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2022-12-05 - Ordinance 2022-126 - APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT APPROVED BY ORDINANCE NO. 2006-7 FOR 185 N. MILWAUKEE AVENUE ORDINANCE NO. 2022-126 AN ORDINANCE APPROVING AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT APPROVED BY ORDINANCE NO. 2006-7 FOR 185 N. MILWAUKEE AVENUE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Crown Castle USA, Inc. 185 N. Milwaukee Avenue WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, 185 N. Milwaukee Avenue, Buffalo Grove, IL("Property") is a .89-acre site located in the B3 Planned Business District and is currently improved with a True North/Shell gas station and convenience store and three communication towers,and is hereinafter legally described in Exhibit A; and, WHEREAS, Michael Gasser("Petitioner") has filed a petition on behalf of Crown Castle USA, Inc. and New Cingular Wireless PCA, LLC, to allow a 10-foot tower extension on an existing communication tower and installation of ground equipment at the base of the tower for AT&T colocation, and is requesting an amendment to the underlying Planned Unit Development granted by Ordinance No. 2006- 7; and, WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on November 16, 2022 concerning the petition for approval of the amendment to the underlying Planned Unit Development granted by Ordinance No. 2006-7; and, WHEREAS, the Planning & Zoning Commission made findings and determined that the petition meets the criteria for an eligible facilities request as defined by the Federal Communications Commission (FCC), as described in the minutes attached as Exhibit C; and, WHEREAS,the Planning&Zoning Commission voted 6 to 0 to unanimously recommend approval of the amendment to the underlying Planned Unit Development granted by Ordinance No. 2006-7; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed amendment to the underlying Planned Unit Development granted by Ordinance No. 2006-7 is a reasonable request and will serve the best interests of the Village. WHEREAS, the proposed development shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description of the Property EXHIBIT B Plan Set 2 EXHIBIT C Draft Minutes from the November 16, 2022, Planning & Zoning Commission Meeting 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 adopt a proper, valid, and binding ordinance approving the amendment to the underlying Planned Unit Development granted by Ordinance No. 2006- 7 for the Property at 185 N. Milwaukee Avenue, Buffalo Grove, IL, subject to the following conditions: A. The proposed tower extension and antenna colocation shall be constructed in substantial conformance with the plans attached as part of the petition. B. That Ordinance No. 2006-7 will remain in full force and effect except as specifically modified to allow the tower expansion, colocation of a new antenna array and installation of ground equipment within the existing enclosure. Section 3. This Ordinance shall be in full force and effect upon passage. This Ordinance shall not be codified. AYES: 5—Stein,Weidenfeld,Johnson,Smith, Pike NAYES: 0—None ABSENT: 1—Ottenheimer PASSED: December 5,2022 APPROVED: December 5,2022 APPROVED: Beverly Sussma , i age President ATTEST: ..� ����J����"'�� Jan� .�ira�i�xn,'V�1la�e Cl�r� ' ' �� ' '�';, - � . ..... t � 3 EXHIBIT A Le�al Description Crown Castle Tower 185 N. Milwaukee Avenue PIN: 15-35-402-135 LOTS 1,2, 3,5,AND 6 AND THE NORTH 12.36 FEET OF LOT 7 AND LOTS 16 AND 17 IN BLOCK 7 IN UNIT NO. 2 IN COLUMBIAN GARDENS, BEING A SUBDIVISION OF PART OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JULY 10, 1926 AS DOCUMENT NO. 282352, IN BOOK "P" OF PLATS, PAGE 92, TOGETHER WITH THAT PART OF THE VACATED ALLEY LYING EAST OF LOTS 1 THROUGH 7 AND WEST OF LOTS 16 AND 17 AND LYING NORTH OF THE EASTERLY PROLONGATION OF THE SOUTH LINE OF THE NORTH 12.36 FEET OF LOT 7 AS RECORDED ON JUNE 8, 2001 AS DOCUMENT 4705803 (EXCEPTING THEREFROM THAT PART TAKEN IN EMINENT DOMAIN CASES 92ED75 AND 92ED79), IN LAKE COUNTY, ILLINOIS. 4 EXHIBIT B Plan Set Crown Castle Tower 185 N. Milwaukee Avenue C R O W N 9045 River Rd, Phone: (317) 249-2028 Indianapolis,IN 46240 www.crowncasue.com ,�,,,,, CAST L E January i3,2022 IL-VILLAGE OF BLTFFALO GROVE 2oi3 Building&Zoning 5o RAUPP BOULEVARD BUFFALO GROVE,IL 60089 Via Electronic "*********NOTICE OF ELIGIBLE FACILTTIES REQUEST********** RE: Request for Minor Modification to Existing Wireless Facility—Section 6409 Site Address: i85 N MILWAUKEE AVE,Buffalo Grove,IL 60089 Crown Site Number: 875563/Crown Site Name:CASALE(DANIELLO'S RE Customer Site Number:IL19�4/Application Number:537273 Dear Staff: On behalf of New Cingular Wireless PCS, LLC("AT&T Mobility"or"Applicant"), Crown Castle USA Inc. ("Crown Castle") is pleased to submit this request to modify the existing wireless facility noted abo��e through the collocation, replacement and/or removal of the Applicant's equipment as an eligible facilities request for a minor modification under Section 64091 and the rules of the Federal Communications Commission("FCC").2 Section 6409 mandates that state and local governments must approve any eligible facilities request for the modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. Under Section 6409, to toll the review period, if the reviewing authority determines that the application is incomplete, it must provide written notice to the applicant within 3o days, which clearly and specifically delineates all missing documents or information reasonably related to whether the request meets the federal requirements.3 Additionally, if a state or local government, fails to issue any approvals required for this request within 6o days, these approvals are deemed granted.The FCC has clarified that the 3o-day and 6o-day deadlines begins when an applicant: (i) takes the first step required under state or local law; and(2)submits information sufficient to inform the jurisdiction that this modification qualifies under the federal law4. IL - VILLAGE OF BUFFALO GROVE 2oi3 requires the electronic submission of applications for Special Use and Variance Application. Please allow this letter to confirm that, on January i3, 2022, Applicant submitted its electronic application through the appropriate forum. This letter supplements the electronic filing for purposes of starting the review period. Accordingly, the deadline for written notice of incomplete application is February i2,2o2z,and the deadline for issuance of approval is March i4,2022. 1 Middle Class Tax Relief and Job Creation Act of 2012,Pub.L.No. 112-96,§6409(2012) (codified at 47 U.S.C.§1455). z Accelerotion of Broad6and Deployment by Improving Wireless Facility Siting Policies,29 FCC Rcd. 12865 (2014) (codified at 47 CFR§1.6100);and Implementation of Stote&Local Governments'Obligotion to Approve Certain Wireless Facility Modification Requests Under Section 6409(a)of the Spectrum Act of 2012,WT Docket No. 19-250 Qune 10,2020). 'See 47 CFR§i.6ioo (c)(3). 4 See 202o Upgrade Order at paragraph i6. The foundation for a Wireless World Crow�iC�stle.cam C R O W N 9045 River Rd, Phone: (317) 249-2028 Indianapolis,IN 46240 w�wi.crowncastle.com `,,, CASTLE Section 6409 Substantial Change Checklist Towers Outside of the Public Right of Way The Federal Communications Commission has determined that a modification substantially changes the physical dimension of a wireless tower or base station under 47 U.S.C.§ 145�(a)if it meets one of six enumerated critcria under 47 C.F.R.§ 1.6100. Criteria for Towers Outside the Public Riahts af Wav YES/NO Does the modification increase the height of the tower by more than the greater of: NO (a) �o��o (b) or,the height of an additional antenna array plus separation of up ro 20 feet from the[op of' the nearest existing antenna? YES/NO Does the modification add an appurtenance to the body of the tower that would protrude from the NO edge of the tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance,whichever is greater? YESMO Does the modification involve the installation of more than the standard number of new equipment NO cabinets for the technology involved or add more than four new equipment cabinets? YES/NO Does the modification entail any excavation or deployment outside the curren[si[e by more than 30 NO feet in any direction,not including any access or utility easements? YES/NO Does the modiFcation defeat the conccalment elements of the eligible support structure? NO YESMO Does the modification violate conditions associated with the siting approval with the prior approval the N� tower or base station other than as specified in 47 C.F.R. § I.6100(c)(7)(i)—(iv)? If all questions in the above section are answered"NO,"then the modification does not constitute a substantial change to the existing tower under 47 C.F.R.§i.6ioo. The Foundation for a Wireless World CrownCastle.com Crown Castle USA, Inc. ("Crown Castle")on Behalf of New Cingular Wireless PCS("AT&T Mobility", "AT&T", or"Petitioner")appreciates the opportunity to provide this Written Narrative In Support of A Special Use Request(the "Narrative Statement")explaining why the requested Special Use is appropriate for the wireless communication facility(WCF). With the facts surrounding the request and a clear understanding of the federal definition of an "eligible facilities request"we strongly believe the Village of Buffalo Grove Building and Zoning Department(the "Village")will agree the request merits approval. With this Narrative Statement, Crown Castle will also provide information about how the subject application constitutes an "eligible facilities request" under applicable federal law and detail certain discussions with County staff regarding the subject application. Crown Castle owns and manages an existing monopole communication tower facility on a commercial parcel at 185 Milwaukee Avenue. This parcel is located in between Riverwalk Drive and Lake Cook Road near the center of a Planned Business Center District and is surrounded by 3 other wireless communication tower facilities. The facility is buffered from view of residential properties to the east by heavy foliage and remains primarily out of view. The tower facility was originally approved for installation by Lake County building permit in March 1998 and has remained at 100'tower height since construction with an antenna height up to 105'. In 2006 the Village of Buffalo Grove approved the location of the tower facility under Ordinance 2006-7. The ground equipment is enclosed by an opaque wooden fence with secure lock. The tower is capable and remains available for collocation in order to meet the communication demands of Buffalo Grove and surrounding communities. In order to address coverage and equipment requirements in its network, our customer AT&T Mobility ("AT&T") desires to collocate a new antenna array on the tower which will include a 10'tower extension brining the overall equipment height to 115'. Rather than erect a new monopole, we are proposing to only add to the existing pole. This seems like a better arrangement for all concerned in that it allows AT&T to achieve the elevation AT&T seeks without adding another vertical element to the neighborhood. The peculiar circumstances in connection with the land is that the tower facility was previously approved for construction and was built according to the aforementioned approval without limit to the tower height,setbacks, or any development standards. However,the approval was provided by Lake County and under the regulation of that governing body. Sometime after 1998,the Village of Buffalo Grove became the governing body for zoning and permit review. The Village of Buffalo Grove later approved Ordinance 2006-7 for the location and presumably the existing development standards and the Village has since continued to issue appropriate building permits as needed for the collocation of equipment. The proposed collocation in of itself would not require a hearing or petition at this time. However,since the proposed collocation by AT&T also requires a tower height extension it has been determined that a Special Use and variance review should be conducted by the Buffalo Grove Planning and Zoning Commission. The tower on the subject property can accommodate the AT&T antenna array with an increase of only 10'feet in height,would remain available for a third collocation without the need of building of an entirely new structure. This particular tower allows AT&T to address both coverage and equipment upgrade requirements and is the least obtrusive way in which the coverage can be filled. AT&T anticipates that once this minor tower extension has been completed, its ability to provide your constituents with better coverage and connectivity will be vastly improved. If there is anything that living through the COVID-19 pandemic has taught us, it is the importance of coverage and connectivity during these unprecedented times—where all of us are spending more time at home, students are learning from home, professionais are working from home, and first responders must be able to quickly obtain the information they need to help their neighbors in need. Crown Castle very much appreciates the opportunity to discuss the subject application with Village representatives on multiple occasions and welcomed the collaborative nature of those conversations. Among other things, Crown Castle and staff talked about how this modification request is an "eligible facilities request"subject to streamlined review under federal law, specifically Section 6409(a) of the Spectrum Act and the Federal Communications Commission's rules implementing that federal statute.l Section 6409(a) requires that the Village shall approve, and may not deny, "eligible facilities requests," like the modification proposed in the subject application, when they do not result in a "substantial change"to the physical dimensions of the existing structure. The intent behind this federal law is to promote deployment to help our country meet the ongoing technological revolution and connect our citizens with each other,with their schools,with theirjobs, and with life-saving technologies. With regard to tower height extensions, according to the FCC,a proposed modification does not constitute a "substantial change" if the modification would not increase the height of the tower by the greater of(a) 10%or(b)the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty(20)feet." The subject application falls into the second bucket of allowable tower height extensions under Section 6409(a)—AT&T proposes adding one additional antenna array on the tower with a separation of approximately three feet between the bottom of the new array and the top of the existing array. The separation of three-feet(measured from bottom of new array and top of existing array) is significant to note because, as the FCC clarified in its 5G Upgrade Order issued last June, "an increase in the height of the tower of up to twenty(20)feet between antennas, as measured from the top of an existing antenna to the bottom of a proposed new antenna on the top of a tower"does not constitute a "substantial change" under Section 6409(a). See FCC 5G Upgrade Order at para. 2. Because the proposed tower height increase is not a "substantial change"as defined by the FCC,the subject application constitutes an "eligible facilities request"that shall be approved by the Village pursuant to federal law. Crown Castle will now review the criteria set forth in Chapter 17.28.040 of the Village Code and demonstrate why the required variances are warranted in this case. 17.28.040,A.—Criteria for Special Use: 17.28.040(A) -Criteria 1.The special use and variance will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health,safety, morals, comfort, or general welfare; Petitioner's response to 17.28.040(A)-Criteria 1. Petitioner's request will serve the public at the location with an existing tower facility that has been twice reviewed, approved, and has served the public since 1998. Three additional wireless facilities have been approved for location within the immediate vicinity and remain to this day. In compliance with Chapter 17.34.040.G. of the Village Code, 1 Middle Class Tax Relief and Job Creation Act of 2012,Section 6409(a)of Pub.L.No.112-96,codified at 47 U.S.C.§1455�a)(2012)("Section 6409�a)");Acceleration of Broadband Deployment by Improving Wireless Facility Siting Policies,80 Fed.Reg.1238-01(Jan.8,2015)(the"FCC Infrestructure Order");Accelereting Wireless and Wireline Broadband Deployment by Removing Barriers to Infrestructure Investment,85 Fed. Reg.45126(luly 27,2020) ("FCC SG Upgrade Order"). The FCC Infrastructure Order and the FCC 5G Upgrade Order are hereinafter referred to collectively as the"FCC Orders." Petitioner is now attempting to make the facility available including variations to collocate additional personal wireless service facilities on the free-standing tower since the collocation is feasible and in lieu of constructing a new free-standing tower facility within the same community. Upon approval of the petition,the Village will be assisting Petitioner in meeting this ordinance requirement. 17.28.040(A)-Criteria 2. The location and size of the special use/variance,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; Petitioner's response to 17.28.040(A)-Criteria 2: Petitioner's request is to place the second carrier's equipment within the existing compound facility and add the tower equipment on the existing tower facility. The street access, adequate off-street parking, and secured facility fence have been in place for 24 years, maintained and kept free of debris. While the second carrier will increase the communications infrastructure,the intensity of operating the facility will remain primarily unoccupied, requiring only occasional inspections. 17.28.040(A)-Criteria 3.The special use and variance will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; Petitioner's response to 17.28.040(A)-Criteria 3: As previously stated,the existing facility has twice previously gained approval for the use. The proposed collocation will allow the facility to remain essentially out of sight while enhancing connectivity for the community. 17.28.040(A) -Criteria 4.The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Petitioner's response to 17.28.040(A)-Criteria 4: As previously stated,the equipment will be placed within the existing fenced compound and on the existing tower facility. The proposed upgrades to the tower facility will likely encourage development by increasing connectivity and avoiding the construction of new tower facilities. 17.28.040(A)-Criteria 5. Adequate utilities, access roads,drainage, and/or other necessary facilities have been or will be provided; Petitioner's response to 17.28.040(A)-Criteria 5: The utilities, access road, and proper drainage are on site and will be properly maintained. 17.28.040(A)-Criteria 6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses,and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. Petitioner's response to 17.28.040(A)-Criteria 6: As stated above,adequate off-street parking, and secured facility fence and substantial screening are in place on site. Since this an unstaffed facility requiring only occasional visits for inspection the facility has adequate off-street parking area. 17.28.040, B.—Criteria for Special Use:The special use and variance shall in all other respects conform to the applicable regulations of the zoning district in which it is located, except as such regulations may be varied. Notwithstanding the foregoing, business planned unit developments shall conform with Section 17.44.040(D)unless varied. Petitioner's response to 17.28.040, B: The existing and proposed facilities conforms to Section 17.44.040(D). 17.28.040,C.—Criteria for Special Use:The Planning and Zoning Commission may recommend and the Corporate Authorities may impose such conditions and restrictions upon the subject property,the location,the construction and design of buildings and use of the property benefited by such special use as may be necessary or appropriate to comply with the foregoing criteria. Petitioner's response to 17.28.040,C: Petitioner is open to discuss conditions that are compliant with the aforementioned Section 6409(a)and the FCC Infrastructure Orders. Given that the Application proposes an EFR as such term is defined in federal law,the Application is entitled to streamlined review pursuant to federal law. 17.28.040, D.—Criteria for Special Use: Notwithstanding Chapter 17.52,the Planning and Zoning Commission may recommend and the Corporate Authorities may vary the regulations of the zoning district in which the special use is located subject to meeting the criteria of Section 17.52.070(A)(1)—(3), except for planned unit developments which shall meet the general objectives of Section 17.28.050(A)(1)—(7). 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'. ,�� - �. � � Fs ((, � ��� �� .. ��Ytll4r' �+i�9; / ._.._ .. ..... �. ....._ @5���:.� �//�f/. ,_.... — �- _� I d f�'��C iC�"� q` . � ,1 �.�-�Y ��r=.� �m. • �. �, r <� �� ,� PK , , � �:� : F A ` 4 .i ���'�� ���s k,,n.-:� ', M� ' �� — � � � ��� � � � � � Ik II r�g�yt•. , � . •� � ��� � ,� ,{ �...���.- :���r:� ...... https://www.ccisites.com/uploads/US/870000-879999/875563/954508/photos/875563_954508_62465763.jpg?tsv=1641480574209 1/1 5 EXHIBIT C Minutes from the November 16.2022, Plannin�&Zonin�Commission Meetin� Crown Castle Tower 185 N. Milwaukee Avenue 11/16/2022 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, NOVEMBER 16, 2022 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearinqs/Items For Consideration 1. Consideration of an Amendment to the Preliminary Plan and Special Use Granted by Ordinance No. 95-26 and a Variation from Section 17.32 of the Zoning Code to Allow Accessory Structures on the Property to Exceed the 15-Foot Height Limit, All to Allow the Construction of an Amphitheater, a Covered Event Space, Support Structures for the Spray'N Play Facility, Expansion of the Spray 'N Play Facility and Relocation and Reconstruction of the Playground on the Property Located at 951 McHenry Road (Mike Rylko Park) (Trustee Johnson) (Staff Contact: Kelly Purvis) Ms. Pervis provided a background on the subject property at 951 McHenry Road, otherwise known as Mike Rylko Park. Mr. Maloney, Buffalo Grove Park District Superintendent of Development introduced the team of individuals who helped with the development project. Mr. Maloney went through the site plan, noting the different facilities that are part of the project including the amphitheater and accessory structures, increase walkability and safety, enhanced splash pad, more inclusive playground, revamped concession and ticket area. Mr. Howe spoke about the playground noting that it is currently past its useful life. The playground will be larger, more accessible, and a playground that will accommodate a larger age range. Mr. Maloney spoke about the esthetics and the materials they will be using for the amphitheater structure. They passed around the material. Com.Au asked about the materials. Who sees that material? Mr. Maloney said you can see it from the park and on the pathway. Com.Au asked if it is back lit. Mr. Maloney said no, but it lights up when there is light in the space. Com. Moodhe asked if they are fixing the walking path to accommodate traffic. Mr. Maloney said it will be made larger and redone to accommodate increased foot traffic. Com. Moodhe asked what size vehicle drive down the path to get to the park, specifically during Buffalo Grove Days. Mr. Maloney explained the dimensions of the path and what it can and cannot accommodate/ Com. Moodhe stated some of the larger vehicles they have during Buffalo Grove Days, may need more room. •sa�(p�ns�tauo��ow •�W •aa��wu.�o�s�(np 98 y.�in� 6ui��o�uaaq ana y�(a y��i pa�sn o��nsa�uos�ad��ny� •�a�oay�iydwQ pasodo�d ay�uny��a��o�snn���pi,os�(auo�aW •aW •a�n��n��s pasodo�d ay��o�y6iay ay��oy.�puo si�a�ua�ssau���ay���n�n�oy pa�so ouosa�uos�ad��ny� •uo�d ay��noqn smou�auo�(�ana aans a�nui o�sa��ua6a asoy�o���n��(sa�ano�n op�(�uin��a�un��(ay�pias aH •s�iva�ad�n�uo�siy uio�� pannaina��(ay�sun�d ay�pun un�d�uawa6nuow�a�on��u�o�s ay�passn�s�p��su�wn� •�W •soaan paq�n�s�p puo.�uawa6aunw�a�on��.u�o�s ay.��noqn pa�sa uayN •�.uo� •pa�sod uaaq pny sa���ou ay.�a�an�pauin�dxa pua ou p�as s�nand •sW ���alo�d ay�6uip�n6a����qnd ay�wo��s��o��(un a�am aaay��i��o�s pa�sn sp�ny��a •wo� ��uawdo�anap panadwi s�y� y�im 6ui�ndi�i�un a�n�(ay�6uiwwo�bo�d�noqn pa��n��(auo�nW •aW •�uau�do�anap n�au ay� y��nn si a6asn pa�adp��uo ay��nyM pa�sn sp�ay���/ •wo� •punos ay� y�iM d�ay o���an�sn pasodad a�n�ny�sa�n�na�6u��a6i�iu� ay��noq4 pa��o�aH •punos�o�auop spm�by�sis�(�nun ay��ano�uam�ay�iW •�W •��a�uo� n�o�s�punos�owaou ay��aym pa�so aH •s6u�pnaa punos ay�.�noqn pa�sa aypooW •uio� •a6ua��oy�baa ay�a�npo�uwo��a o� u6�sap n�au ay� y��m�(�iun��oddo pun a�nds�o �ua�d aq p�noys a�ay�pias�nq a6ua��ny�b98 ay�o�ui�a6�ou pip�(ay�pins�(auo�nW •aW •��od ay��Q a�o�d sa�n��ny�a6ua��ny�b88 ay�pa�ap�suo��(ay.���pa�sn aypooW •u.�o� •�aqwny�ay� o�ua�ods�ou p,oy�(ay�p�ns�(auo�nW •�W �un�d�iay�a�oa��o�aaqway�ay� y��nn pa��on��(ay��i pa�sn aypooW •wo� •�(�iun��oddo a�o�.0�o�mo��a�(nw.���nq '�ou p�noys��pins�(auo�nW ��W ��a��ow s,�aw�n�ay���a�o p�nonn�i��pa�sn aypooW •u.�o� •paau�tay.� woo�ay�anoy p�nom�(ay�6u��n�s 'a��iyan u.ro�a�iqow ay� o��noqn a�ods�(auo�nW •aW •y�od ay�o�sa6uny�aaow 6u��ow aao�(ay.��i pa�sa aypooW •uro� •s��uoy�aw pun u.�a�s�(s uo��na����ay�asnoy���M�ny�6uip�mq ay�pannoys an�oH •aW •aao�aq�ou a�am�(ay�aaayM 'SpDC�(�SD�C�S JO�F7aJ111baJ MOU aJD SJaMOI,�s 'LUOOJl�.�qC� ay��o��o apn�6dn pun 6u�p��nq ay�a.�nnoua��(��n�o�anny���nn�(ay.�p�ns�(auo�nW •�W ���a�o�d�oy��o sn�a�s ay.�si�nyM �6u�p��nq a�uoua�u�nua ay��noqa pa�sn aypooW •uao� •aao�aq uny��annaunu� o.�woo�a�ow an,oy�(ay�aa�Qay��yd�.un ay��o a�6un ay.�y��n��ny.�p�as�(auo�nW ��w •pMo��ay��o�woo�y6noua s�aaay���pa�sn aypooW �wo� •�ixa un�no�(aaaynn s��(,om y�nd ay�p�ns�(auo�nW �aW �un�d�ixa uo s�aaa y���pa�sn a ypooW �uro� ZZOZ/9I/I I 1 1/16/2022 Com. Moodhe said they have talked with the committee. Com. Moodhe expressed his concerns over the project and the sound but is excited for the new development. Chairperson Cesario asked about staff about condition number 4 within the agenda packet. Ms. Purvis said the PZC can modify to give flexibility. Chairperson Cesario provided the added language to be added to the motion. Chairperson Cesario entered the staff report as exhibit 1 Chairperson Cesario entered the Park District presentation as exhibit2 The Public Hearing closed at 8:24 PM Com. Khan made a motion to recommend approval to the Village Boarding for the approval of an amendment to the Preliminary Plan and Special Use granted by Ordinance No. 95-26 and a Variation from Section 17.32 of the Zoning Code to allow accessory structures on the property to exceed the 15 foot height limit, all to accommodate the construction of a new amphitheater, covered event space, expanded Spray 'N Play facility and new playground at 951 McHenry Road,subject to the following conditions: 1. The proposed park improvements shall be constructed in substantial conformance with the plans attached as part of the petition. 2. The Final Engineering plans shall be submitted in a manner acceptable to the Village. 3. A portion of the ADA parking stalls shall be relocated near the accessible route to the event shelter. Plans should be revised as part of the Final Engineering review. 4. Speakers mounted to the amphitheater structure will be limited as indicated in the noise study, to a height not to exceed 15 feet above the lowest seating area or+697 feet or such other height as administratively determined by the Village and Park District Staff. 5. Noise levels for events will be kept within the 97 d8A Leq limitation at a position of 70 feetin front of the stage and all shows will use a real-time sound level monitor as recommended by the noise study. 6. Any directional or incidental signage added to rhe site shall be reviewed adminisrratively by staff. Com. Moodhe seconded. Chairperson Cesario spoke in favor of the motion. Com. Davis spoke in favor of the motion. 11/16/2022 Com. Moodhe spoke in favor of the motion. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] AYES: Moodhe, Cesario, Khan, Au, Richards, Davis ABSENT: Marc Spunt, Mitchell Weinstein, Neil Worlikar 2. Consideration of a Petition to the Village of Buffalo Grove for Approval of an Amendment to the Underlying Planned Unit Development Approved by Ordinance No. 2006-7 to Allow a 10-Foot Extension of the Existing Communications Tower, Colocation of an Antenna Array and the Installation of Additional Ground Equipment at the Base of the Tower Within the Existing Enclosure at 185 N. Milwaukee Avenue. (Trustee Pike) (Staff Contact: Kelly Purvis) Ms. Pervis provided background on the proposed changes. Mr. Camillucci provided additional detail regarding the application for the collocation. Mr. Gasser briefly explained the leasing agreement of crown castle to carriers. He also explained the maintenance and management of the facility that occurs. Mr. Gasser address the federal standards that are held.AT&T asked for the minimum high and are only asking for a 3 foot difference. Com. Richards asked for clarification on the height. Mr. Gasser said its 100 ft plus 5 ft for the antennas. Com. Richards asked if we are at max height. Mr. Gasser said it depends on a lot of things. They would make changes to the structure to ensure it is structurally sound. Com. Richard soid that as it stands now, it will hold. Mr. Gasser said this structure as analyzed with the additional loading is passing and is at 90 percent. Com. Khan asked who determines the maximum height of the tower Mr. Gassersaid that the height would depend on what a community would allow and the structural inregrity of the tower. They must submit to the federal government for approval. Com. Khan asked staff if there are height restrictions in the code. Ms. Pervis said yes and reviewed what our limitations we as a village. Patrick Brankin, Village Attorney, provided further detail regarding the federal regulations. Com. Khan asked which carriers are currently on the tower. Mr. Gaaser said he believes it is T-Mobile.And AT&T is the proposed addition. Com. Moodhe asked if they were adding to both towers. Mr. Gasser said no,just the one. Chairperson Cesario reference page 82 and asked if they could confirm the criteria. Mr. Gasser confirmed the criteria listed on page 82 of the Villages staff report. Chairperson Cesario entered the Villages staff report as exhibit 1. 11/16/2022 Mr. Gasser thanked the commission for their time. The public hearing closed at 8:53 PM. Com. Khan made a motion to recommend approval of an amendment to the underlying Planned Unit Development approved by Ordinance No.2006-7 to allow a 10 foot extension to the communications tower for colocation of an AT&T antenna array on the tower and installation of ground equipment at the base of the tower within the existing enclosure on the property located at I85 N. Milwaukee Avenue, subject to the following conditions: 1. The proposed tower extension and antenna colocation shall be constructed in substantial conformance with the plans attached as part of the petition. 2. That Ordinance No. 2006-7 will remain in full force and effect except as specifically modified to allow the tower expansion, collocation of a new antenna array and installation of ground equipment within the existing enclosure. Com. Richards seconded the motion Com. Moodhe spoke in favor of the motion. Chairperson Cesario spoke in favor of the motion. RESULT: RECOMMENDATION TO APPROVE[UNANIMOUS] AYES: Moodhe, Cesario, Khan, Au, Richards, Davis ABSENT: Marc Spunt, Mitchell Weinstein, Neil Worlikar Reqular Meetinq Other Matters for Discussion Approval of Minutes 1. Planning and Zoning Commission -Regular Meeting - Nov 2, 2022 7:30 PM RESULT: ACCEPTED[UNANIMOUS] AYES: Moodhe, Cesario, Khan, Au, Richards, Davis ABSENT: Marc Spunt, Mitchell Weinstein, Neil Worlikar Chairman's Report Chairperson Cesario spoke briefly about the Village's FY 2023 proposed budget. Committee and Liaison Reports None Staff ReportJFuture Aqenda Schedule Ms. Purvis provided information on upcoming agenda items for the PZC. Public Comments and Questions 11/16/2022 Adiournment The meeting was adjourned at 8:58 PM Action Items Kelly Purvis APPROVED BY ME THIS 16th DAY OF November , 2022