed antenna support structure would enhance the provision of reliable electrical service and upgrade the existing electrical distribution communication system with newer technology and infrastructure. Per the Petitioner, the proposed antenna will emit radio signals exclusive to ComEd and communicate with ComEd's electrical devices/equipment on the electrical grid system. The proposed antenna will not be used for any commercial communication services (e.g., 5G or any other cellular telephone technologies). The conditional use is requested since the support structure would exceed the maximum height of seventy feet (70') under Section 14.305 which regulates radio, satellite and television antennas and towers. The antenna support structure would support five receiving and transmitting antennae to support approximately 250 monitoring and sensing devices to be installed in the Mount Prospect -area distribution circuits over the next two years. For proper system functioning, the lowest antenna would be installed at a minimum height of 35 feet to avoid foliage blockage and each additional antenna would be installed a minimum of 15 feet apart vertically, above the first antenna. The proposed antenna support structure will be situated approximately 7 feet east of the existing western substation control building, 114 feet from the northern fence line, 238 feet from the northern property line, 82 feet west of the western property line, and 153 feet from the southern property line. Landscaping - The second improvement is a comprehensive landscape screening plan around the perimeter of the substation. The landscape plans indicate a substantial amount of ground level screening proposed along the Dempster Street frontage, the northern fence, and portions of the east and west fences located within the transmission right-of-way. The proposed perimeter landscaping will be composed of a mixture of large deciduous shrubs, evergreen shrubs, perennials and grasses. Per code, the proposed shrubs will be three feet (3') tall at time of installation and will reach their mature height within three (3) to five (5) years. Per the project's landscape architect, the species of shrubs were chosen because the shrubs will reach the desired screening height of eight feet (8') to ten feet (10') along the north, west and east fence lines, to fifteen feet (15') for the taller evergreens along Dempster Street, and are durable and will tolerate the proposed location without substantial maintenance. Five different species of deciduous 2 shrubs and two species of evergreen shrubs were also selected as a precautionary measure against pests or disease. If either of these were to attack one species, the others would remain. There are twenty-two (22) existing trees across the Dempster Street frontage of which twelve (12) trees will be removed. Of these twelve (12), three (3) are dead (1 Austrian Pine and 2 Spruce). The remaining trees are Austrian Pine trees that are either planted within the 10 -foot security clear zone or are declining in health and have limbs that protrude into the 10 -foot security clear zone. The 10 -foot security clear zone is necessary to ensure there is no vegetation in close proximity to the fence which can be used to aid in an attempted climb over the fence, to ensure clear visibility of the area outside the fence so that security camera visibility is not impeded, and to eliminate potential hiding areas. Per Staff's request, a substantial amount of landscaping was added along the north fence and along portions of the east and west fences. However, staff is now proposing to eliminate these areas of landscaping as well as paring down the landscaping along the Dempster Street frontage in light of new comments received by the Mount Prospect Park District and Police Department. The Park District has requested that the areas of landscaping in the ComEd right-of-way be eliminated due to safety concerns and to deter people from camping, drinking, and residing within the tall bushes. The Police Department has echoed the Park District's concerns and also requested that the landscaping along Dempster Street be scaled down for safety issues. The Planning and Zoning Commission recommended to add a condition of approval that requires the petitioner to work with staff to prepare a revised Landscape Plan that addresses these public safety concerns. Staff Recommendation Staff is supportive of the conditional use request. From an aesthetic standpoint, the proposed antenna would be noiseless, unlit and would blend in with existing substation mechanical equipment and the taller utility towers within the ComEd right-of-way. Staff believes the proposed antenna support structure aligns with the Village Comprehensive Plan and would improve the reliability of an existing public utility to the entire Village. Staff recommends the elimination of the landscaping areas at the north, east and west fence lines, as well as scaling down the landscaping along the Dempster Street frontage due to public safety concerns. Planning Zoning Commission Hearing At the Planning & Zoning Commission hearing on December 9, 2021, the Commission voted to recommend approval of the request 5-0 (they also approved a variation for fence height and are final on that request). Primary discussion involved highly technical explanations for the proposed antenna support structure. KI One member from the public voiced concerns about the number of wireless devices that would be installed in the vicinity in order to upgrade grid reliability. There was no additional commentary from the public at the December 9th hearing. The Planning & Zoning Commission added a condition of approval that the Petitioner work with Staff to revise the landscape plan to address the public safety issues raised by the Police Department and the Park District. The Petitioner has submitted a letter requesting to waive the 2nd reading of the case. Alternatives 1. Approve a conditional use permit to allow for the installation of a 104 -foot tall antenna support structure, including a 4 -foot tall lightning rod atop and five (5) monitoring antennae, subject to the conditions listed in the staff report for PZ -17-21 and discussed at the Planning & Zoning Commission meeting on December 9, 2021. 2. Discretion of the Village Board. Approval 1. A conditional use permit to allow for the installation of a 104 -foot tall antenna support structure, including a 4 -foot tall lightning rod atop and five (5) monitoring antennae, subject to the following conditions listed in the staff report for PZ -17-21 and discussed at the Planning & Zoning Commission meeting on December 9, 2021. ATTACHMENTS: PZ -17-21 Administrative Content.pdf PZ -17-21 Plans.pdf PZ -17-21 Public Comments.pdf PZ -17-21 Staff Report.pdf PZ -17-21 Minutes.pdf PZ -17 -21 -2nd Reading Waiver Request.pdf CU PZ 17-21_Choi- FINAL. pdf 4 Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 818-5328 Zoning Request Application Official Use Onl (To be completed try Village'Staff) Case Number: PBZ - - Date of Submission: Hearing Date: Project Name/Address: I. Subject Property Address(es): 1650 Cern ster St. and 1510 S. Bug -se, Ed., Motint Er 1-1 and R-1 7.4 acres (appy Zoning Distrct (s): Pro art Area (5qFt. and/or Acrea e): Parcel Index.Number(s) (PIN(s): 08-15-400-0191 08-15-400-084 and 08-15-400-085 ll. Zoning Request(s) (Check all that apply) ® Conditional Use: For installation of 100' tall ComEd-only antenna support structure wi install 11' expanded metal fence with 12" 4 11 tning ro on Variation(s): To y -s a ar ware on op wa our 1�C HT1 ❑ Zoning Map Amendment: Rezone From To security functions ❑ Zoning Text Amendment: Section(s) ❑ Other: III. Summary of Proposal (use separate sheet if necessary) Install 104" antenna su ort structure for ComEd electrical rid monitELnkand relia enhancements. Replace the existing 7' chain link fencing with 1' barbed wire on top 11' tall security fencing plus 12" of y -shaped barbed wire with four _16' tall posts u rtin the fence a d oche securityfunctions. -plan See Addendum for complete details. IV. Applicant (all correspondence will be sent to the applicant) Name: Scott Saef Corporation: Sidley Austin LLP Address: One South Dearborn Street City, State, ZIP Code: Phone: 312-853-4159 Email: ssaef( sidle i. com Interest in Property: huy12 1 TCve raper, iessee, architect, etc...) 1 ailit in 5 V. Property Owner ❑ Check if Same as Applicant Name: Corporation: Comwnweelth Edison Sae .ler.at, Address: 3 Lincoln Centre, 4th Floor City, State, ZIP Code: Oakbrook Terrace, IL 60181 Phone: 630-576-6396 Email: jo H1Chra t@ComEd.Com information- In consideration of the containedIn thispetition applicant requested that approval, be given to this request. The owner of the property. Thei petitionier « owner of prospect and their agenVs permission toenteron property subjectthe property. Information provided aw application are, true and accurate to the best of my knowledge. 01Applicant: .0 " Date: (S-ignatute) e5 or♦' If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning request(a) described in this application and the associated supp ng met dal. 2� Property Owner:.. 1. Cate: E5� 2u 2 (S tore) hoc 6 AL (t 2� (Irina orypa Name) Ij Affidavit of Ownership COUNTY OF COOK STATE OF ILLINOIS I & + #.-c U rL + i , under oath, state that I am (print name) ❑ the sole owner of the property ❑ an owner of the property ® an authorized officer for the owner of the property commonly described as 1650 Dempster Street, PIN 08-15-400-019, 08-15-400-084 and (property address and PIN) 08-15-400-085 and that such property is owned by COIEwmealth Edison COTPany.. as of this date. (print name) Signature Subscribed and sworn to before me this �= day of Att6U,5"T ,20Ll. r Notary Public ---------- OFFICK SEAL NANCY R CARRINO NOTARY PUBLIC - STATE OF ILLINOIS MY CO6M� ISSION EXPRE5:090/23 ......... ........... Submission Requirements Checklist asohmif nna nrialinal (i I set of the information listed below: IMPORTANT INFORMATION FOR SUBMISSION All required items, Including plans, shall be folded not to exceed 8 112-" xW in area. All required plans/drawings shall indicate the following basic information: a. Name of development(project; b. Property address', c. Date of preparation and any subsequent revisions; d. scale, both In nurnerals and graphic, and a. North arrow. please note zoning app,110800ins will not be reviewed until all of required items have been satisfactorily submittals will not be accepted. it is strongly suggested submitted to the Planning Division. 1111cOmPlete that materials YIMMW Plan •..Dlvision before the application deadline so can be reviewed for accuracy and completeness. 4 L-1 ITEM 1. 2. Zoning Request Application (pages 1-2) Affidavit of Ownership (page 3) Gg 3. Proof of Ownership (e.g. warranty deed, etc.--) 4. Paid receipt of the most recent tax bill a. Document indicating intent to buy or lease _AZa_ ❑ S. Responses to applicable standards (pages 5-6) see attacFeT enTu_m_'_ 7. Plat of Survey that accurately reflects current conditions a. Plans (drawn to scale): Site Plan, including a zoning data box with the existing and proposed building setbacks, floor area, a. overall lot coverage, and parking; b. Building Elevations (existing and proposed); c, Floor Plans (existing and proposed); d. Engineering Plans; e. Landscape Plan and Tres Preservation Plan; f. photometric Plan; g. Sidn Drawings; h. Traffic Study, if required; I. List of all current tenants and vacant space if a multi4enant building. include square feet of each unit; and j. Other Information, as determined necessary by the Village Staff, 9. Legal Description saved as a Microsoft Word file jo. LISS Flash Drive or compact disc (CD) with all items listed above 11. Application Fee(s) (page 7) ----------- IMPORTANT INFORMATION FOR SUBMISSION All required items, Including plans, shall be folded not to exceed 8 112-" xW in area. All required plans/drawings shall indicate the following basic information: a. Name of development(project; b. Property address', c. Date of preparation and any subsequent revisions; d. scale, both In nurnerals and graphic, and a. North arrow. please note zoning app,110800ins will not be reviewed until all of required items have been satisfactorily submittals will not be accepted. it is strongly suggested submitted to the Planning Division. 1111cOmPlete that materials YIMMW Plan •..Dlvision before the application deadline so can be reviewed for accuracy and completeness. 4 L-1 Affidavit of Public Notice Zoning Case # PZ -17-21 I Scott Saef, attorney for CAr oath, t tha I a ties petitioner of the zoning case number listed above regarding the property located at wlter�10 �t'i. e I hereby affirm that a copy of the public notice was mailed out to all property owners of record within two hundred fifty feet (250'), exclusive of right of way width, of the subject property no more than thirty (30) days nor less than fifteen (15) days prior to the public hearing scheduled on December 9 2021 I also certify to submit any returned mail from the United States Postal Service of said property owners to the Village of Mount Prospect Community Development Department. I fully understand that in the event that public notification are not mailed out as per public hearing procedures stated in the Zoning Code of the Village Code, then the Village of Mount Prospect may elect to reject the zoning application and the permit for which I am applying will not be approved (or work in progress pursuant to the permit will be stopped) until proper public hearing procedures are followed / Petitioner: Date: r (s gnature' Scutt , aef (print name) Subscribed and sworn to before me this e;�-2' I-& day of Iv CV el t 61f , 20 . nl Notary Public "OFFICIAL MEAL" MICHELLE PON ARELLI NOTARY PUBLIC, STATE OF IWNOIS MY COMMISSION EXPIRES 4/26/2023 11:TLAMApphuii—\U0Wd Applications 2010\Affidwit uMbli. N.6.e090409A.. 9 .gIRTIrICATE OE MTHDRAWA3678712 This is to certify that Commonwe,alth EdIS20 a Corporation the registered owner(s) of the following described lands situated In the County of Cook, State of Illinois, the title to which has been heretofore registered under the laws of the State of Illinois, to wit: SEE ATTACHED having heretofore filed a petition for the withdrawal of the title to said lands from the registry system; NOW, THEREFORE, the title to said above described lands has been withdrawn from the effect and operation of the title registry systems of the State of Illinois and the owner(s) of said lands (is/are) by law authorized to convey, encumber or otherwise deal with the title to said lands In the same manner and to the same extent as with the title to lands that have M . not been registered. Witness my hand and seal this_ S�_d of Registrff of Titles fqf fook County Certificate No. Vol. * Page * * See list attached LR No. Party in title: Commonwealth Edison Coen any 10 1 7.3 That part of LOT TWO (9M In Edward Busoot# Division of part of Ike Southeast Quarter (1) of section i tneea0dl, end the Yortheast Quarter lIl of Section Twonty-Two 1271, Township Fora-One (41) Worth, Hangs Eleven (1I). East of the Third Principal Moridloo, as recorded December IT. 141#, ss Document Number 4e46346,in gook Counly, Illinois, described as (ollowi t- Commencing at a point in the Old center line of Algonquin hood which Is Two Hundred Teo (310) (a*I East of ( mongered of right angles 10 the West line of the Eaatt Half (1) of said Southeast Quarter (1) , thence North along a lite 'two Hundred Ten (310) test East of and parallel slth the West line of the East Half 11) of said Sostheent Quartet t1) a distance of One Hundred Three and Five Hundredth# (103.001 foot to an, angle point, thence Northeasterly along a diagonal line drawn from said angio point to It point In the East lino, of said Lot Two (3) which is Three Hundred Twenty- Six and Twenty- Vivo Hundredths (330.35) foot North of the South tine of eald Section Fifteen (15) 1 as measured along the East lloe of said Lot Two (31) a distance at Three Ifundrod Thirty-Throe and Eighty- Five Hundredths 1333. 35) feet for a point of beginning of This parcel of land I said point of boglttiting is Six Hundred Thirty-Six and Eight Hundredth* M. 04) tool Southwesterly of the East'llne of said Lot Two 131 on measured slon j said dlago0al Lino); theses Southeasterly lion# a lino drawn at right angles to said disgoasal line a diatpncs of Two Hundred Nineteen and Elghly-Two Hundredths MO. 021 tort to the Intorsoctton of said line with the South line of said Southeast Quarter (1), Mean East along said South Lino a distance of Four Hundred Four nod Fifty-Nine Hundredths 4404. !91 feet to a point which is Ono Hundred Eighty-Ono fill ) real West of the Rost Lino of said Lot Two (3). taelee Numb along a line drawn #1 rijbi onglos to said Soutit Lino a distance of Two Hundred Ninety- Four (3441 foot to the Intersection of sold Ileo *fib the aforesaid diagonal line ( eiid Interseclift bels# One Hundred Eighty-31st and Eighty- Ftvs Hundredths (1041, 35) foot Soullmosteriy of the East fine of it" Lot Two 13) so measured alae# said diagonstl Unith thsttee Southwesterly along esJd'dl,line a distance of Four Hundred f+brty-Nino and TeootyiThres Hundredths 1449.231 tat to tho point of beglaalng of this pascal of Lad. 400-019 lloo EAST DEMQSTIA ST A "t s . rte 11 L' (2. 11 v -S,0 That part of Lat Two (21, detertbed as folloirm- 16#glanlog at a polio al the Intersection at the old center tine of Algonquin Road, with in* Wool lino of the hast Half (1) of the Southeast Quarter (j) of said Section riReon 115), which point to a dtatanoe of One Hundred sixty three and sixty four hundredths (163. $41 toot North of the Southwest corner of sold East Half 11) of the Southeast Quarter (j); thence North along the West line of said test Half (1) of the Southeast Quarter (j), a distance of One hundred seventy one and ninety two hundredths (171.92feat to an angle point; thence Northeasterly along a dlsgonal line drawn from said point to a point in the East tin# of said ion Two (2). which Is a distance of rive hundred thirty nine and eighty hundredths (636.60) toot North of the South line of #old Section rlfteen (13) (ss measured along the East tin* of said tat Two (2), a distance of one thousand one hundred eighty three and sixty hundredths (1163.60) foot to the rest line of said Lot Two (2), thence South along the East line of said Lot Two 121, a distance of Two hundred thirteen and fifty-five hundredths (213.56) test to a point which I# two hundred ten. 12101 feet Southeasterly of (measured at right angles to) and parallel with the aforesaid diagonal line; thence Southwesterly along oofd parallel lint, a distance of nine hundred altny nine and ninety three hundredths (961.90 fact to the intersection of said parallel line wtth a line which it two hundred ten (210) test East at and parallel with the Weal tint of said East Halt (1) of the Southeast Quarter (j); thence South along said parallel lint, a distance of One Hundred three and five hundredths 1103.03) toot to the intersection of told parallel line with the old center line of Algonquin Rood; thence Northwesterly along the old center line.of Algonquin Road, a distance of Two huwdred thirty five and thirty two -hundredths (295. 321 feexto the point of beginning. Of EDWARD HUSSE'S DIVISION of part of the Southeast Quarter 11) at Section 16, and the Northeast quarter (J) of Section 22, Township 41 North, Range 11, Reel of the Third Principal Meridian, as per Ptd recorded in the Recorder's Office of Cook County. Illinois, December 17, 1916 to Document No. 6666216. I �So a- alt ILA .s s FL , IL 12 • g��yCS� C1� pLJS �2 � M o�aJW �f �M 3678712 '+► M . 3678712 • 13 PARCEL 1 - PIN 08-15-400-019 (PER DOCUMENT NO. 1938870) THAT PART OF LOT TWO (2) IN EDWARD BUSSE'S DIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN (15), AND THE NORTHEAST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN (11) EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED DECEMBER 17, 1919, AS DOCUMENT NO. 6696216, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE OLD CENTER LINE OF ALGONQUIN ROAD WHICH IS TWO HUNDRED TEN (210) FEET EAST OF (MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH ALONG A LINE TWO HUNDRED TEN (210) FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER A DISTANCE OF ONE HUNDRED THREE AND FIVE HUNDREDTHS (103.05) FEET TO AN ANGLE POINT; THENCE NORTHEASTERLY ALONG A DIAGONAL LINE DRAWN FROM SAID ANGLE POINT TO A POINT IN THE EAST LINE OF SAID LOT TWO (2) WHICH IS THREE HUNDRED TWENTY- SIX AND TWENTY-FIVE HUNDREDTHS (326.25) FEET NORTH OF THE SOUTH LINE OF SAID SECTION FIFTEEN (15) (AS MEASURED ALONG THE EAST LINE OF SAID LOT TWO (2)) A DISTANCE OF THREE HUNDRED THIRTY-THREE AND EIGHTY-FIVE HUNDREDTHS (333.85) FEET FOR A POINT OF BEGINNING OF THIS PARCEL OF LAND (SAID POINT OF BEGINNING IS SIX HUNDRED THIRTY-SIX AND EIGHT HUNDREDTHS (636.08) FEET SOUTHWESTERLY OF THE EAST LINE OF SAID LOT TWO (2) AS MEASURED ALONG SAID DIAGONAL LINE); THENCE SOUTHEASTERLY ALONG A LINE DRAWN AT RIGHT ANGLES TO SAID DIAGONAL LINE A DISTANCE OF TWO HUNDRED NINETEEN AND EIGHTY-TWO HUNDREDTHS (219.82) FEET TO THE INTERSECTION OF SAID LINE WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST ALONG SAID SOUTH LINE A DISTANCE OF FOUR HUNDRED FOUR AND FIFTY-NINE HUNDREDTHS (404.59) FEET TO A POINT WHICH IS ONE HUNDRED EIGHTY-ONE (181) FEET WEST OF THE EAST LINE OF SAID LOT TWO (2); THENCE NORTH ALONG A LINE DRAWN AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF TWO HUNDRED NINETY-FOUR (294) FEET TO THE INTERSECTION OF SAID LINE WITH THE AFORESAID DIAGONAL LINE (SAID INTERSECTION BEING ONE HUNDRED EIGHTY-SIX AND EIGHTY-FIVE HUNDREDTHS (186.85) FEET SOUTHWESTERLY OF THE EAST LINE OF SAID LOT TWO (2) AS MEASURED ALONG SAID DIAGONAL LINE); THENCE SOUTHWESTERLY ALONG SAID DIAGONAL LINE A DISTANCE OF FOUR HUNDRED FORTY-NINE AND TWENTY-THREE HUNDREDTHS (449.23) FEET TO THE POINT OF BEGINNING OF THIS PARCEL OF LAND, SITUATED IN THE COUNTY OF COOK, IN THE STATE OF ILLINOIS. PARCEL 2 - LEGAL DESCRIPTION - PIN 08-15-400-084 & 085 (PER DOCUMENT NO. 1807207) THAT PART OF LOT TWO (2) IN EDWARD BUSSE'S DIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN (15) AND THE NORTHEAST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN (11) EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED DECEMBER 17, 1919, AS DOCUMENT NO. 6696216 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE OLD CENTER LINE OF ALGONQUIN ROAD WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION FIFTEEN (15), WHICH POINT IS A DISTANCE OF ONE HUNDRED SIXTY - 14 THREE AND SIXTY-FOUR HUNDREDTHS (163.64) FEET NORTH OF THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER A DISTANCE OF ONE HUNDRED SEVENTY-ONE AND NINETY-TWO HUNDREDTHS (171.92) FEET TO AN ANGLE POINT; THENCE NORTHEASTERLY ALONG A DIAGONAL LINE DRAWN FROM SAID POINT TO A POINT IN THE EAST LINE OF SAID LOT TWO (2), WHICH IS A DISTANCE OF FIVE HUNDRED THIRTY-NINE AND EIGHTY HUNDREDTHS (539.80) FEET NORTH OF THE SOUTH LINE OF SAID SECTION FIFTEEN (15) (AS MEASURED ALONG THE EAST LINE OF SAID LOT TWO (2); A DISTANCE OF ONE THOUSAND ONE HUNDRED EIGHTY- THREE AND SIXTY HUNDREDTHS (1183.60) FEETTO THE EAST LINE OF SAID LOTTWO (2); THENCE SOUTH ALONG THE EAST LINE OF SAID LOT TWO (2) A DISTANCE OF TWO HUNDRED THIRTEEN AND FIFTY-FIVE HUNDREDTHS (213.55) FEET TO A POINT WHICH IS TWO HUNDRED TEN (210) FEET SOUTHEASTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE AFORESAID DIAGONAL LINE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE A DISTANCE OF NINE HUNDRED SIXTY-NINE AND NINETY-THREE HUNDREDTHS (969.93) FEET TO THE INTERSECTION OF SAID PARALLEL LINE WITH A LINE WHICH IS TWO HUNDRED TEN (210) FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE SOUTH ALONG SAID PARALLEL LINE A DISTANCE OF ONE HUNDRED THREE AND FIVE HUNDREDTHS (103.05) FEET TO THE INTERSECTION OF SAID PARALLEL LINE WITH THE OLD CENTER LINE OF ALGONQUIN ROAD; THENCE NORTHWESTERLY ALONG THE OLD CENTER LINE OF ALGONQUIN ROAD, A DISTANCE OF TWO HUNDRED THIRTY-FIVE AND THIRTY-TWO HUNDREDTHS (235.32) FEET TO THE POINT OF BEGINNING. 15 $0.00 By 12/01/2021 IF PAYING LATE, PLEASE PAY Taxing Districts 2020 Second Installment Property Tax Bill - Cook County Electronic Bill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 08-15-400-019-0000 049 16048 2020 (2021) ELK GROVE 5-93 12/02/2021 - 01/01/2022 01/02/2022 - 02/01/2022 02/02/2022 - 03/01/2022 LATE INTEREST IS 1.5% PER $0.00 $0.00 $0.00 MONTH, BY STATE LAW 2020 Tax 2020 Rate 2020% Pension 2019 Tax MISCELLANEOUS TAXES 2020 Total Tax Before Exemptions 56,728.91 Homeowner's Exemption .00 Northwest Mosq Abatement Dist Wheeling 65.76 0.010 0.12% 2020 State Equalizer X 3.2234 62.56 Metro Water Reclamation Dist of Chicago 2,485.63 0.378 4.38% 276.18 2,433.51 Mt Prospect Park District 3,642.96 0.554 6.42% 341.93 3,421.93 Miscellaneous Taxes Total 6,194.35 0.942 10.92% 5,918.00 SCHOOL TAXES Harper College Comm College 512 Palatine 2,689.48 0.409 4.74% 2,521.09 Township HS District 214 (Arlington Hts) 15,663.41 2.382 27.61% 558.93 14,738.69 Community Consolid. SD 59 Arlington Hts 17,984.65 2.735 31.70% 552.36 17,209.73 School Taxes Total 36,337.54 5.526 64.05% 34,469.51 MUNICIPALITY/TOWNSHIP TAXES Mount Prospect Spec Sery Area 5 0.00 0.000 0.00% 0.00 Mount Prospect Library Fund 3,899.41 0.593 6.87% 3,747.23 Village of Mount Prospect 6,431.07 0.978 11.34% 2,400.14 6,180.74 Road & Bridge Elk Grove 85.48 0.013 0.15% 87.58 General Assistance Elk Grove 72.33 0.011 0.13% 68.81 Town of Elk Grove 348.51 0.053 0.61% 344.07 Municipality/Township Taxes Total 10,836.80 1.648 19.10% 10,428.43 COOK COUNTY TAXES Cook County Forest Preserve District 381.39 0.058 0.67% 13.15 369.09 Consolidated Elections 0.00 0.000 0.00% 187.67 County of Cook 1,788.62 0.272 3.16% 572.08 1,720.36 Cook County Public Safety 868.00 0.132 1.53% 838.28 Cook County Health Facilities 322.21 0.049 0.57% 281.51 Cook County Taxes Total 3,360.22 0.511 5.93% 3,396.91 (Do not pay these totals) 56,728.91 8.627 100.00% 54,212.85 2019 Assessed Value 214,534 2020 Total Tax Before Exemptions 56,728.91 Homeowner's Exemption .00 Senior Citizen Exemption .00 2020 Assessed Value 204,000 Senior Freeze Exemption .00 2020 State Equalizer X 3.2234 2020 Equalized Assessed Value (EAV) 2020 Total Tax After Exemptions 657,574 56,728.91 2020 Local Tax Rate X 8.627% First Installment 29,817.07 2020 Total Tax Before Exemptions Second Installment + 26,911.84 56,728.91 Total 2020 Tax (Payable in 2021) 56,728.91 COMM EDISON TAX DEPT 1720 DEMPSTER AVE THREE LINCOLN CTR 4TH MOUNT PROSPECT IL 60056 4802 OAKBROOK TER IL 601814204 *** Please see 2020 Second Installment Payment Coupon next page *** 16 $0.00 By 12/01/2021 IF PAYING LATE, PLEASE PAY Taxing Districts 2020 Second Installment Property Tax Bill - Cook County Electronic Bill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 08-15-400-084-0000 049 16048 2020 (2021) ELK GROVE 1-90 12/02/2021 - 01/01/2022 01/02/2022 - 02/01/2022 02/02/2022 - 03/01/2022 LATE INTEREST IS 1.5% PER $0.00 $0.00 $0.00 MONTH, BY STATE LAW 2020 Tax 2020 Rate 2020% Pension 2019 Tax MISCELLANEOUS TAXES 2020 Total Tax Before Exemptions 97.92 Northwest Mosq Abatement Dist Wheeling 0.11 0.010 0.11% Senior Citizen Exemption 0.10 Metro Water Reclamation Dist of Chicago 4.29 0.378 4.38% 0.47 3.99 Mt Prospect Park District 6.29 0.554 6.42% 0.59 5.61 Miscellaneous Taxes Total 10.69 0.942 10.91% First Installment 9.70 SCHOOL TAXES Second Installment + 49.02 97.92 Total 2020 Tax (Payable in 2021) Harper College Comm College 512 Palatine 4.64 0.409 4.74% 4.13 Township HS District 214 (Arlington Hts) 27.04 2.382 27.61% 0.96 24.17 Community Consolid. SD 59 Arlington Hts 31.04 2.735 31.70% 0.95 28.23 School Taxes Total 62.72 5.526 64.05% 56.53 MUNICIPALITY/TOWNSHIP TAXES Mount Prospect Spec Sery Area 5 0.00 0.000 0.00% 0.00 Mount Prospect Library Fund 6.73 0.593 6.87% 6.15 Village of Mount Prospect 11.10 0.978 11.34% 4.14 10.14 Road & Bridge Elk Grove 0.15 0.013 0.15% 0.14 General Assistance Elk Grove 0.12 0.011 0.12% 0.11 Town of Elk Grove 0.60 0.053 0.61% 0.56 Municipality/Township Taxes Total 18.70 1.648 19.09% 17.10 COOK COUNTY TAXES Cook County Forest Preserve District 0.66 0.058 0.67% 0.02 0.61 Consolidated Elections 0.00 0.000 0.00% 0.31 County of Cook 3.09 0.272 3.18% 0.98 2.83 Cook County Public Safety 1.50 0.132 1.53% 1.37 Cook County Health Facilities 0.56 0.049 0.57% 0.46 Cook County Taxes Total 5.81 0.511 5.95% 5.58 (Do not pay these totals) 97.92 8.627 100.00% 88.91 2019 Assessed Value 352 2020 Total Tax Before Exemptions 97.92 Homeowner's Exemption .00 Senior Citizen Exemption .00 2020 Assessed Value 352 Senior Freeze Exemption .00 2020 State Equalizer X 3.2234 2020 Equalized Assessed Value (EAV) 2020 Total Tax After Exemptions 1,135 97.92 2020 Local Tax Rate X 8.627% First Installment 48.90 2020 Total Tax Before Exemptions Second Installment + 49.02 97.92 Total 2020 Tax (Payable in 2021) 97.92 COMMONWEALTH EDISON CO 1550 S BUSSE RD THREE LINCOLN CTR 4TH MOUNT PROSPECT IL 60056 4991 OAKBROOK TER IL 601814204 *** Please see 2020 Second Installment Payment Coupon next page *** 17 $0.00 By 12/01/2021 IF PAYING LATE, PLEASE PAY Taxing Districts 2020 Second Installment Property Tax Bill - Cook County Electronic Bill Property Index Number (PIN) Volume Code Tax Year (Payable In) Township Classification 08-15-400-085-0000 049 16048 2020 (2021) ELK GROVE 5-90 12/02/2021 - 01/01/2022 01/02/2022 - 02/01/2022 02/02/2022 - 03/01/2022 LATE INTEREST IS 1.5% PER $0.00 $0.00 $0.00 MONTH, BY STATE LAW 2020 Tax 2020 Rate 2020% Pension 2019 Tax MISCELLANEOUS TAXES 2020 Total Tax Before Exemptions 9,509.28 Northwest Mosq Abatement Dist Wheeling 11.02 0.010 0.12% .00 9.97 Metro Water Reclamation Dist of Chicago 416.66 0.378 4.38% 46.29 387.90 Mt Prospect Park District 610.66 0.554 6.42% 57.31 545.45 Miscellaneous Taxes Total 1,038.34 0.942 10.92% 4,752.76 943.32 SCHOOL TAXES 4,756.52 9,509.28 Total 2020 Tax (Payable in 2021) Harper College Comm College 512 Palatine 450.83 0.409 4.74% 401.86 Township HS District 214 (Arlington Hts) 2,625.61 2.382 27.61% 93.69 2,349.31 Community Consolid. SD 59 Arlington Hts 3,014.71 2.735 31.70% 92.59 2,743.19 School Taxes Total 6,091.15 5.526 64.05% 5,494.36 MUNICIPALITY/TOWNSHIP TAXES Mount Prospect Spec Sery Area 5 0.00 0.000 0.00% 0.00 Mount Prospect Library Fund 653.65 0.593 6.87% 597.30 Village of Mount Prospect 1,078.02 0.978 11.34% 402.32 985.19 Road & Bridge Elk Grove 14.33 0.013 0.15% 13.96 General Assistance Elk Grove 12.12 0.011 0.13% 10.97 Town of Elk Grove 58.42 0.053 0.61% 54.84 Municipality/Township Taxes Total 1,816.54 1.648 19.10% 1,662.26 COOK COUNTY TAXES Cook County Forest Preserve District 63.93 0.058 0.67% 2.20 58.83 Consolidated Elections 0.00 0.000 0.00% 29.91 County of Cook 299.81 0.272 3.16% 95.89 274.22 Cook County Public Safety 145.50 0.132 1.53% 133.62 Cook County Health Facilities 54.01 0.049 0.57% 44.87 Cook County Taxes Total 563.25 0.511 5.93% 541.45 (Do not pay these totals) 9,509.28 8.627 100.00% 8,641.39 2019 Assessed Value 34,196 2020 Total Tax Before Exemptions 9,509.28 Homeowner's Exemption .00 Senior Citizen Exemption .00 2020 Assessed Value 34,196 Senior Freeze Exemption .00 2020 State Equalizer X 3.2234 2020 Equalized Assessed Value (EAV) 2020 Total Tax After Exemptions 110,227 9,509.28 2020 Local Tax Rate X 8.627% First Installment 4,752.76 2020 Total Tax Before Exemptions Second Installment + 4,756.52 9,509.28 Total 2020 Tax (Payable in 2021) 9,509.28 COMMONWEALTH EDISON CO 1550 S BUSSE RD THREE LINCOLN CTR 4TH MOUNT PROSPECT IL 60056 4991 OAKBROOK TER IL 601814204 *** Please see 2020 Second Installment Payment Coupon next page *** 18 Village of Mount Prospect — Zoning Request Application Addendum Introduction and Summary of Approvals Requested ComEd proposes two improvements to its Dempster Street substation (called by ComEd "TSS 152"), situated at 1650 Dempster Street (the "Substation"), both intended in different ways to preserve and enhance the provision of reliable electrical service. First, ComEd proposes to install a 104 -foot antenna support structure (called more formally by ComEd a Smart Grid distribution automation device monitoring support structure) (the "Structure") and an expanded metal perimeter fence of 1 I feet in height with 12" of Y-shaped barbed wire atop plus four 16 -foot -tall posts supporting the fence and other security functions (the "Fence"). Collectively, the Structure, the Fence and the Landscaping (described below) shall be referred to as the "Project." The Substation property is currently split between two zoning districts: I- I Limited Industrial and R-1 Single -Family Residential. The Structure will be situated within the I-1 district and the Fence will generally follow the existing fence line in both zoning districts. Significantly, ComEd is also proposing a comprehensive landscape screening plan along the southern edge of the Substation facing Dempster Street and along the northern lines of the Substation and the portions of the east and west lines within the transmission right-of-way (the "Landscaping"). At completion of the Project, the Substation will be modernized and better protected, while any ground -level aesthetic impact as viewed from Dempster Street, Algonquin Road, Busse Road and private Knights Bridge Drive will be substantially mitigated by new dense shrubs which at full maturity within a few years will largely screen any view of the Fence from the adjacent public right-of-way. Per feedback from Village staff for implementation of the Project, ComEd is requesting that: (1) a conditional use be approved to allow for installation of a 100 -foot Structure (which will hold five monitoring antennae) to which will be attached a 4 -foot -long lightning rod at the top, and (2) one or more variations be approved to allow for installation of an ] ] -foot expanded metal perimeter fence plus 12" of Y-shaped barbed wire atop plus four 16 -foot -tall posts supporting the fence and other security functions. As a regulated public utility and given that the Structure and Fence relate to core aspects of the electrical grid, ComEd respectfully suggests that the Village's land use authority may not apply to the company's implementation of the Structure and Fence at its Substation. Nonetheless, ComEd is voluntarily submitting this request in an effort to work on its project cooperatively with the Village. Project Narrative 1. Structure's role in and contribution to ComEd's Distribution Automation Network The Structure is part of the company's wide-ranging implementation of its multi-year "smart grid" initiative. The smart grid initiative includes an upgrading of the existing electrical distribution communication system with newer technology and infrastructure. The Structure will be a 19 Page 2 key aspect of that infrastructure and technological upgrade. Key resulting community benefits will be improved reliability of the electrical grid (through the reduction of electrical outages and the duration of outages), and increased voltage efficiencies along each distribution line, resulting in smoother electrical grid operations. ComEd's new technology and infrastructure involves the creation of a ComEd-only radiofrequency ("RF") network in which sensors and monitoring devices being installed within distribution circuits and/or on distribution poles communicate in real time with antennae support facilities like the Structure. The sensors and devices control and monitor equipment within the distribution lines such as line reclosures, cap banks and switches which are important for reliability and "voltage optimization" -- meaning, promotion as much as possible of a steady voltage through a particular distribution circuit (given that voltage on a distribution line tends to become less strong as the distance on the line increases from a particular substation). The Structure will only communicate with ComEd's electrical devices/equipment on the electrical grid system. It will not be used for any commercial communication services (e.g., 5G or any other cellular telephone technologies). The benefit of the new wireless technology can be explained with reference to a lightning strike and its impact on a distribution line. With "legacy" technology, a lightning strike to a distribution line would likely cause removal of a larger portion of a distribution circuit -- and the customers served by such circuit -- until ComEd crews could determine the precise location of the strike and re-route power around the affected area. By contrast, once the newer wireless technology is deployed in a particular area, the sensors in the distribution circuit -- including at the top of a distribution pole -- would communicate the fault to receiving antennae on the Structure, which directly links to IT infrastructure tied into ComEd's centralized command and control centers. The precise area of the fault is known and crews can be dispatched efficiently to the precise location. Further, the proposed Structure's antennae can direct receiving equipment on the distribution lines how to switch power around the fault. The efficacy of the new technology depends on clear, clean wireless communication and strong security given the criticality of the electrical grid to the nation's infrastructure system. Existing electrical substations have been selected for locations of the antenna support structures since they offer necessary security, along with the indispensable link to the company's high-speed existing IT backbone network. The necessary IT equipment accompanying the Structure will be housed in an existing substation control building, so no new equipment enclosure is required, thereby minimizing any external "footprint" resulting from the upgraded technology. And electrical substations are already locations which contain pre-existing taller electrical infrastructure (and/or community expectations for such taller infrastructure), mitigating visual concerns. The request for a conditional use is related to the need for five receiving and transmitting antennae on the Structure (each antenna mount is a very thin two inches in diameter, just under 5 feet long and installed only 3 feet from the Structure) to support approximately 250 monitoring and sensing devices to be installed in Mount Prospect -area distribution circuits over the next two years. Below is a computerized graphic which shows an existing "gap" in the ComEd distribution automation device monitoring network. The locations with "flags" (light blue, green and dark blue) indicate 2 20 Page 3 existing communication structures and the proposed structure on Dempster Street is assigned a gray flag on the graphic below. The dark blue -colored, green -colored and light blue -colored dots are existing sensors and monitoring devices in the Mount Prospect area operating on ComEd's RF network. The dark blue - colored devices are communicating wirelessly in particular to antennae located at ComEd's Des Plaines substation, while the green -colored devices are communicating with antennae at a substation in Schaumburg and the light blue -colored devices are communicating with antennae at a substation in Itasca. The antennae on these structures are reaching capacity limits very quickly and in such circumstances would not provide optimum RF coverage for sensors and monitoring devices within the Village. This condition will only be aggravated as an additional approximately 250 devices are installed within Mount Prospect -area distribution circuits over the next two years. The graphic above dramatically illustrates the important role in the network that will be carried out by the proposed Structure on Dempster Street. The five antennae proposed for the Structure are needed for proper RF capacity, since a reduced number of antennae on the Structure installed at lower heights would result in an overburdened and less effective wireless communication system (resulting in numerous "dropped" or "blocked" calls to use cellular telephone analogies) or "garbled" communications related to foliage interference. For proper system functioning, the lowest antenna should be installed at a minimum height of 35 feet to avoid foliage blockage. Each additional antenna must be installed a minimum of 15 feet away vertically to avoid technological interference. It is this required minimum spacing and the need for five antennae for effective network functioning which forms the basis for the Structure's 3 21 Page 4 100 -foot height. A reduced number of antennae, for example, on a Structure with an "as of right" height of 70 feet, are not enough to allow for seamless functioning of the Mount Prospect -area wireless technology imbedded in (or to be imbedded in) the distribution circuits and on distribution poles. Delving further into key technical details of the system, ComEd has engineered the Structure and its height in a manner which allows for seamless smart grid coverage of the electrical distribution network. Each antenna on the Structure has a capacity of approximately 40 sensing devices per antenna. ComEd considered the impact of installing at the Substation a Structure of less overall height - and by extension fewer antennas - yet has concluded that device communication would become compromised due to overcapacity of the antennas to be installed. This, in turn, leads to a gap in radiofrequency coverage since the support structures and their attached antennae are generally evenly spaced to allow for effective coverage. A height reduced from 100 feet (5 antennae) essentially precludes regional effectiveness of ComEd's smart grid distribution automation network. ComEd is careful and judicious in its selection of locations for new support structures. To the greatest extent feasible, ComEd installs its antennae on ComEd existing taller structures (other than transmission towers where such installation is not feasible), such as taller rooftops or existing taller microwave towers. New structures are placed at substations which have physical space within the existing footprint (so that a physical expansion of the outer substation footprint can be avoided), space within an existing substation control building (so that development of a new equipment enclosure is obviated) and a secure link to the ComEd IT backbone. The Substation meets all of these criteria. 2. Depiction of similar existing Structures Please see Technical Appendix for a depiction of similar structures which have been installed in the Chicago metropolitan area by ComEd and for additional detail in particular on how the Structure and antennae will function in accordance with FCC and FAA regulations. 3. Site Plan and renderings As can be noted on the attached Site Plan, the proposed Structure will be situated within the Substation approximately 7 feet east of the existing western substation control building and 13 feet south of the northern line of the building. The Structure's base will be set back nearly 240 feet from the northern property line, approximately 72 feet west of the western property line and approximately 153 feet from the southern property line. The proposed Structure has been carefully placed within the Substation so as to maintain the required close distance to the western substation control building in which the electronic equipment will be housed so as to minimize signal degradation while also avoiding impacts to either existing substation electrical equipment or areas set aside for future equipment expansion (so that the Substation continues to maintain adequate space to serve growth in the area's electrical demand without the need for additional and new property acquisition for construction of an entirely new and different substation). The proposed Structure should have limited impact on surrounding property. All but one of the parcels immediately surrounding the Substation are commercial districts, zoned B-3 and B-4. C! 22 Page 5 In addition, many surrounding parcels (including the Substation itself) currently contain similarly - sized or taller structures (such as electrical or other vertical structures and transmission and distribution poles). To the north of the Substation and proposed Structure is a ComEd transmission corridor running east to west. This corridor is home to a major network of overhead power lines held up by numerous towers equal to or greater in height and appearance as compared to the Structure. The base of the Structure, in that it will be placed to the east of the western control building, is by design screened by the control building, existing larger electrical equipment to the east and north of the western control building and planned dense foliage to the south. In addition to the Structure's strategic placement and the proposed Landscaping, ComEd's upgrade of the existing 7 -foot chain link fence surrounding the perimeter of the Substation to an 11 - foot expanded metal fence (plus barbed wire) will provide enhanced screening of the Structure from all sides of the Substation. 4. Fence upgrade to protect the Substation and Structure The Fence project is being undertaken at one of the country's critical infrastructure sites, which include substations comprising the electric power grid, as required by the Federal Energy Regulatory Commission ("FERC") and the North American Electric Reliability Corporation ("NERC"). FERC is the federal agency that regulates the interstate transmission of electricity, and it oversees NERC in the United States. Both FERC and NERC regulate ComEd's activities and impose obligations on ComEd with regard to securing the bulk power system. In February 2013, President Obama issued Presidential Policy Directive 21 ("PPD -21"), which established national policy on critical infrastructure security and resilience.' PPD -21 identified energy and communications systems (among other things) as uniquely critical due to the enabling functions they provide across all critical infrastructure sectors, and it required federal departments and agencies to implement the directive. Following the April 2013 "Metcalf' sniper attack on a transmission substation near San Jose, CA, FERC started official regulatory proceedings which resulted ultimately (as explained below) in the promulgation of NERC's CIP-014 mandatory physical security standards. In March 2014, as part of its ongoing oversight of the bulk power system, FERC ordered NERC to submit proposed reliability standards requiring transmission owners meeting certain criteria to take steps or demonstrate that they have taken steps to address physical security risks and vulnerabilities related to the reliable operation of the electric power grid. On May 23, 2014, NERC filed with FERC (as it was mandated to do by federal law) its proposal for mandatory physical security standards.3 This reliability standard (Physical Security) requires transmission owners or operators to perform a risk assessment of their systems to identify critical facilities (including transmission 1 See Presidential Policy Directive, "Critical Infrastructure Security and Resilience," Presidential Policy Directive - 21, February 12, 2013, available at haps.!/orbama hrt. hawse archives.gov/the••press••office/2013/02/12/presidential••• policy -directive criticat•.•irafrastructure•Security-arrd••resiI '- Reliability Standards for Physical Security Measures, 146 FERC ¶ 61,166 (Mar. 7, 2014). 3 NERC, Petition of the North American Electric Reliability Corporation for Approval of Proposed Reliability Standard CIP-014-1, May 23, 2014, httls /feu w.tlere .coni/ll ilanion%20.. flysiWl 9Se Laity%/020CQP-014•-1.pdf 5 23 Page 6 substations), evaluate the potential threats and vulnerabilities to those identified facilities, and develop and implement a security plan designed to protect against physical attacks on those identified critical facilities. On November 20, 2014, FERC approved the proposed standard, with minor changes, as NERC's new Physical Security Reliability Standard (CIP-014-1).4 FERC approved a revised version of the standard (CIP-014-2) on July 14, 2015.5 FERC's order made these physical security obligations compulsory. With oversight by FERC, NERC has the authority to develop, oversee, and enforce implementation of the CIP-014-2 Physical Security Reliability Standard. The stated purpose of NERC's Physical Security Reliability Standard is to "protect transmission stations and transmission substations, and their associated primary control centers, that if rendered inoperable or damaged as a result of a physical attack could result in instability, uncontrolled separation, or cascading within an interconnection."6 This standard applies to Transmission Owners, including ComEd, that own transmission substations meeting certain criteria.' The Fence as it has been designed is part of a consistent security plan being carried out by Exelon public utilities nationwide (of which ComEd is one) pursuant to NERC (and FERC) mandatory requirements as explained herein. CIP-014-2 is one of NERC's mandatory and enforceable reliability standards. This standard is enforced by NERC under a penalty review policy for mandatory reliability standards approved by FERC, and it is subject to FERC's enforcement authority and oversight under the Energy Policy Act of 2005.8 FERC certified NERC as the electric reliability organization in accordance with Section 215 of the Federal Power Act on July 20, 2006.9 NERC has authority to monitor compliance with its reliability standards and impose penalties for non-compliance.10 In sum, these security upgrades at the Substation are being made in accordance with FERC and NERC requirements. The Project implements a mandatory federal reliability requirement for electric transmission owners to protect transmission substations. To meet the security mandates described above, Exelon created a standardized list of security requirements for implementation by all of its public utility subsidiaries, including ComEd. In turn, ComEd was required to initiate security improvement projects at each substation consistent with the Exelon Security Standards, all to adhere to the goals committed to by the electric energy subsector and the security plan components approved by FERC Order 802. Exelon's security standards have six stated design goals: (1) Deter; (2) Delay; (3) Detect; (4) Assess; (5) Communicate; and (6) Respond. The planned Fence at the Substation implements the first three security goals — Deter, Delay and Detect. 4 Physical Security Reliability Standard, 149 FERC ¶ 61,140 (Nov. 20, 2014). 5 N. Am. Elec. Reliability Corp., FERC Docket No. RD 15-4-000 (July 14, 2015) (delegated letter order) (approving Reliability Standard CIP-014-2). 'NERC, CIP-014-2 — Physical Security, available at hhtps./?w v.ncr� rrn1 tay�ruatsll5/V�rirrtSfrandard.asps`?sharrrrdardrrurrrrrber—C"fP...O14•.. ? tntl� lit ysncal�l20Sccuri4y� lur didi n United%20Sta es Id. 'Rules Concerning Certification of the Electric Reliability Organization; and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, 123 FERC ¶ 61,046 (Apr. 17, 2008). 'North American Electric Reliability Corporation, 116 FERC ¶ 61,062 (2006) 10 See 16 U.S.C. § 824o(e)(1); 18 C.F.R. 39.7. n 24 Page 7 As depicted on the attached Site Plan, the proposed replacement Fence will be placed at the same location as the existing fence and consist of an expanded metal material, 11 feet in height plus 12" of y -shaped barbed wire (with four 16 -foot -tall posts supporting the fence and other security functions). To meet the "Deter" and "Delay" security requirements described above, Exelon, reflecting industry best practice, requires the installation of fencing with outriggers installed on top of the fence. The outriggers must hold one foot of barbed wire using a "Y" -shaped configuration. Importantly, installation of barbed wire increases the delay time for any attempted fence climb -over. This has been proven in prior tests, as has been confirmed by ComEd security consultants retained by the company to evaluate the sufficiency of the upgraded fencing at critical infrastructure sites such as this type of substation. The empirical data has proven that outward -facing barbed wire in particular delays a climb -over threat by several seconds. A Y-shaped configuration further mitigates climb -over threats, in part because potential intruders typically need additional tools to attempt to compromise the barbed wire and the transport by intruders of such tools allows for more rapid threat detection. In the security world, particularly, as with the Substation where critical equipment is not situated within a building (which obviously provides an additional physical barrier), seconds can be the difference between detection and assessment through on-site cameras and other surveillance methods, and a security operations employee missing an unauthorized intruder. Exelon and ComEd's mandate for barbed wire, reflective of expectations adopted by the U.S. Department of Defense for its own facilities, is mission -critical for safeguarding the Substation from unauthorized access. Prevention of unauthorized entry not only mitigates the risk of injury or death, but also safeguards the reliability of the power supply to the Village and surrounding communities. ComEd is able to install its expanded metal fence using either a grey or black color. Both options are depicted on the renderings attached with this application and ComEd seeks direction from the Village during the application process as to the Village's preferred fence color. 5. Landscaping and Screening of the Fence Based on prior feedback from the Village, ComEd proposes adding new substantial ground -level screening along Dempster, the northern Substation line and those portions of the east and west Substation lines lying within the transmission right-of-way in conjunction with plans for the Fence and will retain trees along the southern property line where feasible while implementing a 10 - foot "clear" zone south of the fence for effective security monitoring purposes. As shown on the enclosed Landscape Plan, ComEd proposes adding a mixture of deciduous shrubs, perennials and grasses along the southern boundary of the Substation, approximately 235 new shrubs in total. The shrubs will be a mix of Chokeberry, Forsythia, Spirea, Lilac and Viburnum. Upon reaching maturity in approximately three years, the overall 8- to 10 -foot height of the shrubs will effectively screen the updated Fence (which should have limited visibility behind the shrubs) while still providing the necessary 10 -foot minimum distance between the Fence and the landscape screening to meet ComEd's standards for perimeter security. Three trees (a spruce, a flowering crab and a locust) will be incorporated into the new planting plan. An additional 5 trees will be preserved. 7 25 Page 8 Attached are renderings of the Fence (both grey -colored and black) with the proposed landscaping. Standards for Conditional Uses -- Proposed Structure Sec. 14.203(F)(8)(a): The establishment, maintenance, or operation of the conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general weEare; The Structure will not be detrimental to public health, safety, morals, comfort, or the general welfare. The Structure will be unmanned, silent in its operation and unlit. The Structure will consist of a silver-grey steel pole, similar to numerous existing support structures on and nearby the subject property and in this way will blend into the existing look and function of the Substation. The very low (1 Watt or less) output power of the ComEd antennae coupled with their only -intermittent operation (along with compliance with all of the other applicable federal regulations) will allow ComEd's Structure to operate in a manner protective of public health and safety in that radiofrequency emissions are highly attenuated. Finally, the Structure will be noise -less and, because of the existing substation control building and exterior Substation fencing, will not need to be accompanied by any additional fencing or an equipment enclosure. The essential nature and functioning of the Substation will remain unchanged once the Structure is implemented. Sec. 14.203(F)(8)(b): The conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located; The proposed Structure will have limited impact on surrounding property because it will function as an integral, but unmanned and unlit part of the Substation, just like any other piece of taller electrical infrastructure within or adjacent to the Substation. Many surrounding parcels (including the Substation itself) currently contain similarly -sized or taller structures (such as electrical or other vertical structures and transmission and distribution poles). Other than the Structure, no additional adjustments within the Substation are proposed, thus minimizing any external effects. To the north of the proposed Structure is a corridor extending from east to west which is home to a major network of overhead power lines held up by numerous towers similar in height and appearance to the Structure. Further, the Structure will be compatible with similar structures in the general vicinity. Its gray color will match the existing Substation electrical equipment. It will be unlit and all associated electronics equipment will be housed inside an existing building, minimizing any new external facilities within the Substation. The base of the Structure, in that it will be placed to the east of the western control building, is by design screened by the control building, existing larger electrical equipment to the east of the western control building and the Fence with the planned dense foliage to the south, north, east and west (see additional Landscaping description herein). In effect, the base of the Structure should not be visible from any direction. To the east is a commercial plaza with restaurants, a hair salon, and a grocery store. To the south is five -lane Dempster Street, and on the south side of Dempster is the rear alley of a commercial plaza and the 27 parking lot of a fast food restaurant. To the west is a commercial plaza containing a restaurant, laundromat, and liquor store. All of these surrounding properties have long been located by the towers, wires and electrical equipment of the Substation, and adding the Structure to the Substation will not alter the character of the surrounding property. Sec. 14.203L)(8)L6: The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; The Structure will not impede the orderly development and improvement of surrounding properties. Rather, by offering an efficient and low -impact, low-power use of radiofrequency to help improve grid reliability, minimize outages and stabilize distribution line voltage flows, the Structure will ultimately support surrounding properties and the entire Village in its development. Additionally, the nature of the Structure's design (tall, unlit, thin vertical mast) is essentially the same as structures allowed (or already located) on the subject property as well as structures similarly allowed (or already located) on nearby properties. Sec. 14.203LF)(8)(d): Adequate public utilities, access roads, drainage and/or necessatyfacilities have been or will be provided; Installation of the Structure at the Substation will not increase the need for the Substation to be served by any new essential public facilities or services. Sec. 14.203(F)(8)(e): Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; The Structure will be served by existing ingress and egress to the Substation, and, in that it will be generally unmanned, it will not interfere with traffic on surrounding public streets. Sec. 14.203(F)(8)(0: The proposed conditional use is not contrary to the objectives of the current comprehensive plan for the village; and The Village's Comprehensive Plan of 2017 identifies as a goal, "Ensure that all parts of the community are well served by infrastructure, and support their maintenance and enhancement to serve the future needs of the community" (see Plan, p. 24). By installing the Structure, ComEd will bolster its monitoring of the Village's electrical grid, which in turn will provide the Village with more reliable and stable electric energy. However, if the Structure's height is limited to 70 feet and only three antennae, it will not be able to effectively monitor the grid due to overcapacity of the three antennae. In order to best serve the objectives of the Comprehensive Plan, the Structure should be built to 104 feet, with five evenly spaced antennae to effectively handle addressing regional grid reliability and voltage flow concerns. Sec. 14.203LF)(8)(g): The conditional use shall, in all other respects, conform to the applicable regulations of the district in tivhich it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. 10 Antennae such as the Structure are permitted as of right in I-1 districts up to 70 feet in height. Public utility uses are also permitted as of right in I-1 districts. Except for its height, the proposed Structure conforms in all ways to the applicable regulations of the I-1 zoning district. 11 Standards for Fence Heieht Variation Sec. 14.203LQ(9)(a): Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be allied; ComEd's plan for upgrading the exterior protection system of the Substation by replacing chain-link fencing (which can be climbed) with a protection structure (expanded metal material) which is both taller and unscalable (using barbed wire as an additional security feature on top) fully complies with the policy directives of a Presidential executive order addressing physical security at the country's critical infrastructure sites (which include substations comprising the power grid), a Department of Homeland Security ("DHS") plan implementing the President's order and a FERC Order. The Substation security upgrades also reflect industry -implemented best practice. If ComEd cannot build the proposed Fence around the Substation, it will face the specific hardship of failing to comply with applicable federal directives and industry requirements and standards. Sec. 14.203(C)(9)(b): The conditions upon which an application for a variation are based are unique to the propertyfor which the variation is sought and are not generally applicable to other property within the same zoning classification; Following the April 2013 "Metcalf' sniper attack on a San Jose, California electrical substation, President Obama issued a form of Executive Order in the security arena known as Presidential Policy Directive 21 ("PPD -21"). In his Directive, the President stated the clear policy of the United States to "...strengthen the security and resilience of its critical infrastructure against both physical and cyber threats." The President required the federal government to work with critical infrastructure owners such as the Exelon Corporation and its subsidiary ComEd to take "proactive steps" to both manage risk and "strengthen the security and resilience" of the country's critical infrastructure. Per PPD -21, required improved security efforts by ComEd must aim to "reduce vulnerabilities, minimize consequences, identify and disrupt threats, and hasten response and recovery efforts related to critical infrastructure." PPD -21 required the DHS to develop, in coordination with the Department of Energy, a national plan to implement the improved security mandates of PPD -21. In response, DHS and the U.S. Department of Energy issued in 2015 an Energy Sector -Specific Plan ("2015 ESSP"). Key stated goals of the 2015 ESSP include: (1) assessing security risks and threats; (2) securing critical infrastructure from all hazards; and (3) enhancing critical infrastructure resilience. With the 2015 ESSP, the electricity industry subsector made as an explicit published priority the deploying of tools to "enhance situational awareness and security of critical infrastructure." On top of the 2015 ESSP are the FERC and NERC mandates previously described. The proposed Substation security upgrade plan implements these published priorities and mandates, which do not apply to typical property owners in the I-1 and R-1 zoning districts. 12 RT11 Sec. 14.203(C)(9)(c): The purpose of the variation is not based prirnard. upon a desire to increase financial _gain: This request is not based on a desire for economic gain. Rather, building the proposed Fence is linked to ComEd's unique need to meet the heightened security objectives of PPD - 21, 2015 ESSP and FERC Order 802 and to implement electric utility industry requirements and best practices. If anything, implementing the Fence could conserve public resources because enhanced security for the Substation will deter potentially malicious intruders from causing disruptive power outages. Sec. 14.203(C)(9)(d): The alleged difficulty or hardship is caused by this chapter and has not been created by anv person presently having an interest in the property; No, the hardship has not been created by any person presently having an interest in the property. This variation would allow ComEd to build the Fence not to provide additional privacy but rather to provide heightened protection and security consistent with federal and industry directives, with which ComEd is obligated to comply. The proposed Fence is designed to be non -scalable and will be placed in the same location as the existing fence. Sec. 14.203LC)(9)(e):The rg anting of the variation will not be detrimental to the public welfare or iniurious to other property or improvements in the neighborhood in which the property is located; No, this variation will provide added protection to the public and added security to the Substation to ensure the facility will be protected from malicious activities. The proposed Fence will be placed in the same location as the existing fence. Sec. 14.203L)(9)0: Theranting of the variation will not alter the essential character of the neighborhood; and No, the variation seeks to only seeks to boost the security capabilities at this Substation consistent with PPD -21, FERC and NERC requirements. Sec. 14.203LC)(9)(g): The proposed variation will not impair an adequate supply of light and air to ad iacent property or substantially increase the congestion of the public streets, or increase the danger o�fire, or impair natural drainage or create drainage problems on ad'at cent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed new Fence is similar to the existing fence, changing only the height, fencing material, and the shape of the barbed wire (barbed wire is already deployed today at the Substation configured inward -facing). The requested variation will not adversely impact the surrounding properties, since the new Fence will be placed in the same location as the existing fence. The Fence will be within ComEd's property limits, will provide added safety to the public, and is substantially set back from exterior property lines. Considering the light industrial and commercial nature of the properties contiguous to the Substation, implementing the Fence should not diminish property values within the neighborhood. 13 31 Structure -- Technical Appendix Depiction of similar existing Structures Similar 104 -foot Smart Grid Distribution Automation Device Monitoring support structures can be found at ComEd's Willow Springs substation and its substation in Pleasant Hills (near West Chicago). Willow Springs The Willow Springs substation carries the common address of 8600 Willow Spring Road in Willow Springs, but it is actually located on the south side of an industrial access road (leading to Valvoline's Willow Springs facility) across the street from a Speedway gas station and just south of the Tri-State Fire Protection District station which is situated at 8259 Willow Springs Road in Willow Springs. A picture of the structure as located at the Willow Springs substation is set forth below. The structure is located to the rear of the substation control building. Note that if one visits the Willow Springs substation, one will see a cellular telephone facility outside the boundaries of the substation but adjacent to it. Know that, as noted earlier, neither ComEd's proposed Structure Substation nor any portion of the Substation property will be used for personal wireless service 14 32 (5G or otherwise) or any other commercial communications function other than the Structure and other ComEd-only grid -related monitoring and functioning communications. Pleasant Hills The Pleasant Hills substation is located on the east side of Pleasant Hill Road just south of the Great Western Trail and St. Charles Road and a short distance south of North Avenue. The substation is north of Geneva Road, north of the Village of Winfield and south of the Village of Carol Stream. (The address assigned to the substation for property tax purposes is 1N701 Pleasant Hill Road, Winfield. Our experience is that this address does not show up on common mapping applications such as Google Maps. The street address of the business to the north is 26W115 St. Charles Road in Carol Stream to provide a Google -friendly geographic reference point.) A picture of the structure as located at the Pleasant Hill substation is set forth below. The structure in the Pleasant Hills substation is located on the north side of the substation just west of the substation control building. Like in Willow Springs, there is a cellular telephone facility outside of the substation itself. Again, by contrast, a cellular telephone facility does not exist at the Substation and is not proposed whatsoever. 15 33 Technical, ReEulatory and Permitting Information The antennae proposed for use on the Structure will operate in the frequency range of 902-928 MHz with a center frequency of 915 MHz. These frequencies are a small part of the designated industrial, scientific and medical ("ISM") radio bands. The FCC opened these ISM frequency bands for wireless communications in 1985. Parties using this frequency range in the manner of ComEd are not generally required to obtain use, structure or antenna licenses from the FCC (and are not so required in ComEd's specific situation), but must comply with Federal Communications Commission ("FCC") regulations (47 CFR Part 15) on how the frequencies are used, including the maximum output power of the antennas on the Structure. The output power of the ComEd antennas will be extremely low, at 1 Watt or less. Further, the antennas will only operate intermittently and will not continuously transmit. By observing these two key operating criteria, along with compliance with all of the other applicable federal regulations, ComEd's Structure will operate in a manner protective of public health and safety, in that RF emissions are highly attenuated. Other wireless devices operate in the frequency range of 902-928 MHz, with a center frequency of 915 MHz -- most notably, ComEd's smart meters. The Structure will not being used for smart meter functions. Although certain household wireless equipment operates at 915 MHz, most notably certain cordless phones, baby monitors, and wireless home security systems, most household wireless equipment now operates within the 2.4 -GHz frequency band. Like any system which chooses to operate with the ISM radio bands, ComEd's Smart Grid Distribution Automation Device Monitoring System must tolerate the potential for occasional interference from other wireless devices in use. At the same time, ComEd has engineered its system to minimize any potential interference through incorporation of specific technical features such as signal encryption and security which, like the smart meter system using the same frequency range, have a now -proven record of safe, effective, reliable operation without material impact to existing household wireless devices. In addition to these specific technical features, in accordance with FCC regulations and as a technique to ensure minimal interference, the electronic equipment used in the Distribution Automation Device Monitoring System utilize a protocol called "frequency hopping" within subchannels spread evenly across the frequency range of 902-928 MHz. Such "frequency hopping" allows for efficient use of the full range of the allowable spectrum while minimizing interference risk. The FCC is not required to review the specific siting of the proposed Structure. Instead, parties such as ComEd may use the frequency range involved in the antennas on the Structure without a specific license granted by the FCC so that as compliance with the detailed ISM radio band regulations (47 CFR Part 15) is maintained. In addition, in terms of compliance with the federal National Environmental Policy Act (to which the FCC is subject), the FCC has delegated to each applicant the responsibility of determining whether a proposed structure is "categorically excluded" from environmental review under the National Environmental Policy Act ("NEPA") when there is minimal or no impact on the environment, or whether an Environmental Assessment needs to be prepared. 16 34 FCC rules categorically exclude all actions -- including ComEd's proposed Structure -- from detailed environmental review unless such a structure: (a) is located in a wilderness area or wildlife preserve; (b) might affect threatened or endangered species or their habitat; (c) might affect properties included in or eligible for inclusion in the National Register of Historic Places or Indian religious or cultural sites; (d) will be located in a floodplain; (e) involve construction involving significant changes in surface features, such as effects on wetlands, water, ground disturbances, deforestations, etc.; (f) structures of over 450 feet potentially affecting migratory birds; or (g) structures involving high-intensity lighting in a residential area or those which would cause RF radiation in excess of FCC -established limits. ComEd, through its consultant team, determined that the placement of the Structure within an existing developed substation will have none of these impacts and therefore that the proposed Structure is appropriately categorically excluded from NEPA review. The proposed Structure will not be required to have a beacon and/or designated paint. This is because ComEd received a determination from the Federal Aviation Administration ("FAA") as of April 2021 that its Structure will not be a hazard to air navigation and thus no lighting or special markings are required. ComEd's Structure will not be illuminated in any way or painted any special color. ComEd will be applying for a building permit from the Village. No additional known governmental permits are necessary. ComEd will secure any additional necessary permits which may be identified during the building permit process. 17 35 • � = x �„(,tsz),BercL 3.9zo6lasx 7 � �,= 9azo �` II ;m 3m � •� SNE—,. � NB rS 1,89T[Z 3.ZF,Sf.00.S - N$ (,SZ'8Zf],FI'9ZF 3.Zf,Bf:005 kk�* ko - -- ----_ avOd HL3 3)BYBIYA) 3ssna �y 8 ® (,LLmom 'L91 �OL,Lf.00$ .10'011 yWy W 3.iS; 1>OBS (,t0'011) $I$X� yl 4�3q � � h R y h H1n o 8 U Y Dpi I,`�Int, < g1 I I 28 mm tl o 3I 71 NI < 9k g � �W m II III I d :JR • � = x �„(,tsz),BercL 3.9zo6lasx 7 � �,= 9azo �` II ;m mdS �4g � R€ia330d fa6.5T' i148.64) � 1Jf1Y2'J8'W I� TIO"��_ ,SOIY11�3t4tt.005 yy�� ,eL 9S F Se 3•i0.t6.04S' l l/ � / / ti,• 4"P k I 4ti8BN./ / w (.tBYSI),LB'fBl M�W.tt.OBN ` kk�* ko a< ! g1 I I g � �W m II III I d :JR yf9.71 i� mdS �4g � R€ia330d fa6.5T' i148.64) � 1Jf1Y2'J8'W I� TIO"��_ ,SOIY11�3t4tt.005 yy�� ,eL 9S F Se 3•i0.t6.04S' l l/ � / / ti,• 4"P k I it 4ti8BN./ / w (.tBYSI),LB'fBl M�W.tt.OBN ` kk�* ko a< it avow 3ssna LzctsU ,zczn 3.coceoos 3 y e Lro'ou/,ae'so1 3•[alraos -� aa� � � n 14 .. 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IEMM Anti -cut & anti -climb The Guardian Fence System° protects against both cutting and climbing, with heavy gauge mesh and small mesh openings that resist common cutting tools and hand or foot holds. Engineered design Steel rails within the Guardian Fence System® create a protective raceway for security component cabling such as intrusion detection, surveillance, and access control; providing a superior, fully - integrated security barrier. Efficient installation Panels are affixed to steel rails, which are attached to the steel posts. This smart fence platform configuration allows for fast installation and means that exact post spacings are not a requirement. Anti -ram barrier add on available M30, M40 and M50 Rated Anti -Ram Barriers can be integrated into the Guardian 5000 System to provide hostile vehicle mitigation along the perimeter fence line. Illlllllll illi °IIII ill I�°UL� Illf�hllll III Illl illi ��iili Mi.11111 � 13 b ]1 . , 43 High strength security mesh panels create an effective anti -cut, anti -climb barrier. A variety of mesh options are available to meet specific risk or architectural requirements. Guardian Unions securely connect panels to high-strength horizontal rails within the Guardian Fence System° and is then secured with bolted steel straps adding additional rigidity to the fence. Choose from a wide range of gate styles such as swing, v -track and cantilever gates. Crash -rated options are also available. Guardian system panels and gates are standard with a superior galvanization, and are available with Betafence ARCHITECTURAl. GRADE POWDER COATING USA's exclusive Super -Durable powder coating. This coating provides longer protection from U.V. rays and salt 4PC spray than either E -Coat or standard polyester coatings. The Guardian Fence System® is backed by a 10 -Year Manufacturer's Warranty. The Anti -Ram barrier is a stand-alone solution, providing formidable resistance to vehicular attack. GtjaiI d���an15-000 a�iri a�r M e��hjpt,J��a�illli 0 Welded Wire MiniLouver75 ^�rrx Expanded Welded Wire DutyGuard 3-5-8 3° x 1/2" x 8ga 36% 64% 0.162 210 225 0.338 2.838 MiniLouver 75 MiniLouver 75 MiniLouver 75 75% 25% 0.188 0.09 282 310 0.25 0.8 LouverMesh 94 LouverMesh 94 LouverMesh 94 94% 6% 0.577 0.09 295 340 0.325 1.75 Expanded Metal Sentry 34-9 3/4° x 49 32% 68% 0.15 0.135 180 198 0.688 1.562 Expanded Metal Sentry 112-6 1-1/2"x 6” 31% 69% 0.203 0.198 250 275 1.11 2.313 Additional options available. Contact us for a solution that meets your specific security requirements. 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Prospect Park District Email only ACllhoii@rniountpirospea t.oirg Re: Comments on the improvements at the ComEd ROW - ComEd Enclosure Dempster Road - Dear Ann, We have reviewed Dempster Road ComEd Landscape Plan dated 12/1/21 by CBB. The Mount Prospect Park District maintains approximately 3 miles of the ComEd corridor from 1-90 to Mt. Prospect Road. This includes maintenance of the trail, grass and some existing shrubs in the corridor.. In other areas of the path we have had problems with people camping and drinking within shrub beds and areas hidden from view. We have been requested in the past by the Mt. Prospect Police Department to remove or trim shrubs that create hiding places. We would recommend removing the shrubs from the ComEd corridor side (not Dempster) of the plan and either install the fence only or install fence with small trees. We recommend the small trees to be single stem with the lowest branches at 4 or 5 feet so you could easily see under them. Some examples of trees we believe may be appropriate would be Syringa reticulata `Ivory Silk' single stem - Ivory Silk Tree Lilac or Crataegus crus-galli `inermis - single stem Thornless Hawthorn'. I prefer the black fence over the silver. If you have any questions please let me know. 1 Sincerely, Ben Kutscheid, PLA, ASLA, CPSI Planner/Landscape Architect CC: Matt Dziubinski, Parks and Planning Superintendent, MPPD Gents ll Coinnnnur ty Center RecllwVex Llions Recireaflon Center i'rir ndsNp Park Conservatory W. lil'iro wtpect Glo' f Club 1000 W. Central Rd. 420 W. Dempster St. 411 S. Maple St. 395 W. Algonquin Rd. 600 See-Gwun Ave. Mount Prospect, IL 60056 Mount Prospect, IL 60056 Mount Prospect, IL 60056 Des Plaines, IL 60018 Mount Prospect, IL 60056 i� ii i� •� 1 111 i� • • i� •i 11 i� • � 11 VILLAGE OF MOUNT PROSPECT 50 S. Emerson Street, Mount Prospect, IL 60056 STAFF REPORT FROM THE DEPARTMENT OF Community Development William J. Cooney, AICP Director of Community Development DATE: December 2, 2021 CASE NUMBER PZ -17-21 PUBLIC HEARING DATE December 9, 2021 Ann Choi Development Planner APPLICANT/PROPERTY OWNER Scott Saef (Sidley Austin LLP) Joe Gilchrist (Commonwealth Edison Company) PROPERTY ADDRESS/LOCATION 1650 Dempster Street and 1510 South Busse Road BRIEF SUMMARY OF REQUEST The Petitioner, on behalf of Commonwealth Edison ("ComEd"), is seeking a conditional use approval to allow for the installation of a one hundred four -foot (104') tall antenna support structure, including a four - foot (4') tall lightning rod atop and five (5) monitoring antennae, a variation from the fence height regulations to allow for the installation of an eleven -foot (11') tall expanded metal perimeter (security) fence with an additional twelve inches (12") of Y-shaped barbed wire atop and four sixteen -foot (16') tall fence posts, and associated landscaping improvements. 2021 Villa Map EXISTING EXISTING LAND USE/SITE ZONING IMPROVEMENTS R-1 Single Family Open Space/Utility Corridor Residential and Electrical Substation 1-1 Limited Industrial SURROUNDING ZONING & LAND USE North: R-4 Multi Family Residential East: B-3 Community Shopping B-4 Commercial Corridor South: B-3, B-4 West: B-3, B-4 STAFF RECOMMENDATION APPROVE (2EEEEOE:) SIZE OF PROPERTY 7.38 Acres W\PLAN\Planning & Zoning COMM\P&Z 2021\Staff Reports\PZ-17-21 1650 Dempster St (CU - Antenna, VAR- Fence Height) docx DENY 1 64 BACKGROUND/PROPERTY HISTORY The Subject Property consists of an electrical substation located at 1650 Dempster Street and a portion of 1510 S. Busse Road, within one of ComEd's existing utility corridors. The substation is located on two lots; the existing substation is located on the entire lot currently zoned 1-1 Light Industrial and only partially on the lot zoned R-1 Single Family Residential District. These two lots comprise the "zoning lot". Surrounding properties include B-3 Community Shopping and B-4 Commercial Corridor zoned lots to the west (liquor store, laundromat and restaurant), east (restaurant) and south (commercial strip center) of the Subject Property. Abutting the ComEd utility corridor and to the north of the Subject Property are R-4 Multi - Family Residential planned unit developments including the Dover Park Condominiums and the Greens Apartments. The Subject Property was annexed into the Village in 1963 under Ordinance No. 920. PROPOSAL Antenna Support Structure —The Petitioner proposes three improvements to its substation to preserve and enhance the provision of electrical service. As part of ComEd's multi-year "smart grid" initiative which includes an upgrade of the existing electrical distribution communication system with newer technology and infrastructure, the first improvement includes the installation of a 104 -foot tall antenna support structure within the existing substation on the 1-1 zoned portion of the zoning lot, just east of the western substation building. The proposed antenna support structure would enhance the provision of reliable electrical service and upgrade the existing electrical distribution communication system with newer technology and infrastructure. Per the Petitioner, the proposed antenna will emit radio signals exclusive to ComEd and communicate with ComEd's electrical devices/equipment on the electrical grid system. The proposed antenna will not be used for any commercial communication services (e.g., 5G or any other cellular telephone technologies). The conditional use is requested since the support structure would exceed the maximum height of seventy feet (70') under Section 14.305 which regulates radio, satellite and television antennas and towers. The antenna support structure would support five receiving and transmitting antennae to support approximately 250 monitoring and sensing devices to be installed in the Mount Prospect -area distribution circuits over the next two years. For proper system functioning, the lowest antenna would be installed at a minimum height of 35 feet to avoid foliage blockage and each additional antenna would be installed a minimum of 15 feet apart vertically, above the first antenna. The proposed antenna support structure will be situated approximately 7 feet east of the existing western substation control building, 114 feet from the northern fence line, 238 feet from the northern property line, 82 feet west of the western property line, and 153 feet from the southern property line. Fence - The second improvement includes the replacement of the existing chain link fence with an eleven - foot (11') tall expanded metal security fence with twelve inches (12") of Y-shaped barbed wire atop and four (4) sixteen -foot (16') "super -posts" supporting the fence. The plat of survey indicates the existing nonconforming chain link perimeter fence is six feet (6') tall with one -foot (1') of barbed wire currently within the front and side yards of the Subject Property. Barbed wire is permitted when used to protect industrial property and is required to be at least six feet (6') above the sidewalk and extend inward of the property. The proposed fence would generally follow and replace the existing fence line. The Zoning Ordinance allows fences up to eight feet (8') in height in industrial districts when used for the purpose of screening accessory building material or equipment. Fences used for the purposes of screening utility H:\PLAN\Planning & Zoning COMM\P&Z 2021\Staff Reports\PZ-17-21 1650 Dempster St (CU - Antenna, VAR- Fence Height).docx 65 equipment in industrial districts are required to be solid. The Zoning Ordinance allows fences up to six feet (6') in height in rear and interior side yards in all other zoning districts provided the fence is located behind the front line of the principal building structure. The Petitioner proposes a solid perimeter fence that exceeds the maximum fence heights in the two zoning districts as summarized in the following table: . ............. .. .. . . .. ........ . .. .... ­.,.,.,..­, . . ......... - -------------------------- . .... . . ..... Section t inmc District Requirement (Height) Existing Height Proposed Height % Increase .w.......... a 6Ipermittedterior side ...-. " .. 6'plus 12barbed 11'plu1"bard /fence /o 14.31 ads re,16su erost 166.67%sper st _..........w.-........ 14.318.B.7.a 1-1 ................ ...._.. 8' ... 6'..plus 12" barbed 11' plus 12" b.....-��� arbed 37.5% wire wire Landscaping - The third improvement is a comprehensive landscape screening plan around the perimeter of the substation. The landscape plans indicate a substantial amount of ground level screening proposed along the Dempster Street frontage, the northern fence, and portions of the east and west fences located within the transmission right-of-way. The proposed perimeter landscaping will be composed of a mixture of large deciduous shrubs, evergreen shrubs, perennials and grasses. Per code, the proposed shrubs will be three feet (3') tall at time of installation and will reach their mature height within three (3) to five (5) years. Per the project's landscape architect, the species of shrubs were chosen because the shrubs will reach the desired screening height of eight feet (8') to ten feet (10') along the north, west and east fence lines, to fifteen feet (15') for the taller evergreens along Dempster Street, and are durable and will tolerate the proposed location without substantial maintenance. Five different species of deciduous shrubs and two species of evergreen shrubs were also selected as a precautionary measure against pests or disease. If either of these were to attack one species, the others would remain. Per the project's landscape architect, there are twenty-two (22) existing trees across the Dempster Street frontage of which twelve trees will be removed. Of these twelve, three are dead (1 Austrian Pine and 2 Spruce). The remaining ten trees are Austrian Pine trees that are either planted within the 10 -foot security clear zone or are declining in health and have limbs that protrude into the 10 -foot security clear zone. The 10 -foot security clear zone is necessary for two reasons: (1) to ensure there is no vegetation in close proximity to the fence which can be used in any way to aid in an attempted climb over the fence; and (2) to ensure maximum, clear visibility even in less -than -ideal weather conditions of the critical zone just outside the fence so that security technology used for protection in conjunction with the fence is not impeded and to eliminate, for both ComEd and local public safety forces, potential hiding areas. COMPREHENSIVE PLAN The Village Comprehensive Plan designates the Subject Property as Utility/Right-of-Way and Open Space and Recreation. The proposed project aligns with Goal 7 of the Comprehensive Plan which ensures that all parts of the community are well served by infrastructure, and support their maintenance and enhancement to serve the future needs of the community. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a conditional use. The following list is a summary of these findings: I I \fIIA1ti ,I\Nn ari )ln , ij _ n'iii�v f.f)Ml\/lAf°&1 20),1 1 aff I;C, s\ I,/ 1.7 J 1 1f,7f,J I)(.n)p'JeI `,I (( IJ Antenn , V!'"R I (_in(e 1Iei[',hI)dw:x 66 • The conditional use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The conditional use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the conditional use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. • The request conforms to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the planning and zoning commission. The Petitioner states that the proposed conditional use will not be detrimental to the general welfare of the neighborhood, will support surrounding properties and the entire Village by helping to improve grid reliability and minimize power outages, and will not impede the normal and orderly development and improvement of the surrounding properties. The Petitioner states that the proposed variation is requested to fully comply with applicable federal directives and industry requirements and standards, and that these mandates are not applicable to typical property owners in the 1-1 and R-1 zoning district. Failure to comply with the federal mandates would signal a hardship. The Petitioner further states that the variation is not based on a desire for financial gain but to deter potentially malicious intruders from causing disruptive power outages, and that the variation is needed to provide heightened protection and security only. Staff is supportive of the conditional use request. From an aesthetic standpoint, the proposed antenna would be noiseless, unlit and would blend in with existing substation mechanical equipment and the taller utility towers within the ComEd right-of-way. Staff believes the antenna would improve the reliability of an existing public utility to the entire Village. VARIATION STANDARDS The standards for a variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a variation. The following list is a summary of these findings: • A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; • Lack of desire to increase financial gain; and • Protection of the public welfare, other property, and neighborhood character. Staff has reviewed the Petitioner's variation request and finds unique conditions exist that are not generally applicable to other properties as the site must comply with federal mandates not applicable to typical owners in the 1-1 and R-1 zoning districts. The height of the proposed fence and the proposed perimeter landscaping will improve the screening of the existing substation equipment, improve the aesthetics of the substation frontage along Dempster Street and within the ComEd right-of-way, and provide the site with better security. The proposed variation will not impair or be injurious to the surrounding neighborhood. IJ,I IarI1 111i,; ZoI-] ri„ CfCMla✓I\M,I M `,Iraif [",eprar", J -v 'l7 �) 1 D ir�p'd eir S((:U Arfl,orii ), VA R, f (,n, (, fIe, l,l t),c�ocy 67 Staff finds that the conditional use and variation requests meet the conditional use and variation standards as listed in the Zoning Ordinance and that granting such requests would be in the best interest of the Village. Based on these findings, Staff recommends that the Planning & Zoning Commission make a motion to adopt staff's findings as the findings of the Planning & Zoning Commission, recommend approval for the conditional use, and approve the variation request. If the Planning & Zoning Commission wishes to support the requests, Staff recommends approval of the following motions: 1. Adopt the Findings of Fact in response to the Standards for Conditional Uses and Standards for Variations as outlined in the Administrative Content included in the staff report for Case No. PZ -17-21. 2. Recommend approval of a conditional use permit to allow for the installation of a 104 -foot tall antenna support structure, including a 4 -foot tall lightning rod atop and five (5) monitoring antennae, subject to the following conditions: a. The antenna support structure shall not be used for any commercial communication services, personal wireless services, and/or small wireless facilities (e.g., 5G or any other cellular telephone technologies). b. Development of the antenna support structure shall be in general conformance with the drawings prepared by the Commonwealth Edison Co., undated, and as attached to this staff report. c. Any future height modification to the proposed 104' antenna support structure shall apply for an amendment to the proposed conditional use. d. A building permit submittal shall be submitted for record purposes and shall require third party inspection approvals to be submitted to the Village for record purposes. 3. Approve a variation from the fence height regulations to allow for the installation of an 11 -foot (11') tall expanded metal perimeter (security) fence with an additional 12"of Y-shaped barbed wire atop and four (4) sixteen -foot (16') tall fence posts, and associated landscaping improvements, subject to the following conditions: a. Development of the fence and associated landscaping improvements shall be in general conformance with the drawings prepared by the Commonwealth Edison Co. dated 12/1/21. b. The fence shall be black. c. A landscape plan which complies with Village Code requirements shall be submitted as part of the building permit submittal. The Planning and Zoning Commission's decision is final for the fence variation request. The Village Board's decision is final for the conditional use request. ATTACHMENTS: I concur: ADMINISTRATIVE CONTENT (Zoning Request Application, Responses to Standards, etc...) -0 William J. Cooney, AICP Director of Community Development PLANS (Plat of Survey, Site Plan, etc.) OTHER Q plemental Information,ic Comments Received, etc...) H:\PLAN\Planning & Zoning COMM\P&Z 2021\Staff Reports\PZ-17-21 1650 Dempster St (CU - Antenna, VAR- Fence Height) docx MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -17-21 Hearing Date: December 9, 2021 PROPERTY ADDRESS: 1650 Dempster Street and 1510 S. Busse Road PETITIONER: Scott Saef, Sidley Austin LLP PUBLICATION DATE: November 24, 2021 REQUEST: CU: Antenna Support Structure VAR: Fence Height MEMBERS PRESENT: Thomas Fitzgerald William Beattie Walter Szymczak Joseph Donnelly Donald Olsen MEMBERS ABSENT: Norbert Mizwicki Lisa Griffin STAFF MEMBERS PRESENT: Bill Cooney, AICP — Director of Community Development Connor Harmon —Senior Development Planner Ann Choi — Development Planner Valeria Tarka — Planning Intern INTERESTED PARTIES: 1 Commonwealth Edison Company, Village of Mount Prospect Chairman Donnelly called the meeting to order at 7:01 PM. Commissioner Beattie made a motion seconded by Commissioner Szymczak to approve the minutes from the Planning and Zoning Commission meeting on November 11, 2021. The minutes were approved 4-1. Chairman Donnelly introduced Zoning Case No. PZ -17-21 1650 Dempster Street and 1510 South Busse Road (Subject Property), for a conditional use for an antenna support structure and a variation for fence height. The fence variation request is Planning and Zoning Commission final and the conditional use request is Village Board final. Ms. Choi stated that the petitioner is requesting the approval of a conditional use permit to allow for the installation of a 104 -foot tall antenna support structure, including a 4 -foot tall lightning rod atop and 5 monitoring antennae. Ms. Choi also stated that the petitioner is also requesting approval of a variation from the fence height regulations to allow for the installation of an 11 -foot tall expanded metal perimeter security fence with an additional 12 inches of Y-shaped barbed wire atop and four 16 -foot tall fence posts, and associated landscaping improvements. Ms. Choi gave a brief introduction of the subject property. Ms. Choi stated that the subject property consists of an electrical substation located at 1650 Dempster Street and a portion of 1510 S. Busse Road, 19 within one of Commonwealth Edison's (ComEd's) existing transmission corridors. Ms. Choi explained that the subject property is located on two lots; the existing substation is located on the entire lot currently zoned 1-1 Light Industrial and only partially on the lot zoned R-1 Single Family Residential District. These two lots comprise the "zoning lot". Ms. Choi gave a brief description of the history of the site and described the surrounding properties and its adjacent uses, including B-3 Community Shopping and B-4 Commercial Corridor zoned lots to the west (liquor store, laundromat and restaurant), east (restaurant) and south (commercial strip center) of the Subject Property. Ms. Choi stated that abutting properties to the north of the subject property are R-4 Multi -Family Residential planned unit developments including the Dover Park Condominiums and the Greens Apartments. Ms. Choi stated that the subject property was annexed into the Village in 1963 under Ordinance No. 920. Ms. Choi presented a series of site photographs to illustrate the existing conditions. Site photographs included the subject property's frontage along Dempster Street and views from the east, west and north. Ms. Choi explained that the petitioner proposes three improvements to its substation to preserve and enhance the provision of electrical service. Ms. Choi further explained that as part of ComEd's "smart grid" initiative which includes an upgrade of the existing electrical distribution communication system, the first improvement includes the installation of a 104 -foot tall antenna support structure within the existing substation on the 1-1 zoned portion of the zoning lot, just east of the western substation building. Ms. Choi stated that the proposed antenna support structure would enhance reliable electrical service and upgrade the existing electrical distribution communication system by emitting radio signals exclusive to ComEd to communicate with ComEd's electrical devices/equipment on the electrical grid system. Ms. Choi indicated that the proposed antenna would not be used for any commercial communication services such as 5G or any other cellular telephone technologies. Ms. Choi also pointed out that the existing transmission structures directly north of the substation range in height from 125 feet to 139 feet in height. Ms. Choi further stated that the antenna support structure would support five receiving and transmitting antennae to support approximately 250 monitoring and sensing devices to be installed in the Mount Prospect -area distribution circuits. Ms. Choi stated that the lowest antenna would be installed at a minimum height of 35 feet to avoid foliage blockage and each additional antenna would be installed a minimum of 15 feet apart vertically, above the first antenna. Ms. Choi presented an image of a similar structure that was installed in Willow Springs, Illinois. Ms. Choi further stated that the project has been designed as part of a security plan being carried out by Exelon public utilities nationwide in response to mandatory federal directives and standards, and as a response to these directives, the petitioner proposes the second improvement that includes the replacement of the existing chain link fence with an 11 -foot tall expanded metal security fence with 12 inches of Y-shaped barbed wire atop and four 16 -foot super -posts supporting the fence. Ms. Choi noted that the proposed fence would be solid and would generally follow and replace the existing fence line. 70 Ms. Choi then presented a series of slides including an elevation and images of the proposed fence. Ms. Choi presented the third improvement consisting of a comprehensive landscape screening plan around the perimeter of the substation. Ms. Choi explained that a substantial amount of ground level screening was proposed along the Dempster Street frontage, the northern fence, and portions of the east and west fences located within the transmission corridor. Ms. Choi stated that the proposed perimeter landscaping will be composed of a mixture of large deciduous shrubs, evergreen shrubs, perennials and grasses. Ms. Choi went on to explain that there are twenty-two existing trees across the Dempster Street frontage of which twelve would be removed due to the poor condition of the trees or if they protruded into the 10 -foot security clear zone. Ms. Choi explained that a 10 -foot security clear zone is necessary to ensure there would be no vegetation in close proximity to the fence which can be used to aid in an attempted climb over the fence, to ensure clear visibility of the area outside the fence so that security camera visibility is not impeded, and to eliminate potential hiding areas. Ms. Choi highlighted that per Staff's request, the petitioner added substantial landscaping along the north fence and along portions of the east and west fences. Ms. Choi stated that Staff would like to eliminate these areas of landscaping as well as paring down the landscaping along the Dempster Street frontage in light of new comments received by the Mount Prospect park district and police department. Ms. Choi indicated that the park district requested that the areas of landscaping in the ComEd right-of-way be eliminated due to safety concerns and to deter people from camping, drinking, and residing within the tall bushes. Ms. Choi added that the police department echoed the park district's concerns and also requested that the landscaping along Dempster Street be scaled down for safety issues due the prevalence of illicit activities. Ms. Choi further added that Staff requests that the Planning and Zoning Commission recommend adding a condition of approval that requires the applicant to work with Staff to prepare a Final Landscape Plan that addresses the concerns of the police department and park district. Ms. Choi presented a series of renderings showing the proposed fence during the warmer season and noted that the Petitioner provided renderings to show the fence in a black color and a silver color and seeks the Village's input on a preferred color. Ms. Choi noted that Staff unanimously preferred the black color. Ms. Choi stated that the Village of Mount Prospect's Comprehensive Plan designates the Subject Property as Utility/Right-of-Way and Open Space and Recreation and that the proposed project aligns with Goal 7 of the Comprehensive Plan which ensures that all parts of the community are well served by infrastructure, and support their maintenance and enhancement to serve the future needs of the community. Finally, Ms. Choi stated the Staff finds that all standards have been met and recommends approval of the conditional use and variation requests, subject to the conditions listed in the staff report with the added condition that requires the petitioner to work with Staff to prepare a final landscape plan that addresses the safety concerns raised by the police department. The Planning and Zoning's decision is 71 final for the fence height variation request and the Village Board's decision is final for the conditional use request. Ms. Choi concluded her presentation. Chairman Donnelly swore in Calandra Davis, External Affairs Manager for Commonwealth Edison, 201 N. Arthur Avenue, Mount Prospect, IL. Ms. Davis indicated there will be three individuals speaking on behalf of Commonwealth Edison including Scott Saef of Sidley Austin LLP (land use counsel for ComEd), Christopher Collins (Senior Manager for Exelon IT Digital Grid Projects), Christina Deuchler (Manager of Infrastructure for ComEd Security). Ms. Davis In addition to the speakers, Ms. Davies also introduced Duke Ali (Project Manager for ComEd) and Doug Gotham (Landscape Architect with Christopher B. Burke Engineering). Ms. Davis turned over the presentation to Mr. Saef. Chairman Donnelly asked Ms. Davis if she had any issues with the proposed conditions listed in the staff report for PZ -17-21. Ms. Davis replied that she had no problems with the conditions listed in the staff report for PZ -17-21. Chairman Donnelly swore in Scott Saef, Sidley Austin LLP, One S. Dearborn Street, Chicago, IL. Mr. Saef stated he is land use counsel for ComEd. Mr. Saef stated that ComEd accepts the conditions listed in the staff report for PZ -17-21. Mr. Saef stated there would be two speakers, Chris Collins who would describe the technology and why it is important for reliability and how the voltage flows through the system, and Christina Deuchler, who would explain why the security directive for the project. Commissioner Beattie inquired if there would be any discussion regarding the federal mandate requiring the upgrades. Mr. Saef responded that Christina Deuchler would provide the explanation. Chairman Donnelly swore in Christopher Collins, 146 Des Moines Street, Lemont, IL. Mr. Collins stated he is the Senior Manager for Exelon IT, who has been working on this project for ComEd. Mr. Collins stated he builds the smart grid network infrastructure for distribution automation and advanced smart meter infrastructure, for ComEd and other Exelon utilities, in the mid-Atlantic region. Mr. Collins explained there are three main reasons for wireless infrastructure. Mr. Collins stated the first reason is to minimize electrical distribution outages. In the event of an electrical outage, the second reason is to minimize any duration of an electrical outage, and the third reason is to efficiently provide the voltage along the distribution line. Mr. Collins provided an analogy and described a 2 -mile long distribution line. At one end of the two miles is a source, the substation, and at the other end, there is an end user (customer). In that two miles, there may be 2,000 customers, evenly distributed. Mr. Collins explained that if there is a lightning strike or a fault at the end of that 2 -mile line from the substation, that fault would take down all 2,000 customers. Mr. Collins stated that if a switch was put at mile 1, with the same fault, and that switch opens, only 1,000 customers would be out of power. Mr. Collins also stated that if another switch was located between the halfway point between the second mile, with the same fault, and that switch opens, only 500 customers would lose power. Mr. Collins further explained the more switches that are placed, the less outages would occur. Mr. Collins stated that more devices 72 and sensors that are placed on the network would more precisely identify the fault and ComEd could be dispatched more quickly to repair the fault, minimizing the duration of the outage. Mr. Collins explained the third reason for this system is to optimize the voltage across the distribution line. In any electrical line, there is electrical loss or impedance, and in order to compensate for voltage at the end of the line, you have to crank up the voltage from the source, which is an inefficient way of compensating voltage. Ways to compensate for this are putting capacitator banks or regulators along the line, for a more efficient voltage along that line so that pumps and motors so that things can run in a more efficient manner. Wireless infrastructure is necessary, Mr. Collins explained, for these switches to communicate with each other, for the information to flow to the operations control center, and to dispatch help quickly. Mr. Collins stated that the installation of 250 devices would allow the radios to communicate with these devices. Mr. Collins stated that each antenna can handle about 50 devices so 250 divided by 50 results in five antennae. These antennae have to be spaced apart with certain distances and this determines the height of the tower at 100 feet. Mr. Collins noted that the existing transmission towers are taller at approximately 125 feet to 139 feet and concluded his testimony. Chairman Donnelly noted that the height of the existing towers helps the request. Commissioner Beattie asked that in the event that something happens, the sensors would allow whoever is maintaining this system to know where the faults happened more efficiently. Mr. Collins confirmed. Chairman Donnelly stated that these devices subdivide the line into 250 sections instead of one. Mr. Collins confirmed. No further questions were asked of Mr. Collins. Mr. Saef then introduced Christina Deuchler to explain the reason for the security upgrades. Chairman Donnelly swore in Christina Deuchler, Physical Security Manager for ComEd, 1919 Swift Drive, Oak Brook, IL. Ms. Deuchler explained that a presidential directive around 2015 under President Obama was introduced after the Metcalf Sniper attack in California, where attackers shot up a substation. Ms. Deuchler stated that prior to this incident, there were previous attacks across the country on electrical substations. Ms. Deuchler presented some statistics of incidents that occurred locally in ComEd's territory in Illinois, outside of the city of Chicago, mainly in the northern, western, and southern suburbs. Ms. Deuchler stated that these incidents included burglaries, sabotage, vicious persons, and explosive devices. Ms. Deuchler stated that the last explosive device was used in the north suburbs in a transmission right-of-way. Ms. Deuchler also presented some photos of substation damage including an incident that occurred in the western suburbs near O'Hare airport where a burglar dug underneath a substation fence, pried open a control house door, removed copper grounding bars inside the substation building. Ms. Deuchler stated that all of this occurred between the time the alarm went off and the police arrived at the scene to arrest the burglar. Ms. Deuchler described another incident where individuals cut through decorative fencing with a hack saw and the mesh fencing behind it. 73 Ms. Deuchler noted that the fencing proposed for the subject property is being deployed across the entire Exelon footprint within the country. Ms. Deuchler explained that substations are tiered in the order of criticality and the amount of investment placed into the substation is measured to how critical the substation is. Ms. Deuchler stated that all of the fencing is ASTM -rated, evaluated and certified. Ms. Deuchler stated that the Department of Homeland Security has also audited ComEd to evaluate how well ComEd has responded to the presidential directive, noting that ComEd has been successful and consistent in its approach. Ms. Deuchler then provided an explanation of the three different levels of threats in the context of threats measures and the type of fencing selected. Low level threats include opportunists who might be searching for copper, low level sabotage, and not very organized. In response, Ms. Deuchler stated that ComEd has established a cut time, how long it would take to cut through and climb over the fence material. Ms. Deuchler stated that a medium threat is a more organized group who may be equipped with power tools. Ms. Deuchler stated that high level or aggressive threats include individuals that are determined to get into the substation, and there is very little that ComEd can do to stop high level threats except to detect them. Ms. Deuchler presented a slide showing the threat levels and how much time it would take to cut through that fence. The slide indicated that for a low level threat (an individual with hand tools), it would take more than 45 minutes to cut through; for a medium level threat (more than one individual with power tools), it would take more than 10 minutes; and for a high level threat (dedicated offenders), cut -through time is less than 5 minutes, and represents a failed fence. Ms. Deuchler stated that the particular fence that is proposed was chosen because of the cut -through time and it is important not to substitute it with other materials. Ms. Deuchler concluded her presentation. Chairman Donnelly asked if there were any questions. Commissioner Beattie asked if the 11 -foot height was determined because it was required by the federal mandate or if this is common ComEd practice. Ms. Deuchler responded that the federal mandate was not prescriptive and directed utility companies to evaluate their own structures, to measure their criticalities within the national grid and community, and to "harden" these structures. Ms. Deuchler explained that the 11 -foot height was chosen because a standard ladder is 8 feet, and barbed wire was added so that intruders would need additional tools to overcome the barbed wire. Ms. Deuchler stated that ComEd locates landscaping 10 feet away from the fencing and chooses landscaping that does not grow more than 10 feet in height for clear visibility. Commissioner Beattie then asked if ComEd used the 11 -foot fence with barbed wire in other locations. Ms. Deuchler responded that 11 -foot fences with barbed wire are used at all other operationally critical substation sites. Commissioner Beattie inquired about the high level threat and why the fence failed in Ms. Deuchler's previous slide. Ms. Deuchler responded that if a box truck were to be driven into the fence, there is very little to stop it. 74 Commissioner Beattie asked if it was common to have incidents like the one that occurred in the western suburbs mentioned earlier. Ms. Deuchler replied that when the copper prices are up, it is not uncommon. Chairman Donnelly then thanked Ms. Deuchler for her presentation. Mr. Saef stated that their presentation was concluded and were open to any questions. Chairman Donnelly asked the audience if there was anyone that would like to address the case. Chairman Donnelly swore in Robert Galler, 1810 W. Hatherleigh Court, Mount Prospect, IL. Mr. Galler noted that the representatives for ComEd were kind and previously answered a number of questions already. Mr. Galler noted that the project comes down to two main issues, security and outages. Mr. Galler agreed that the infrastructure should be hardened. Mr. Galler stated the directive was mandated by the federal government, and asked if the federal government would be responsible for the cost or if ComEd would be paying for the upgrades and passing that cost down to the taxpayers. Mr. Galler's requested an explanation of a footprint on the site plan just north of the substation. Mr. Galler then asked what frequency would be used by the antennae on the support structure. Finally, Mr. Galler then asked if the community is aware that there will be additional two-way communication devices all over the neighborhood. Mr. Donnelly commented that the 250 devices would be much smaller than any 5G devices installed in the community in the future. Mr. Galler responded that he had no issue with the reliability of the grid, but clarified that his issue was related to the number of the smaller wireless devices coming into the community. Chairman Donnelly asked what issue Mr. Galler had on the frequency of the radio signals. Mr. Galler replied that it is about disclosure and transparency. Mr. Saef responded to Mr. Galler's questions and stated that the improvements would not be paid by the federal government and would be paid by the utility users. Mr. Saef stated that the frequency used by the antennae would be in the range of 902-928 MHz. Chairman Donnelly noted that the footprint on the site plan was an existing transmission tower footprint. Chairman Donnelly asked Director Cooney to confirm that future commercial communication service equipment such as 5G could not be installed on the antenna support structure since this would be restricted by one of the conditions in the staff report. Director Cooney confirmed. Hearing no further comments or questions, Chairman Donnelly asked for a motion. Commissioner Beattie made a motion seconded by Commissioner Fitzgerald to approve the following motion: 1. Adopt the Findings of Fact in response to the Standards for Conditional Uses and Standards for Variations as outlined in the Administrative Content included in the staff report for Case No. PZ - 17 -21; 2. Recommend approval of a conditional use permit to allow for the installation of a 104 -foot tall antenna support structure, including a 4 -foot tall lightning rod atop and five (5) monitoring antennae, subject to the following conditions: a. The antenna support structure shall not be used for any commercial communication services, personal wireless services, and/or small wireless facilities (e.g., 5G or any 75 other cellular telephone technologies); b. Development of the antenna support structure shall be in general conformance with the drawings prepared by the Commonwealth Edison Co., and attached to this staff report; c. Any future height modification to the proposed 104 -foot antenna support structure shall apply for an amendment to the proposed conditional use; d. A building permit submittal shall be submitted for record purposes and shall require third party inspection approvals to be submitted to the Village for record purposes; e. Prior to building permit submittal, the petitioner shall submit a revised landscape plan that addresses the public safety concerns of the police department; and f. A final landscape plan which complies with Village Code requirements shall be submitted as part of the building permit submittal. 3. Approve a variation from the fence height regulations to allow for the installation of an 11 -foot (11') tall expanded metal perimeter (security) fence with an additional 12"of Y-shaped barbed wire atop and four (4) sixteen -foot (16') tall fence posts, subject to the following conditions: a. Development of the fence shall be in general conformance with the drawings prepared by the Commonwealth Edison Co. received by the Village on 11/30/21. b. The fence shall be black. UPON ROLL CALL AYES: Olsen, Fitzgerald, Beattie, Szymczak, Donnelly NAYS: None The motion was approved 5-0 with a positive recommendation to the Village Board for the conditional use request. The Planning and Zoning Commission approved the fence height variation request. After hearing one additional case, Commissioner Beattie made a motion seconded by Commissioner Fitzgerald and the meeting was adjourned at 8:44 PM. I Ann Choi Development Planner 76 SIDLEY SIDLEY AUSTIN LLP ONE SOUTH DEARBORN STREET CHICAGO, IL 60603 +1 312 853 7000 +1 312 853 7036 SSAEF@SIDLEY.COM AMERICA • ASIA PACIFIC • EUROPE +1 312 853 4159 December 10, 2021 BY ELECTRONIC DELIVERY Ms. Ann Choi Development Planner Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 Re: Request for Waiver of Second Reading -- 1650 Dempster Street and 1510 S. Busse Road -- PZ -17-21 Dear Ann: On behalf of the Commonwealth Edison Company ("ComEd"), I am hereby respectfully submitting this letter as a formal request for a waiver of the Village Board's second reading regarding our conditional use proposal so that the Village Board may take final action on the application at its meeting scheduled for December 14, 2021. As you are aware, the Village of Mount Prospect's Planning & Zoning Commission unanimously recommended approval of our conditional use application last evening. Waiver of second reading will help set the stage for ComEd's activities right away on permitting so that the antenna support structure project can be implemented as soon as feasible. This will assist with the reliability and voltage optimization initiatives discussed in our application and during the Commission meeting last evening. I would be happy to answer any questions about this request. Very truly yours, Scott E. Saef 77 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE TO ALLOW INSTALLATION OF AN ANTENNA SUPPORT STRUCTURE AND ASSOCIATED ACCESSORIES FOR PROPERTY LOCATED AT 1650 DEMPSTER STREET AND 1510 SOUTH BUSSE ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, Commonwealth Edison (Petitioner), has filed a petition for a Conditional Use to allow for the installation of a one hundred four foot (104') tall antenna support structure, including a four foot (4') tall lightning rod atop and five (5) monitoring antennae for property located at 1650 Dempster Street and 1510 South Busse Road (Property) and legally described as: PARCEL 1: THAT PART OF LOT TWO (2) IN EDWARD BUSSE'S DIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN (15), AND THE NORTHEAST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN (11) EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED DECEMBER 17, 1919, AS DOCUMENT NO. 6696216, IN COOK COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE OLD CENTER LINE OF ALGONQUIN ROAD WHICH IS TWO HUNDRED TEN (210) FEET EAST OF (MEASURED AT RIGHT ANGLES TO) THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTH ALONG A LINE TWO HUNDRED TEN (210) FEET EAST OF AND PARALLEL WITH THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER A DISTANCE OF ONE HUNDRED THREE AND FIVE HUNDREDTHS (103.05) FEET TO AN ANGLE POINT; THENCE NORTHEASTERLY ALONG A DIAGONAL LINE DRAWN FROM SAID ANGLE POINT TO A POINT IN THE EAST LINE OF SAID LOT TWO (2) WHICH IS THREE HUNDRED TWENTY- SIX AND TWENTY-FIVE HUNDREDTHS (326.25) FEET NORTH OF THE SOUTH LINE OF SAID SECTION FIFTEEN (15) (AS MEASURED ALONG THE EAST LINE OF SAID LOT TWO (2)) A DISTANCE OF THREE HUNDRED THIRTY-THREE AND EIGHTY-FIVE HUNDREDTHS (333.85) FEET FOR A POINT OF BEGINNING OF THIS PARCEL OF LAND (SAID POINT OF BEGINNING IS SIX HUNDRED THIRTY-SIX AND EIGHT HUNDREDTHS (636.08) FEET SOUTHWESTERLY OF THE EAST LINE OF SAID LOT TWO (2) AS MEASURED ALONG SAID DIAGONAL LINE); THENCE SOUTHEASTERLY ALONG A LINE DRAWN AT RIGHT ANGLES TO SAID DIAGONAL LINE A DISTANCE OF TWO HUNDRED NINETEEN AND EIGHTY-TWO HUNDREDTHS (219.82) FEET TO THE INTERSECTION OF SAID LINE WITH THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST ALONG SAID SOUTH LINE A DISTANCE OF FOUR HUNDRED FOUR AND FIFTY-NINE HUNDREDTHS (404.59) FEET TO A POINT WHICH IS ONE HUNDRED EIGHTY-ONE (181) FEET WEST OF THE EAST LINE OF SAID LOT TWO (2); THENCE NORTH ALONG A LINE DRAWN AT RIGHT ANGLES TO SAID SOUTH LINE A DISTANCE OF TWO HUNDRED NINETY-FOUR (294) FEET TO THE INTERSECTION OF SAID LINE WITH THE AFORESAID DIAGONAL LINE (SAID INTERSECTION BEING ONE HUNDRED EIGHTY-SIX AND EIGHTY-FIVE HUNDREDTHS (186.85) FEET SOUTHWESTERLY OF THE EAST LINE OF SAID LOT TWO (2) AS MEASURED ALONG SAID DIAGONAL LINE); THENCE SOUTHWESTERLY ALONG SAID DIAGONAL LINE A DISTANCE OF FOUR HUNDRED FORTY-NINE AND TWENTY-THREE HUNDREDTHS (449.23) FEETTO THE POINT OF BEGINNING OF THIS PARCEL OF LAND, SITUATED IN THE COUNTY OF COOK, IN THE STATE OF ILLINOIS and PARCEL 2: THAT PART OF LOT TWO (2) IN EDWARD BUSSE'S DIVISION OF PART OF THE SOUTHEAST QUARTER OF SECTION FIFTEEN (15) AND THE NORTHEAST QUARTER OF SECTION TWENTY-TWO (22), TOWNSHIP FORTY-ONE (41) NORTH, RANGE ELEVEN (11) EAST OF THE THIRD PRINCIPAL MERIDIAN, AS RECORDED DECEMBER 17, 1919, AS DOCUMENT NO. 6696216 IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE INTERSECTION OF THE OLD CENTER LINE OF ALGONQUIN ROAD WITH THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION FIFTEEN (15), WHICH POINT IS A DISTANCE OF ONE HUNDRED SIXTY- THREE AND SIXTY-FOUR HUNDREDTHS (163.64) 78 PZ 17-21 FEET NORTH OF THE SOUTHWEST CORNER OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER A DISTANCE OF ONE HUNDRED SEVENTY-ONE AND NINETY-TWO HUNDREDTHS (171.92) FEET TO AN ANGLE POINT; THENCE NORTHEASTERLY ALONG A DIAGONAL LINE DRAWN FROM SAID POINT TO A POINT IN THE EAST LINE OF SAID LOT TWO (2), WHICH IS A DISTANCE OF FIVE HUNDRED THIRTY-NINE AND EIGHTY HUNDREDTHS (539.80) FEET NORTH OFTHE SOUTH LINE OF SAID SECTION FIFTEEN (15) (AS MEASURED ALONG THE EAST LINE OF SAID LOTTWO (2); A DISTANCE OF ONE THOUSAND ONE HUNDRED EIGHTY- THREE AND SIXTY HUNDREDTHS (1183.60) FEET TO THE EAST LINE OF SAID LOT TWO (2); THENCE SOUTH ALONG THE EAST LINE OF SAID LOT TWO (2) A DISTANCE OF TWO HUNDRED THIRTEEN AND FIFTY-FIVE HUNDREDTHS (213.55) FEET TO A POINT WHICH IS TWO HUNDRED TEN (210) FEET SOUTHEASTERLY OF (MEASURED AT RIGHT ANGLES TO) AND PARALLEL WITH THE AFORESAID DIAGONAL LINE; THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE A DISTANCE OF NINE HUNDRED SIXTY-NINE AND NINETY-THREE HUNDREDTHS (969.93) FEET TO THE INTERSECTION OF SAID PARALLEL LINE WITH A LINE WHICH IS TWO HUNDRED TEN (210) FEET EAST OF AND PARALLEL WITH THE WEST LINE OF SAID EAST HALF OF THE SOUTHEAST QUARTER; THENCE SOUTH ALONG SAID PARALLEL LINE A DISTANCE OF ONE HUNDRED THREE AND FIVE HUNDREDTHS (103.05) FEET TO THE INTERSECTION OF SAID PARALLEL LINE WITH THE OLD CENTER LINE OF ALGONQUIN ROAD; THENCE NORTHWESTERLY ALONG THE OLD CENTER LINE OF ALGONQUIN ROAD, A DISTANCE OF TWO HUNDRED THIRTY-FIVE AND THIRTY-TWO HUNDREDTHS (235.32) FEET TO THE POINT OF BEGINNING. PROPERTY INDEX NUMBER: 08-15-400-019, 08-15-400-084-0000 AND 08-15-400-085- 0000; and WHEREAS, a Public Hearing was held on the request for a Conditional Use being the subject of PZ -17-21 before the Planning and Zoning Commission of the Village of Mount Prospect on the 9" day of December, 2021, pursuant to proper legal notice having been published in the Daily Herald on the 24" day of November, 2021; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the Mayor and Board of Trustees in support of the request being the subject of PZ -17-21; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the Conditional Use allows for the installation of a one hundred four foot (104') tall antenna support structure, including a four foot (4') tall lightning rod atop and five (5) monitoring antennae for property located at 1650 Dempster Street and 1510 South Busse Road, and would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: The recitals set forth hereinabove are incorporated as findings of fact by the Mayor and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The Mayor and Board of Trustees of the Village of Mount Prospect grant a Conditional Use to allow for the installation of a one hundred four foot (104') tall antenna support structure, including a four foot (4') tall lightning rod atop and five (5) monitoring antennae for property located at 1650 Dempster Street and 1510 South Busse Road, subject to the following conditions: 1. 'The antenna support structure shall not be used for any commercial communication services, personal wireless services, and/or small wireless facilities (e.g., 5G or any other cellular telephone technologies); 79 PZ 17-21 2. Development of the antenna support structure shall be in general conformance with the drawings prepared by the Commonwealth Edison Co., and attached to this Ordinance as Exhibit "A"; 3. Any future height modification to the proposed 104 -foot antenna support structure shall apply for an amendment to the proposed conditional use; 4. A building permit submittal shall be submitted for record purposes and shall require third party inspection approvals to be submitted to the Village for record purposes; 5. Prior to building permit submittal, the petitioner shall submit a revised landscape plan that addresses the public safety concerns of the police department; and 6. A final landscape plan which complies with Village Code requirements shall be submitted as part of the building permit submittal." SECTION THREE: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance and Exhibit "A" with the Recorder of Deeds of Cook County. SECTION FOUR: This Ordinance shall be in full force and effect from and after its passage, approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED AND APPROVED this 14th day of December, 2021 Paul Wm. Hoefert Mayor ATTEST: Karen M. Agoranos Village Clerk 80