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2008-0607/31/2008 C ORDINANCE NO. 2008 - 60 Ll AN ORDINANCE APPROVING THE SECOND AMENDMENT TO A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS US Cellular communications tower Antenna and ground equipment for T— Mobile USA 351 Hastings Drive Missner /Hastings Subdivision 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 Industrial District pursuant to "Missner Development Corporation" annexation agreement dated October 20, 1997 approved by Ordinance 97 -80; and, WHEREAS, said annexation agreement for the Property allowed the communications tower (monopole with a height of 148 feet) as an existing use at the time of said annexation; and, WHEREAS, Section 27.I. of said annexation agreement stipulates that the existing tower may not be expanded or modified unless approved by the Village; and, WHEREAS, the Village approved Ordinance No. 2000 -54 amending the special use to allow Metricom to install a wireless communications facility on said existing tower; and, WHEREAS, T— Mobile as lessee, is requesting that US Cellular, the owner of the communications tower, and Hastings Building, LLC owner of the Property, allow T— Mobile to install an antenna on said existing tower and to construct an equipment cabinet on the ground adjacent to said tower; and, WHEREAS, the Industrial District of the Village Zoning Ordinance allows a communications tower as a special use; and, WHEREAS, T— Mobile has requested that the Village amend the special use to allow installation of said antenna, ground level equipment cabinet and perimeter fence, pursuant to the following exhibits: 2 0 EXHIBIT A Legal Description EXHIBT A -1 Legal Description — T— Mobile ground lease area GROUP EXHIBIT B Overall site plan (Sheet C -1) dated March 31, 2008, enlarged site plan (Sheet C -2) July 31, 2008 and geometric site plan (Sheet C -3 including tower elevation drawing) dated March 31, 2008by W —T Communication Design Group, LLC EXHIBIT C Equipment cabinet specifications plan (Sheet C -5) dated March 31, 2008 by W —T Communication Design Group, LLC EXHIBIT D EXHIBIT F Perimeter fence plan (Sheet C -9) dated July 31, 2008 by W —T Communication Design Group, LLC Site grading plan (Sheet GR -1) dated July 31, 2008 by W —T Communication Design Group, LLC Equipment layout and dated March 31, 2008 Design Group, LLC concrete pad (Sheet F -1) by W —T Communication WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. 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 Zoning Ordinance and Development 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 adopt a proper, valid and binding ordinance ordinance amending the special use to allow the installation of the antenna on the existing tower and the ground level equipment cabinet and fencing proposed by T— Mobile pursuant to Exibits B through F hereto for the Property legally described in Exhibit A and the lease area described in Exhibit A -1 hereto. C 0 Section 3. The Special Use is subject to the following conditions: A. All work concerning installation of the T— Mobile facility shall be in compliance with applicable codes, regulations and development procedures of the Village. B. Any changes or amendments to the exhibits approved herein are subject to Village approval, and the Village will determine if a public hearing is necessary for proposed changes or amendments. C. Barbed fencing depicted and represented on the exhibits hereto is not approved and shall not be installed on the Property described in Exhibit A nor the lease area for T— Mobile described in Exhibit A- L D. Site grading and drainage related to improvements proposed by T— Mobile are subject to approval by the Village Engineer. 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: NAYS: ABSENT: PASSED: ATTEST: 6 — Braiman, Glover, Berman, Kahn, Trilling, Rubin 0 — None 0 — None August 4, 2008 Village Clerk This document was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: August 4, 2008 ELLIOTT HARTSTEIN, Village President © r 4 Exhibit A — Legal Description of overall Property US Cellular communications tower Antenna and ground equipment for T— Mobile USA 351 Hastings Drive Lot 2 in Missner Hastings Subdivision, being a subdivision of part of the north half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, in the Village of Buffalo Grove, Illinois. PIN: 15 -34- 315 -031 Exhibit A -1— Legal Description of lease area for T— Mobile USA That part of Lot 2 in Missner Hastings Subdivision, being a subdivision of part of the north half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing at the southeast corner of said Lot 2; thence south 88 degrees, 02 minutes, 00 seconds west along the south line of said Lot 2, 96.24 feet to the point of beginning; thence continuing south 88 degrees, 02 minutes, 00 seconds west along the south line, 8.06 feet; thence north 18 degrees, 27 minutes, 39 seconds west, 26.04 feet; thence north 88 degrees, 02 minutes, 00 seconds east, 15.45 feet; thence south 01 degrees, 58 minutes, 00 seconds east, 24.97 feet to the point of beginning, containing 293.58 square feet, all in Lake County, Illinois. 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, June 16, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2008 -58, AN ORDINANCE APPROVING THE SECOND AMENDMENT TO A SPECIAL USE FOR THE WIRELESS COMMUNICATIONS FACILITY AT 351 HASTINGS DRIVE FOR AN ADDITIONAL ATTENNA AND EQUIPTMENT CABINET BY T- MOBILE USA provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -60, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on August 5, 2008 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 5TH day of August, 2008. (30, Vil Clerk By 7/31/2008 ORDINANCE NO. 2008 - 60 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. US Cellular communications tower Antenna and ground equipment for T— Mobile USA 351 Hastings Drive Missner/Hastings Subdivision 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 Industrial District pursuant to "Missner Development Corporation" annexation agreement dated October 20, 1997 approved by Ordinance 97 -80; and, WHEREAS, said annexation agreement for the Property allowed the communications tower (monopole with a height of 148 feet) as an existing use at the time of said annexation; and, WHEREAS, Section 27.I. of said annexation agreement stipulates that the existing tower may not be expanded or modified unless approved by the Village; and, WHEREAS, the Village approved Ordinance No. 2000 -54 amending the special use to allow Metricom to install a wireless communications facility on said existing tower; and, WHEREAS, T— Mobile as lessee, is requesting that US Cellular, the owner of the communications tower, and Hastings Building, LLC owner of the Property, allow T— Mobile to install an antenna on said existing tower and to construct an equipment cabinet on the ground adjacent to said tower; and, WHEREAS, the Industrial District of the Village Zoning Ordinance allows a communications tower as a special use; and, WHEREAS, T— Mobile has requested that the Village amend the special use to allow installation of said antenna, ground level equipment cabinet and perimeter fence, pursuant to the following exhibits: FA 2 EXHIBIT A Legal Description EXHIBT A-1 Legal Description — T— Mobile ground lease area GROUP EXHIBIT B Overall site plan (Sheet C -1) dated March 31, 2008, enlarged site plan (Sheet C -2) July 31, 2008 and geometric site plan (Sheet C -3 including tower elevation drawing) dated March 31, 2008by W —T Communication Design Group, LLC EXHIBIT C Equipment cabinet specifications plan (Sheet C -5) dated March 31, 2008 by W —T Communication Design Group, LLC EXHIBIT D Perimeter fence plan (Sheet C -9) dated July 31, 2008 by W —T Communication Design Group, LLC EXHIBIT E Site grading plan (Sheet GR -1) dated July 31, 2008 by W —T Communication Design Group, LLC EXHIBIT F Equipment layout and concrete pad (Sheet F -1) dated March 31, 2008 by W —T Communication Design Group, LLC WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. 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 Zoning Ordinance and Development 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 adopt a proper, valid and binding ordinance ordinance amending the special use to allow the installation of the antenna on the existing tower and the ground level equipment cabinet and fencing proposed by T— Mobile pursuant to Exibits B through F hereto for the Property legally described in Exhibit A and the lease area described in Exhibit A -1 hereto. Section 3. The Special Use is subject to the following conditions: A. All work concerning installation of the T— Mobile facility shall be in compliance with applicable codes, regulations and development procedures of the Village. B. Any changes or amendments to the exhibits approved herein are subject to Village approval, and the Village will determine if a public hearing is necessary for proposed changes or amendments. C. Barbed fencing depicted and represented on the exhibits hereto is not approved and shall not be installed on the Property described in Exhibit A nor the lease area for T— Mobile described in Exhibit A- 1. D. Site grading and drainage related to improvements proposed by T— Mobile are subject to approval by the Village Engineer. 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: NAYS: ABSENT: PASSED: ATTEST: 6 — Braiman, Glover, Berman, Kahn, Trilling Rubin 0 — None 0 — None August 4, 2008 Village Clerk This document was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 APPROVED: August 4, 2008 APPROVED: ELLIOTT HARTSTEIN, Village President a. Exhibit A — Legal Description of overall Property US Cellular communications tower Antenna and ground equipment for T— Mobile USA 351 Hastings Drive Lot 2 in Missner Hastings Subdivision, being a subdivision of part of the north half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, in the Village of Buffalo Grove, Illinois. PIN:15- 34- 315 -031 Exhibit A -1— Legal Description of lease area for T— Mobile USA That part of Lot 2 in Missner Hastings Subdivision, being a subdivision of part of the north half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing at the southeast corner of said Lot 2; thence south 88 degrees, 02 minutes, 00 seconds west along the south line of said Lot 2, 96.24 feet to the point of beginning; thence continuing south 88 degrees, 02 minutes, 00 seconds west along the south line, 8.06 feet; thence north 18 degrees, 27 minutes, 39 seconds west, 26.04 feet; thence north 88 degrees, 02 minutes, 00 seconds east, 15.45 feet; thence south 01 degrees, 58 minutes, 00 seconds east, 24.97 feet to the point of beginning, containing 293.58 square feet, all in Lake County, Illinois.