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2005-0102/24/2005 0 _ :V ORDINANCE NO. 2005 - 10 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE IN THE R -E DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS BUSCH GROVE COMMUNITY PARK 801 McHenry Road Proposed cellular communications antenna and tower WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property ") attached hereto is zoned in the R -E One - Family Dwelling District with a Special Use for a public park; and, WHEREAS, the Buffalo Grove Park District is the Owner of the Property (Busch Grove Community Park); and, WHEREAS, the Owner proposes to enter into a lease with T- Mobile USA, Inc. to construct a communications antenna and tower (120 feet in height) and a ground -level equipment shelter for wireless communications pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Site plan (4 sheets, including T -1, Z -1, Z -2 and Z -3) dated October 27, 2004 by Fullerton Engineering Consultants EXHIBIT C Proposed monopole tower appearance (2 sheets, 8x 11 %z inch, color) by Groundwork, Ltd. EXHIBIT D Building Materials List dated February 15, 2005 EXHIBIT E Existing service level map dated June 8, 2004 by Odyssey Logics Mobile Networks N EXHIBIT F Existing tower inventory (Attachment 1) EXHIBIT G Customer complaint depiction dated December 29, 2004 (11 x 17- inch) EXHIBIT H RF Justification — Busch Grove Park (Attachment 2A) EXHIBIT I Letter (undated) from Aaron Knight, T- Mobile Development Manager — Chicago concerning Village requirements for zoning approval EXHIBIT J "Common Questions About Wireless Communications" (2 pages, undated) WHEREAS, the Buffalo Grove Park District submitted a petition requesting approval of a special use for a communications antenna and tower pursuant to the provisions and requirements of Chapter 17.34 of the Village Zoning Ordinance. and, WHEREAS, notice of the public hearing concerning the petition for the special use was given and the public hearing was held by the Buffalo Grove Plan Commission on December 1, 2004 and continued and completed on January 5, 2005; and, WHEREAS, at the regular meeting on February 2, 2005 the Plan Commission determined, pursuant to findings based on the testimony presented at the public hearing, that the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and the proposed communications tower will comply with the provisions and requirements set forth in Chapter 17.34 of the Village Zoning Ordinance, that the special use is an appropriate use of the Property and will not unduly affect adjacent properties; and, WHEREAS, the Corporate Authorities of the Village do hereby find that the proposed cellular communications antenna and tower meet the special use criteria as set forth in Section 17.28.040 of the Buffalo Grove Municipal Code and will comply with the provisions and requirements set forth in Chapter 17.34 of the Village Zoning Ordinance, and specifically make the following findings and conclusions regarding the proposed cellular communications antenna and tower ( "telecommunications facilities "): 1. It has been demonstrated that in the area of the proposed location of the telecommunications facilities that wireless communication coverage is considered marginal to poor because of progressively weaker RF signal strength which creates deteriorating system access and that by installation of the telecommunications facilities the signal strength will increase thereby allowing greater cellular telephone use and thereby serving the public convenience not only at the location of the installation but throughout the projected coverage area and in addition the establishment, maintenance and operation of the telecommunications facilities will not be detrimental to or 4 Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve an amendment to the Special Use for the Property legally described in EXHIBIT A attached hereto. Section 3. The Special Use is subject to the following: A. The following variations of the Village Zoning Ordinance are hereby granted: Section 17.40.020.B.- to allow a height of 120 feet instead of the standard maximum building height of 35 feet; Section 17.40.020.A. - to allow a setback of 86 feet instead of 240 feet from the north property line (abutting a separate real estate parcel in Busch Grove Park); Section 17.34.040.H.7. - to allow lights for a playing field to be attached to the tower. B. Prior to application for 'a Village building permit, Owner shall submit documents as required by the Village for final review of the appearance of the proposed tower and ground level equipment shelter. C. A final landscaping plan shall be submitted to the Village Forester for review and approval prior to any removal of trees, site preparation work or grading on the Property. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYES 0 — None 0 — None PASSED: February 28, 2005 APPROVED: February 28, 2005 ATTEST: APPROVED: endanger the public health, safety, morals, comfort, or general welfare; 2. Currently at the proposed location of the telecommunications facilities is an existing light pole that will be replaced by a monopole which will not only serve as a light pole but also as the location for the telecommunication antennas. The monopole and its equipment shelter will be located in approximately the center of the Buffalo Grove Park District's Busch Grove Community Park which is a total acreage of 76.5 acres and is surrounded by natural landscaping including an existing tree area. The cellular tower site is so located so that it will be over 600 feet from any residence located east or west of the site and over 1,300 feet from any residences north of the proposed location. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; 3. The distances to the nearest residences, the tree cover surrounding the site and open green space indicate that there will not be a detrimental effect or injury to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in said residential zoning districts, nor will such use substantially diminish and impair other property valuations within the neighborhood; 4. The nature, location and size of the telecommunications facilities will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord`with the residential zoning district within which they lie; 5. The telecommunications facilities will not need any utilities to the site other than electricity which is adjacent and therefore adequate utilities are provided; there is access to the site from adjacent existing parking lots which parking lots have adequate access drives from Illinois Route 83; the proposed improvements will not have any significant impact upon drainage in the area; any necessary facilities for the special use have been or will be provided; 6. Since the telecommunications facilities require only maintenance visits several times a year no specific new parking areas need to be created and existing parking areas immediately adjacent to the site are of adequate size and properly located and suitably screened from adjoining residential uses. The entrance and exit driveways to and from these parking areas are designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. 7. The special use in all other respects conforms to the applicable regulations of the RE zoning district, except as such regulations are varied in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's 0 s illage Clerk 5 ELLIOTT HARTSTEIN, Village President This document was prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 6 EXHIBIT A Legal Description Busch Grove Community Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 2 in Stone Creek subdivision, being a subdivision of part of the east half of the northeast quarter of Section 32 and part of the southwest quarter of the northwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Busch Grove Park, 801 McHenry Road, Buffalo Grove, IL. PIN 15 -32 -213 -001 This document was prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Pf N a -'Ah _. STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on February 28, 2005 the Corporate Authorities of the Village passed and approved Ordinance No. 2005 -10 entitled: AN ORDINANCE APPROVING A SPECIAL USE FOR A TELECOMMUNICATIONS ANTENNA TOWER IN THE R -E DISTRICT AT BUSCH GROVE COMMUNITY PARK, 801 MCHENRY ROAD provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2005 -10, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing March 1, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 1st day of March, 2005. Villag lerk �jk� By 2/24/2005 ORDINANCE NO. 2005 -10 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE IN THE R -E DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS BUSCH GROVE COMMUNITY PARK 801 McHenry Road Proposed cellular communications antenna and tower WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property") attached hereto is zoned in the R -E One - Family Dwelling District with a Special Use for a public park; and, WHEREAS, the Buffalo Grove Park District is the Owner of the Property (Busch Grove Community Park); and, WHEREAS, the Owner proposes to enter into a lease with T- Mobile USA, Inc. to construct a communications antenna and tower (120 feet in height) and a ground -level equipment shelter for wireless communications pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Site plan (4 sheets, including T -1, Z -1, Z 2 ind Z -3) dated October 27, 2004 by Fullerton Engineering Consultants EXHIBIT C Proposed monopole tower appearance (2 sheets, 8x11 %z inch, color) by Groundwork, Ltd. EXHIBIT D Building Materials List dated February 15, 2005 EXHIBIT E Existing service level map dated June 8, 2004 by Odyssey Logics Mobile Networks 2 EXHIBIT F Existing tower inventory (Attachment 1) EXHIBIT G Customer complaint depiction dated December 29, 2004 (11x17- inch) - EXHIBIT H RF Justification — Busch Grove Park (Attachment 2A) EXHIBIT I Letter (undated) from Aaron Knight, T- Mobile Development Manager — Chicago concerning Village requirements for zoning approval EXHIBIT J "Common Questions About Wireless Communications" (2 pages, undated) WHEREAS, the Buffalo Grove Park District submitted a petition requesting approval of a special use for a communications antenna and tower pursuant to the provisions and requirements of Chapter 17.34 of the Village Zoning Ordinance; and, WHEREAS, notice of the public hearing concerning the petition for the special use was given and the public hearing was held by the Buffalo Grove Plan Commission on December 1, 2004 and continued and completed on January 5, 2005; and, WHEREAS, at the regular meeting on February 2, 2005 the Plan Commission determined, pursuant to findings based on the testimony presented at the public hearing, that the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and the proposed communications tower will comply with the provisions and requirements set forth in Chapter 17.34 of the Village Zoning Ordinance, that the special use is an appropriate use of the Property and will not unduly affect adjacent properties; and, WHEREAS, the Corporate Authorities of the Village do hereby find that the proposed cellular communications antenna and tower meet the special use criteria as set forth in Section 17.28.040 of the Buffalo Grove Municipal Code and will comply with the provisions and requirements set forth in Chapter 17.34 of the Village Zoning Ordinance, and specifically make the following findings and conclusions regarding the proposed cellular communications antenna and tower ( "telecommunications facilities "): 1. It has been demonstrated that in the area of the proposed location of the telecommunications facilities that wireless communication coverage is considered marginal to poor because of progressively weaker RF signal strength which creates deteriorating system access and that by installation of the telecommunications facilities the signal strength will increase thereby allowing greater cellular telephone use and thereby serving the public convenience not only at the location of the installation but throughout the projected coverage area and in addition the establishment, maintenance and operation of the telecommunications facilities will not be detrimental to or 3 endanger the public health, safety, morals, comfort, or general welfare; 2. Currently at the proposed location of the telecommunications facilities is an existing light pole that will be replaced by a monopole which will not only serve as a light pole but also as the location for the telecommunication antennas. The monopole and its equipment shelter will be located in approximately the center of the Buffalo Grove Park District's Busch Grove Community Park which is a total acreage of 76.5 acres and is surrounded by natural landscaping including an existing tree area . The cellular tower site is so located so that it will be over 600 feet from any residence located east or west of the site and over 1,300 feet from any residences north of the proposed location. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; 3. The distances to the nearest residences, the tree cover surrounding the site and open green space indicate that there will not be a detrimental effect or injury to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in said residential zoning districts, nor will such use substantially diminish and impair other property valuations within the neighborhood; 4. The nature, location and size of the telecommunications facilities will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the residential zoning district within which they lie; 5. The telecommunications facilities will not need any utilities to the:site other than electricity which is adjacent and therefore adequate utilities are provided; there is access to the site from adjacent existing parking lots which parking lots have adequate access drives from Illinois Route 83; the proposed improvements will not have any significant impact upon drainage in the area; any necessary facilities for the special use have been or will be provided; 6. Since the telecommunications facilities require only maintenance visits several times a year no specific new parking areas need to be created and existing parking areas immediately adjacent to the site are of adequate size and properly located and suitably screened from adjoining residential uses. The entrance and exit driveways to and from these parking areas are designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. 7. The special use in all other respects conforms to the applicable regulations of the RE zoning district, except as such regulations are varied in this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's 4 Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby approve an amendment to the Special Use for the Property legally described in EXHIBIT A attached hereto. Section 3. The Special Use is subject to the following: A. The following variations of the Village Zoning Ordinance are hereby granted: Section 17.40.020.B.- to allow a height of 120 feet instead of the standard maximum building height of 35 feet; Section 17.40.020.A. - to allow a setback of 86 feet instead of 240 feet from the north property line (abutting a separate real estate parcel in Busch Grove Park); Section 17.34.040.H.7. - to allow lights for a playing field to be attached to the tower. B. Prior to application for a Village building permit, Owner shall submit documents as required by the Village for final review of the appearance of the proposed tower and ground level equipment shelter. C. A final landscaping plan shall be submitted to the Village Forester for review and approval prior to any removal of trees, site preparation work or grading on the Property. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin NAYES: 0 — None ABSENT: 0 — None PASSED: February 28, 2005 APPROVED: February 28, 2005 ATTEST: APPROVED: illage Clerk W ELLIOTT HARTSTEIN, Village President This document was prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 6 EXHIBIT A Legal Description Busch Grove Community Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 2 in Stone Creek subdivision, being a subdivision of part of the east half of the northeast quarter of Section 32 and part of the southwest quarter of the northwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Busch Grove Park, 801 McHenry Road, Buffalo Grove, IL. PIN 15 -32- 213 -001 This document was prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089