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2009-08312/9/2009 i ORDINANCE NO. 2009 — S 3 • SECOND AMENDMENT TO ORDINANCE NO. 2005-10 CONCERNING THE SPECIAL USE IN THE R -E DWELLING DISTRICT FOR THE CELLULAR COMMUNICATIONS TOWER FACILITY AT BUSCH GROVE COMMUNITY PARK 801 McHenry Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Buffalo Grove Park District is the owner ( "Owner") of the real property legally described in EXHIBIT A ( "Property "); and, WHEREAS, the Property is zoned in the R -E One - Family Dwelling District with a Special Use for a public park; and, WHEREAS, the Village approved Ordinance No. 2005 -10 approving a special use for a cellular communications tower facility, including a ground level equipment shelter, and said tower (120 feet in height) and antenna was constructed by T- Mobile USA, Inc.; and, WHEREAS, the Village approved Ordinance No. 2005 -72 as the first amendment to Ordinance No. 2005 -10 allowing collocation of an antenna for a second cellular communications provider on the tower and use of the ground level equipment shelter; and, WHEREAS, Clearwire Corporation ( "Clearwire ") requests approval to allow collocation of a third antenna on the tower and expansion of the ground —level fenced area around the tower and existing equipment shelter to accommodate an equipment cabinet; and, WHEREAS, said expansion of the ground level fenced area will be a lease area of 76 square feet (8 feet by 9.5 feet) at the northeast corner of the current fenced area; and, WHEREAS, the Clearwire antenna, ground —level equipment cabinet and expanded fenced area shall be constructed in compliance with the following exhibits: 0 • 2 EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning amendment of Ordinance No. 2005 -10 EXHIBIT C Site Survey (Sheets 1 to 3) dated September 28, 2009 by Fullerton Engineering Consultants EXHIBIT D Site Plan (Sheets C -1 and C -2) dated November 13, 2009 by Fullerton Engineering Consultants EXHIBIT E Tower Elevation (Sheet C -3) and Antenna Details (Sheet C -4) dated November 13, 2009 by Fullerton Engineering Consultants EXHIBIT F Equipment Cabinet and Platform Details (Sheet C -5) dated November 13, 2009 by Fullerton Engineering Consultants EXHIBIT G Fence Details (Sheet C -6) dated November 13, 2009 by Fullerton Engineering Consultants EXHI 31 T H Letter dated October 12, 2009 from Dale Ducommun, Buffalo Grove Park District, concerning landscape screening WHEREAS, the Corporate Authorities of the Village have determined that the proposed collocation of the Clearwire antenna on the existing tower and expansion of the ground —level fenced area to accommodate an equipment cabinet, in accordance with the exhibits hereto, is an appropriate modification of the existing telecommunications facility and will not have adverse impacts on the Busch Grove Community Park facilities or adjacent properties, and said additional antenna is consistent with the Village's policy to encourage collocation of communication antennas on towers. 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 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 the second amendment to Ordinance No. 2005 -10 to allow installation of the Clearwire antenna and equipment cabinet and expansion of the fenced area as depicted on the exhibits hereto, subject to the following conditions: 3 A. Prior to issuance of any permits by the Village for construction of the proposed Clearwire antenna and ground —level improvements, Clearwire shall provide documentation acceptable to the Village Engineer that all required approvals by agencies other than the Village concerning stormwater and wetlands management have been obtained. B. Landscape screening, as approved by the Village Forester, shall be provided outside of the new fenced area constructed for the Clearwire facility. Section 3. All other provisions and conditions set forth in Ordinance No. 2005 -10 and Ordinance No. 2005 -72 remain in full force and effect unless specifically modified by this Ordinance. Section 4. This Ordinance shall be in full force and effect upon submittal of the Acceptance and Agreement as set forth in Exhibit B of this Ordinance. This Ordinance shall not be codified. AYES: 5 -- Braiman, Glover, Trilling, Stone, Sussman NAYS: 0 -- None ABSENT: 1 -- Berman PASSED: December 14, 2009 APPROVED: December 14, 2009 ATTEST: Village Clerk APPROVED: / ELLIOTT H RTSTEIN, Village President 0 n EXHIBIT A Legal Description Busch Grove Community Park 801 McHenry Road 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 Community Park, 801 McHenry Road, Buffalo Grove, IL. PIN 15 -32- 213 -001 o 61 EXHIBIT B — Petitioner Acceptance and Agreement Busch Grove Community Park 801 McHenry Road Clearwire Corporation does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2009 -83 duly passed and approved by the Village of Buffalo Grove, IL modifying Ordinance No. 2005 -10 to allow installation of an antenna as set forth in the exhibits to Ord. No: 2009 -83. Clearwire Corporation acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -83, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. CLEARWIRE CORPORATION By: Y-. t �- --��.i Name (print): Title: �9ET.,ey- •a��,+5r _ P T- Mobile USA, Inc. does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2009 -83 duly passed and approved by the Village of Buffalo Grove, IL modifying Ordinance No. 2005 -10 to allow installation of an antenna as set forth in the exhibits to Ord. No. 2009 -83. T- Mobile USA, Inc. acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -83, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. T- MOBILE USA, INC. By: Name (print)- Title: Allan Tantillo Director, Tower Asset Management J The undersigned Owner of the Property acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -83. BUFFALO GROVE PARK DISTRICT By: Name (print): Location Map: Busch Grove Community Park - _ HOo NIN An� Existing Telecommunications Tower and Ground Equipment 40 0 160 320 80 80 240 Map prepared by the Divlaim of Flaming Seni=, 1218/3009 DEERFIELD PKWY 101 T601 106: Busch Grove CC) 1 FITNESS C CENTER D 91 Community Park 0 9 0 92 1000 9 0 —� 9 SQ�y Q 95 R E 9 CID 0 0o Existi �o Monop e ° Tower Existing (b equipment 1 :6 ��° shelter �� proposed Clearwire 740 %� Cabinet �3� 7� 1 721 30 � 2 720 720 710 711 710 00��� w 700 701 0 700 521 G 7E 690 691 0 690 531 I— � 680 671 o 0 2 680 541 U 481 7 r GOLF & SPORTS CENTER Y / s CLEARWIRE I- +' EQUIPMENT AREA f j Copyright ©2007 Pictometry International Corp.