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Plan Commission Packet 2009 05-13-09 ee',o err o United City of Yorkville J '" 800 Game Farm Road EST '� � 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 R paRC�,ry 4a A4(E PLAN COMMISSION AGENDA Wednesday, May 13, 2009 Yorkville Public Library 902 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: March 11,2009 Public Hearings: 1. PC 2009-05 Alan R. Haehner, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation and rezoning from Kendall County A-1 Agricultural to the United City of Yorkville R-2 Residential. The real property consists of approximately 120 acres, located at the northwest corner of Ament and Ashley Roads, Kendall County, Illinois. - Action Items i. Annexation ii. Rezoning 2. PC 2009-08 Apex Developers, LLC, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from the United City of Yorkville B-3 Service Business District to the United City of Yorkville Planned Unit Development. The real property consists of 4.214 acres, located on the east side of Route 47, north of Route 71, Yorkville, Illinois. - Action Items i. Rezoning 3. PC 2009-09 The United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to Title 10, Chapter 15, Section 63 of the Municipal Zoning Code regarding telecommunication tower equipment structures. - Action Item i. Amend Title 10, Chapter 15 of the Municipal Zoning Code Adjournment Page 1 of 3 ORAFT UNITED CITY OF YORKVILLE PLAN COMMISSION Yorkville Public Library, Historic Meeting Room Wednesday, March 11, 2009 7:00pm Chairman Anne Lucietto called the meeting to order at 7:00pm. Roll Call: Anne Lucietto, Chairman Michael Crouch Charles Kraupner Sandra Adams Brian Schillinger Jack Jones Jeff Baker Tom Lindblom Clarence Holdiman A quorum was established Other City Staff: Travis Miller, Community Development Director Guests: Matt Schury, Kendall County Record Tom Gilmour Attorney Dan Kramer Karen Purinter Janelle Collier, JoRic Trading Company Minutes- The minutes from January 14, 2009 were approved as read on a motion by Sandra Adams and second by Michael Crouch. Unanimous approval on a voice vote. Public Hearin The Commissioners all voted to enter into Public Hearing. 1. PC 2008-29 The United City of Yorkville, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to Chapter 10, Section 813-3 of the Municipal Zoning Code regarding mining. Travis Miller was sworn in by Chairman Lucietto. Mr. Miller gave an overview of this amendment and said the City is proposing a modification to the amendment. Discussion began last fall in the Administration committee and staff has identified the City and County regulations. Original documents related to mining dated back to 1973. According to Travis, the State of Illinois has final authority regarding mining operations, but that Kendall County went above and beyond the State requirements. Page 2 of 3 Mining is now considered a special use and this will not change. The change to the amendment is the addition of Article C. The Plan Commission has the ability to assign special conditions on a case by case basis. The Engineering Department and Bill Dettmer reviewed the text in the ordinance and some recommendations for text changes were made. Travis highlighted some of the topics and changes in the amendment: 1. Setbacks were added to amendment, even though State does not address 2. 10 acres minimum required for a mining operation 3. Fencing is not required 4. Submittal requirements are same as State's 5. Special use permit will expire 10 years after issuance unless a renewal is granted 6. Duties of the operator: berming, stormwater runoff 7. Entrance and egress not addressed by the State, this item was added 8. Trucks must be washed down for dust control 9. Hours of operation are 6am to 7pm April 1 to November 1 and from 6am to 6pm the remainder of the year 10. Language was added pertaining to private wells 11. Six months given to remove inoperable equipment 12. Annual review to be conducted Mining operations in McLean County and Bolingbrook were reviewed when considering this amendment. There are no potential operations in Kendall County at this time. Reclamation plans would be reviewed by the City and Plan Commission, however, the State has final say. A motion to close the Public Hearing was made by Brian Schillinger and seconded by Tom Lindblom. Unanimous voice vote. Action Item i. Amend Chapter 10 of the Municipal Zoning Code Tom Lindblom moved and Michael Crouch seconded the motion to recommend adoption of the amendment. Roll call vote: Kraupner-aye, Adams-aye, S chill inger-aye, Jones-aye, Baker-aye, Lindblom-aye, Holdiman-aye; Crouch-aye, Lucietto-aye. Unanimous approval. New Business: 1. PC�2009-03 Janelle Collier, petitioner, filed an application with the United City of Yorkville requesting a Mile and '/Z Review. The property consists of approximately 1.4489 acres, located at 7275 Route 34, Oswego. Attorney Dan Kramer represented the petitioner. The property in question is west of the Lynwood Church on Rt. 34 and Grande Reserve is on the northwest. Mr. Kramer made the following comments: There is already a blacktopped area for parking. City and County reviews have been completed. The business is now located on Rt. 126 and Ms. Collier wishes to move her business to Rt. 34. Page 3 of 3 The County is looking at B2 or B 1 zoning with a possibility of"Special Use". Attorney Kramer asked for a positive recommendation. Ms. Adams commented that this appeared to be spot zoning with the residential surrounding this property and that there is abundant empty space in town. Mr. Schillinger said a similar situation occurred on McHugh Road and the petition was denied even though there were surrounding businesses. Ms. Collier said she had spoken with the neighbors and they are supportive of her venture. She has been in Yorkville for 10 years, is currently paying rent and finding that difficult and would rather own her building. Attorney Kramer described the lot as an "orphan parcel" and said that this property could not be re-developed due to present street connections. There is also a line of trees on the east boundary that will not be cut down. The Commission members voiced concern that this property could be turned in to a strip mall in the future. A concern for traffic was raised by Mr. Crouch and he said when the road is widened, the traffic will go even faster. It was noted there is an area in the parking lot to turn around allowing for easier egress. Ms. Collier added that the property has 330 feet on Rte. 34 to allow excellent visibility. Attorney Kramer said the County Chairman has given a positive recommendation. Action Item i. Mile and % Review Mr. Lindblom moved to recommend to the Council and the County that this property be zoned as a County B2, Special Use. Brian Schillinger seconded the motion, but added that this action was being taken to protect Ms. Collier and Mr. Crouch said staff comments should be included in the recommendation. Roll call vote: Adams-aye; Schillinger-aye; Jones-aye; Baker-aye; Lindblom-aye: Holdiman-aye; Crouch-aye; Kraupner-aye; Lucietto-aye. Unanimous approval. Additional Business: A Plan Commission Consortium will be held March 18 at 7pm to discuss wind power. A seminar will be held in Shorewood also on March 18, to discuss water resource protection. It will be hosted by the Conservation Foundation. The newly appointed Zoning Commission will hold a kick-off meeting on March 25`h at 7pm. The seven-member Commission will meet monthly to revise the 36-year old Zoning Ordinance. Mr. Crouch will provide feedback to this Commission monthly and it is hoped that the revision process will be complete by the end of the year. Ad'ournment• There was no further business and the meeting was adjourned on a motion by Baker and second by Schillinger. Approved on a voice vote. Meeting adjourned at 7:42pm. Minutes respectfully submitted by Marlys Young Al C/Tr -1 n Memorandum J � � I To: Plan Commission EST. isss From: Travis Miller/Stephanie Boettcher .� !! CC: Annette Williams, Administrative Assistance (for distribution) 0 1�f"1 p Date: April 28, 2009 co-. x Subject: PC 2009— 05 Haehner (Annexation and Zoning) Comprehensive Plan Recommendation for Property The 2008 Comprehensive Plan recommends Suburban Neighborhood, Estate Neighborhood, and Parks/Open Space land uses for the subject parcel. The Comprehensive Plan defines Suburban Neighborhood as, "...intended to be a residential area primarily comprised ofsingle family detached residences. The Suburban Neighborhood land use seeks to preserve existing developed areas at this density and to create new lower-density environments characterized by intimate neighborhoods and residences of distinctive design...Gross density in this classification should be between 1.5 and 2.25 dwelling units per acre. " The Comprehensive Plan defines Estate Neighborhood as, "...intended to provide areas for low-density detached single-family residences. The Estate Neighborhood is characterized by substantial open spaces along roadways and between properties...Gross density in Estate Neighborhood areas should be less than 1.75 dwelling units per acre. " The Comprehensive Plan defines Park/Open Space as, "...intended to preserve existing public open spaces..., while identifying environmentally sensitive areas to establish appropriate locations for new designated open spaces. " Staff Suggestions: • The petitioner is requesting R-2 One Family Residence District zoning for the subject property. Density in R-2 zoned areas is not to exceed 3.3 dwelling units/acre (if the property is serviced by public sewer and water). o Maximum Unit Count for Subject Property(120 acres) • R-2 Zoning= 396 units (given the density cannot exceed 3.3 du/acre) • R-1 Zoning= 291 units • Suburban Neighborhood = 180—270 units • Estate Neighborhood= 210 units • Given the comprehensive plan recommendations for the subject property and the aforementioned density and maximum unit count allotment, staff recommends R-2 One Family Residence District with a cap of 210 residential units to be constructed on the subject property based on the maximum residential units as recommended by the Estate Neighborhood land use of the Comprehensive Plan. • The subject property is located in the Aux Sable Creek Watershed, specifically the Mid Aux Sable Creek sub-watershed. Future development of the subject property should incorporate the guidelines established by the Aux Sable Creek Watershed Plan completed by the Conservation Foundation. Specifically, future development should incorporate stormwater management best practices which are encouraged by the plan. Staff also encourages the current agricultural practices on the property to follow the recommendations of the Aux Sable Creek Watershed Plan as well. http://w w-v.auxsablecreekwatershed.or.g/ • In following the Aux Sable Creek Watershed Plan, conservation design principles are recommended for any future development of the subject property. ft - I , r et i � F _ rte q M P 200 .o The Data is provided without warranty or any representation of N accuracy,timeliness,or completeness.R is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Haehner Annexation/Zoning Oita United ofYorkftheD makes no KM E warranties,expressed orimpfied,to the use oflheDafa. Aerial View -parcel Data a Aerial Photography provided by Kendall County GIS Ma created by United City of Yorkville GIS S Legend 2008 Land Use Plan �- I Land Use Classification _ L_=Rural Neighborhood Estate Neighborhood Suburban Neighborhood If Traditional Neighborhood Commercial Neighborhood Retail 1 Industrial Office)Research 1 Mixed Use j y=i Pub[rjauasi Pubtic I �� ParkslOpen Space commeraavosiice Research q IndustnallOffice Research I ° 1 t ...I ._ Subject Property I Q � L 1 I 1 PC 2009-0 r The Data is provided without warranty or any representation of N a accuracy,timeliness,or completeness.ll is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and Haehner Annexation/Zoning appropriateness xpressdor;mpied,totheuseoftheData. W�► l warranties,expressed or implied,ro the use of the Data. Land Use -parcel Base provided by Kendall County G1S Map created by United City of Yorkville GfS t3 Legend F 1-Floodplam District {, i A I-Agricultural District � — E-1 -Estate Residence District R-1-One Fam16y Residence D strict r R-2 One Family Residence District R-2D-Duplex Two Family District ! ,R.3-General Residence District R-4-General Residence District h pUD Planned Unit Development O-Office District Q B-1 Limited Business District B-2-General Business Dtstncl B-3-Service Business D,strtct D _�..- 84-Business Dislricl P V M.1-Lrmded Manufacturing D,str,cl I_ M-2-General Manufacturing District Subject Property p P t 4 4 p P C 2009-05 The Data is provided without warranty or any representation of „ accuracy,timeliness,or completeness,It is the responsibility of the "Requester"to determine accuracy,timeliness,completeness,and 1 Haehner Annexation/Zoning appropriateness expressed orimpie,totheuseofheDorm. a W I ��E warranties,expressed or implied,to the use of the Bata. ,��j` Zoning -parcel Base provided by Hendall County GIS -Map created by United City of Yorkville GIS S a? fi COMMUNITY DEVELOPMENT DEPARTMENT EgE ti PC# A00,1 - 05 APPLICATION&PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUI=ST Development Name: Date of Submission: Requesting: Annexation Zoning conditioned upon approval of mutually acceptable annexation agreement 1. Name of Petitioner(s): Alan R. Haehner Address: 19457 Heitel Way, Prior Lake, PIN.S§:�-R S`;)� Phone Number. _9� �- '�I� -4- /7 Fax Number. Ennall Address: Relationship of Petiboner(s)to subject property: ff Owner Q Developer Contract Purchaser 2. Name of holder of legal tide, if different from#1: If legal tide is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property. unimproved farm land at northwest corner of Ament and Ashley Roads (ii). Zoning of surrounding parcels: North: A-1 Kendall County South: A-1 Kendall County East A-1 Kendall County West: A-1 Kendall County b). Legal description of property;attach as Exhibit W. c). Total Acreage: 120 acres d). Kendall County Parcel Number(s)of property: 05-15-200-002 e). Current Zoning Classification: A-1 Kendall County 0. Zoning Classification Requested: R-2 One Family Residence District g). Is this property within City limits? Yes X No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit 013', 5. List all governmental entities or agencies required to receive notice under Illinois law: Kendall County Soil and Water Conservation District Kendall Township Highway Commissioner Kendall Township Board of Zbwn Trustees _ 6. List the Illinois Business Tax Number(IBT#)for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? No 8. Do Electors reside on the subject property? No If so,they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number,and email address of person to whom inquiries regarding this pebtlon may be directed: Attorney: Name: Robert E. Nelson Address: 30 S. Stolp Ave., Suite 402, Aurora, II, 60506 Phone Number. (630) 892-4344 Fax Number. (630) 892-4371 Email Address: nelsonandshea@ameritech.net Engineer. Name: Address: Phone Number. Fax Number. Email Address: Land Planner. Name: 10. The subject property is not situated within the corporate limits of any municipality. 11. The subject property is not yet contiguous with the United City of Yorkville,Kendall County, Illinois,but is to be contiguous at the time of annexation. 12. The Petitioner desires that the subject property be annexed to the United City of Yorkville, Illinois conditioned upon establishment of contiguity with the City and further conditioned upon the adoption of a mutually agreeable annexation agreement between the Petitioner and the City. WHEREFORE,Petitioner requests that the corporate authorities of the United City of Yorkville, Illinois,by ordinance duly adopted,authorize the Mayor of the City to execute and deliver on behalf of the City an annexation agreement between the Petitioner as owner and the City,governing the terms and conditions of the annexation of the subject property to the City, and further requests that the corporate authorities of the United City of Yorkville,Illinois,by ordinance duly adopted, authorize the annexation of the subject property to the City,conditioned upon the establishment of contiguity between the subject property and the city limits and subject to the terms and conditions of the annexation agreement between the Petitioner and the City. Date: Z- 2009 Petitioner Ala A.Haehner STATE OF MINNESOTA } )SS COUNTY OF DAlk°lk' } I,Alan R.Haehner,being first duly sworn on oath depose and say that 1 have read the above and foregoing Application&Petition by me subscribed and that the matters and things contained therein are true. Aldh R.Hac XWAF C Subscribed and sworn to befo a me this Z day of 2009 RZ"PUb=1e*hZVJMM01a OYW � (APPLY NOTARY SEAL) Notary Public EXHIBIT A LEGAL DESCRIPTION: The South 112 of the Northeast 1/4 of Section 15 and the Fast 112 of the East 112 of the Northwest 1/4 of Section 15, in Township 36 North, Range 7, East of the Third Principal Meridian, in the Township of Kendall, Kendall County, Illinois. (Permanent Property Index#05-15-200-002) EXHIBIT 13 List of adjoining landowners and landowners within 500 feet of Subject Property 1. Parcel 405-15-200-001: George E. Block c/o Harris Bank, Suite 16W 111 W. Monroe Street Chicago, IL 60690 2. Parcel #05-10-400-001: George E. Block, et al 2402 Bennis Blvd. San Antonio,TX 78228 3. Parcel 005-10-300-001: Marianne Richards Limited Partnership 9103 Arnent Road Yorkville, IL 60560 4. Parcel #05-15-100-002: Larry R. Cooper Limited Partnership 9103 Arnent Road Yorkville, IL 60560 5. Parcel#05-15-300-005: MBC X LLC 1801 So Meyers Road, Suite 500 Villa Park,IL 60181 6. Parcel#05-15-400-001: Garry Gabel, et al 8242 Ament Road Yorkville, IL 60560 7. Parcel#05-14-300-002: George E. Block c/o Harris Bank I11 Monroe Street, Suite 16W Chicago, IL 60603 8. Parcel#05-14-100-001: Florence H. Block Trust c/o Harris Bank 111 Monroe Street West Chicago, IL 60603 CITY Ju 0 Memorandum To: Plan Commission EST. _ �— 1836 From: Travis Miller .� -� CC: Annette Williams (for distribution)ri�p; p� Date: May 7, 2009 A `, Subject: PC 2009-08 Fountainview (Rezoning and Re-Subdivision) L E Comprehensive Plan Recommendation for Property: The 2008 Comprehensive Plan recommends Commercial land use for this property. The Comprehensive Plan defines Commercial as, intends to proinote inarkel-sensitive development of coln]nerclal uses within strategically located L11'e[!s to efficiently, gffectively and conveniently set-ve the g)•oly ng local population while reinforcing the importance of the United City of York►,ille as a regional canter. " The Comprehensive Plan states that outside storage areas related to commercial uses should be buffered from public view. Where possible, commercial land uses should provide pedestrian connections and commercial development should strictly comply with the City's Design Guidelines. Background: • The petitioner is requesting to rezone the property from B-3 to PUD. The PUD is proposed to include all of the uses currently permitted by the Annexation Agreement (B- 3 uses) with the addition of"Automobile painting. upholstery. repairing, reconditioning and body and fender repairing, when done within the confines of a structure" which is a permitted use in the Limited Manufacturing District (M-1). • Staff advised the petitioner to request PUD zoning in lieu of M-1 for the property. • An Annexation Agreement was approved for this property in April 2007 and included provisions for B-3 Zoning and be developed in substantial confonnance with a Site Plan (attached — Exhibit B of the Annexation Agreement) which includes a bank use and office use. • The current Annexation Agreement requires the development of the property comply with all development ordinances including Zoning, Subdivision Control, Landscape, Sign Code and Appearance Code. • The surrounding property to the north and cast is zoned M-1. The Kendall County property to the south is unincorporated and zoned Kendall County B-3 Commercial. • The proposed Concept Plan for Lot 3 depicts Lot 3 being larger (and Lot 2 being smaller) than the approved Fountainview Subdivision plat. 1 Staff Recommendations: I. Require building elevations be prepared and included in the Annexation AgreementlPUD Agreement as an exhibit. This Exhibit should depict all structures on the property constructed of masonry material. 2. Require an eight foot high masonry wall matching the materials of the structure(s) surrounding the outdoor `repair vehicle storage' area and trash enclosure area. This wall/enclosure must be outside of any utilityld rain age easement. Site Planning PrincipleslDesign Guidelines (2005) Principle 8—Appropriate design of parking lots, utilities, sets ice areas and detention areas to reduce the negative impact of typically unattractive site components. 3. Require the owner to construct a 10' wide asphalt trail along the IL47 frontage (Lot I) of the property consistent with the City Park Development standards as well as sidewalks within all parcels to serve all buildings/uses in the development and provide connection to the IL47 trail. Site Planning PrincipleslDesign Guidelines (2005) Principle 7— Thoughtftd consideration of vehicular-and pedestrian circulation within individual developments. 4. The reconfiguration of Lot 2 and Lot 3 should be addressed in the Annexation Agreement and the Subdivision Plat should be amended and included as an exhibit to the Agreement provided the resubdivision complies with all Zoning Ordinance and Subdivision Control Ordinance requirements. 5. Increase the length of the proposed loading area on the Concept Site Plan to the required 10' x 50' dimension. 2 pi I. site Location 1:'7x1 The Data PC 2009-08 N accuracy,timeliness,or completeness.It p the responslbifity of the "Requester"to determine accuracy,timeliness,completeness,and Fountainview Amend Agreement appropriateness of Its use.The United City of Yorkville=kes no W E warranties,expressed or implied,to the use of the Data. 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I , r Legend 2008 Land Use Plan Land Use Classification I -_ Rural Neighborhood I Cf Estate Neighborhood , { Suburban Neighborhood ' f=.I Traditional Neighborhood Commercial ` , Neighborhood Retail Industrial I j! Office/Research t l CI Mixed Use , ' PubliciQuasi Public t ParksiOpen Space t VT !r Commercial/Off"Research ' - I F" IndusinallORtce Research t — — — — — — ^ — — —L , I ` , t7 I - - - - - - - - - - - - - - t I I , , I L , t I , t , l ' { L I I 71 yl , I 4 1 ^y y I t } 1 y V V V l V \ 5 y 1 ♦ 1 \ v4 \ l — 1 1 � I/� 4 R The Data Is provided without warranty or any representation of ** N PC 2009-08 accuracy,timeliness,orcompr eteness.Itis the responsibility ofthe "Requester"to determine accuracy,timeliness,completeness,and Fountainview Amend Agreement appropriat enessof Its use.The United City of Yorkville makes no w , E warranties,expressed or Implied,to the use of the Data. •Parcel Data a Aerial Photography provided by Kendall County GIS Land Use -Map created by United City of Yorkville 015 $ COPYRIGHT©2009 MeritCorp, ar SCALE: I..=20' DRAWN BY; PAS NORTH CHECKED BY; TDR SEAL' EXPIRES 11/30/09 s f LOT 2 5 - -- LOT 2 9wnMa 4T BACK ` oF 589'29'59'E 251.51' a LOT 1 a w s Ha D �. � / ax OK ON �noa �000n �000R L Via _. 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Name of Petitioner(s): •�� �" 'i�f•,/�'--�/% % ��� Address:,�>) ` I G i�i'f, ,�'� KILL r Phone Number. Fax Number: Email Address: Relationship of Petitioner(s)to subject property: Owner 0 Developer [] Contract Purchaser 2. Name of holder of legal title, if different from#1: If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). Street address and physical location of subject property: b). Legal description of property; attach as Exhibit"A". c). Total Acreage: d). Kendall County Parcel Number(s) of property. (/)i e}. Current Zoning Classification. % ? 5 . .� '�'✓ � c'.. 11 f). Zoning Classification Requested if changing zoning: e ,1 4. Names and addresses of any adjoining or contiguous landowners entitled to notice of petition under any applicable City ordinance or State Statute: (Please attach a separate list as Exhibit"B".) Pace 1 01,5 1 sited Cit< o1 York%ille Amend Anne\auoTOLD 1ppltcawn Re%ised 1 '_8 09 5. Date of Annexation or PUD Agreement sou ht to be amended: v Name of Agreement: ` /�!� �/'zz Date of Recording: o Attach a true and correct copy of agreement as Exhibit"C". 6. State the items to be amended from the existing annexation or PUD agreement. cf/7 If Dv 7. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name:/�jr�;, �, I 12-2,) Address:/i Ile �.� .� � > Phone Number: =� �,�� __. U Fax Number: �?--� Email Address: Engineer: Name: Phone Number:G% SS li d Fax Number:a'L-?C Email Address: Land Planner: Name: Mf /" Address: ) :, �y? S C i. �''f' �f DS �a 6 Phone Number. Fax Number: e�-_>zy ���z Email Address: 8. Submit the following to the Community Development Department in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b.Appropriate filing fee (Please refer to page 4 of this application "Petitioner Route, Step 1, Fees and/or contact the Community Development Department for verification of this amount). c. Site Plan (if necessary): 40 sets folded to fit in a 10" x 13" envelope d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. Pa6e 2 ors United Cm offork�die \mend Anne utionTUD Application RcN ised 128 0k) In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville Date i Petitioner(S. Si natu7 All legal property owners of record signatures must appear on this application } �l Subscribed and sworn to before me this day of fM,4 I ZQg ' REINSOORFF ✓ / i�� j �oF cinL� My COMMIS510N EXPIRES d� THIS APPLICATION MUST BE NOTARIZED. \s S �� NOVEMBER 5,2011 I nrtJC r. .>i l.r�. pia \.ncig�l \nee�.ito+v.Vi U 1prl��eiccn }t�.i•,e; �.5 .� EXHIBIT B ADJOINING OWNERS TO THE PARCEL NO. 05-04-300-023, 05-05-400-015/DTD 05-04-300-026, 05-04300-013 05-05-475-006 05-04-300-018, 05-05-400-003 David Sledden & Melissa Kotler Fox Valley Farm Partnership 271 Walsh Circle 11615 River Road Yorkville, IL 60560 Plano, 1L 60545 05-04-300-024, 05-04-300-002 05-05-475-007 05-05-400-016, 05-05-400-005 Alberto &Tonya Agama County of Kendall 269 Walsh Circle 11 l W. Fox Street Yorkville, IL 60560 Yorkville, IL 60560 05-04-300-003, 05-05-400-007 02-05-475-008 Growmark, Inc. Jennifer Crisci 1701 Towanda 265 Walsh Circle Bloomington, IL 61701 Yorkville, IL 60560 05-05-400-017 05-05-475-009 Michael & Rita Graves Carle Paulman 6160 Gates Lane 261 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-278-008 05-05-475-010 Peter Kappos et al Dennis & Lee Housby 6502 W. Joliet Road 257 Walsh Circle Countryside, IL 60525 Yorkville, IL 60560 05-05-475-003 05-05-475-011 Lawrence Dunn Nathan &Wendy Hess 281 Walsh Circle 253 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 02-05-475-004 05-05-475-012 Barbara Beaubien Dennis Mercado 279 Walsh Circle 249 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-005 05-05-475-013 Kris & Michelle McMillian Kenneth& Patricia Price 275 Walsh Circle 245 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-014 05-05-477-004 Adrians & Silvia Bekeris Cedric & Patricia Payne 241 Walsh Circle 246 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-015 05-05-477-005 Thomas Fletcher Richard Turner 239 Walsh Circle 242 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-016 05-05-477-006 John Domantay James Olson 235 Walsh Circle 232 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-017 05-05-476-001 Maria g. Osornio Randall & Annette Reese 231 Walsh Circle 278 Walsh Circle Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-001 05-05-476-002 Waldo &Kimberly Fisher Allan & Erlinda Evans 287 Walsh Circle 1821 Aster Drive Yorkville, IL 60560 Yorkville, IL 60560 05-05-475-002 05-05-476-003 Robert M. & Julie A. Plaza James & Nancy Ward 285 Walsh Circle 1827 Aster Road Yorkville, IL 60560 Yorkville, IL 60560 05-05-477-001 05-05-478-003, 05-05-478-006 Gregory Rink 05-05-478-007 258 Walsh Circle Standard Bank & Trust Co. Yorkville, IL 60560 2200 Weber Road Crest Hill, IL 60403 05-05-477-002 05-05-478-008 Brad A. & Jodi Caldwell Castle Bank NA 256 Walsh Circle 121 W. Lincoln Hwy. Yorkville, IL 60560 DeKalb, IL 60115 05-05-477-003 Kenneth & Susan Gettemy 252 Walsh Circle Yorkville, IL 60560 Al C/",�� 0 Memorandum To: Plan Commission M. 1 �1836 From: Travis Miller -< Cc: Annette Williams (for distribution) 0� Date: April 28, 2009 Subject: Proposed Tower and Antenna Regulations Amendment— Chapter 15 Zoning Ordinance Background: The Department of Building Safety has received an application to install a new antenna on an existing telecommunications tower(1421 S. Bridge Street). In addition to the new antenna the applicant is also seeking to erect an equipment shelter. As staff reviewed this application against the provisions of Section 10-15 of the Municipal Code (Tower and Antenna Regulations of the Zoning Code) it was determined that a front yard setback of 50' (subject property is zoned B-3) is required. Section 10-15-3M states: "Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter." (This subsection provides some standards regarding equipment shelters and cabinets.) Section 10-15-5K1 provides guidance regarding the maximum size of equipment shelters, but does not provide guidance regarding any locational standards for equipment shelters(i.e., what setbacks, if any, should be applied). Failing to provide locational standards within the Tower/Antenna section, results in relying on the locational standards found in Section 10-3-5 (accessory buildings). This results in a front yard setback requirement of 50' which will require a petitioner to seek a dimensional variance in order to accommodate an equipment shelter on any typical tower site. Staff Comments: Staff has concerns regarding processing dimensional variance requests of such significance in terms of the percentage of a variance which would be necessary in any zoning district. Chapter 15 includes provision (10-15-2.P) "collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers" supporting the desire for collocations, as opposed to constructing new towers. Given the lack of criteria for locational requirements for equipment structures, staff recommends the intention of this ordinance is to allow for equipment shelters (up to 3 per tower per 10-15-5.K) without regard to lot setback requirements. The proposed modification would allow for necessary equipment structures to accompany collocation antennas on preexisting towers without a need for meeting the setback requirements which would be applied to new towers. 1 EXISTING ZONING ORDINANCE TEXT WITH RECOMMENDED AMENDMENT: April 28, 2004 10-15-6: NONCONFORMING USES: B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance(including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. Chapter 15 TOWER AND ANTENNA REGULATIONS 14-15-1: DEFINITIONS: ALTERNATIVE TOWER STRUCTURE: Manmade trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas and towers. ANTENNA: Any structure or device used to receive or radiate electromagnetic waves as defined by the FCC or any successor agency. ANTENNA STRUCTURES: Those structures which include the radiating and/or receiving system, its supporting structures (see definition of Tower), and any appurtenance mounted thereon as defined by the FCC or any successor agency. BACKHAUL NETWORK: The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network. FAA: The federal aviation administration. FCC: The federal communication commission. HEIGHT: When referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and antenna structures. NO-IMPACT ANTENNA AND TOWERS: A tower or antenna which is either: a) virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure, or b) camouflaged so as to blend in with its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: 1)placed, such as a rooftop, lighting standard, or existing tower, or 2) replacing, such as a school athletic field light standard. PERSONAL WIRELESS FACILITY: Any facility for the provision of personal wireless services as defined by the FCC or any successor agency. PERSONAL WIRELESS SERVICES: Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by the FCC or any successor agency. PREEXISTING TOWERS OR ANTENNAS: Any tower or antenna for which a building permit or conditional use permit has been properly issued prior to the effective date hereof, including permitted towers and antennas that have not yet been constructed so long as such approval is current and not expired. 1 TOWER: Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto. TOWER AND ANTENNA ORDINANCE: Shall refer to this chapter. UNLICENSED WIRELESS SERVICE: That service which offers telecommunications services using duly authorized devices which do not require individual licenses issued by the FCC, but does not mean the provision of direct to home satellite services as defined by the FCC or any successor agency. (Ord. 2000-8, 3-23-2000) 10-15-2: APPLICABILITY: A. New Towers And Antennas: All new towers or antennas in Yorkville shall be subject to these regulations, except as provided in subsections B through D of this section inclusive. B. Amateur Radio Station Operator/Receive Only Antennas: This chapter shall not govern any tower, or the installation of any antenna, that is under eighty feet (80') in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive only antennas. No receive only antenna shall exceed the highest point on the nearest residential rooftop of a dwelling by more than ten feet (10'). C. Preexisting Towers Or Antennas: Existing towers and existing antennas which predated this chapter, shall not be required to meet the requirements of this chapter other than the requirements of subsections 10-15-3E, F, H and R of this chapter. All preexisting towers and antennas shall be subject to the tower and antenna administrative fee as of January 1 following the effective date hereof. D. AM Array: For purposes of implementing this chapter, AM array, consisting of one or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right. (Ord. 2000-8, 3-23-2000) 10-15-3: GENERAL REQUIREMENTS: A. Special Or Miscellaneous Use: Antennas and towers may be considered either special or miscellaneous uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. 2 B. Lot Size: For purposes of determining whether the installation or a tower or antenna complies with Yorkville's development regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot. C. Inventory Of Existing Sites: Each applicant for approval of an antenna and/or tower shall provide to the zoning officer an inventory of its existing towers, antennas, or sites approved for towers or antennas, that are either within the jurisdiction of Yorkville or within one mile of the border thereof, including specific information about the location, height, and design of each tower. The zoning officer may share such information with other applicants applying for administrative approvals or special use pen-nits under this chapter or other organizations seeking to locate antennas within the jurisdiction of Yorkville, provided, however that the zoning officer is not, by sharing such information, in any way representing or warranting that such sites are available or suitable. D. Aesthetics: Towers and antennas shall meet the following requirements: 1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness. 2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural settings and surrounding buildings. 3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. E. Lighting: Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views. G. State Or Federal Requirements: All towers must meet or exceed current standards or regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed,then the owners of the towers and antennas governed by this chapter shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a more restrictive compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense. 3 H. Building Codes/Safety Standards: Any owner or operator of an antenna, antenna structure or tower shall maintain the antenna, antenna structure or tower in compliance with the standards contained in the current and applicable state or local building codes and the applicable standards for towers that are published by the national electrical code NFPA 70 and BOCA building code; radio, television sec. 3108, as amended from time to time. If, upon inspection, the city of Yorkville concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring the antenna, antenna structure, or tower into compliance within the thirty(30) day period shall constitute grounds for the removal of the antenna, antenna structure or tower at the owner's expense. 1. Measurement: For purposes of measurement, tower setbacks and tower separation distances shall be calculated and applied to facilities located in Yorkville irrespective of municipal and county jurisdictional boundaries. J. Not Essential Services: Antennas, antenna structures, and towers shall be regulated and permitted pursuant to this chapter and shall not be regulated or permitted as essential services, public utilities, or private utilities. K. Public Notice: For purposes of this chapter, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice and individual notice by the city of Yorkville to all abutting property owners and all properties that are located within two hundred fifty feet(250') of the zoning lot in question. Streets, alleys and watercourses shall not be considered in the determination of"abutting" nor in calculating the two hundred fifty feet(250'). L. Signs: No signs shall be allowed on an antenna or tower other than those required by the FCC. M. Buildings And Support Equipment: Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 10-15-5K of this chapter. N. Multiple Antenna/Tower Plan: The city of Yorkville encourages all plans for towers and antenna sites to be submitted in a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process. O. Antenna On Existing Structures: Any antenna which is not attached to a tower may be approved by the city of Yorkville as an accessory use to any commercial, industrial, professional, institutional, or multi-family structure of eight (8) or more dwelling units,provided: 4 1. The antenna does not extend more than thirty feet (30') above the highest point of the structure; 2. The antenna complies with all applicable FCC and FAA regulations; and 3. The antenna complies with all applicable building codes and safety standards as referenced in subsection H of this section. P. Antennas On Existing Towers: An antenna which is attached to an existing tower may be approved by the zoning officer and, to minimize adverse visual impacts associated with the proliferation and clustering of towers, collocation of antennas by more than one carrier on existing towers shall take precedence over the construction of new towers, provided such collocation is accomplished in a manner consistent with the following: 1. Additional Antenna: A tower which is modified or reconstructed to accommodate the collocation of an additional antenna shall be of the same tower type as the existing tower, unless the zoning officer allows reconstruction as a monopole. 2. Height: a. An existing tower may be modified or rebuilt to a taller height, not to exceed thirty feet(30') over the tower's existing height, such height not exceeding one hundred fifty feet (150') in total, to accommodate the collocation of an additional antenna. b. The height change referred to in subsection P2a of this section may only occur one time per communication tower. c. The additional height referred to in subsection P2a of this section shall not require an additional distance separation. The tower's premodification height shall be used to calculate such distance separations. 3. On Site Location: a. A tower which is being rebuilt to accommodate the collocation of an additional antenna may be moved on site within fifty feet(50) of its existing location. b. After the tower is rebuilt to accommodate collocation, only one tower may remain on the site. c. A relocated on site tower shall continue to be measured from the original tower location for purposes of calculating separation distances between towers. The relocation of a tower hereunder shall in no way be deemed to cause a violation of this chapter. 5 d. The on site relocation of a tower which comes within the separation distances to residential units or residentially zoned lands as established in zoning ordinance shall only be permitted when approved by the zoning officer. 4. New Towers In Nonresidential Zoning Districts: An applicant may locate any new tower in an O, B-1, B-2, B-3, B-4, M-1, M-2, or A-1 zoning district, provided that: a) a licensed professional engineer certifies the tower can structurally accommodate the number of shared users proposed by the applicant; b) the zoning officer concludes the tower is in conformity with the goals set forth in subsection P and the requirements of this subsection; c)the tower meets the setback and separation requirements in subsection 10-15-5E of this chapter; and d) the tower meets the following height and usage criteria: a. For a single user, up to and including one hundred twenty feet(120') in height; b. For two (2) users, up to one hundred fifty feet(150') in height; and c. For three (3) or more users, up to and including one hundred eighty feet (180') in height. Q. Roadway Access: All sites on which antenna, antenna structures and towers are located must have a passable roadway access of compacted macadam base not less than seven inches (7)thick surfaced with not less than two inches (2") of asphaltic concrete or some comparable dustless material. R. Fencing: The structures upon any site upon which an antenna, antenna structure, or tower is located shall be surrounded by an opaque screen which is no less than six feet (6') in height and equipped with an appropriate anticlimbing device. Screening materials shall include either wooden or chainlink fencing. Shrubbery and bushes shall be required, in addition to the wooden or chainlink fence, unless specifically waived by Yorkville in its discretion in appropriate cases. S. Disguised Structures: The provider of an antenna, antennastructure, or tower may propose to disguise the proposed antenna, antenna structure or tower. Any such disguise must be aesthetically consistent with the character of the surrounding area and environment, and be constructed in such a inanner where the health or safety of Yorkville residents shall not be endangered. Yorkville may require the disguise of an antenna, antenna structure or tower as a condition of approval of a building permit or special use permit if the antenna, antenna structure or tower is to be erected on a golf course or other public recreational area. (Ord. 2000-8, 3-23-2000) T. Annual Administrative Fee And Certifications: 6 1. The annual administration fee payable to the city of Yorkville by any owner and/or operator of an antenna, antenna structure, or tower shall be the sum of thirty five dollars ($35.00) which shall be due on or before January 10 of each calendar year corrunencing with calendar year 2001. 2. That in the event a tower is inspected and a certification provided by the owner and/or operator of said tower or related facility showing compliance with all regulations, the above fee shall be the only fee charged. In the event the owner and/or operator of an antenna, antenna structure, or tower fails to have the certification as is required annually to be tiled with the city under the terms of this subsection, the owner and/or operator shall reimburse the city for the actual cost of the outside consultant the city deems necessary to conduct said inspection which shall be a minimum of three hundred fifty dollars ($350.00) and any additional cost incurred therein. (Ord. 2001-51, 9-21-2001) The city of Yorkville reserves the right to increase or decrease the amount of the administrative fee as it deems necessary. A separate administrative fee shall be paid by each user or co-locator on a tower. U. Permit Required: Prior to the construction of an antenna, antenna structure or tower the provider of the radio, television, or telecommunications services shall obtain a permit from Yorkville for the erection of such antenna, antenna structure or tower. An applicant for a permit for an antenna, antenna structure, or tower shall pay a fee in accordance with the fee schedule set forth in section 10-14-9 of this title, plus any reasonable legal, engineering, or consulting fees at the conclusion of the review. V. Waiver Of Provisions: An applicant can request a waiver of any provision of this chapter upon the showing of appropriate justification and benefit to the public. Such request shall be treated as a request for a variance and the appropriate procedures thereto shall apply. (Ord. 2000-5, 3-23-2000) 10-15-4: PERMITTED USES: A. General: The following uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Antennas, antenna structures and towers are specifically permitted in any zoning classification, except that part of any zoning district which is located in a flood plain, so long as said antennas or towers conform to all other requirements of this title: 1. Antennas and towers located on property owned, leased, or otherwise controlled by Yorkville, particularly and expressly including Yorkville's water tower sites, 7 and city hall and police station sites, provided that a lease authorizing such antenna, antenna structure, or tower has been approved by Yorkville. 2. Antennas or towers are permitted to be located on the Burlington Northern Railroad easement running southwest and northeast through Yorkville, subject to subsections 10-15-3D through V of this chapter. 3. No-impact antennas and towers. (Ord. 2000-8, 3-23-2000) 10-15-5: SPECIAL USES AND MISCELLANEOUS USES: A. General Provisions: I. Radio and telecommunications antenna, antenna structures and towers used for personal wireless facilities,personal wireless services, radio transmission, or television transmission shall be subject to the special use provisions contained within section 10-14-6 of this title and applications for special use permits shall be subject to the procedures and requirements of this title, except as modified in this chapter. 2. In granting a special use permit, the plan commission may impose conditions to the extent the plan commission concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties. 3. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer. 4. An applicant for a special use permit shall submit the information described in this section and a nonrefundable fee as established by resolution of the city council of Yorkville to reimburse Yorkville for the cost of reviewing the application. S. Antennas, antenna structures and towers shall be allowed as special uses only consistent with all of the requirements of this chapter in the following zoning districts: R-1 (one-family residence_golf course, public utility facilities, public service use facilities with radio or TV tower sites only), R-2 (one-family residence _golf course, public utility facilities, public service use facilities with radio or TV tower sites only), B-1 (limited business district), B-2 (general business district), B- 3 (service business district), B-4 (business district), and A-1 (agricultural district). 6. Antennas, antenna structures and towers shall be allowed as miscellaneous uses only consistent with all of the requirements of this chapter in the following zoning districts: M-1 (limited manufacturing district), and M-2 (general manufacturing district). 8 B. Information Required: In addition to any information required for applications for special use permits referenced above, each petitioner requesting a special use permit under this chapter for an antenna, antenna structures, and tower shall submit a scaled site plan and a scaled elevation view and other supporting drawings, calculations, and other documentation signed and sealed by appropriate licensed professionals, showing the location, type and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, proposed means of access, parking, fencing, landscaping, adjacent uses, adjacent roadway, and other information deemed necessary by Yorkville to be necessary to assess compliance for this chapter. In addition, the following information shall be supplied: 1. Legal description of the parent track and leased parcel (if applicable); 2. The setback distance between the proposed structure and the nearest residential unit, platted residentially zoned properties and unplatted residentially zoned property; 3. The separation distance from other structures in the inventory of existing sites submitted pursuant to subsection 10-15-3D of this chapter shall be shown on an updated site plan or map and the applicant shall also identify the type of construction of the existing structure(s) and the owner/operator of the existing structure(s), if known; 4. A landscape plan showing specific landscape materials; 5. The method of fencing and finish color and, if applicable, the method of camouflage and illumination; 6. A description of compliance with subsections 10-15-3C, E, F, G, H, I, and M of this chapter and all applicable federal, state or local laws; 7. A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users; 8. Identification of the entities providing the backhaul network for the structure(s) described in the application and other cellular sites owned or operated by the applicant in Yorkville; 9. A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower; and 10. A description of the feasible location(s) of future towers or antennas within Yorkville based upon existing physical, engineering, technological or geographical limitations in the event the proposed tower is erected. 9 C. Factors Considered In Granting Special Use Permits: The city of Yorkville shall consider the following factors in determining whether to issue a special use permit above and beyond those factors referenced in section 10-14.6 of is title. The city of Yorkville may waive or reduce the burden on the petitioner of one or more of these criteria if Yorkville concludes that the goals of this chapter are better served thereby. 1. Height of the proposed antenna, antenna structure or tower; 2. Proximity of the antenna, antenna structure or tower to residential structures and residential district boundaries; 3. Nature of uses on adjacent and nearby properties; 4. Surrounding topography; 5. Surrounding tree coverage and foliage; 6. Design of the antenna, antenna structure or tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; 7. Proposed ingress and egress; and S. Availability of suitable existing antennas, antenna structures, towers, alternative power structures and other structures, or alternative technologies not requiring the use of towers or structures as discussed elsewhere in this chapter. D. Height: No antenna, antenna structure, or tower shall exceed a height of one hundred (100) linear feet in aerial height. Where an arm has been installed to facilitate collocation of an additional antenna on the existing antenna structure or tower, the arm shall not exceed a length of twelve(12) linear feet. E. Setbacks And Separation: 1. Setbacks: Antennas, antenna structures or towers must be set back a distance equal to the height of the antenna, antenna structure, or tower from any off site, residential structure. Antenna structures, guy lines, and equipment shelters must satisfy the minimum setback requirements for R-1, R-2, B-1, B-2, B-3, B-4, M-1, M-2, and A-1 zoning districts. 2. Separation: The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the plan commission may reduce the standard separation requirements if the goals of this chapter would be better served thereby, or if enforcement of said setback would effectively prohibit said tower: 10 a. Separation from off site uses/designated area: (1) Tower separation shall be measured from the base of the tower to the lot line of the off site uses and/or designated areas as specified in table 1 of this section, except as otherwise provided in table l of this section. (2) Separation requirements for towers shall comply with the minimum standards established in table 1 of this section. TABLE 1 Off Site Use/Designated Area Separation Distance Single-family or duplex residential 500 feet units principal building Vacant single-family or duplex 1500 feet residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired Vacant unplatted residentially 500 feet zoned lands, including unplatted residential use property without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex Existing multi-family residential units '100 feet or 100 percent of the tower greater than duplex (height, whichever is greater Nonresidentially zoned lands or INone. Only setbacks apply nonresidential The Fox River or any watercourse 1500 feet, as measured from the shore Major highways 500 feet, from the right of way b. Separation distances between towers: (1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base,pursuant to a site plan, of the proposed tower. The separation distances 11 (listed in linear feet) shall be as shown in table 2 of this section. TABLE 2 Existing Towers Types Minimum Separation Distances I Monopole Monopole Fattice Guyed > 75 < 75 Feet Hi ;h Feet High Lattice i 1,000 11,500 5CO 250 Guyed 1,000 750 1,500 1,250 Monopole 1 500 1,500 250 250 > 75 feet high Monopole 250 1,250 250 250 < 75 feet high F. Siting On Wetland Prohibited: No antenna, antenna structure, or tower shall be located in an area which has been designated as a wetland either by the city of Yorkville, Kendall County, the state of Illinois department of natural resources, the United States department of the interior or the United States army corps of engineers, and any and all governmental bodies and agencies having jurisdiction. G. FCC Signage: To the extent that signage is required by the FCC on an antenna structure, or tower that signage shall constitute no more than five percent (5%) of the square footage of the antenna, antenna structure, or tower or shall be no larger than is required by the FCC, whichever shall constitute the smallest signage area. H. Preservation Of Landscape: Existing mature tree growth andnatural land forms on the proposed antenna, antenna structure, or tower site shall be preserved to the maximum extent possible. I. Utilities And Access Required: Radio and telecommunications antennas, antenna structures, and towers, including, but not limited to, those used for personal wireless services, personal wireless facilities and unlicensed wireless services, shall be required to include adequate utilities, access, and/or other facilities necessary for the servicing of the antenna, antenna structure or tower. All such utilities shall be buried. J. Signal Interference: No signal transmission from any antenna, antenna structure, or tower shall interfere with police, fire, public works or any other governmental radio 12 band signals. In the case of the possibility of such interference based upon the frequencies selected for the proposed antenna, antenna structure, or tower, the petition for special use shall be denied. K. Equipment Shelter And Equipment Cabinets: 1. Equipment Shelter: A provider of a radio, television, or telecommunications antenna, antenna structure, or tower may provide an equipment shelter on the site of the antenna, antenna structure, or tower. The square footage of the equipment shelter may not exceed more than twenty percent(20%) of the total square footage of the antenna, antenna structure or tower ground site or four hundred fifty (450) square feet, whichever is greater. At any antenna, antenna structure, or tower site in which more than one antenna has been collocated, no more than three (3) equipment shelters shall be allowed. Multiple equipment shelters shall be contained under one roof if at all practicably possible. No equipment shelter shall be approved as part of the site plan unless appropriate electrical power and road ingress and egress facilities are planned for inclusion at the equipment shelter site. 2. Equipment Cabinets: a. In residential districts, the equipment cabinet or structure may be located in a front or side yard provided the cabinet or structure is no greater than four feet (4') in height or twenty four(24) square feet of gross floor area and the cabinet/structure is located in a minimum of six feet (6) from all lot lines. The cabinet/structure shall be screened by hedging or shrubbery with an ultimate height of at least forty two (42) to forty eight inches (48") and a planted height of at least thirty six inches (36"). b. In a rear yard, provided the cabinet or structure is no greater than six feet(6') in height or sixty four(64) square feet in gross floor area. The structure or cabinet shall be screened by hedging or shrubbery with an ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by asolid fence six feet (6') in height or a hedge with an ultimate height of eight feet(8') and a planted height of thirty six inches (36"). c. In commercial or industrial districts the equipment cabinet or structure shall be no greater than six feet(6) in height or sixty four(64) square feet in gross floor area. The structure or cabinet shall be screened by a hedge or shrubbery with an ultimate height of eight feet(8') and a planted height of at least thirty six inches (36"). In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence six feet (6) in height or a hedge with an 13 ultimate height of eight feet (8') and a planted height of at least thirty six inches (36"). L. Code Requirements: Any antenna, antenna structure. or tower must meet code requirements established by the national electrical code,NFPA 70 and BOCA building code; radio, television towers codes currently in effect as required by Yorkville and all applicable marking and lighting standards as established by the federal aviation administration. M. Engineering Justification: No new tower shall be permitted unless the applicant provides justification and demonstrates to the reasonable satisfaction of the zoning board that no existing tower, structure, or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the zoning board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower, structure, or alternative technology can accommodate the applicant's proposed antenna may consist of the following: 1. No existing antennas, antenna structures or towers are located within the geographic area required to meet petitioner's engineering requirements; 2. Existing antennas, antenna structure, towers or other structures are not of sufficient height to meet petitioner's engineering requirements. 3. Existing antennas, antenna structures, towers or other structures do not have sufficient height to meet petitioner's engineering requirements; 4. The petitioner's proposed antenna, antenna structure or tower would cause electromagnetic interference with the existing antenna, antenna structure or tower or the antenna on the existing structure would cause interference with the petitioner's proposed antenna. S. The fees, costs, or contractual provisions required by the owner in order to share an existing antenna, antenna structure, or tower or to adapt to an existing antenna, antenna structure, or tower are unreasonable. Costs exceeding new antenna, antenna structure, or tower development are considered unreasonable. 6. The petitioner demonstrates that there are other limiting factors that render existing antenna, antenna structures, or towers or other structures unsuitable. 7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable micro cell network using multiple low powered transmitters and receivers attached to a wire line system, is unsuitable. Cost of alternative technology that exceeds new tower or antenna development shall not be presumed to render the technology unsuitable. 14 N. Removal Of Abandoned Antennas, Antenna Structures, Or Towers: Any antenna, antenna structure, or tower that is not operated for a continuous period of twelve(12) months or for which the annual administrative fee is not paid within a twelve(12) month period shall be considered abandoned, and the owner of such antenna, antenna structure, or tower shall remove same from within ninety (90) days of receipt of written notice from Yorkville notifying the owner of such abandonment. If such antenna, antenna structure, or tower is not removed within said ninety(90) days Yorkville shall remove such antenna, antenna structure, or tower at the owner's expense and file a lien against the real estate for the cost of removal or such other action as provided by law. If there are two (2) or more users of a single antenna, antenna structure, or tower, then this provision shall not become effective until all users cease using the antenna, antenna structure, or tower. O. Collocation: A request for approval of a special use permit for the installation of an antenna, alternative antenna, antenna structure or tower, the zoning board may by express condition require that the applicant shall allow, on a commercially reasonable basis, other providers of personal wireless telecommunications services to collocate additional antennas or antenna structures on a freestanding pole which is part of applicant's proposed personal wireless facility, where collocation is technologically feasible. (Ord. 2000-8, 3-23-2000) 10-15-6: NONCONFORMING USES: A. Prohibited Expansion Of Nonconforming Use: Towers that are constructed and antennas that are installed in accordance with the provisions of this chapter shall not be deemed to constitute the expansion of a nonconforming use or structure. B. Preexisting Towers: Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of light construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this chapter. Additional Equipment Cabinets and Equipment Structures to accommodate collocations shall not be deemed new construction. C. Rebuilding Damaged Or Destroyed Nonconforming Antennas, Antenna Structures Or Towers: Notwithstanding any provision in this chapter to the contrary,bona fide nonconforming antennas, antenna structures or towers or antennas that are damaged or destroyed may be rebuilt without having first obtained administrative approval or a special use permit and without having to meet the separation requirements specified elsewhere in this chapter. The type, height, and location of the tower on site shall be of the same type and intensity as the original facility approved. Building permits to rebuild a facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty(180) days from the date the facility is damaged or destroyed. If no permit is obtained within the time specified or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 10-15-5N of this chapter. (Ord. 2000-8, 3-23-2000) 15 10-15-7: ANNUAL REPORTING OF INFORMATION: Each owner of an antenna, antenna structure, or tower regulated under this chapter, and including those previously existing structures which would have been regulated under this chapter, shall, on an annual basis, furnish Yorkville, with such information as is required by Yorkville to aid with the administration of this chapter, such as changes in availability of space on any tower for collocation of additional antennas, plans to abandon a position on a tower, thereby leaving space for the possible collocation of another antenna,plans and/or willingness to modify said tower and antenna structure so as to provide for the possibility of collocation, or intentions to abandon a tower structure, or other nonproprietary information as may be required by Yorkville. Upon written notice from the city of Yorkville to the owner thereof, the effective date of this chapter, which tower and/or antenna structure would otherwise be regulated by this chapter, shall register with Yorkville, and shall provide such nonproprietary information as is deemed useful by Yorkville for administration of this chapter. This section is specifically deemed to have retroactive effect. (Ord. 2000-8, 3-23-2000) 16