HomeMy WebLinkAboutJPZ - 11/28/2000 - ANTENNA SITING POLICY/LOCAL DRUG PARAPHERNALIA ORD JPZ Committee
November 28, 2000
Chernick Conference Room
7:05 pm
Present: Sam Lissner, Chair
Nancy Czamik, Member
Chris Prochno, Member
Staff: Raymond R. Rummel, Assistant Village Manager
ANTENNA SITTING POLICY
The JPZ Committee discussed the proposed revisions to the policy. The policy is
designed to encourage antenna carriers to locate on existing monopoles and tall buildings in
the Village (such as ABMC and NW Pointe)by making these permitted uses.
In addition, the policy is designed to discourage the construction of monopoles in
disfavored areas (near single family homes not on government property) by requiring more
extensive documentation by the petitioner and requiring the petitioner to fund the services of
an expert consultant reporting to the Village.
The consensus of the Committee was to recommend that the Village Attorney prepare
the necessary text amendment to the Zoning Ordinance for consideration by the Plan
Commission at a public hearing, and to provide for Plan Commission comment on the
proposed changes to the policy.
A "redline"copy of the proposed policy is attached.
LOCAL DRUG PARAPHERNALIA ORDINANCE
The JPZ Committee considered a report from the Chief of Police dated October 26,
2000. The Chief is recommending the adoption of a Village ordinance banning drug
paraphernalia which would mirror State Statutes. The purpose of the law would allow Police
Officers to adjudicate small amounts of cannabis and drug paraphernalia in the local court
system, rather than the State court system.
The consensus of the Committee was to place this item on the December 4, 2000
Village Board Consent Agenda.
Adjourn
The meeting adjourned at 8:00 pm.
c: Mayor and Board of Trustees, Village Manager, Assistant Village Manager, Village Clerk,
Director of Engineering & Community Development, Chief of Police, Village Attorney,
Assistant to the Village Manager.
DRAFT #3 Following JPZ COMMITTEE REVIEW on 11/28/00. Draft 1 additions in Italics.
Draft 2: October 30, 2000 JPZ additions are underlined and
VILLAGE OF ELK GROVE ANTENNA SITING POLICY
WIRELESS TELECOMMUNICATIONS ANTENNAS
The guidelines of this policy pertain to wireless telecommunications facilities for public
use including Cellular, PCS,Radio Transmission, Wireless Internet, Wireless E-Mail, Micro
Cell, and/or any other wireless telecommunications technology. The guidelines contained herein
are to provide general direction on the siting of wireless telecommunications facilities. Village
Zoning, Building, and Telecommunications Ordinances will dictate the actual construction and
siting laws of the Village of Elk Grove.
Except where strictly identified, wireless telecommunications antenna requests will
require a Special Use Permit in all zoning districts. The process for acquiring a Special Use
Permit includes the following: Submission of the appropriate application and filing fee; staff
review and comment; Village Board authorization for the Plan Commission to hold a public
hearing; a public hearing and any additional meetings necessary before the Plan Commission
which will make a recommendation to the Village Board; and Village Board consideration of the
Plan Commission's findings on the Special Use Permit petition. If approved, Special Use
Permits and associated conditions are granted by an Ordinance adopted by the Village Board of
Trustees.
In a select few locations, wireless telecommunications antenna requests will be treated as
a permitted use. The permitted uses only require staff review of the permit applications, the
submission of appropriate filing fees, and the issuance of a permit. No public hearings are
required under these circumstances. These select permitted use locations are identified under
the Favored Sites section of this policy.
After submitting an application for a wireless telecommunications antenna, Village staff
will review it for compliance with Village codes and policies. In addition, the Plan Commission
will consider the following guidelines during their deliberations on the petition for a Special Use
Permit:
GENERAL GUIDELINES
The Village recognizes that telecommunications carriers are interested in addressing the
following business concerns when proposing an antenna site:
a. The proposed site's ability to address market demand;
b. The proposed site's ability to provide adequate RF penetration based upon the capacity
of surrounding sites;
c. The proposed sites ability to accommodate future service growth;
As a matter of public policy, the Village of Elk Grove is interested in the proposed
antenna's impact as follows:
a. impact upon aesthetics;
b. impact upon property values;
c. impact upon surrounding land uses;
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DRAFT #3 Following JPZ WMMITTEE REVIEW on 11/28/00. Draft 1 additions in Italics.
Draft 2: October 30, 2000 JPZ additions are underlined and Refn,.-,..'.. .._e st fike 4ffeug
d. impact upon public safety issues (such as fall zones should an antenna tower fall,
support weight of a roofshould an antenna be installed on the roof, and similar
building/engineering/structural safety concerns); and,
e. The proposed site's impact upon existing public safety telecommunications or other
telecommunications of the municipality.
To balance the needs of telecommunications providers and the Village, the Village
requires the following General Guidelines to be met when siting an antenna:
1. The proposed antenna(transmitting and/or receiving station) shall be designed at the minimal
functional height. Such height shall not exceed the height in the applicable zoning district
unless so located as to be unintrusive to residential districts. Antennas exceeding the height
limitation in any zoning district will require a variation considered through the public hearing
process before the Plan Commission for the issuance of the Special Use Permit.
2. The development of additional antennas, towers, or structures needs to be accomplished with
an objective of co-locating multiple service providers on the new structure. Any existing site
on which a legal wireless telecommunications facility is currently located shall be favored as
an antenna location over any new service structure. As a condition of issuing a construction
permit, all new towers or poles shall be oversized to accommodate up to 3 additional
carriers in addition to the petitioner,for a total of 4 carriers.
3. The development of any tower or pole must ensure the minimization of visual obstructions by
utilizing the following siting standards in order of preference:
a) Locating on existing public buildings, structures, towers, utilities, or property including
water towers,police or fire structures, or other public property;
b) Co-locating on existing wireless telecommunications antennas, towers, or structures;
c) Locating in industrial, commercial, or office zoned districts where existing visual
obstructions or clutter will be removed as part of the installation of the antenna structure;
d) Locating in industrial, commercial, or office zoned districts where existing visual
obstructions or clutter cannot be removed;
e) Locating in multifamily zoned districts where existing visual obstructions or clutter can
be removed and where the applicant has minimized the intrusion of the antenna into
usable open space; and/or
f) Locating in a multifamily-zoned district where the applicant has minimized the intrusion
of the antenna into usable open space and existing clutter or obstructions cannot be
removed.
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DRAFT #3 Following JPZ COMMITTEE REVIEW on 11/28/00. Draft 1 additions in Italics.
Draft 2: October 30, 2000 JPZ additions are underlined and
g) It is the policy of the Village to not approve or permit any telecommunications antenna in
a single-family residential zoned district, except for those utilizing microcell technology
with whip antennas not exceeding 18 inches in height or 3 inches in circumference, or
those located on publicly owned property. A Special Use Permit will be required to
locate any telecommunications antenna in or adjacent to a single-family residential
zoned district.
4. The petitioner must take steps to minimize the impact of the antenna structure, in addition to
the aforementioned, by blending or buffering the structure into the surrounding area. Such
blending or buffering may include painting the tower or antenna, reducing antenna size,
collaring antennas, creatively implementing the tower into existing architectural designs or
landscapes, installing "stealth" towers that look like trees, and/or including plantings to
screen the antenna, tower, and associated equipment as much as practicable.
5. Prior to the issuance of any building permit, the Village shall determine that the new antenna
will not interfere with any Village Communication system. In addition, the petitioner must
demonstrate that the proposed tower will not interfere with existing residential or commercial
applications. If any interference is reported, the petitioner will investigate the cause and take
actions to remedy the interference if their equipment is at fault.
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6. If requested by the Village, the petitioner shall fund the services of a qualified RF Engineer
or other qualified consultants) to be engaged by the Village for the purpose of reviewing any
plans or submissions of the petitioner for compliance with the aforementioned general
provisions or other related matters, and said petitioner shall agree to fully cooperate with
the qualified RF Engineer or other consultant with respect to providing information and
documents to effectuate said review to the satisfaction of the consultant.
7. As a matter of policy, the Village will not permit wireless communication carriers to
construct lattice style towers.
ATTACHED/ROOF MOUNTED CELLULAR AND PCS ANTENNA GUIDELINES
Antennas installed upon existing structures (excluding a tower specifically designed to
carry antennas such as a monopole or lattice tower) must also meet the following guidelines, in
addition to the aforementioned guidelines:
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DRAFT #3 Following JPZ COMMITTEE REVIEW on 11/28/00. Draft 1 additions in Italics.
Draft 2: October 30, 2000 JPZ additions are underlined and
1. Facade Reef-mounted antennas, wires, brackets, and other exposed areas attached to the
building or other structures shall be painted or otherwise treated to match the exterior of the
building or structure. Antennas mounted on the roof more than 3 feet from the any exterior
wall can be a neutral color which will blend in with the skyline; and,
2. The placement of antennas shall not extend more than the lessor of 10 feet above the top of
the building or the allowable height of structures in the applicable zoning district. Equipment
shelters, structures, and antennas are otherwise subject to the placement of accessory
structures as regulated by the Village's Zoning Ordinance.
FAVORED SITES/LOCATIONS
Certain locations in the community lend themselves to the installation of antennas and
antenna structures. The Village has determined the areas listed below to be Favored Locations.
Favored locations do not require a Special Use Permit. Antenna installations are considered
permitted uses in these favored locations.
Favored Locations are designated as follows:
1) Co-Location on any legally existing antenna tower including the installation ofwhip,
stick, or can shaped antennas on existing monopoles and/or lattice towers,-
2)
owers;2) Installation on the roof-top or fagade of any building in the O-P Zoned District
(Northwest Point) as long as the antenna tower and associated structure is under 10
feet in height;
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4) Installation on top ofAlexian Brothers Medical Center (ABMC) Building at the
northeast intersection of Biesterfield Road and Beisner Road as long as the antenna
tower and associated structure is under I o feet in height;
S) Installation on Village owned property in the Village's I-2 Zoning District subject to
entering into a lease arrangment with the Village;
6) Installation on the Village's Hawthorne Lane or Pratt Boulevard Water Tower,
subiect to Village Board approval of a lease agreement: and
7) Reconstruction of an existing tower located in an I-1 or I-2 Zoned District but not to
exceed 110% of the height of the existing tower.
DISFAVORED SITES
A telecommunications antenna and associated service structures located in or adjacent to single
family attached or detached zoned districts are disfavored sites. The petitioner for these sites
must provide additional information for consideration by the Plan Commission in these areas. In
addition, the Village shall engage a qualified RF Engineer to review the submission of the
petitioner, and the petitioner shall fund the services of the qualified RF Engineer.
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DRAFT #3 Following JPZ UOMMITTEE REVIEW on 11/28/00. Draft 1 additions in Italics.
Draft 2: October 30, 2000 JPZ additions are underlined and
The information to be submitted by the petitioner for the location of an antenna in a disfavored
location shall include all of the following (items a-f below):
'Identify all publicly-utilized buildings, co-location sites,favored locations, or other
types of acceptable location sites (General Guidelines 3a to3g) within the carrier's
search ring rea which would be served by the proposed antenna,
including a Zoning map wiA lot and bleek number identifi ata scale of 1:600
'0 showing the location of such buildings within the service area rsei 4,'A,0f4
b) Provide a study demonstrating that preferred sites are unavailable. This is required
before the Village will consider approving the siting of an antenna in a disfavored
location;
c) Provide a written statement demonstrating what good faith efforts were made to site
an antenna in preferred locations; explain how those efforts were unsuccessful; and
include information why each site was not technically, legally, or economically
feasible;
d) Provide a written statement indicating how and why the proposed site is essential to
meet demands in the geographic service area;
e) Provide evidence of lack of space on suitable existing towers to locate the proposed
antenna and of the lack of space on existing tower sites to construct a tower for the
proposed antenna. If co-location would ameliorate the visual impact than the
addition of a second tower, the petitioner must provide evidence as to why such co-
location is not being proposed; and,
I) Provide drawings to scale indicating how the antenna will be hidden, disguised, or
otherwise designed as a stealth structure in order to minimize visual impact.
A petition for installation of an antenna service structure, tower, or pole facility on a
municipally utilized structure or property shall not be considered a disfavored site and need not
satisfy the aforementioned justification conditions unless so requested by the Plan Commission
during the Special Use hearing. Co-location on existing monopoles is considered a Favored
Location for p=oses of administering this policy.
REQUIRED APPLICATION INFORMATION
Each petitioner for a telecommunications service facility shall provide a letter addressed
to the Village Manager with the following information. Applications are to be submitted to the
Village Clerk for distribution to the Village Manager's Office.
1. A written facilities plan including a list of all petitioner's existing and future known cellular,
PCS, or other telecommunications transmission antennas within the corporate limits in the
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DRAFT#3 Following JPZ COMMITTEE REVIEW on 11/28/00. Draft I additions in Italics.
Draft 2: October 30, 2000 JPZ additions are underlined and Removals afe strike 44 eugh
next 5 years. The location of each antenna site must be presented on a map including the
type of antenna installation(stand alone, roof top, tower, tower height, etc.), the radio
frequency range, and Megahertz of each existing and planned structure;
2. How the proposed facility falls within the policy guidelines established herein;
3. The location of any accessory structures for the facility;
4. If the facility is located within a disfavored location,provide responses to the information
required under this policy for disfavored locations; and,
5. A completed petition for a Special Use Permit including the necessary filing fees. The
petition need not be submitted if the proposed antenna is located in a Favored Site. In that
event, the petitioner need only complete the necessary building/engineering permit to satisfy
this requirement.
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