11/10/2020Case 20-040-TA-MAP-CU 1495 Howard Ave Text & Map Amendment, Conditional Use
November 10, 2020
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DES PLAINES PLANNING AND ZONING BOARD MEETING
November 10, 2020
MINUTES
The Des Plaines Planning and Zoning Board Meeting held its regularly-scheduled meeting on Tuesday,
November 10, 2020, at 7:00 p.m. in Room 101 of the Des Plaines Civic Center.
ZONING BOARD
Acting Chairman Saletnik called the meeting to order at 7:08 p.m. and read this evening’s cases. Roll call
was established.
PRESENT: Catalano (via phone), Fowler, Hofherr, Saletnik
ABSENT: Bader, Szabo, Veremis
ALSO PRESENT: Mike McMahon/Director, 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 Fowler, seconded by Board Member Hofherr, to approve the
minutes of October 13, 2020, as presented.
AYES: Catalano, Fowler, Hofherr, Saletnik
NAYES: None
ABSTAIN: None
***MOTION CARRIED UNANIMOUSLY***
Case 20-040-TA-MAP-CU 1495 Howard Ave Text & Map Amendment, Conditional Use
November 10, 2020
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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. (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.
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
Acting Chairman Saletnik swore in the following individuals to provide information regarding the
Planning & Zoning Board request:
• Joseph Turnage, External Affairs Manager, Commonwealth Edison Company
1500 Franklin Blvd, Libertyville, IL 60048
• Scott E Saef, Sidley Austin LLP
1 S Dearborn, Chicago, IL 60603
• Christopher M Collins, Principal Project Manager, Exelon
Commonwealth Edison Company, Three Lincoln Centre, Oakbrook Terrace, IL 60181
• Douglas J Gothan, Landscape Architect, Christopher B Burke Engineering LTD
9575 W Higgins Rd, Rosemont, IL 60018
Acting Chairman Saletnik also swore in Don Miletic, Executive Director for the Des Plaines Park District,
2222 Birch St, Des Plaines, IL 60018.
The applicants provided information about the benefits of the antenna support structure upgrade,
including improved reliability of the electric grid through:
• ComEd-only “Smart Grid” Technology
• Coordinated functionality between Substation and Distribution System
• Reduced Distribution Outages
• Decreased Outage Durations
• Increased Voltage Efficiencies for All Users
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• Enhanced Operational Effectiveness and Responsiveness
Mr. Chris Collins provided a technical overview of the smart grid infrastructure. Mr. Collins explained
how the increase of switches and cap banks along the distribution line limits the amount of outages,
duration of outages and voltage along the line.
Member Fowler inquired about the number of current pieces of equipment currently. Mr. Collins stated
that there are approximately 12,000 pieces of equipment; they are about 90 flags still to be deployed in
the Des Plaines area. ComEd is still deploying switches and cap banks throughout Illinois. Mr. Collins
stated that the antennae will only be serving the Des Plaines area.
Mr. Collins went over the structure of the antenna; the structure has five antennas, separated by 15 feet
(antennas needs to be at least 10 feet apart). Antennas are five feet tall and the first antenna needs to
be approximately 35 feet above grade.
Each of the antennas can handle approximately 40-50 devices.
The pole is approximately 2½ feet in diameter next to the control building, no additional building will be
built.
Acting Chairman Saletnik inquired if this ties into the current smartmeters in our homes. Mr. Collins
stated that this is a different network, this systems is solely for the electrical distribution system.
Mr. Gotham went over the proposed landscape plan, which includes the planting of White Wood Aster,
Northern Bayberry and Blue Muffin Arrowwood Viburnum. The plants will be as close to Howard Street
as possible to provide appropriate screening, plants will not top ten feet in height due to ComEd
requirements.
Member Fowler asked about screening next to the Park District property next to the baseball field. Mr.
Gotham stated there are no plans to add screening to that portion of the property.
Mr. Saef stated that there is very little room between the current property and Park District property
line.
Acting Chairman Saletnik asked if the Board had any questions, there were no additional questions.
Acting Chairman Saletnik asked if there were any questions or concerns from the audience.
Park District Director Miletic agreed with the importance of the project. Mr. Miletic asked the Planning
& Zoning Board to work with ComEd for burying the east-west power lines and work with the Park
District regarding planting on the east side.
Director McMahon stated that he would work with ComEd and the Park District following the meeting,
prior to bringing forward to City Council.
Acting Chairman Saletnik stated that the lot line is very close on the east side and is Park District
property.
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Member Fowler had two questions, 1. Would ComEd be able to bury the power lines and 2. Would
ComEd provide additional landscaping.
Mr. Turnage responded that burying power lines is a non-standard function of ComEd and an expense to
the municipality. The cost is unknown at this time. ComEd is regulatory utility, therefore, all rate payers
would be charged for undergrounding the services in Des Plaines.
Acting Chairman Saletnik asked about the voltage of poles. Mr. Turnage stated that they are low voltage
polies.
Mr. Turnage stated that the landscaping not be an issue, but would have be brought back to the ComEd
team. Acting Chairman Saletnik stated that an easement or agreement be put in place prior to the
planting.
Chairman Szabo asked that the Staff Report be entered into record. Director McMahon provided a
summary of the following report:
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
Ward: #6, Alderman Malcolm Chester
Existing Zoning: R-1, Single Family Residential District
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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 are 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
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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:
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
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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:
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
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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.
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 /
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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.
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
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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.
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.
A motion was made by Board Member Hofherr, seconded by Board Member Fowler to approve with
the following additional conditions: a) recommendation of landscape planting on the east side of the
property and any appropriate easement agreements for Park District maintenance and b) provide
information to the City Council regarding the cost of burying lines as requested by the Park District.
AYES: Hofherr, Fowler, Catalano, Saletnik
NAYES: None
***MOTION CARRIES ***
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ADJOURNMENT
The next meeting is scheduled for November 24, 2020.
Acting Chairman Szabo adjourned the meeting by voice vote at 7:48 p.m.
Sincerely,
Wendy Bednarz, Recording Secretary
cc: City Officials, Aldermen, Zoning Board of Appeals, Petitioners