Submitted By
Tammie Grossman, Development Customer Services Director
Reviewed By
LKS
Agenda Item Title
Title
An Ordinance granting a special use permit pursuant to Section 3.1 ("Summary Use Matrix") and Section 4.5.2(U) (Radio, Television, and Other Electronic Transmitting and Receiving Devises) of the Zoning Ordinance of the Village of Oak Park, authorizing a rooftop wireless facility at 408 South Oak Park Avenue In Accordance with the Zoning Board of Appeals Findings.
End
Overview
Overview
Ray Shinkle, on behalf of T-Mobile, is requesting the issuance of a special use permit to operate a rooftop wireless antenna facility and a height allowance from the requirements of the B-1/B-2 Business District at the premises commonly known as 408 S. Oak Park Avenue.
Body
Staff Recommendation
Adopt the Zoning Board of Appeals Findings as to compliance of the proposed special use with the applicable standards and its recommendations, and approve the proposed Ordinance granting said special use permit.
Fiscal Impact
N/A.
Background
The subject property is an irregularly shaped zoning lot containing approximately 69,785 square feet, and is located in a B-1/B-2 General Business District. The property is improved with a six-story building (Oak Park Arms) which was originally built as a hotel in 1927. The applicant proposes to lease space on the roof of the Oak Park Arms and to construct a wireless rooftop facility with a total of six (6) proposed antennas.
In addition to the special use permit, T-Mobile is also requesting relief from Section 3.8.1 (A) (2) (Building Height) in order to install the six (6) proposed antennas, two antennas per sector, at a centerline height of 61' and 67', whereas the height limit in the B-1/B-2 General Business District is 45 feet. Two of T-Mobile's antenna sectors will be flush mounted to the side of the building on the south and east elevation at a centerline height of approximately 61 feet; while the third antenna sector will be mounted to a non-penetrating roof sled mount near the eastern edge of the building at a centerline elevation of approximately 67 feet.
Alternatives
1. Deny the special use permit, which would not allow the proposed use on site.
2. Approve the special use permit.
3. Approve the special use permit with conditions.
Previous Board Action
At their January 15, 2015 meeting, the Village Board authorized a referral of the special use to the Zoning Board of Appeals to hold a public hearing.
Citizen Advisory Commission Action
The Zoning Board of Appeals held a public hearing on February 4, 2015. The Zoning Board of Appeals ratified their findings of fact on March 4, 2015. The Zoning Board of Appeals is transmitting a written report of their findings and recommendation to the President and Board of Appeals as incorporated.
During the hearing several members of the public expressed concerns regarding the potential short and long-term health or environmental effects of wireless telephone communications. According to Jacob Karaca, attorney for the ZBA, the Federal Communications Commission has exclusive jurisdiction over such environmental and health concerns, and the U.S. Congress has expressly preempted local and state governments from denying placement of wireless transmission towers regarding these concerns.
Anticipated Future Actions/Commitments
None
Intergovernmental Cooperation Opportunities
Zoning and land use matters are unique to Village government within the corporate limits of Oak Park and therefore, intergovernmental cooperation opportunities do not exist.
Performance Management (MAP) Alignment
A Governance Priority established for the Development Customer Services Department - Community Planning Division is Land Use Regulations.