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2020.11.10 PZ&B Meeting Packet Community & Economic Development 1420 Miner Street, Des Plaines, IL 60016 P: 847.391.5392 | W: desplaines.org Planning and Zoning Board Agenda November 10, 2020 Room 102 – 7:00 P.M. Call to Order: Roll Call: Approval of Minutes: October 13, 2020 Public Comment: For matters that are not on the Agenda Public Hearing: If you would like to participate in any public hearing on this agenda but do not feel comfortable attending the meeting in-person, please send your comments to publiccomments@desplaines.org by 5:00 pm on Tuesday, November 10, 2020. Please limit your comments to 400 words or less. All emails received will be acknowledged at the hearing. Individuals with no access to email may leave a message with the City Clerk’s Office at 847-391-5311. Old Business: New Business: 1. Address: 1495 Howard Avenue Case Number: 20-040-TA-MAP-CU The petitioner is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended for: (a) to add “Public Utilities – Antenna Support Structures” to Table 5 under Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote allowing the maximum height of the structure to exceed 100-feet and the minimum setback from property lines to be less than 50-feet as required for similar structures in the M-2 district pursuant to City Council approval; (b) add new section 12-8-14 with specific language regarding antenna support structure ownership, type of use, height, and operations in Section 12-8 of the Zoning Ordinance; and (c) add a new definition for “Public Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning Ordinance. The petitioner is also requesting a Map Amendment under Section 12-3-7 to rezone the existing property from R-1, Single Family Residential to M-2, General Manufacturing; a Conditional Use under Section 12-8-14 to allow the installation of a Public Utilities – Antenna Support Structure at the existing electrical substation on the subject property; and approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-29-401-002-0000 Petitioner: Commonwealth Edison Company, c/o One South Dearborn Street, Chicago, IL 60603 Owner: Commonwealth Edison Company, Three Lincoln Centre, Oakbrook Terrace, IL 60181 Adjournment: Next Agenda – November 24, 2020 City of Des Plaines, in compliance with the Americans With Disabilities Act, requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in the meeting(s) or have questions about the meeting(s) or facilities, contact the ADA Coordinator at 847-391-5486 to allow the City to make reasonable accommodations for these persons. The public hearing may be continued to a further date, time and place without publication of a further published notice such as this notice. Case 20-033-460 Good Ave Tentative Plat of Subdivision October 13, 2020 Page 1 DES PLAINES PLANNING AND ZONING BOARD MEETING October 13, 2020 MINUTES The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday, October 13, 2020, at 7:00 p.m. in Room 101 of the Des Plaines Civic Center. ZONING BOARD Chairman Szabo called the meeting to order at 7:00 p.m. and read this evening’s cases. Roll call was established. PRESENT: Bader, Catalano, Hofherr, Saletnik, Szabo, Veremis ABSENT: Fowler ALSO PRESENT: Jonathan Stytz, Planner/Community & Economic Development Wendy Bednarz/Recording Secretary A quorum was present. PUBLIC COMMENT There was no Public Comment. APPROVAL OF MINUTES A motion was made by Board Member Hofherr, seconded by Board Member Catalano, to approve the minutes of September 22, 2020, as presented. AYES: Bader, Catalano, Hofherr, Saletnik, Szabo, Veremis NAYES: None ABSTAIN: None ***MOTION CARRIED UNANIMOUSLY*** Case 20-033-460 Good Ave Tentative Plat of Subdivision October 13, 2020 Page 2 OLD BUSINESS NEW BUSINESS 1. Address: 460 Good Avenue Case Number: 20-033-TSUB The petitioner is requesting a Tentative Plat of Subdivision under 13-2 of the Subdivision Regulations to subdivide the existing lot into two lots at 460 Good Avenue, and approval of any other such variations, waivers, and zoning relief as may be necessary. PINs: 09-15-300-009-0000 Petitioner: Samee Baig, 10051 Potter Road, Des Plaines, IL 60016 Owner: Mirza Baig, 10051 Potter Road, Des Plaines, IL 60016 Chairman Szabo swore in Mirza Baig, representing the Petitioner. Mr. Baig explained the he is requesting a plat of subdivision, with the current lot split into two lots. Mr. M. Baig will build a house on the front lot, while his brother will build a house on the back lot. Chairman Szabo asked if the Board had any questions, the following questions were asked: Chairman Szabo asked the Petitioner if a sign was posted on the property. Mr. Baig stated that a sign was posted and he has not received any inquiries by neighbors. Mr. Baig mentioned that some cars were parked on the lot, but he will make an effort to have those removed. Chairman Szabo asked if there are any plans for the houses on the subdivided lots. Mr. Baig stated that he is working with the Building Department for a permit and architectural plans, the permit is awaiting some minor revisions. Member Saletnik inquired about the type of homes that were being built. Mr. Baig replied that the both homes will have a similar layout and structure with four bedrooms and four and a half baths and three car garages. Home 1 will be approximately 3,738 square feet with a stone façade and Home 2 will be approximately 3,435 with a brick façade. Member Saletnik asked that drawings be included in the packet when going before the Board for the final plat of subdivision. Chairman Szabo asked that the Staff Report be entered into record. Planner Stytz provided a summary of the following report: Issue: The petitioner is requesting a Tentative Plat of Subdivision under Section 13-2 of the Des Plaines Subdivision Regulations to subdivide one existing lot into two lots of record in the R-1 zoning district at 460 Good Avenue. Analysis: Address: 460 Good Avenue Owner: Mirza Baig, 10051 Potter Road, Des Plaines, IL 60016 Petitioner: Samee Baig, 10051 Potter Road, Des Plaines, IL 60016 Case Number: 20-033-TSUB Case 20-033-460 Good Ave Tentative Plat of Subdivision October 13, 2020 Page 3 Real Estate Index Number: 09-15-300-009-0000 Ward: #1, Alderman Mark A. Lysakowski Existing Zoning: R-1, Single Family Residential District Existing Land Use: Vacant Lot Surrounding Zoning: North: R-1, Single Family Residential District South: R-1, Single Family Residential District East: R-1, Single Family Residential District West: R-1, Single Family Residential District Surrounding Land Use: North: Single Family Residence South: Single Family Residence East: Single Family Residence West: Single Family Residence Street Classification: Good Avenue and Edward Court are local roads. Comprehensive Plan: The Comprehensive Plan designates the site as Single Family Residential. Project Description: __ The petitioner Samee Baig, on behalf of Mirza Baig, is requesting a Tentative Plat of Subdivision for the existing vacant property at 460 Good Avenue. The subject property is 25,961-square feet (0.600 acres) in size and is comprised of one undeveloped lot, which spans between Good Avenue on the east side to Edward Court on the west side, as shown in the Plat of Survey. The petitioner proposes to subdivide the existing lot into two lots of record, one accessed from Good Avenue and one accessed from Edward Court, and construct a new single-family home on both lots as detailed in the Project Narrative. Both of the new lots will be the same in area, width, and depth in accordance with the R-1, Single Family Residential bulk regulations at 90.00-feet wide and 144.86-feet deep with a total area of 13,020-square feet. Lot 1 is the western lot that will be accessed from Edward Court and Lot 2 is the eastern lot that will be accessed from Good Avenue as shown on the Tentative Plat of Subdivision. Case 20-033-460 Good Ave Tentative Plat of Subdivision October 13, 2020 Page 4 Tentative Plat of Subdivision Report Name of Subdivision: Baig Estates Subdivision Address: 460 Good Avenue Request: Approval of Tentative Plat of Subdivision Total Acreage of Subdivision: 0.600 acres Lot Descriptions and Construction Plans: The petitioner’s Tentative Plat of Subdivision shows the existing 25,961-square foot property being split into two lots. The western and eastern lots will both have 13,020-square feet in area, 90.00-feet in width, and 144.86-feet in depth. The Tentative Plat of Subdivision shows a 5-foot public utility easement and drainage easement at the rear and a five-foot public utility easement and drainage easement on the sides for both lots. However, the western lot off Edward Court has a 10-foot public utility and drainage easement in the front of the lot. Note that the Preliminary Engineering Drawings are conceptual and have not been approved by staff. All engineering comments will be addressed in the Final Engineering Plans at time of the Final Plat of Subdivision. Compliance with the Comprehensive Plan There are several parts of the 2019 Des Plaines Comprehensive Plan that align with the proposed project. Those portions are follows: • Under Overarching Principles: o The Comprehensive Plan seeks to promote a wider range of housing options and to encourage the reinvestment and preservation of established Des Plaines neighborhoods through the addition of new housing to fit diverse needs. The proposal seeks to reinvest in this vacant lot to promote additional residential development in the area that aligns with the character of the surrounding established neighborhood. • Under Future Land Use Map: o The property is marked for Single-Family Residential land uses. These areas are designated for detached single-family residences to maintain and improve housing options for residents. The proposed use will transform an existing vacant lot and provide additional single-family housing options for the community as a whole. While the aforementioned bullet points are only a small portion of the Comprehensive Plan, there is a large emphasis on maintaining detached single-family zoning areas and promoting the expansion of these developments to increase housing options for residents. The petitioner is proposing to take a 0.600-acre vacant parcel and add two new single-family residences for the community. Recommendation: I recommend approval of the Tentative Plat of Subdivision pursuant to 13-2 of the Des Plaines Subdivision Regulations to subdivide one existing lot into two lots of record in the R-1 zoning district at 460 Good Avenue. Planning and Zoning Board Procedure: Under Section 13-2-7 (Approval of Tentative Plat By Planning and Zoning Board) of the Subdivision Ordinance, the Planning and Zoning Board has the authority to approve, Case 20-033-460 Good Ave Tentative Plat of Subdivision October 13, 2020 Page 5 approve subject to conditions, or deny the above-mentioned Tentative Plat of Subdivision request for the property at 460 Good Avenue. A motion was made by Board Member Hofherr, seconded by Board Member Catalano to approve as presented. AYES: Bader, Catalano, Hofherr, Saletnik, Veremis and Szabo NAYES: None ***MOTION CARRIES *** Case 20-033-460 Good Ave Tentative Plat of Subdivision October 13, 2020 Page 6 ADJOURNMENT The next meeting is scheduled for October 27, 2020. Chairman Szabo adjourned the meeting by voice vote at 7:10 p.m. Sincerely, Wendy Bednarz, Recording Secretary cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT 1420 Miner Street Des Plaines, IL 60016 P: 847.391.5380 desplaines.org Date: October 23, 2020 To: Planning and Zoning Board From: Jonathan Stytz, Planner CC: Michael McMahon, Community and Economic Development Director Subject: Consideration of Text Amendments, Map Amendment, and Conditional Use for the proposed construction of a 104-foot tall Public Utilities – Antenna Support Structure at 1495 Howard Avenue. Case #20-040-TA-MAP-CU (6th Ward) Issue: The petitioner is requesting Text Amendments to the following sections of the 1998 Des Plaines Zoning Ordinance, as amended for: (a) to add “Public Utilities – Antenna Support Structures” to Table 5 under Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote allowing the maximum height of the structure to exceed 100-feet and the minimum setback from property lines to be less than 50-feet as required for similar structures in the M-2 district pursuant to City Council approval; (b) add new section 12-8-14 with specific language regarding antenna support structure ownership, type of use, height, and operations in Section 12-8 of the Zoning Ordinance; and (c) add a new definition for “Public Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning Ordinance. (d) The petitioner is also requesting a Map Amendment under Section 12-3-7 to rezone the existing property from R-1, Single Family Residential to M-2, General Manufacturing; (e) a Conditional Use under Section 12-7-4 to allow the installation of a Public Utilities – Antenna Support Structure at the existing electrical substation on the subject property; and (f) approval of any other such variations, waivers, and zoning relief as may be necessary. Analysis: Owner: Commonwealth Edison Company, c/o Scott Saef, Sidley Austin, LLP, One South Dearborn Street, Chicago, IL 60603 Petitioner: Commonwealth Edison Company, c/o Mark Primm, Three Lincoln Centre, Oakbrook Terrace, IL 60181 Case Number: 20-040-TA-MAP-CU Real Estate Index Numbers: 09-29-401-002-0000 MEMORANDUM Page 1 of 27 Ward: #6, Alderman Malcolm Chester Existing Zoning: R-1, Single Family Residential District Existing Land Use: ComEd Substation Surrounding Zoning: North: R-1, Single-Family Residential District South: R-1, Single-Family Residential District East: R-1, Single-Family Residential District West: Railroad; C-3, General Commercial District Surrounding Land Use North: Single Family Residences South: Arndt Park East: Arndt Park West: Metra Line; Mobil Gas Station; Safeguard Self Storage Street Classification Howard Avenue is classified as a local street. Comprehensive Plan Designation The Comprehensive Plan designates this property as Transportation / Utilities / Communication / Other. Proposed Text Amendments Project Description The petitioner is proposing several text amendments to the Des Plaines Zoning Ordinance, which are as follows: • Adding “Public Utilities – Antenna Support Structures” to Table 5 under Section 12-7-4(G) in the Zoning Ordinance as a conditional use in the M-2 district with a footnote allowing the maximum height of the structure to exceed 100-feet and the minimum setback from property lines to be less than 50-feet as required for similar structures in the M-2 district pursuant to City Council approval; • Adding new section 12-8-14 with specific language regarding antenna support structure ownership, type of use, height, and operations in Section 12-8 of the Zoning Ordinance; and • Adding a new definition for “Public Utilities – Antenna Support Structures” in Section 12-13-3 of the Zoning Ordinance. The items below will be elaborated on in their own respective subsections for ease of following. Adding “Public Utilities – Antenna Support Structures” as New Conditional Use for M-2 District Currently, the zoning ordinance has specific regulations for antennas, radio transmitting towers for public broadcasting, and commercial mobile radio service facilities as defined in Section 12-13-3. At this time, the proposed 104-foot tall monopole with antennas would be classified as a commercial mobile radio service facility and governed by the regulations in Section 12-8-5. However, the petitioner proposes to classify the structure as a new use identified as a Public Utility – Antenna Support Structure and add it as a new conditional use in the M-2, General Manufacturing district with a footnote that this use could exceed the maximum height and minimum setbacks of similar structures within the M-2, General Manufacturing district pursuant to City Council approval. The proposed text amendment would allow Public Utility – Antenna Support Structures only in the M-2, General Manufacturing District. The proposed amendment is as follows: Page 2 of 27 Add 12-7-4.G: Manufacturing Use Matrix: Adding “Public Utilities – Antenna Support Structures” as a Conditional Use in the M-2, General Manufacturing district. MANUFACTURING DISTRICT USE MATRIX M-1 M-2 M-3 Public Utility – Antenna Support Structures C7 Notes 7. Public Utilities – Antenna Support Structures may exceed the maximum allowable M-2 district height and/or be located within a required M-2 district yard but only when the location and height are approved by the City Council as part of a conditional use. Adding New Section 12-8-14 for Specific Regulations for Public Utilities – Antenna Support Structures The petitioner’s proposed text amendments include adding a new, separate section within the zoning ordinance to add specific regulations for the Public Utilities – Antenna Support Structures. The proposed amendments below look to differentiate Public Utilities – Antenna Support Structures from similar telecommunication and utility structures as well as limit their ownership and operation to public utility companies regulated by the Illinois Commerce and/or the Federal Energy Regulatory Commission. The proposed amendments are as follows: Add 12-8-14: Public Utilities – Antenna Support Structures: Adding New Section for Public Utilities – Antenna Support Structures A. General Requirements: Public Utilities – Antenna Support Structures shall meet the following requirements: 1. Public Utilities – Antenna Support Structures shall be owned and operated by a public utility regulated by the Illinois Commerce Commission and/or Federal Energy Regulatory Commission. 2. Public Utilities – Antenna Support Structures shall be considered a secondary use located within the boundaries of an existing substation or other public utility-owned property, which substation or property must be in existence prior to the establishment of the Public Utilities – Antenna Support Structure. 3. Each Public Utilities – Antenna Support Structure shall be of no greater height than permitted by the Federal Aviation Authority. B. Operational Requirements: Every Public Utilities – Antenna Support Structure shall be fully automated. No employees shall be stationed full-time at a structure site to support the structure operation, except when completing periodic or emergency maintenance and repairs. Adding New Definition for Public Utilities – Antenna Support Structures The last proposed text amendment includes the addition of a new definition for Public Utilities – Antenna Support Structures in Section 12-3-3 of the Zoning Ordinance. The intention of this amendment is to fully define Public Utilities – Antenna Support Structures as a new type of structure and use within the Zoning Ordinance. The proposed definition is below: Page 3 of 27 Add 12-13-3: Definitions: Adding a New Definition for Public Utilities – Antenna Support Structures Public Utilities – Antenna Support Structures: A freestanding structure of other than lattice-type construction supporting antennae, which communicate exclusively with public utility transmission and distribution equipment. Such structures may not include third party usage. Map Amendment & Conditional Use Project Description: The petitioner has requested a map amendment under Section 12-3-7 to rezone the subject property from R-1, Single Family Residential to M-2, General Manufacturing and a Conditional Use under Section 12-7-4(G) for the proposed Public Utilities – Antenna Support Structure use on the subject property based on the proposed text amendments. The proposed Public Utilities – Antenna Support Structure will exceed both the maximum height and minimum setback restrictions for similar structures within the M-2, General Manufacturing district, which will need to be approved by City Council pursuant to the proposed text amendments. Compliance with the Comprehensive Plan There is a portion of the City of Des Plaines’ 2019 Comprehensive Plan that align with the proposed project. Under the Future Land Use Map, this property is marked for Transportation / Utilities / Communication / Other uses. The proposed Public Utilities – Antenna Support Structure will make improvements to the existing electric substation as it will allow it to effectively communicate with other electric substations in the area and increase performance. Amendment Findings: Map and Text Amendment requests are subject to the standards set forth in Section 12-3-7(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council: Comment: The Comprehensive Plan strives to improve transportation, utility, and communication services city-wide in order to improve the quality of life for residents. The subject property contains an existing ComEd electric substation that does not fit the scope or proposed development of the R-1 zoning district for which it is located. While the subject property abuts single family residences to the north, the other surrounding uses, including the Metra railroad and commercial businesses to the west and Arndt Park to the east and south, the map amendment will not have a negative impact on neighboring properties. The rezoning will bring the entire property under a zoning district tailored towards the existing uses present on the subject property and that is consistent with the nearby manufacturing warehouse development. See also the petitioner’s responses to standards for amendments. B. The proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property: Comment: The subject property is surrounded by a mix of commercial, manufacturing, and residentially- zoned properties. However, the properties also directly south of the subject property are zoned M-2, General Manufacturing, which are compatible with the proposed map amendment for the subject property. See also the petitioner’s responses to standards for amendments. Page 4 of 27 C. The proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property: Comment: There are currently adequate public facilities for the existing R-1, Single Family Residential District zoned property to enable it to be rezoned to the M-2, General Manufacturing District. See also the petitioner’s responses to standards for amendments. D. The proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction: Comment: The proposal would better address the existing uses operating on the subject property and make the subject property zoning consistent with similar M-2 zoned development in the area. This request would also allow for additional uses to be located on site as proposed in the aforementioned text amendments for improve functionality of the existing ComEd electrical substation. See also the petitioner’s responses to standards for amendments. E. The proposed amendment reflects responsible standards for development and growth: Comment: The proposal strives to meet and exceed the responsible standards required for development and growth as it would allow for additional uses to locate on site to further improve the operation of the existing use on the subject property. See also the petitioner’s responses to standards for amendments. Conditional Use Findings Conditional Use requests are subject to the standards set forth in Section 12-3-4(E) of the 1998 City of Des Plaines Zoning Ordinance, as amended. In reviewing these standards, staff has the following comments: A. The proposed Conditional Use is in fact a Conditional Use established within the specific Zoning district involved: Comment: The petitioner is proposing a text amendment to add Public Utilities – Antenna Support Structures as a conditional use in Section 12-7-4(G) of the 1998 City of Des Plaines Zoning Ordinance, as amended, for properties in the M-2, General Manufacturing District. If approved by City Council, Public Utilities – Antenna Support Structures will be a conditional use established within the M-2 zoning district, which the petitioner proposes to the rezone the subject property to as part of this request. See also the petitioner’s responses to standards for conditional uses. B. The proposed Conditional Use is in accordance with the objectives of the City’s Comprehensive Plan: Comment: The Comprehensive Plan designates this property as Transportation / Utilities / Communication / Other given the existing electrical substation on site. The Comprehensive Plan strives to advance transportation, utility, and communication services city-wide in order to improve the quality of life for residents. The proposed Public Utility – Antenna Support Structure will help ComEd upgrade existing equipment on site with newer technology and infrastructure to improve reliability of the electrical grid. See also the petitioner’s responses to standards for conditional uses. C. The proposed Conditional Use is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity: Comment: The property and existing building has been designed for an electrical substation use. The petitioner proposes to add one Public Utility – Antenna Support Structure on the site to improve the operation and efficiency of the electrical substation. New landscaping proposed along Howard Avenue will help provide additional screening of the site from the residential development located just north of the subject property. See also the petitioner’s responses to standards for conditional uses. Page 5 of 27 D. The proposed Conditional Use is not hazardous or disturbing to existing neighboring uses: Comment: The existing electrical substation use located on this site and within the existing building are not hazardous or disturbing to existing neighboring uses. Aside from its visibility from surrounding properties, the proposed Public Utility – Antenna Support Structure will not be hazardous or disturbing to neighboring properties. See also the petitioner’s responses to standards for conditional uses. E. The proposed Conditional Use is to be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or, agencies responsible for establishing the Conditional Use shall provide adequately any such services: Comment: The current electric substation use on this site is adequately served by essential public facilities and services. Staff does not have concerns that the electric substation with the proposed Public Utility – Antenna Support Structure use will also be adequately served by essential public facilities and services. See also the petitioner’s responses to standards for conditional uses. F. The proposed Conditional Use does not create excessive additional requirements at public expense for public facilities and services and will not be detrimental to the economic well-being of the entire community: Comment: The current electric substation use does not create a burden on public facilities or become a detriment to the economic well-being of the community. There is no anticipated burden for public facilities or detriment to the community as a result of the Conditional Use Permit for a Public Utility – Antenna Support Structure. See also the petitioner’s responses to standards for conditional uses. G. The proposed Conditional Use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors: Comment: The proposed Public Utility – Antenna Support Structure use is not anticipated to create additional traffic compared to the previous auto service repair use. See also the petitioner’s responses to standards for conditional uses. H. The proposed Conditional Use provides vehicular access to the property designed so that it does not create an interference with traffic on surrounding public thoroughfares: Comment: The proposed Public Utility – Antenna Support Structure use will not create an interference with traffic on surrounding public thoroughfares. There will be no changes to the existing two access points onto the property from Howard Avenue utilized by the existing electrical substation. See also the petitioner’s responses to standards for conditional uses. I. The proposed Conditional Use does not result in the destruction, loss, or damage of natural, scenic, or historic features of major importance: Comment: The proposed Public Utility – Antenna Support Structure use would not cause the destruction, loss, or damage of any natural, scenic or historic features of major importance. The building and site were already developed for an electrical substation. The petitioner plans to add landscaping and screening to improve the aesthetics of the property. See also the petitioner’s responses to standards for conditional uses. J. The proposed Conditional Use complies with all additional regulations in the Zoning Ordinance specific to the Conditional Use requested: Comment: With the approval of the text amendments, the use will meet the requirements of the Zoning Ordinance for the M-2 zoning District. See also the petitioner’s responses to standards for conditional uses. Page 6 of 27 Recommendations: Staff recommends approval of the following requests from the petitioner: (i) Text Amendments to Sections 12-7-4, 12-8, and 12-13-3 of the Zoning Ordinance; (ii) Map Amendment under Section 12-3-7 to rezone the property from R-1, Single Family Residential to M-2, General Manufacturing, and (iii) Conditional Use under Section 12-7-4 to allow a Public Utility – Antenna Support Structure at 1495 Howard Avenue. Planning and Zoning Board Procedure: The Planning and Zoning Board may vote to recommend approval, approval with modifications, or disapproval. The City Council has final authority over the proposed Text Amendments, Map Amendment, and Conditional Use requests for 1495 Howard Avenue. Attachments: Attachment 1: Project Narrative Attachment 2: Petitioner’s Responses to Standards Attachment 3: Location Map Attachment 4: Proposed Text Amendments Attachment 5: Plat of Survey Attachment 6: Site Plan Attachment 7: Landscape Plan Attachment 8: Site and Context Photos Page 7 of 27 City of Des Plaines – Development Application Addendum Description of approvals requested ComEd proposes to install a 104-foot Public Utilities -- antenna support structure (called more formally by ComEd a Smart Grid distribution automation device monitoring support structure )(“Structure”) at its electrical substation located at 1495 Howard Avenue (the “Substation”). Given that the Substation is currently a legal non-conforming use within the existing R-1 zoning district and also that the Public Utilities-antenna support structure use is not proposed as an authorized use in the R-1 zoning district, ComEd is requesting that: (1) its Substation property be rezoned from the existing R-1 zoning district to the “M-2” General Manufacturing District, (2) that the Des Plaines Zoning Ordinance be amended to add a new definition of a freestanding “Public Utilities--antenna support structure” use (of which the Structure would be one) -- separate and apart from the existing general “Public Utilities” use -- and to allow such new use category as a conditional use only within the M-2 zoning districts; and (3) 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. As a regulated public utility and given that the Structure relates to core aspects of the electrical grid, ComEd respectfully suggests that the City’s land use authority may not apply to the company’s implementation of the Structure at its Substation. Nonetheless, ComEd is voluntarily submitting this request in an effort to work on its project cooperatively with the City. Project Narrative A. Structure's role in and contribution to ComEd's Distribution Automation Network The planned Structure at ComEd’s Substation 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 key aspect of that infrastructure and technological upgrade. Key resulting community benefits will be improved reliability of the electric grid (through the reduction of electrical outages and the duration of outages), and increased voltage efficiencies along each distribution line, resulting in smoother electric grid operations. ComEd’s new technology and infrastructure involves the creation of a ComEd-only radiofrequency 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 Attachment 1 Page 8 of 27 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 center. 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 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 change in zoning, text amendment and conditional use approval (covering the 100-foot Structure and its 4-foot-tall lightning rod) 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 the approximately 210 monitoring and sensing devices to be installed in Des Plains-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” (red) indicate existing communication structures and the proposed structure on Howard Avenue is assigned an orange flag. Attachment 1 Page 9 of 27 The red-colored dots in particular are existing sensors and monitoring devices in the Des Plaines area operating on ComEd's radiofrequency network. These devices are communicating wirelessly in particular to antennae located at ComEd's larger Rand Road substations in Des Plaines located south of Golf Road and north of Northwest Highway. The antennae on this structure are over capacity and do not provide optimum radiofrequency coverage, particularly for those portions of the City located south and west, closer to O'Hare Airport. This condition will only be aggravated as the additional approximately 210 devices are installed within Des Plaines- 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 Howard Avenue. The five antennae proposed for the Structure are needed for proper radiofrequency 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 100-foot height. A reduced number of antennae are not enough to allow for seamless functioning of the Des Plains-area wireless technology imbedded in (or to be imbedded in) the distribution circuits and on distribution poles. Attachment 1 Page 10 of 27 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. This has been the case at the Rand Road substation in Des Plaines at which ComEd was able to co-locate the antennae for its Distribution Automation network on an existing taller structure already used for communications purposes. 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. B. 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. A location aerial photo is also provided. Attachment 1 Page 11 of 27 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 Structure at the Howard Avenue substation nor any portion of the Howard Avenue substation property will be used for personal wireless service (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.) Attachment 1 Page 12 of 27 A picture of the structure as located at the Pleasant Hill substation is set forth below as is a location aerial photo. 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 Attachment 1 Page 13 of 27 facility outside of the substation itself. Again, by contrast, a cellular telephone facility does not exist at ComEd's Howard Avenue substation and is not proposed whatsoever. C. Technical, regulatory and permitting information The antennas 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 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 radiofrequency 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 NEPA when there is minimal or no impact on the environment, or whether an Environmental Assessment needs to be prepared. Attachment 1 Page 14 of 27 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 (the closest runway at O'Hare Airport, oriented east-west, is situated just over 1 mile to the south. This is because ComEd received a determination from the FAA as of September 14, 2020 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 City of Des Plaines. No additional known governmental permits are necessary. ComEd will secure any additional necessary permits which may be identified during the building permit process. D. Site Plan and Renderings As can be noted on the attached Site Plan, the proposed Structure will be situated within the Substation approximately 8 feet east of the existing substation control building and approximately 20 feet south of the control building's northern line. The Structure will be setback 24 feet from the eastern property line and 32 feet from the nearest point on the northern property line. The Structure will be set back approximately 110 feet from the nearest property line zoned and used for dwelling purposes, more than its overall height. The proposed Structure has been carefully placed within the Substation so as to maintain the required close distance to the 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. Dense foliage separates the Substation from residential homes to the north, thereby providing effective existing screening. Further, the homes along Deane Street and Illinois Street, the closest rights- of-way with homes on them, are generally oriented east and west, further mitigating any changes to the existing view corridors of these homes as a result of the proposed Structure. There is one home along Howard Street across the street from the Substation, but to the west of the substation Attachment 1 Page 15 of 27 control building. The base of the Structure, in that it will be placed to the east of the substation control building, is by design screened by the control building and should not at all be visible from this residence. To the west of the proposed Structure are a variety of taller existing electrical transmission and distribution poles, a tall communications tower and the Village's water tower. To the east is Arndt Park, a public park. To the south is an elevated sledding hill with its own elevated light poles as well as various commercial and industrial properties. The Structure will face the park, but will be set back a significant distance from the nearest area used for structured recreation and, therefore, as noted in the attached renderings, will blend in with the numerous taller electrical and other vertical structures (not to mention the vertical quality of the sledding hill) when viewed from the first base line of the closest ballfield. ComEd has not proposed any new ground-level screening in conjunction with its Structure plans. A primary reason is that virtually no new additional ground-level improvements are proposed (for example, there is no equipment enclosure or new fencing needed, as might be the case with a typical commercial mobile radio service facility). In addition, there is relatively limited space between the eastern property line of the Substation and the existing fence. Installation of plantings in this area poses security concerns for ComEd since the visibility of potential substation intruders could be limited. It is for this reason that ComEd’s current security protocols mandate a minimum 10-foot distance whenever possible between any plantings and the exterior fence of a substation, a challenge for the property lines closest to the proposed Structure location. Attached to this application are various renderings of the proposed Structure providing a sense of how the Structure will blend into existing views from surrounding areas. Attachment 1 Page 16 of 27 Standards for Map and Text Amendments 1.Whether the proposed amendment is consistent with the goals, objectives, and policies of the comprehensive plan, as adopted and amended from time to time by the city council. As part of the Future Land Use Map, the City’s Comprehensive Plan designates the subject property for utility and communication uses (see Figure 2.1). A rezoning from R- 1 to M-2 is consistent with this aspect of the Comprehensive Plan in that it will allow the Substation to become a conforming use in the M-2 district as opposed to the non- conforming use that it is today under its R-1 map designation. The proposed map amendment is also supported by the City’s Strategic Plan for 2022, “Roadmap to the Future.” As discussed in Goal 2, Strategy 3, Action 5, rezoning the subject property to the M-2 district ensures proper zoning district patterns for compatible uses, again in that the existing use could be property assigned a conforming status. As discussed below, the existing use of the subject property and the zoning patters of surrounding properties support rezoning the subject property to “M-2.” Further, implementation in the Zoning Ordinance of a new definition for "Public Utilities--antenna support structures" and requiring conditional use approval for such facilities (coupled with specific limitations clearly distinguishing the core public utility functions of such structures from similarly looking structures serving commercial purposes) allows such facilities to remain authorized uses within the M-2 zoning district while requiring a public hearing (with public notice) and application of the conditional use standards to any proposed structure of this type. This is actually more restrictive than the requirements applicable to similarly looking commercial mobile radio service facilities which are permitted as of right up to 100 feet in height in the M-2 district so long as such structures as secondary uses on a particular piece of property. 2.Whether the proposed amendment is compatible with current conditions and the overall character of existing development in the immediate vicinity of the subject property. The subject property is an electrical substation of a regulated public utility. Rezoning the subject property to “M-2” is compatible with current conditions because, in addition to bringing zoning conformity to the existing Public Utilities use, zoning districts in the immediate vicinity of the subject property (most notably to the south and west) include “M-2” and “C-3” General Commercial. Public utilities are a permitted use in both “M-2” and “C-3” zoning districts. Rezoning the subject property to “M-2” aligns the property with its existing use as well as the character and zoning of properties in its immediate vicinity. 3.Whether the proposed amendment is appropriate considering the adequacy of public facilities and services available to this subject property. As discussed, the existing and proposed continued use of the subject property is as an electrical substation of a regulated public utility. Rezoning the subject property to make the existing use conforming will not alter the need for public facilities or services available to the subject property. Implementation of the requested text amendment to create an authorized Public Utilities-antenna support structure use actually improves the Attachment 2 Page 17 of 27 adequacy of public facilities since it will allow for new and improved methods of boosting the reliability and functioning of the electrical grid with minimal external community impacts. 4. Whether the proposed amendment will have an adverse effect on the value of properties throughout the jurisdiction. The proposed map and text amendments will not have an adverse effect on the value of properties. This is because the existing use of the subject property as an electrical substation with existing taller masts and other electrical equipment will not change as a result of the rezoning and granting of the conditional use for the Structure. The Structure will be placed as far away from residential properties as feasible while still allowing for future electrical capacity to be added within the Substation. The Structure will be noise- less and unlit and, because of the existing substation control building, will not need to be accompanied by any additional fencing or equipment enclosure. The essential nature and functioning of the Substation will remain unchanged once the Structure is implemented. 5. Whether the proposed amendment reflects responsible standards for development and growth. The proposed map and text amendments are related to ComEd’s unique needs for 24- hour, 7-day per week secure, clear and stable electrical grid monitoring as a regulated public utility, providing the community (particularly its southern and western regions) with continued reliable and stable electric energy. As the City grows and changes, so, too, should the state-of-the-art electrical infrastructure utilized to support such development. Attachment 2 Page 18 of 27 Standards for Conditional Uses 1. The proposed conditional use is in fact a conditional use established within the specific zoning district involved. Freestanding "Public Utilities--antenna support structures" of non-lattice construction are (as a result of the text amendments requested as part of the subject application package) a conditional use in the “M-2” zoning district. 2. The proposed conditional use is in accordance with the objectives of the city's comprehensive plan and this title. The City’s Comprehensive Plan designates the subject property for utility and communication uses as part of plan’s Future Land Use Map (see Figure 2.1). A Public Utility--antenna support structure is fully consistent with the designated land use for the substation parcel in the Comprehensive Plan and the Structure will advance both objectives, offering an efficient and low-impact, low-power use of radiofrequency to help improve grid reliability, minimize outages and stabilize distribution line voltage flows. 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. 3. The proposed conditional use is designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity. The Substation and various properties in the general vicinity already contain numerous taller structures and equipment, such as metal and wooden utility poles, commercial mobile radio service facilities, a tall water tower, light standards at the top of a taller sledding hill and antennas installed on a variety of such existing taller structures. Many properties in the general vicinity of the subject property (particularly to its south and west) are zoned “M-2” or “C-3.” The “M-2” district already allows as of right freestanding commercial radio facilities of up to 100 feet in height so long as such facilities are a secondary principal use. 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. 4. The proposed conditional use is not hazardous or disturbing to existing neighboring uses. The proposed Structure will not be hazardous or disturbing to existing neighboring uses because it will function as an integral, but unmanned and unlit part of the Substation, just like any other piece of taller electrical infrastructure. In addition, the Substation and various nearby properties, particularly south and west, currently contain numerous structures of similar size and form. Other than the Structure, no additional adjustments to the Substation are proposed, thus minimizing any external effects. While there are residential homes to the north of the Substation, these homes primarily face east and west Attachment 2 Page 19 of 27 and thus will have limited, if any, views of the Structure. One home on Howard Avenue faces south, in the vicinity of the subject property. However, views of the Structure from this home will be mitigated by the east and north facades of the substation control building (given that the Structure will be east of the control building). Existing dense foliage provides screening of the Substation and its associated structures from points to the north in the residential subdivision. Finally, the very low (1 Watt or less) output power of the ComEd antennas 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. 5. The proposed conditional use is to be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or the persons or agencies responsible for the establishment of the proposed conditional use shall provide adequately any such services. 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. 6. The proposed conditional use does not create excessive additional requirements at public expense for public facilities and services and not be detrimental to the economic welfare of the community. The proposed Structure will not create any additional requirements at public expense for public facilities or services. To the contrary, the Structure's function will be to effectively pinpoint and minimize outages, allowing for power re-routing and restoration as quickly as possible and in as surgical a manner as possible. The Structure will also help even out the flow of electricity through the distribution lines. Both Structure functions will promote reliability of the electric grid, thereby boosting the City's economic welfare and public services. 7. The proposed conditional use does not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Structure will not be detrimental to any persons, property, or to 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. 8. The proposed conditional use provides vehicular access to the property designed that does not create an interference with traffic on surrounding public thoroughfares. The Structure will not obstruct vehicular access to the Substation nor, in that it will be generally unmanned, will it interfere with traffic on surrounding public thoroughfares. Attachment 2 Page 20 of 27 9. The proposed conditional use does not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. The Substation and nearby properties currently contain numerous taller structures such as poles, masts and light standards of comparable height and form. The addition of the Structure will not destroy, diminish, or damage any natural, scenic, or historic feature of major importance. 10. The proposed conditional use complies with all additional regulations in this title specific to the conditional use requested. The proposed conditional use will comply with all regulations outlined in the Zoning Ordinance (assuming the proposed text amendments included in this application are adopted by the City Council immediately prior to the requested conditional use approval). Attachment 2 Page 21 of 27 Attachment 3 Page 22 of 27 Proposed Text Amendments 1.Add “Public Utilities -- antenna support structures” to Table 5 in Section 12-7-4 as a Conditional Use in the M-2 zoning district, with a footnote indicating that such uses may exceed the allowable M-2 height and/or be situated within an otherwise required M-2 yard only when such adjustments are approved by the City Council as part of a conditional use. Uses M-1 M-2 M-3 Public Utilities -- antenna support structures C 7 7 Public Utilities--antenna support structures may exceed the allowable maximum M-2 height and/or be located within a required M-2 yard but only when the location and height are approved by the City Council as part of a conditional use. 2.Add the following to Section 12-8 as a new Section 12-8-14: 12-8-14: Public Utilities -- antenna support structures 1. General Requirements: Public Utilities -- antenna support structures shall meet the following requirements: a. Public Utilities -- antenna support structures shall be owned and operated by a public utility regulated by the Illinois Commerce Commission and/or the Federal Energy Regulatory Commission; b. Public Utilities -- antenna support structures shall be considered a secondary use located within the boundaries of an existing substation or other public utility-owned property which substation or property must be in existence prior to the establishment of the Public Utilities -- antenna support structure. c. Each Public Utilities -- antenna support structure shall be of no greater height than permitted by the federal aviation authority. 2. Operational requirement: Every Public Utilities -- antenna support structure shall be fully automated. No employees shall be stationed full-time at a structure site to support the structure operation, except when completing periodic or emergency maintenance and repairs. 3.Add a definition of "Public Utilities -- antenna support structures" to Section 12-13-3 as follows: PUBLIC UTILITIES -- ANTENNA SUPPORT STRUCTURES: A freestanding structure of other than lattice-type construction supporting antennae which communicate exclusively with public utility transmission and distribution equipment. Such structures may not include third- party usage. Attachment 4 Page 23 of 27 SCHUHKNECHT'S SUB.DOC. #13128391 08/20/1943 WH I P P L E ' S A D D I T I O N T O R I V E R V I E W DO C . # 1 6 9 8 5 8 5 07 / 1 1 / 1 8 9 2 P U B L I C A L L E Y H O W A R D A V E . LO T 5 0 LO T 4 9 LO T 4 8 LO T 3 LO T 2 LO T 1 LOT 1 TOUHY-MANNHEIM INDUSTRIAL SUB.DOC. #18096977 02/28/1961 LO T 1 2 TO U H Y - M A N N H E I M IN D U S T R I A L S U B . DO C . # 1 8 0 9 6 9 7 7 02 / 2 8 / 1 9 6 1 CN RAILW A Y I L L I N O I S S T . DEANE ST . TD C 2 1 5 S U B S T A T I O N Y A R D PL A T O F S U R V E Y At t a c h m e n t 5 Page 24 of 27 P U B L I C A L L E Y HO W A R D A V E . LO T 50 LO T 1 CN RAILWA Y I L L I N O I S S T . DEANE ST. TD C 21 5 SU B S T A T I O N YA R D ARNDT PARK At t a c h m e n t 6 Page 25 of 27 At t a c h m e n t 7 Page 26 of 27 1495 Howard Ave – Public Notice 1495 Howard Ave – Looking Southeast at Property 1495 Howard Ave – Looking Southeast at Front of Site 1495 Howard Ave – Looking Southwest at Side Yard A t t a c h m e n t 8 P a g e 2 7 o f 2 7