2002-39 GRANTING SPECIAL PERMIT COMMUNICATION TOWER - SPECTRASITE COMMUNICATIONS

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, � , Excerpts from Plan Commission Minutes of May 2, 2002 Cal. No. 02-19 Petition of SPECTRASITE COMMUNICATIONS to amend the B-3 Planned Shopping Center District and for a Special Use Permit to erect a multi-carrier 180 foot mono pole communication tower and associated structures at 1400 WEST KING STREET(Fairview Park Plaza). Ms. Ahmed presented the recommendation of staff: This case was in front of Plan Commission last month. The material that the petitioner has submitted since that time does not address the concerns that staff presented to the Commission. The subject site is adjacent to an Illinois Power/Dynegy substation and to the Norfolk Southern Railroad(Railroad)right of way. The fall zone for the proposed mono pole encroaches on the premises of these two entities. Illinois Power and Norfolk Southern will have to authorize and approve that such a fall zone coincides with their properties. The petitioner has still not presented staff with documentation that supports the proposed mono pole. The proposed tower is located in an existing PUD that was amended in December 2000 and that was to accommodate 759 parking stalls. The required number of parking stalls for this type of development is 1,224. The petitioner presented plans with alternative parking arrangements. Because this is a PUD, such a proposal calls for an amendment of the parking plan, which is not what the petitioner is asking for. Rather the amendment proposed is for the installation of a cellular tower. Furthermore, the plans submitted by the petitioner do not follow the proper format for amending a PUD. Based on the above analysis, staff recommends denial of the petition Mr. Shampine inquired about the deviation from the Planned Unit Development. Ms.Ahmed stated that the agreement between the City and the developer stipulates 759 parking spaces. The cell tower request would compromise the number of parking stalls agreed on. The petitioner has only submitted a plan for parking revision of the Planned Unit Development. All required documentation has not been submitted. Mr. Ed Flynn, Attorney, was present and spoke for the petition representing Spectrasite Communications. Mr. Hans Mugler,employee and representative of CIS Communications for Spectrasite was also present. Mr.Flynn stated that he did not disagree that a shopping center of this size requires over 1,000 parking spaces. He stated that this shopping center was built outside of the city in Macon County and annexed later to the city. The subject Planned Unit Development resulted in the owner tearing down the Dairy Queen and laundromat. Mr. Flynn stated that the issue had been the 13 parking spaces relevant to the fall zone. The parking plan has been revised to recover the parking spaces. Mr.Flynn stated that the issue then became that the plan was not certified and the petitioner was not in a position to amend the existing Planned Unit Development. Mr.Flynn requested that the cell tower be granted with the