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2021-04-19 - Ordinance 2021-017 - APPROVING AN AMENDEMENT TO A SPECIAL USE ORDINANCE AND ZONING CODE VARIATIONS FOR HEIGHT AND ENCROACHMENT INTO A SETBACK FOR AN EXTENSION OF A COMMUNICATION ANTENNA TOWER AT 1700 ESTONIAN LANE
ORDINANCE NO. 2021-17 AN ORDINANCE APPROVING AN AMENDEMENT TO A SPECIAL USE ORDINANCE AND ZONING CODE VARIATIONS FOR HEIGHT AND ENCROACHMENT INTO A SETBACK FOR AN EXTENSION OF A COMMUNICATION ANTENNA TOWER AT 1700 ESTONIAN LANE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 1700 Estonian Lane Communication Antenna WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Property located at 1700 Estonian Lane (hereinafter referred to as the "Property") is improved with an existing communication antenna, approved by Ordinance 2000-66 and amended by Ordinance 2010-52; and, WHEREAS, Crown Castle USA Inc. (hereinafter referred to as the "Petitioner") is seeking to extend the existing communication antenna; and, WHEREAS, the communication antenna requires both an amendment to special use ordinance 2000-66 and variation ordinance 2010-52 for height and encroachment into a setback, WHEREAS, the Petitioner has filed a petition requesting the special use and variation pursuant to the following exhibits: EXHIBIT A Plan Set EXHIBIT B Minutes from the April 7, 2021 Planning & Zoning Commission Meeting WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on April 7, 2021 concerning the petition; and, WHEREAS, the Planning & Zoning Commission made a finding and determined that the testimony and exhibits presented by the Petitioner at the public hearing demonstrated support for the special use and requested variations of the Zoning Ordinance, as represented in the minutes attached as Exhibit "B"; and, WHEREAS, the Planning & Zoning Commission unanimously recommended 7-0 approval of the amendment to the Special Use Ordinance and variations to the Zoning Ordinance; and, WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have determined that the amendment to the Special Use Ordinance and variation to the Zoning Ordinance as set forth in the exhibits hereto will allow appropriate development of the Property and will be compatible with adjacent properties. 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 incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving the development for the Property including variations to Section 17.44 of the Buffalo Grove Zoning Code to allow for communication antenna tower extension by 10 feet in height and to encroach into the north property setback by 22 feet for a Public Utility Facility provided; 1) The special use is granted to the Petitioner and said special use does not run with the land. 2) The special use granted may be assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petition seeking assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may approve the assignment administratively, or may refer it to the Planning & Zoning Commission and/or the Village Board for a public hearing. ii. Such assignment shall be valid only upon the written approval of the Village of Buffalo Grove granting said assignment, which may be granted or denied for any reason. 3) The communication antenna tower extension shall be installed in accordance with the documents and plans submitted as part of this petition. 4) All other conditions associated with the special use Ordinance 2000-66, as amended by Ordinance 2010-52 for a Public Utility Facility shall remain in full force and effect, unless modified by this petition. Section 3. This Ordinance shall be in full force and effect. This Ordinance shall not be codified. AYES: 5 — Stein. Ottenheimer, Weidenfeld, Johnson Pike NAYES: 0 — None ABSENT: 1— Smith PASSED: April 19, 2021 APPROVED: April 19, 2021 APPROVED: Beverly Sussman ge President ATTEST: Janet irabian, Village Clerk EXHIBIT A Plan Set r ffi : icy i mau"WIMMON EL 0 rn SHO 000? LP b0 :01 LO AGN and 6AP' PVEOBA\VEOG\s000B\ :9 gig 3QZ W jib � ad Iid a gg Io r a i et N uj go S_ €Doge I I ------------------- --- r, a - �Fd I i u � I 0 � 2 i m a �rY aYaK � Old �D r rrr rM iMl Ira rro r�� o an ry '�Irl r c�sr.. uimle� m� � nt ra . s.m r.r.r .. LAW I14p E y E � a e �S � z _ 1 6I qO y 1ig Jill � h � � F "�ro . 4. . W, T-1 14. E 1111n �, Is - e : g� .ca � H l V) ! OD g Wm 2 Anil I Z J J W g �5 ; Z O� Z � SZ U) W c O O w ,. J a- mrn P oil (Dto ovza cc ZJCcCo) x .. . r_0 Of V... P .. Q N ...� �o W W a� t W � Z b s O W Z U W o € © b$� i mill 'z Jim_$ ell tC i $y EL a•IOar {f's ■ aaaa aaa a aw dal iLL aK awo waver b sl Ir aalau M we�oY •aroma o2foom O In as N soap I101aaaalw x W ®� a �i a C CQCD W SZ 82 m \'41P 800=s to Q 8� IS �wr xau o mis owo a error wwa wa ra wwo awvnwo ro a� rr arw n +a�oioi a owom wyansm � a wa w ®rm swell x a N x2gi 5� a ill _R3 a. W j 0 �v M m•s � o U E s mq�Y1 o == =�ra=1 � �•L"C � Z r nor Rabe � vas �o a v� iw u�a w� ro a�rem �n an rr sri irr @I PLA ems, Xa ■ a � M =n -A r N mmh ■ Yi�m � O 0 LETTER OF INTENT BY AT&T MOBILITY I am an adult resident of the State of Illinois and serve as Sr. Real Estate Manager and Construction Manager — IL/WI for AT&T Mobility ("AT&T") 2. I manage AT&T's new site build out and antenna site leases in the State of Illinois that accommodate AT&T's communications equipment to either improve or maintain wireless coverage. 3. I am familiar with the proposed tower extension to be constructed at 1700 Estonian Lane, Buffalo Grove, IL 60089 (site number IL 1920). 4. The existing coverage near 1700 Estonian Lane is not adequate for customer needs and does not service FirstNet for Frist Responders. Coverage is poor in this area because AT&T does not have a facility near this location. See page 2 of the propagation maps for a visual. Note that all six AT&T sites surrounding IL1920 are too far away to provide adequate coverage to the area in need. 5. There is an existing tower facility owned by Crown Castle at 1700 Estonian Lane. This facility is a 100' foot monopole tower with two existing carriers currently on the tower. One carrier is at the top of the tower at 100' feet. The other carrier is at the 88' foot level of the tower. AT&T does not currently have an antenna installation on this tower. 6. It is not feasible for AT&T to install beneath the existing carriers due to the nearby tree line and how this proposed facility is situated within AT&T's existing network. Therefore, the tower needs to be extended 10' additional feet for this tower to be useful for AT&T's coverage goals. Additionally, AT&T will need to install equipment on the ground within the existing fenced compound. The existing compound is of sufficient size and will not need to be expanded to accommodate our ground equipment needs. 7. This proposed AT&T installation will not create interference for existing communications transmissions nor disrupt or interfere with police, fire and public safety communications. 8. AT&T needs a height of 110' feet in this immediate area. AT&T is seeking to extend the existing tower by 10 feet as a means to obtain that required overall height of 110' feet without the need to build a new cellular tower. If this project is not approved, AT&T will have no choice but to pursue a new tower build in order to obtain the required height of 110' feet. By: ,4m*m /, 7&mew Andrew T. Flowers Sr. Real Estate Manager & Construction Manager, IL/WI EXHIBIT B — Plan Set Minutes from the April 7, 2021 Planning & Zoning Commission Meeting 04/7/2021 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, APRIL 7, 2021 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Open Meetings Act Compliance Pursuant to orders issued in response to the COVID-19 pandemic, this Public Hearing is closed to in -person, public attendance. The hearing is being held via Zoom web conference meeting, which permits the public to fully participate in the virtual Public Hearing via Zoom on a computer, tablet or phone. Details on how to access and participate in this online virtual hearing are available below. More information pertaining to the meeting information and links to the virtual meeting can be found at: <https.IlusO2web.zoom. us/i/82722018540> Please click the link below to join the webinar: <https://us02web.zoom. us/i/82722018540> Or iPhone one -tap: US: +13126266799„ 82722018540# or +13017158592„ 82722018540# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1312 626 6799 or +1301 715 8592 or +1929 436 2866 or +1253 215 8782 or +1346 248 7799 or +1669 900 6833 Webinar ID: 827 22018540 International numbers available:<https://us02web.zoom.us/u/kcHsjeUOzj> The Planning and Zoning Commission recording secretary called the roll. In Attendance was Chairperson Cesario, Com. Weinstein, Com. Goldspiel, Com. Moodhe, Com. Au, Com. Richards, and Com. Spunt. Absent were Com. Khan and Cam. Worlikar. Public Hearings/items For Consideration Consider Variations from the Sign Code to Allow for Three Wall Signs at 745 S Buffalo Grove Rd. (Trustee Johnson) (Staff Contact: Nicole Woods) Village Planner Akash provided background on the proposed variations to the Villages Sign Code for the Ace Hardware store at 745 S. Buffalo Grove Road. Mr. Sheahen, owner of the Ace Hardware, provided additional background on the signage he is requesting. Com. Moodhe asked for clarification on the variations. 04/7/2021 Village Planner Akash provided clarification on the variations and the calculations used for the signage. Com. Moodhe asked if the rental and backyard BBQ sign would be lighted. Village Planner Akash replied that they would not be. Com. Goldspiel asked about the visibility of the ground sign expressing concerns that it is blocked by the other tenant signs. Chairperson Cesario asked the petitioner if he intends to change the structure of the ground sign. Mr. Sheahen replied that he does not intend to change the structure of the ground sign. Chairperson Cesario referenced packet page 12 and confirmed with the petitioner about the changes to the fagade of the building. Mr. Sheahen explained that his is renovating the outside with like materials to match the rest of the building and going away with the triangle front. Com. Weinstein commented on the ground sign on packet page 12. Com. Weinstein expressed that he agrees the Ace sign should be larger on a building of that size, and thinks the additional signage is not aggressive. Com Weinstein asked the petitioner what the additional signage accomplishes. Mr. Sheahen explained the additional signage highlights the unique goods and services they offer. Com. Au asked the petitioner if his other stares have the additional signage. Mr. Sheahen replied that he does at the Highland Park store and will soon have the additional signs on Palatine store in the fall as it is approved. Com. Spunt asked if the inside was also going to be remodeled. Mr. Sheahen replied that it has been rearranged and has had some cosmetic changes. Village staff report was entered as exhibit one. Mr. Sheahen thanked the Commission for their time and consideration. Public hearing was closed at 7.55 PM. Com Weinstein made a motion to recommend approval for variations to Section 14.16 of the Buffalo Grove Sign Code to allow for the main sign to exceed the permissible length of the wall sign by 10' and the permissible area of wall sign by 152 square feet; and to allow for two secondary signs on the west building fagade of the Ace Hardware building shall be installed in accordance with the documents and plans submitted as part of this petition. Com. Richards seconded the motion. Chairperson Cesario spoke in favor of the petition. Com. Moodhe spoke in favor of the petition. 04/7/2021 RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Weinstein, Au, Richards ABSENT: Zill Khan, Neil Worlikar 2. Consider an Amendment to a Special Use Ordinance and Zoning Code Variations for Height and Encroachment into a Setback for an Extension of a Communication Antenna Tower at 1700 Estonian Lane. (Trustee Weidenfeld) (Staff Contact: Nicole Woods) Village Planner Akash provided background on the Special Use amendment for a Communication Antenna Tower in the B4 Business District at 1700 Estonian. Mr. Gasser, representative of Crown Castle, provided background a on the petition and AT&T's desire to collocate on their existing tower. Crown Castle sees it as a great opportunity instead of building a new tower. Ms. Lewandowski, Council with Crown Castle, mentioned that the location of the tower is in a wooded area. Ms. Lewandowski reference packet page 18 and clarified the roles listed in the conditions. Attorney Stanford explained the purpose of those conditions. Mr. Gasser noted that he understood the conditions. Com. Weinstein asked for clarification on who the petitioner is. Mr. Gasser replied that AT&T is the petitioner and Crown Castle is the service entity and representing AT&T. Com. Weinstein asked Mr, Stanford for additional explanation. Mr. Stanford provided clarifications. Com. Weinstein asked why the third tower cannot be below the two existing antennas. Mr. Flowers, Sr. Real Estate Manager and Construction Manager for AT&T Mobility, replied that the third antenna could not be placed below because of the tree line. Com. Weinstein asked how tall these towers can go. Mr. Flowers replied that out in the country they are as high as 350 feet. He explained in urban areas, towers need to closer together due to the cellphone usage and that typical height is around 100 feet. Com. Weinstein asked about FCC guidelines as it pertains to the height of the tower. Mr. Flowers responded to Commissioner Weinstein about the FCC guidelines. Mr. Stanford ask the Commission to move on for the FCC conversation as it is not necessary since the petitioner already has approval from that entity. Chairperson Cesorio concurred with Village Council. Com. Moodhe asked staff about the present variations on the property Village Planner Akash replied that the new variation is required because of the extension. Com. Richards asked if there is a maximum height this structure could be and support. 04/7/2021 Village Planner Akash replied with the specifications within the Village Code noting the contingencies within the setback based on the height of the pole and its proximity to residential areas. Mr. Gasser replied that each time a structure is modified an analysis of the towers is done for many reasons included structural integrity. Com. Goldspiel asked about the structural analysis and the wind the tower can withstand. Mr. Gasser replied he is not an engineer, but commented that they are designed to withstand a great deal of force from nature. They built in the same manner as bridges. Mr. Flowers replied that he oversees all the engineering reports for these poles and discussed the sway factor of the towers. Chairperson Cesario confirmed with the petitioners that the width of the tower would not change, only the height. Mr. Gasser replied yes. Com. Spunt asked if there would be any noticeable noise. Mr. Gasser replied there should be no additional noise past the property line. Chairperson Cesario entered the Staff Report as exhibit one. The petitioners thanked the Commission for their time. The Public Hearing was closed at 8:42 PM Com. Weinstein made a motion to recommend approval for variations to section 17.44 of the Buffalo Grove Zoning Code to allow for communication antenna tower extension by 10 feet in height and to encroach into the north property setback by 22 feet for a Public Utility Facility provided; the special use is granted to the petitioner and said special use does not run with the land, the special use granted may be assignable to subsequent petitioners seeking assignment of this special use as follows: Upon application of a petition seeking assignment of this special use, the Village of Buffalo Grove, in their sole discretion, may approve the assignment administratively, or may refer it to the Planning and Zoning Commission and/or the Village Board for a Public Hearing. Such assignment shall be valid only upon the written approval of the Village of Buffalo Grove granting said assignment, which may be granted or denied for any reason, and the communication antenna tower extension shall be installed in accordance with the documents and plans submitted as part of this petition, and all other conditions associated with the special use Ordinance 2000-66, as amended by Ordinance 2010-52 for a Public Utility Facility shall remain in full force and effect, unless modified by the petition. Com. Richards seconded the motion. Com. Moodhe spoke in favor of the motion. Chairperson Cesario spoke in favor of the motion. 04/7/2021 RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Weinstein, Au, Richards ABSENT: Zill Khan, Neil Worlikar Reqular Meeting Other Matters for Discussion Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Mar 3, 2021 7:30 PM RESULT: ACCEPTED [UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Goldspiel, Weinstein, Au, Richards ABSENT: Zill Khan, Neil Worlikar 2. Planning and Zoning Commission - Special Meeting - Mar 24, 2021 7:30 PM RESULT: AYES: ABSTAIN: ABSENT: ACCEPTED [5 TO 0] Moodhe, Spunt, Cesario, Goldspiel, Richards Mitchell Weinstein, Amy Au Zill Khan, Neil Worlikar Chairman's Report Chairperson Cesario thanked staff, members of the Commission and Council for the Commission training on March 24. None. Committee and Liaison Reports Staff Report/Future Agenda Schedule Deputy Director of Community Development thanked the Commissioners for their participation in the training and reminded the Commission to complete their online Open Meetings Act training. Public Comments and Questions There was no public comment. Chairperson Cesario made a motion to Adjourn. The recording secretary called the roll. The meeting was adjourned unanimously. Adiournment The meeting was adjourned at 9:00 PM Chris Stilling 04/7/2021 APPROVED BY ME THIS 7th DAY OF April , 2021