2022-11-16 - Planning and Zoning Commission - Agenda Packet m' Meetingof the Villa a of Buffalo Grove Fifty Blvd
g Buffalob u Grprove, IL 60089-2100
L u' Planning and Zoning Commission Phone:847-459-2500
Regular Meeting
November 16, 2022 at 7:30 PM
I. Call to Order
II. Public Hearings/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)
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)
III. Regular Meeting
A. Other Matters for Discussion
B. Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Nov 2, 2022 7:30 PM
C. Chairman's Report
D. Committee and Liaison Reports
E. Staff Report/Future Agenda Schedule
F. Public Comments and Questions
IV. Adjournment
The Planning and Zoning Commission will make every effort to accommodate all items on the
agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of
matters to another meeting should the discussion run past 10:30 p.m.
V. Action Items
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or
participate in this meeting or have questions about the accessibility of the meeting or facilities,
contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable
accommodations for those persons.
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Action Item : 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)
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Recommendation of Action
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Staff recommends approval, subject to the conditions in the attached staff report.
Tim Howe, Director of Parks and Planning for the Buffalo Grove Park District, is requesting 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 new accessory structures on the property to exceed the
15-foot height limit. The area of work for this project will be approximately 4.14-acres on the west
boundary of the park adjacent to McHenry Road between the fitness center and baseball fields and
would include the following improvements: construction of a new amphitheater with open lawn seating,
and a large, covered event space; renovation and expansion of the Spray 'N Play facility (including
construction of Spray'N Play support structures); relocation and reconstruction of the playground area.
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the requests. The PZC shall make a recommendation to the Village Board concerning the
requests.
ATTACHMENTS:
• Staff Report (PDF)
• Plan Set (PDF)
• Ordinance No. 95-26 (PDF)
Trustee Liaison Staff Contact
Johnson Kelly Purvis, Community Development
Wednesday, November 16,
2022
Updated: 11/10/2022 4:18 PM Pagel
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VILLAGE OF BUFFALO GROVE'
PLANNING tie ZONING COMMISSION
STAFF REPORT
MEETING DATE: November 16, 2022 c
SUBJECT PROPERTY LOCATION: 951 McHenry Road McHenry Road
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PETITIONER: Tim Howe, Director of Parks and Planning
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PREPARED BY: Kelly Purvis, Deputy Community Development Director
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REQUEST: The petitioner is seeking approval of an amendment to the
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Preliminary Plan and Special Use granted by Ordinance No. E
95-26 and a Variation from Section 17.32 of the Zoning Code
to allow accessory structures on the property to exceed the a
15-foot height limit, all to allow the construction of an a,
amphitheater, a covered event space, support structures for D
the Spray 'N Play facility, expansion of the Spray 'N Play ca
facility and relocation and reconstruction of the playground
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on the subject property.
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EXSITING LAND USE AND ZONING: The property is a 76.5-acre public park and is zoned RE,
Residential Estate District. a
COMPREHENSIVE PLAN: The Village of Buffalo Grove Comprehensive Plan calls for this
property to be a park/public open space. E
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BACKGROUND
In March of 1995, the Village n� - �' � ��°�,r� ^�` neerneidrkWy � � p` o
annexed the subjectproperty, �� 2
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zoned it RE District, approved a
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Special Use for a public park
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facility and the development plans „ � ��� � o
for the park (Ordinance No. 95- v
26). Plans for the Golf Learning
Center (Golf Dome) were
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approved by Ordinance 98-14 and
amended several times over the � '�,
years to allow the Golf Dome to 1 v co
remain in place year-round and for
an extended period of time, up
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through 2030 (Ordinance
Numbers: 2022-35, 2007-14, ., Q
2009-4, 2014-48).
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Mike Rylko Park is 76.5 acres and , y
is currently
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improved with a
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facility, playground, baseball diamonds, soccer field, tennis courts, basketball courts, a skate park,
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hockey rink, walking paths, the Buffalo Grove Fitness Center and a number of accessory buildings
(shade structures, restrooms, nature classroom, etc.).
Tim Howe, Director of Parks and Planning for the Buffalo Grove Park District, is requesting 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 new accessory structures on the property to exceed
the 15-foot height limit.The area of work for this project will be approximately 4.14-acres on the west
boundary of the park adjacent to McHenry Road between the fitness center and baseball fields and
would include the following improvements: construction of a new amphitheater with open lawn 0
seating, and a large, covered eventspace; renovation and expansion of the Spray 'N Play facility
(including construction of Spray 'N Play support structures); relocation and reconstruction of the
playground area.
At the August 15, 2022 Village Board meeting,the Park District presented an overview of the concept LO
plan. The Trustees were generally supportive of the development and referred the project to the c
Planning and Zoning Commission for further review.
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The following report provides a summary of the project. The petitioner has also provided, a narrative
statement describing the improvements and anticipated programing for the park.
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PROJECT DESCRIPTION y
The Park District envisions D
that the proposed
improvements to Mike ��� a
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Rylko Park will create as
permanent venue for ��% �'% ` 1
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community festivals (i.e., ., � " �1
Buffalo Grove Days),
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communit celebrations � '� ° '��'civic ,
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concertmeetand thelalter / " E
programming. The plaza a
will include a varietyof �
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seating options as well ash4
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shade structures that will d : .�� �, 0
encourage community use. � .
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Amphitheater: a
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The amphitheater will be constructed northwest of the existing baseball fields and will include an �?
amphitheater building, a covered stage, and a variety of seating areas.The amphitheater building will L
be 16 A feet tall, while the roofline will extend to up to 24 feet at its highest point. The stage and C
amphitheater building will be 6-7 feet lower in grade than the open lawn area.The seating area directly
in front of the stage will accommodate approximately 155 people. The lawn seating area is 38,535 c
square feet (.88-acres) and could potentially accommodate 3,000+ people. Parking for performers or
food trucks would be available directly behind the building. A festival plaza with picnic tables is also
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proposed between the Spray'N Play and the amphitheater building. E
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Event Space: Q
The proposed event space,just beyond the lawn seating area of the amphitheater is completely
covered and large enough to accommodate about 255 seats (32 eight-foot rectangular tables and
chairs).
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Covered Event Structure `n
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Spray'N Play:
Interior renovation of the existing Spray 'N Play building will provide fully accessible toilet rooms and
changing areas.The Spray'N Play splash pad will be expanded to almost twice its current capacity and M
will provide different types of accessible water features for a wider age range.A new shelter and ticket
office are also proposed. a
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Playground: D
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The existing playground will be demolished and a new playground for children of all ages and abilities
will be constructed to the north of the Spray'N Play facility. �a
PLANNING&ZONING ANALYSIS
Use:
Public parks are Special Uses in all residential districts.As previously noted,the site received approval a
for development as a public park in 1995. Significant changes to the park, including the addition of new M
buildings and accessory structures require an amendment to the Special Use. r-
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The 2009 Comprehensive Plan indicates that this site should remain a public park/open space. a
Setbacks and bulk requirements: c
The proposed amphitheater, covered event shelter, Spray 'N Play support structures, and playground
are all considered accessory structures, which are subordinate to and serve the principal use of the
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property as a public park. All of the proposed structures will be setback several hundred feet from the
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nearest property line and outside of any required setbacks for the property.The Code limits the height r-
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of accessorty structures to no more than 15 feet. The majority of the amphitheater building is 16 % �?
feet tall, however the roof structure will be 24 feet at its tallest point. The covered event space will L
have a roof height of 22 %feet at its tallest point, and the height of the fabric shade structure within C
the Spray 'N Play facility will be 17 % feet. A variation from section 17.32 of the Zoning Code, for the
height of the accessory structures, is required in order for the project to be constructed as proposed. c
Site Access& Traffic:
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The site is accessible from four full access drives: two on McHenry Rd., one on Deerfield Pkwy., and z
one on Buffalo Grove Rd. The Traffic Impact Study, conducted by KLOA and included in the plan set, U
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indicates that the number, location, and design of the access drives ensure a flexible access system Q
that distributes traffic on multiple roadways, reducing congestion and delays. There are no changes
proposed to the site access as part of this project.
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The Traffic Study indicates that additional traffic generated by the proposed amphitheater will not
have a significant impact on traffic conditions in the area and can be accommodated by the existing
roadway network. Traffic will be distributed over several multi-lane roadways with high carrying
capacities. During peak events, such as Buffalo Grove Days, KLOA recommends that the Park District
work closely with Buffalo Grove police and fire departments to coordinate a traffic management plan
and limit other activities at the park.
The Village's engineering department has reviewed the Traffic Impact Study and concurs with the
findings and conclusions. o
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Pedestrian Connectivity:
There are walking/biking paths throughout Mike Rylko Park that are connected to sidewalks on
Deerfield Parkway, Buffalo Grove Road and McHenry Road. In addition, the pedestrian bridge over
McHenry Road connects to the walking/bike path in the park. This pedestrian network allows easy LO
access to the park for residents in the surrounding neighborhoods. New asphalt paths constructed as c
part of the project will further provide pedestrians access to the new amenities proposed.
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Parking:
Mike Rylko Park is currently served by five parking fields providing a total of approximately 881 parking
spaces which should be adequate in accommodating the existing uses on the site, concerts, and non- a
peak events. For peak events, such as festivals and Buffalo Grove Days, additional parking should be y
provided within the grass fields (as is current practice) which can accommodate an additional 225 D
parking spaces.The Code requires 832 parking spaces various uses on the site 649 for thepark, `�
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82 for the fitness building, and 101 for the amphitheater). The site complies with these requirements �a
and no additional parking is required per the Zoning Code.
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Landscaping:
The Park District has submitted a landscape plan that proposes the addition of several deciduous a
shade, evergreen, and ornamental trees on the site.The existing site detention will also be renovated M
to provide new, natural pollinator habitats and create educational opportunities through signage and r-
community planting events. The Tree Preservation Plan and Landscape Plan have been reviewed and E
approved by the Village Forester. a
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Building Elevations/Site Design: c
The materials proposed for the new
amphitheater include concrete
masonry units, stone, glass block
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and resin panels to create a colorful „�
sound wave pattern along the back �i �?
side of the structure. The roof over � �
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the stage will consist of exposed �, � w ; �� r� Q-
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laminated wood beams and wood
paneling at the underside.
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Amphitheater Q
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The Spray 'N Play support structures
(ticket office and concessions
building) will be constructed from �i44�ifl5� If
two re ur osed steel storage
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containers clad in a combination of
prefinished metal and simulated
wood siding. The two structures will
appear as one cohesive structure
with a connected roof canopy. o
Example photos of clad containers
from SI Container Builds,who will be Ticketing and Concessions Buildings
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supplying the containers, have been
included in the plan set.
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Similar materials (laminated wood and prefinished metal) are proposed for the covered event space. c
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Numerous sustainable practices will be incorporated into the project including green infrastructure for
stormwater management, native planting areas, recycled and regionally sourced building materials,
solar site lighting, electric vehicle charging stations, etc.
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Lighting: y
The proposed lighting complies with the Village illumination standards of no more than .5 footcandles D
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at the property lines. Pole mounted LED lights will be used throughout the project area, and wallpack
lighting will be installed on the interior walls of the amphitheater structure surrounding the stage. �a
Noise Study:
The petitioner provided a noise study, which has been included in the plan set. Ambient noise levels
from surrounding traffic were measured at 74 dBA along McHenry Road near the residential a
properties.The nearest residences are approximately 600 feet from the future amphitheater location. M
As a "worst case" event, noise levels were also measured during Buffalo Grove Days (which is r-
anticipated to be the loudest event that would take place at the amphitheater). From a similar location, E
across McHenry Road near the closest residences, the noise levels were measured at 76 dBA. The a
measurements show that amplified events are very loud,but do not raise the dBA Leq level significantly
above that of typical road noise near the residential properties. c
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The noise study also indicated that the site will be graded such that the amphitheater stage area will
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be recessed into the earth,with the seating area in front of the stage 7 feet lower than the rear seating
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area. This will help reduce sound from stage sources. r-
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The noise study recommends a number of best practices that would help to reduce the sound levels c
heard at surrounding residential properties. Staff has recommended some of these measures as C
conditions of approval (please see the suggested PZC motion).
Stormwater&Engineering:
The Village's Engineers have reviewed the preliminary plans and have indicated that the minor changes
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that need to be made to the plans (related to removal of a water main) can be addressed during the E
final engineering process. U
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DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the preliminary engineering plans
and has minor concerns that can be addressed during final
engineering review.
Forestry The Village Forester has reviewed the tree preservation and
landscape plans and does not have any concerns.
Fire The Fire Department has reviewed the plans and does not have any
concerns. 0
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SURROUNDING PROPERTY OWNERS
Pursuant to Village Code, the surrounding property owners within 250 feet were notified and two U
public hearing signs were posted on the subject property. The posting of the public hearing signs and
the mailed notifications were completed within the prescribed timeframe as required. As of the date LO
of this Staff Report, the Village has not received any comments or questions related to the project. c
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STANDARDS d
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A. All special uses shall meet the following criteria:
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1. The special use will serve the public convenience at the location of the subject property; or E
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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; D
2. 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 a
relation to such special use, and the location of the site with respect to streets giving access
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to it shall be such that it will be in harmony with the appropriate, orderly development of td
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the district in which it is located;
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3. The special use will not be injurious to the use and enjoyment of other property in the
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immediate vicinity of the subject property for the purposes already permitted in such E
zoning district, nor substantially diminish and impair other property valuations with the E
neighborhood; a
4. The nature, location and size of the buildings or structures involved with the establishment o
of the special use will not impede, substantially hinder or discourage the development and c
use of adjacent land and buildings in accord with the zoning district within which they lie;
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5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or
will be provided; c
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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 c
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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.
B. The regulations of this title shall not be varied unless findings of fact are made based upon
evidence presented at the hearing that: E
1. The property in question cannot yield a reasonable return if permitted to be used only U
under the conditions allowed by the regulations of the zoning district in which it is located Q
except in the case of residential zoning districts;
2. The plight of the owner is due to unique circumstances;
3. The proposed variation(s) will not alter the essential character of the neighborhood.
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The petitioner's responses to each of the standards are attached for the Commission's review.
STAFF RECOMMENDATION
Staff recommends 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, subject to the conditions in the
Suggested PZC Motion below.
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ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the requests for 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 accommodate the
construction of a new amphitheater, covered event space, expanded Spray 'N Play facility and new LO
playground at 951 McHenry Road (Mike Rylko Park). The PZC shall make a recommendation to the c
Village Board concerning the requests.
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Suggested PZC Motion:
The PZC recommends 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 E
structures on the property to exceed the 15 foot height limit, all to accommodate the construction of a y
new amphitheater, covered event space, expanded Spray 'N Play facility and new playground at 951 D
McHenry Road, subject to the following conditions:
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1. The proposed park improvements shall be constructed in substantial conformance with the
plans attached as part of the petition. M
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2. The Final Engineering plans shall be submitted in a manner acceptable to the Village. a
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3. A portion of the ADA parking stalls shall be relocated near the accessible route to the event r-
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shelter. Plans should be revised as part of the Final Engineering review.
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4. Speakers mounted to the amphitheater structure will be limited as indicated in the noise study, -I.-
to a height not to exceed 15 feet above the lowest seating area or+697 feet. _
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5. Noise levels for events will be kept within the 97 deA Leq limitation at a position of 70 feet in
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front of the stage and all shows will use a real-time sound level monitor as recommended by
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the noise study. r_
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6. Any directional or incidental signage added to the site shall be reviewed administratively by L
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staff. Q-
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ATTACHMENTS c
Narrative Description & Response to Special Use Standards
Site Plan
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• Setback Exhibit E
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Preliminary Engineering Plans U
• Parking Exhibit Q
Tree Preservation Plan
• Landscape Plan
• Amphitheater Floor Plan
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Accessory Structure Elevations & Renderings
Example Photos of Container Buildings by SI Container Builds
• Photometric Plan
Noise Study
• Traffic Impact Study
• Response to Variation Standards
Ordinance No. 95-26 (to be amended)
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BUFFALO
GROVE
PAR
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DISTRET
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To: Village of Buffalo Grove Board of Trustees U
From: Ryan Risinger, Executive Director
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Tim Howe, Director of Parks and Planning °f
Michael Maloney, Superintendent of Development
Date: October 28, 2022 a=i
Re: Buffalo Grove Park District— Mike Rylko Community Park Revitalization Project
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Action Requested:
The Buffalo Grove Park District asks that the Village of Buffalo Grove Planning and Zoning Commission �a
accept our formal application and provide a referral to the Village Board of Trustees for final plan
approval and an amendment to the Special Use of Mike Rylko Community Park.
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Project Narrative: _
The Buffalo Grove Park District completed a comprehensive Master Plan back in 2017 and held a
several internal design charrettes in 2018 aimed at creating a road map to revitalize Mike Rylko
Community Park. We developed a Strategic Plan initiative that states "we aspire to adapt to new
lifestyles andpopu/ations ". As the population in the community continues to grow more diverse, we E
are adapting our programs and facilities to better fit the needs of our communities through the lens of 2
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diversity, equity, and inclusion. Mike Rylko Community Park is the area's preferred venue for public
gatherings because of its size, central location within the Village of Buffalo Grove, and accessibility for 0
the surrounding communities. The 76.5 acre park has a network of accessible walking and biking 0
paths that extend to outside communities and a large number of residents live within walking distance
of the park. There is vehicle parking available and walkable public transportation options for both bus N
and train. Breaking ground on this development will transform Mike Rylko Community Park into a o
lively, public destination that promotes and celebrates community, provides and supports local business v
opportunities, and showcases unique programming for the broader community to enjoy
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Within our submittal, we have included a detailed site plan, detailed landscape plan, tree a
preservation plan, photometric plan, and dimensioned elevations and perspective images of the c
proposed amphitheater structure and splash pad support structures. E
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The Mike Rylko Community Park Revitalization Project will provide a permanent venue for community a
festivals, such as Buffalo Grove Days, which is now co-hosted by the Village of Buffalo Grove and the
Buffalo Grove Park District. Our Uniquely US program, which focuses on celebrating the diversity in
our community, will be able to use the amphitheater to host celebrations, such as Pride,]uneteenth,
530 Bernard Drive * Buffalo Grove,Illinois 60089 * 347.850.2100 e bgparks.org I Packet Pg. 11
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Diwali, and the Lunar New Year. The new amphitheater will provide a safe, accessible, open space
for civic meetings, rallies, concerts, and theater programming, including sensory-friendly, ASL
interpreted and/or audio described performances. The plaza area will include a variety of seating
options, as well as shade structures that will encourage community use. Interpretive signage will be
rotated over time to highlight the various events/celebrations taking place at the community
amphitheater. Food trucks will be encouraged to participate at events and we will have the ability to 0
create a global food pavilion, in conjunction with the current Farmers Market that runs every Sunday
during the months of,June to October. Renovation of the existing splash pad facility will provide fully
accessible toilet rooms and changing areas. Expansion of the existing splash pad facility will provide
a variety of different types of accessible water features that appeal to a wider age group and almost
double the current occupancy of 180 people. Removal of the existing deteriorated playground LO
equipment/play surfacing, will allow us to build a new multigenerational, inclusive playground that
welcomes children of all ages and abilities to play, learn, and enjoy the outdoors. We will renovate
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the existing site detention to provide new natural, pollinator habitats and create educational E
opportunities through signage and community planting events. c
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The amphitheater will feature an approximate 1980 SF open air platform constructed out of poured-in-
place concrete, which will be much larger than the current stage that is rented for BG Days. The D
platform will be 2'-6" above finished grade and will include both ADA-compliant ramp access and
stairs. The approximate 2280 SF amphitheater support structure will feature a green room, toilet room a
facilities for performers, storage, staging area for when multiple bands play on a given night, and a
mechanical room. The facade of the support structure will consist of ground face concrete masonry M
units, stone, glass block, and resin panels to create a colorful sound wave pattern along the back side _C
of the structure. A steel truss system will be installed to accommodate the mounting of speakers, a
lighting, and banners. The roof over the stage will consist of exposed laminated wood beams and
wood paneling at the underside. The footcandle level for the site lighting and amphitheater stage will
not exceed .5 fc at the property lines. The design team is exploring the cost/benefit to installing solar
panel shingles on the topside of the roof and the alternative option would consist of a fully adhered a
membrane roof product. The seating area for the amphitheater will consist of a flat concrete section in o
front of the stage to accommodate approximately 154 folding chairs. The other tiered seating sections c
will consist of a combination of concrete seating wall and grass to accommodate approximately 3000
patrons and all concrete access paths will be ADA compliant. A rental structure will also be
constructed at the north end of the amphitheater, which will be ADA compliant and accommodate (32) �
8' long rectangular tables and chairs for an approximate seating capacity of 256 patrons. v
The splash pad expansion will include the renovation of the existing building to meet all required
Illinois Plumbing and IDPH Swimming Facility code requirements, due to the increased occupancy
count. There are no exterior modifications planned for the existing building and all renovations will be a
taking place within the interior. The filtration room for the recirculating system will be expanded to
accommodate the new spray features that will be added to the site. Toilet/Shower facilities will be
accessible within the fenced area of the splash pad for patrons and staff. Additional toilet rooms will
be provided for general public park use and these will only be accessible outside of the fenced area a
of the splash pad. Approximately 480 SF of new support structure will be constructed at the new
splash pad entrance to provide support functions for ticketing, observation, and limited concessions
sales of prepackaged items. The new ADA compliant support structure will be constructed on concrete
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foundations and we are proposing the use of two repurposed steel storage containers from a local
business, SI Container Builds in Buffalo Grove. The storage containers carry a 25 year warranty when
left exposed, but we are proposing to clad them with a combination of prefinished metal and
simulated wood siding to increase the life span of the structures. The interior will consist of painted
gypsum board walls/ceiling, FRP panels, plastic laminate casework, and a non-slip resilient flooring
product. By using the storage containers, we will not only support local business, but will reduce our 0
carbon footprint through a cost-efficient and low maintenance construction solution for these smaller
support structures. The two structures will appear as one cohesive structure by linking them with a roof
canopy and fabric shade structure in the rear to provide shade for a new rental area within the splash
pad footprint. The aesthetics of the support structure will complement the existing splash pad building,
as well as the new amphitheater and large event structure. During splash pad operating hours, there a'n,
will only be two staff using this structure at any given time and they will have access to the toilet room w
facilities within the existing building, similar to how staff currently operate at the splash pad.
E
The overall project will promote sustainable practices through the design and construction and we
have discussed incorporating permeable paving, photovoltaic panels to offset electricity usage, solar E
site lighting, electric vehicle charging stations, green infrastructure for storm water management, native
planting areas, water efficiency, recycled and regionally sourced building materials, and the use of D
carbon cure concrete where CO2 captured during cement production is injected into the concrete to
reduce the amount of cement needed and reduce the amount of CO2 emissions during production. a
Interpretive signage will be developed and installed throughout the park to educate the community
about the sustainable practices on display.
c
The special use will serve the public convenience at the location of the subject property; or the a
establishment, maintenance or operation of the special use will not be detrimental to or endanger the
public health, safety, morals, comfort, or general welfare;
• The proposed project will be built to Federal, State, and local codes. Inspections from the Fire
Marshal will occur regularly. a
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The location and size of the special use, the nature and intensity of the operation involved in or c
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; �
• The proposed project will be located within Mike Rylko Community Park located off of v
McHenry Rd. There is access to the site from the north at Deerfield Parkway and to the
west/south along McHenry Road. There is also access to the east end of the park along
Buffalo Grove Road.
a
The special use 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;
• The proposed project will compliment and encourage use of the other park amenities in the a
area.
530 Bernard Drive • Buffalo Grave,Illinois 60089 • 847.850.2100 • bgporks.org Packet Pg. 13
2.1.b
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;
• The proposed project has been carefully located to allow future development at Mike Rylko
Community Park between the proposed project and the Fitness Center.
O
Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be
provided;
• The proposed project will be built to Federal, State, and local codes and in accordance with
the Lake County Storm Water Management requirements.
LO
0)
Parking areas shall be of adequate size for the particular special use, which areas shall be properly w
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 E
and minimize traffic congestion in the public streets; c
• The existing entrance points to Mike Rylko Community Park have all the proper signage a
required for traffic. Parking stalls throughout the park are properly labeled for accessible
Parking. We have attached an aerial image of Mike Rylko Community Park, which includes D
the number of available parking stalls for each of the parking lot locations within the park.
There is a total of 881 parking stalls and we do not anticipate needing any additional parking a
to support the proposed project. If additional parking is required for a larger event, we have
the ability to add an additional 225 parking stalls in the open grass area to the south of the
Fitness Center parking lot. Mike Rylko Community Park has hosted large events in the past and _a
prior coordination with the Village, Police, and Fire Departments has created safe events with a
minimal traffic congestion or traffic hazards.
E
The Mike Rylko Community Park Revitalization Project would benefit the entire community, regardless of 2
race, ethnicity, age, gender, religion, disability, economic status, or other diverse backgrounds and a
has been widely supported by members of the community, local businesses, and local officials. Please o
feel free to reach out with any questions and thank you very much for your consideration.
.2
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Sincerely,
.N
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Michael R. Maloney, LEED AP BD+C, CPO a
Superintendent of Development
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530 Bernard Drive . Buffalo Grave,Illinois 60089 e 847.850.2100 . bgporks.org Packet Pg. 14
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TAk\SKE performed two noise surveys ztthe Mike Ky|ko park and neighboring� s Our D
report includes: CL
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* Results From August 8' typical (non-evenbsitenoise survey
* Results From 5eptemberJ"u BG Days survey �
° Interpretation ofroisccodc J3
CL
* Amphitheater design recommendations
* Expected results
Thc new amphithc�crsite is to be in the same general area of the park asthe currentBG Days —
stage |ocation,reoriented and at the opposite end of the fe|d With recommended measures �0
inp|zcefbrthenevvtaci|ityweznticipz1e .hat events simi|artoBG Days would have asimi|ar
impact on the ncarcstnuiQhborinX properties at mid frequencies, with |co bass energy. More
typical small events which generate lower sound levels would have less impact onthe
neighboring properties.
�
Packet Pg. 36
�
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page
lFA U A S KE �
AUGUST»rn2nzzawmENTNOISE SITE SURVEY
Our initial site visit occunedona typical Saturday with no scheduled event,to measure typical U
ambient noise along the property line of the Milke Rylko Park along McIdenry Road -the LO
neanestresidentia| adacencyto1hehu1uneAmphitheatcrSite (seemarkupbe|ow). A |onQterm �
calibrated measurement was taken at trees tothe north of the Mike Ry|ko Parkway between
Noon and | |pm—hours identiriedzs likely performance Limes. Spot measurements were
taken for 20 minute durations-to understand site noise at slightly different locations:
* Across the street (+6 dB) -~
` ' w
* 50' bzck from [he permanent measurement (8d0 D
* At the middle ofthe parking lot closer to the future Amphitheatre site (+4 dB)
CL
See markup of site below for locations used for rcrerencc: C
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Long duration measurements of site noise are provided below: �
2.1.b
Buffalo Grove Parks Department Amphitheater Project
26 September 2022
Page 3
O
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_11 110m1iu°nIl uVr II o(I II kwir Avan age II. E)at �
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I..he graph shows I minute dBA Leq measurerents, as well as the one hour average dBA Leq E
measurements (extending 30 minutes in the past.and 30 minutes in the future). dBA is a metric �
a
typically used in noise codes, and is a metric that defines full frequency sound in a single ,-
O
number. I his metric is more sensitive to mid and high frequency("treble") sound and C
discounts the contribution of low frequency(''bass") sound. As a rule of thumb, adding 10 dBA R
m
is roughly "twice as loud". _eq is the average sound level over an extended period of time.
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For this site noise was almost exclusively due to frequent traffic along McHenry Road,with low
ambient noise levels in moments when traffic: subsided completely. -ypical Leq levels were 68 iO
C
dBA,rising to a peak of 70 dBA at peak rush hour dipping down to 64 dBA at the end of the `d
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night. Note that the typical average of 68 dBA was maintained or exceeded through 8:50 PM.
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Packet Pg. 38
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page
lFA U A S KE �
sEPTEwBEn2 N°ooz AMPLIFIED PERFORMANCE SITE SURVEY
We visited the site during BG Days the annual re�ival hosted in the park, to understand noise U
firoma heavily amp|ired even[homa1empoory stage, especially at the propehY line along LO
McIdenry Road. I his visit allowed us to understand sound levels firom this event at the �
property line of the park as well as across the street to understand the current experience at
neighborin8nesidences. Thisa|soz||owedustoexperiencethe |oudesttypeofevenL
anticipatcdatthofuturcAmphithcztcr—ahcavi|yamp|ihcdrockcvcnt See below for photos
and amarkup of measurement |ocations, along with a table with measured d8A |cq sound `^
levels in several typical locations:
CL
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PID
Packet Pg. 39
�
2.1.b
Buffalo Grove Parks Department Amphitheater Project
26 September 2022
Page 5
O
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Across McHenry Road Back of Audience
Packet Pg. 40
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page
lFA U A S KE �
Note that measurement locations are at slightly different locations access the street the
measurement location on PG Days was selected where the performance on stage was most U
2
audible, selected. � ��
directly across the streethom the fixed location. Thesc representaive measurements are close wv
enough tobcuscFu| for comparative analysis. —
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These measurements show that amplified events are very |oud, but inthe current configuration
do not raise the dQA |cq |cvc| significantly above that or typical road noise on the sidewalk u^
�
across the street. Subjectively the sound was mainly audible at low--requencies (Kick Drum 0
Thumps''). or-when traffic subsided. See the graph below for the spectrum ofMaximum,
Minimum and ovemQe (|eo) ;ound pressure levels measured across the McHenry Road with
and without bands playing: Cn
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Packet Pg. 41
Buffalo Grove Parks Department Amphitheater Project
26 September 2022
Page 7
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As the graphs show the low frequency levels are I OdB I Higher with bands playing (a doubling 0
or loudness), but by pointing speakers away from the neighbors the mid and high frequency (D
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levels are not significantly impacted. I he minimum levels on a typical day are quite low,though C
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amplified events maintain a higher level of sound that is clearly audible between car passes.
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Packet Pg. 42
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page
lFA U A S KE �
INTERPRETATION OFNOISE CODE
We hzve �viewedthe Bu#a|o Grove Village ordinance (-e-trievedfrom U
ht1ps:0|ibrary.municodezom/i|/buMr-,i|o_8rove/codes/code_of`ondinancesonZ6September iO
�
70Z}) andfbundthreesectionsvvhichwou|dappearLoapp|ytonoise |eve| |imitshzreventsat �
the Park
Section 9.38.015-It is unlawful to make or cause to be made ary noise or sounds of such volume or ofsuch a nature
^,to cause annoyance u,a reasonable person of ordinary sensibilities. <
�
Section 9]8DlO-|tis unlawful m use or operate amunU-amplifyio8 device frnm |0J0pmto8:00am Sunday through
Thursday and from 12D1amto8:0Oamoo Friday,Saturday and oo holidays,mthat the device makes or causes u,bo '
made any noise or sounds of such volomc ornf such anature astn cause annoyance tox reasonable person of �z
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ordinary sco,ihmtio,. zn
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Section 5.08.075-No amusement activity shall use or-operate a sOUrid arnplification device so that the device produces J3
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distinctly and loudly audible sounds beyond the houndary of the property,parcel street or place from which sound
originates.
(From SD8D|O ^u"amusement activity^within the terms o[this section includes art festivals,coocciis.carnivals, �2
circuses,fairs,trade sh
ows,ow`. amusements,doamusements,hoxiouw ��d wrestling exhibitions,tr
aveling n andoo�»o�� d any other similar or CL
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related type of activity conductec for tl-ie furtherance of a bUsiness enterprise) �0
Fhe criteria defined in section 9 are subjective,except for time limits on the use of amplification
systems. We expect that-the criteria in Section 5 is the most applicable portion of code for
amplified performances. While technica| de6nihons are riot provided wein[erpetthisau 0
follows: `~
�
x We anticipate that reviewing sound levels with dBA is appropriate, as [his is the
conventional metric used 10 define noise levels in municipal noisecodes. CL
—
x The |imiLor "distinctly and loudly audible sounds"would not restrict activities which
anezudib|e. butthosewhichare |oud|yaudib|e. Areasonab|einterpreta1ionis--hztany
sound level from amplified activity o1adacentresidencescou|dbeas |oudasthe
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ambientnoise |eve|sfir-omothersources (especiaUytraffic). Fventsoundwmu|dnotbe -
"inaudible'' but would raise the total sound level by up to 3 d&A above existing
ambient.
Buffalo Grove Parks Department—Amohhheate Project
26 September 2O22
Page
lFA U A S KE �
x The |ocation ''beyondtheboundzryoftheproperty^wou|dbethesound |eve|s
measured at the opposite side of McHenry Road. U
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Astheambientsound |eve|svvere6d8hioheroniheoppo�hr �ideofLheroodascomparedto wv
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widhin the park this would restrict sound levels firom the new amphitheater eaclhing the
rcsidcnccsto74dQAovurmostof1huday. upto76dBAdurinQmshhourthcndovvnto70
dBA after 9:OO PM. Note that measured noise levels across the street, as measured during an
even[,would be Lip to 3 dBA above these levels.Again, [his is because the total noise level is o
combination ofcvrnt noise and non-cvcnt/trcfficnoisc. w
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VVea|soin1erpetthattheproectvvou|dbesubject1ospecia| authorizationper |728—speciz| CL
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uses, and thus further discussion may b:warranted. Please advise if any other portion ofthe zn
code we have not interpreted to be applicable would potentially apply to this project, or if any ~
further analysis is requested. Note that LALA6KE cannot provide legal advice. Council for the [�
Park District should confirm our interpretation of the applicable noise ordinances.
AMPHITHEATER DESIGN RECOMMENDATIONS :L
Fhe future amphitheater site is further firom McHenry 'Road with a stage —600' firom the M
nearest residences. While increased distance is benercial,the stage is oriented facing McHenry
Road, and as such careful consideration will be necessary to minimizethe sound which reaches
the opposite side ofMcHenryRoad.
The amphitheater is intended to be designed with astaQe and infrastructure only,with audio
(D
systems on an event bv+event basis as provided by pedbnners. We understand there will be ~v
variety of performance types school orchestra and bands, community theater-, dance, recitals, CL
—
and rock band performers simi|artoGG Days. VVeanticipate that most of these uses will be
significantly quieter than BG Days, and therefore provide recommenclahons for a performance
asor similar LoBG Days—a"worst case" event.
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page |O
lFA U A S KE �
I address site noise several measures are recommended to be incorporaed which will U
si8niricznt|y help reduce sound propagation tothe properity line:
x I lie site will be graded such that [lie stage area and near-by seating will be recessed wv
�
into the earth.with the seating area forward of[lie stage at+682'which is7' lower
than the rear of the seating area at 4 689'. 1 his helps reduce sound from stage sources
(such asdrumsandground-stacked subvvoo{ea).
x We recommend a 6' Lail berm beyond the seating area and lawn at the amphitheater, <
at +695' T his barrier is designed to reduce sound levels From the amphitheater by w
5dB+ fora person standing ontlc opposite side of McHenry Road.
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Seedravvingmarkupbe|ovvfbranticipatcd |oca1ionsofbermsaroundtheamphitheatersi1e: zn
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Buffalo Grove Parks Department—Amohhheate Project
26 September 2O22
Page I
lFA U A S KE �
For events whereaudio systems are only set as loud as necessary for audience members to
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hear [lie berm would provide additional benefit—reducing road noise |0+ d8A. With alower
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noise floor at the audience area audio systems would not need to be set as loud to overcome wv
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ambient noise during events.
For the berm to contain high sound levels for heavily amp|ificdevents here are some
requirements for the Audio system to provide appropriate performance: E
x Thc audio system must not exceed 97d&A |cqata mix position 70' in front ofthe w
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stage.To ensure compliance, we recommend a ''rider' requirement that all shows
must use area|time sound level monitor, such zs the |OEzZysystem. CL
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x Me top of[lie audio systern must not exceed 15' above the lowest seating area, or —
+697' E[
EXPECTED RESULTS
See below for the calculated spectrum at the adjacent residences from an event identical to the o[
M
8G Days event with the from the previous section incorporated. Actual
-�
measuremen1 spectra ofLeq levels are provided as well, for reference.
U eq Coll 0piallsan
85 O
0
75 O ^� �(D
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650 1111111111117 Oft
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550
45 O -^
31 5 63 125 250 500 1000 2000 40O) GOOO
FrequenuyinHz
=°-- Ca|cu|etedl�,Iooh Music otAmphitheotm& — BGOmyeLeq—Norma| DayLeq
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page |Z
lFA U A S KE �
Theca|cu|aled |eve| isequiva|entLotypicz| ambientcondhions-74d8A—and would raise
total levels Lip to 77dBA. T his would beon|y | dB higher than current GG Days events arid U
within our-interpretation of the noise code requirements While
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levels are slightly higher,the low frequency levels will be significantly neduced, resulting in a
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significantly less audible 'thump^ and slightly more audible vocal guitar lines as compared to
QG [}ays Note this assurnes music content similar to BG Days other-music styles (e.g.
Housc/EDM) could have significantly hiQh:r^bass^ levels.
Please note that the additional measures or best practices could be considered for even better CD(1)
D
results:
x Audio systerns could be directed as low as possible, to minimize the amount of high CL
frequency sound which reaches the top of the berm. zn
x Heavily amp|ilicd events could be'urthcrrcsthd �restricted not go p� 9pm. except 6or —
special events (i.e. DG Days). Note that current events are anticipated to end by
| |pm on 3aturdays, while code requires a midnight end time to Events on Friday and
Saturday.
x Renta|/tourinQaudio systems have widely varying design, and hence diMrerenL c
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community noise levels.A permanently installed distributed audio system could be �
0
provided,which would allow for more speakers closer to audience members
throughout the Amphitheater seating area. By virtue of having multiple quieter sound
sources carehu||ydirected at audience members,this system would have the potential
or further reducing sound levels rrorn events another 6 � dB at the adjacent properties
without reducing sound levels for events. Hardware could be incorporate toprevent ~~
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this systern from being capable of creating sound levels which would exceed pre- W
established limits. M
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Asnotedpnnious|yLheana|ysisnotedinthisreportistoundens-tandsiteconditionsandderne
recommendations for the loudest events. Many events will be significantly quieter, and would
approach inaudibility at [he adjacent properties ^z
Qurfdo Grove Parks Department—Amohhheate Project
26 September 2O22
Page |3
lFA U A S KE �
Please do not hesi[a[eto call or email with any questions or-comments.
Thankyou
. LO
Hans Michel —
Acoustics Consultant
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DESIGNED SRK BERM GRADING EXHIBIT
Mackie Consultants,LLC 11
9575 VV.Higgins Road,Suite 500 DRAWN JK MIKE RYLKO OF
Rosemont,IL 60018 1 w
�847)696-1400 APPROVED SRK
—.mackieconsult.com AMPHITHEATER PROJECTI 4254
DATE 10/20/2022 BUFFALO GROVE, ILLIM0510
DATE DESCRIPTION OF REVISION IBYI SCALE 1"=30' , Packet Pg. 49
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Kein'u ,Li ndg ren,O'Hara.Aboona,Inc 6
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MEMORANDUM TO: Michael Maloney
Buffalo Grove Park District L'
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FROM: Luay R. Aboona, PE, PTOE
Principal U)
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DATE: September 27, 2022
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SUBJECT: Mike Rylko Community Park Revitalization Project
Buffalo Grove, Illinois
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This memorandum summarizes the results and findings of a site traffic evaluation conducted by D
Kenig, Lindgren, O'Hara, Aboona, Inc. (KLOA, Inc.) for the proposed Mike Rylko Community 5
Park Revitalization Project located in Buffalo Grove, Illinois. The park is located in the southeast Q
quadrant of the intersection of McHenry Road (IL 83) with Deerfield Parkway and currently
contains a fitness center, a splash pad, baseball fields, and a sports dome with four playing fields
that are accessed off McHenry Road and Deerfield Parkway. Tennis courts and a skatepark served
by a parking lot are accessed off Buffalo Grove Road. As proposed, the plans call for an a
amphitheater with a capacity of 2 000-3 000 seats and for expanding the splash ad. Parkin will
p p Y p g P P g �
be accommodated by the existing parking field with the potential for accommodating additional E
parking on the grass fields. A copy of the site plan and an exhibit illustrating the location of the 2
park are included in the Appendix. a
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The purpose of this evaluation is to determine the impact of the traffic generated by the proposed c
revitalization project on the area roadway system and the adequacy of the proposed access.
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Existing Traffic Conditions �
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The following provides a detailed description of the physical characteristics of the roadways
including geometry and traffic control and available average daily traffic volumes along the
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adjacent area roadways.
a
McHenry Road (IL 83) is a north-south major arterial with a four-lane divided cross-section that
in the vicinity of the site provides two lanes in each direction. At its signalized intersections with z
Deerfield Parkway and Buffalo Grove Road, McHenry Road provides an exclusive left-turn lane, U
a through lane,and a shared through/right-turn lane on the northbound and southbound approaches. Q
McHenry Road is under the jurisdiction of the Illinois Department of Transportation (IDOT),
carries an Annual Average Daily Traffic (AADT) volume of 19,700 vehicles (IDOT 2021), and
has a posted speed limit of 45 miles per hour (mph).
1 rafl,.' or[l[IolI m-d 1°m ,IICft Phil III`11,gCorimfItmiIs
Packet Pg. 50
2.1.b
Deerfield Parkway (Lake County A47) is an east-west, four-lane divided roadway along the site's
frontage. The west leg of its signalized intersection with McHenry Road is Checker Drive, which
is a two-lane roadway. At its signalized intersection with McHenry Road, the Deerfield Parkway
approach is striped to provide an exclusive left-turn lane, a through lane, and an exclusive right-
turn lane. Deerfield Parkway is under the jurisdiction of the Lake County Division of
Transportation (LCDOT), carries an AADT volume of 13,700 vehicles (IDOT 2019), and has a c
posted speed limit of 35 mph.
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Buffalo Grove Road (Lake County W14) is a north-south, four-lane divided roadway that is i
signalized at its intersections with McHenry Road and Deerfield Parkway, where exclusive left-
turn lanes are provided on the northbound and southbound approaches. Buffalo Grove Road is ,
under the jurisdiction of LCDOT, carries an AADT volume of 11,600 vehicles (IDOT 2019), and
has a posted speed limit of 40 mph.
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Traffic Characteristics of the Proposed Revitalization Project
E
As indicated earlier,the plans call for the construction of an amphitheater with a capacity of 2,000- Q
3,000 seats and for expanding the splash pad's occupancy from 180 to 300. The amphitheater will
become the permanent venue for community festivals such as Buffalo Grove Days as well as
hosting celebrations such as Pride, Juneteenth, Diwali, and the Lunar New Year. The facility will
also be utilized for hosting concerts which are currently occurring at Willow Stream Park.
c
The park is currently served by five parking fields providing a total of approximately 881 parking
spaces. Four of the parking fields are access off McHenry Road and Deerfield Parkway with the
eastern parking field access off Buffalo Grove Road.
c
The amount of traffic an event can generate will depend on the number of participants and vehicle E
occupancy. Assuming a maximum attendance of 3,000 people and a vehicle occupancy of 3.0 2
a.
people per vehicle,the proposed amphitheater is estimated to generation approximately 1,000 trips.
It should be noted that this maximum occupancy is likely to be reached during festivals when o
traffic will be spread out throughout the day. Attendance at concerts is expected to be lower 0
(approximately 1,000),thus generating a lower traffic volume (approximately 300 to 400 trips).
m
Evaluation
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When the estimated peak hour traffic volumes anticipated to be generated by the proposed
amphitheater are compared to the existing traffic volumes, the additional traffic will not have a
c
detrimental impact on the area roadways based on the following:
a
The traffic will be distributed over several roadways, mainly McHenry Road and Deerfield
Parkway, both of which are multi-lane roadways with high carrying capacities.
During concert events with an average attendance of 1,000 people, the increase in traffic Q
on the adjacent roadways will be approximately three to five percent of the daily traffic.
2
Packet Pg. 51
2.1.b
During peak events such as festivals, which will normally occur on weekends when traffic
on area roadways is lower, the increase in traffic on the adjacent roadways will be in the
range of approximately of seven to ten percent.
Access Evaluation
0
As previously indicated,access will continue to be provided via the existing access drives currently
serving the park, which includes the following:
x
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A main access drive off McHenry Road aligned with Lucinda Court. This access drive
provides one inbound lane and two outbound lanes with outbound movements under stop LO
sign control. A southbound left-turn lane is provided on McHenry Road serving this access c
drive.
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A secondary access drive off McHenry Road (adjacent to the Golf Dome) approximately
1,300 feet south of the main access drive. This access drive provides one inbound lane and E
two outbound lanes with outbound movements under stop sign control. A southbound left- a
a�
turn lane is provided on McHenry Road serving this access drive. D
�a
An access drive off Deerfield Parkway aligned with Green Knolls Drive. The access drive
provides one inbound lanes and two outbound lanes with outbound movements under stop
sign control.
_
A secondary access road off Buffalo Grove Road aligned with Hidden Lake Drive. This a
access drive provides one inbound lane and two outbound lanes with outbound movements
under stop sign control. A northbound left-turn lane is provided on Buffalo Grove Road r
serving this access drive. E
2
a
The number, location, and design of the access drives ensure that a flexible access system is
provided,helping distribute the traffic on multiple roadways,thus reducing congestion and delays. 0
The provision of left-turn lanes on the roadways at the access drives will provide safe ingress for 0
traffic entering the facility and will reduce the impact on through traffic.
.N
Parking Evaluation o
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As previously indicated, the park currently provides approximately 881 parking spaces, which
should be adequate in accommodating concerts and non-peak events. For peak events such as
festivals and Buffalo Grove Days, additional parking should be provided within the grass fields a
which can accommodate an additional 225 parking spaces. This will ensure that adequate parking
is readily available, thus minimizing on-site circulation and traffic conflicts.
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a
3
Packet Pg. 52
2.1.b
Traffic Management Plan
To ensure that traffic flow in and out of the parking lots is adequately accommodated and to
minimize the impact on area roadways and adjacent neighborhoods, the following is
recommended:
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Coordination with Village of Buffalo Grove Police and Fire Departments
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Creation of wayfinding guidance (printed and online) for the public's use
Implementation of wayfinding signage(portable and permanent) LO
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Use of traffic management personnel at the access drives and on site
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Accommodation for bicycle parking on site
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Creation of safe pedestrian routes from the adjacent roadways and within the parking lots
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D
Minimizing other activities at the park during peak events
a
Conclusion
Based on the proposed plan and the preceding evaluation, the following conclusions and
recommendations are made: a
The traffic that will be generated by the proposed amphitheater can be accommodated by
the existing roadway system.
a
The existing access drives will be adequate in accommodating traffic entering and exiting o
the site. _
0
The existing parking supply with the potential use of additional temporary parking will be
sufficient to meet the peak parking needs.
0
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Implementation of the traffic management plan will ensure that traffic generated can be
accommodated, especially during peak events. in
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BUFFALO
GROVE
PAR
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CAI STRET ,
October 28, 2022 VIA email
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Ms. Kelly Purvis, AICP
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Deputy Community Development Director °f
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
a�
RE Mike Rylko Park Improvement Project— 951 McHenry Road, Buffalo Grove a
Petition for Preliminary Plan Review (PZC) —Zoning Variation Responses
�a
Dear Ms. Purvis:
CIO
We received the Zoning Variation Standards, regarding our petition for preliminary plan review
through Planning and Zoning for the Buffalo Grove Park District Mike Rylko Community Park
Improvement Project. Please find our responses. a
1 . ZONING VARIATION COMMENTS:
a. One Zoning Variation was identified upon review of the formal submittal of plans. A E
variation will be needed from Section 17.32.030 to allow the amphitheater and rental a
shelter to exceed the maximum permitted height of 15 feet for an accessory building. o
Please note, upon review of the information requested in this review letter, additional c
zoning relief may be required. Please respond to the attached Zoning Variation
standards.
i. The property in question cannot yield a reasonable return if permitted to be �
used only under the conditions allowed by the regulations of the zoning district v
in which it is located except in the case of residential zoning districts;
ii. The plight of the owner is due to unique circumstances;
iii. The proposed variation will not alter the essential character of the
neighborhood. a
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RESPONSE:
The height of the amphitheater stage will need to exceed the maximum permitted height of
15 feet to accommodate a deeper roof structure, temporary lighting/speakers for a
performances, and provide optimum acoustics. The height of the rental shelter will need
to exceed the maximum permitted height of 15 feet to accommodate a varied roof line for
the shelters and ample space under the shelter to provide a better user experience. We
Packet Pg. 56
2.1.b
Petition for Preliminary Plan Review (PZC) — Zoning Variation Responses
October 28, 2022
Page 2 of 2
are proposing a permanent stage, in lieu of having to rent temporary structures and offer
more availability/flexibility throughout the year. The proposed variations will not alter the
essential character of the neighborhood.
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Please let us know if you have any questions regarding our responses or if you need any
additional information to complete the approval. Thank you very much for your time.
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Sincerely,
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Michael R. Maloney, LEED AP BD+C, CPO y
Buffalo Grove Park District D
Superintendent of Development
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Attachments: None
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530 Bernard Drive 9 Buffalo Grave,Illinois 60089 e 847.850.2100 bgporks.org Packet Pg. 57
2.1.c
3/16/95
ORDINANCE NO. 95- 26
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
BUSCH GROVE COMMUNITY PARK
BUSCH ROAD/ILLINOIS ROUTE 83BUFFALO GROVE ROAD c
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WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of
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1970; and, a)
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WHEREAS,there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo
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Grove a petition to annex the property legally described in Exhibit A hereto; and, E
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an °
a�
Annexation Agreement; and, a
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WHEREAS, proper and due notice of the public hearing on said Annexation Agreement and Zoning _n
has been given and a public hearing was held; and, `°
a�
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said co
Annexation Agreement.
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NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: a.
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Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as r-
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Exhibit A is approved. E
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Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement
on behalf of the Village of Buffalo Grove. o
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Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. °
a
This Ordinance shall not be codified. a,
AYES: 6 - Marienthal Reid Rubin Braiman Hendricks Moons c
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NAYES: 0 - None t)
ABSENT: 0 - None N
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PASSED: March 20. 1995 APPROVED: March 20 1995 a)
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ATTEST:
APPROVED: U
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ViIIag+'Clerk SIDNEY H. MATHIAS =
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Village President E
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Packet Pg. 58
2.1.c
3/16/95
BUSCH GROVE COMMUNITY PARK
Busch Road/Buffalo Grove Road/Illinois Route 83 0
Table of Contents
x
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
U)
2. Agreement: Compliance and Validity . . . . . . . . . . . . . . . . . . . 3 a)
0
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . 3
4. Enactment of Zoning.Ordinance. . . . . . . . . . . . . . . . . . . . . . . 3 E
5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 E
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6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . 4
7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CL
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Storm and Sanita Sewer Provisions. . . . . . . . . . . . . . . . . . . 6 a
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 L'
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . 7 E
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13. Security for Public and Private Site Im rovements. . . . . . . . . 8 a
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 0
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15. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . 9
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16. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . 9
17. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . 10 0
18. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 N
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19. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . 10
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20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 0)
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21. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 0
23. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 =
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24 Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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BUSCH GROVE COMMUNITY PARK
Annexation Agreement
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3/16/95
BUSCH GROVE COMMUNITY PARK
Busch Road/Buffalo Grove Road/Illinois Route 83
ANNEXATION AGREEMENT
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This agreement (hereinafter referred to as the "Agreement") made and entered into
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this 20th day of March, 1995, by and between the VILLAGE OF BUFFALO GROVE
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(hereinafter referred to as "Village") by and through the President and Board of Trustees a)
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of the Village (hereinafter collectively referred to as the "Corporate Authorities") and The
Buffalo Grove Park District (hereinafter referred to as "Owner").
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WITNESSETH: y
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the 5
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provisions of the Constitution of the State of Illinois of 1970; and,
WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred a
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to as the "Property") comprising 53.2 acres legally described and identified in the Legal r-
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Description, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof L
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and which real estate is contiguous to the corporate limits of the Village; and, c
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WHEREAS, a Plat of Annexation.is attached hereto as EXHIBIT B, which depicts
a total area of 53.2 acres to be annexed; and, c
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WHEREAS, Owner desires and proposes pursuant to the provisions and N
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regulations applicable to the R-E (Residential Estate) District of the Village Zoning 6
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Ordinance, with a Special Use for public park facilities, to develop the Property in
accordance with and pursuant to a certain Initial Development Plan prepared by o
Williams/Pollock/Associates, Ltd. and dated as last revised September 10, 1993, and a
certain a certain Master Plan prepared by Williams/Pollock/Associates, Ltd. and dated as a
last revised September 10, 1993, a copy of which Plans are attached hereto as EXHIBITS
1
Packet Pg. 61
2.1.c
D and E and incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein. Said development of property shall consist of a multi-
use park and recreation facility as depicted on EXHIBITS D and E; and,
WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois
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Municipal Code ( Chapter65, Illinois Compiled Statutes 1992) and as the same may have
been modified by the Village's Home Rule Powers, a proposed Annexation Agreement was LO
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submitted to the Corporate Authorities and a public hearing was held thereon pursuant to
notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the a
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Village has held a public hearing and made their recommendations with respect to the
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requested zoning classification of the R-E District with a Special Use for a public parkCL
facility; and,
WHEREAS, the President and Board of Trustees after due and careful a
consideration have concluded that the annexation of the Property to the Village and its E
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zoning and development on the terms and conditions herein set forth would further enable a.
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the Village to control the development of the area and would serve the best interests of the c
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Village.
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NOW, THEREFORE, in consideration of the premises, mutual covenants and
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agreements herein set forth, the parties hereto agree as follows: U)
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1. Applicable Law. This Agreement is made pursuant to and in accordance with 0)
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the provisions of Section 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65,
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Illinois Compiled Statutes 1992) and as the same may have been modified by the Village's
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Home Rule powers. The preceding whereas clauses are hereby made a part of this
Agreement. a
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Packet Pg. 62
. 2.1.c
2. Agreement: Compliance and Validity. The Owner has filed with the Village
Clerk of the Village a proper petition pursuant to and in accordance with provisions of
Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992)
and as the same may have been modified by the Village's Home Rule powers, conditioned
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on the execution of this Agreement and the compliance with the terms and provisions
contained herein, to annex the Property to the Village. It is understood and agreed that LO
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this Agreement in its entirety, together with the aforesaid petition for annexation, shall be
null, void and of no force and effect unless the Property is validly annexed to the Village
and is validly zoned and classified in the R-E District with a Special Use for a public park a
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facility, all as contemplated in this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities withinCL
twenty-one (21) days of the execution of this Agreement by the Village will enact a valid
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and binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing
the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake
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County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT
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B). Recording shall take place no more than thirty (30) days after enactment of Annexation c
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Ordinance.
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4. Enactment of Zonin Ordinance. Within twenty-one (21) days after the
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passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid LO
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and binding ordinance, zoning the Property in the R-E District with a Special Use for a 0
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public park facility subject to the restrictions further contained herein and all applicable
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ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning
shall be further conditioned on the development of the Property in accordance with the
Initial Development Plan (EXHIBIT D) and the Master Plan (EXHIBIT E) and other exhibits a
attached hereto or incorporated by reference herein. It is understood and agreed that
3
Packet Pg. 63
development of the Property will occur in phases, and said Special Use shall remain in full
force and effect to allow said phased development in accordance with the EXHIBITS
incorporated herein and other plans approved by the Village in the future.
5. Approval of Plans. The Corporate Authorities hereby approve the Initial
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Development Plan (EXHIBIT D) and the Master Plan (EXHIBIT E). It is understood and
agreed that Owner will submit a Preliminary Plan, including engineering. pursuant to the LO
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provisions of the Village Development Ordinance for each phase of development of the
Property. The Corporate Authorities agree to approve said Preliminary Plan and a
Development Plan (including plats of subdivision) based on final versions of the plans and a
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drawings of the development of the Property as submitted by the Owner provided that the
Development Plan shall: cn
(a) conform to the approved Initial Development Plan and Master Plan; and
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(b) conform to a Preliminary Plan to be submitted for Village review and
approval; and E
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(c) conform to the terms of this Agreement and all applicable Village Ordinances
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as amended from time to time; and c
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(d) conform to the approved Development Improvement Agreement as amended
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from time to time.
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Phasing of the development of the Property, if any, shall be in accordance with LO
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applicable Village ordinances, and shall conform to the phases of the development as 0)
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shown on the approved Initial Development Plan and Master Plan.
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6. Compliance with Applicable Ordinances. The Owner agrees to comply with
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all ordinances of the Village of Buffalo Grove as amended from time to time in the
development of the Property, provided that all new ordinances, amendments, rules and a
regulations relating to zoning, building and subdivision of land adopted after the date of
4
Packet Pg. 64
2.1.c
this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall
be equally applicable to all property similarly zoned and situated to the extent possible.
Owner, in the development of the Property, shall comply with the standards set forth in the
Village of Buffalo Grove Development Ordinance as amended from time to time.
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7. Amendment of Plan. If the Owner desires to make changes in the Initial
Development Plan or Master Plan as herein approved, the parties agree that such changes
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in said Plans will require, if the Village so determines, the submission of amended plats °
or plans, together with proper supporting documentation, to the Plan Commission and/or
the Corporate Authorities to consider such changes to said Plans. The Corporate a
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Authorities may, at their sole discretion, require additional public hearings and may review
the commitments of record contained in this Agreement, including, but not limited to fees, cn
prior to final consideration of any change in the Initial Development Plan or Master Plan,
and prior to approval of a Preliminary Plan. The Village Manager is hereby authorized to a.,
approve such minor changes as he deems appropriate, provided that no such changes - E
a.
(a) involves a reduction of the area set aside for common open space; nor (b) increases
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by more than two percent (2%) the floor area proposed for nonresidential use; nor (c) c
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increases by more than two percent (2%) the total ground area covered by buildings.
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8. Building Permit Fees. The building permit fees may be increased from time
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to time so long as said permit fees are applied consistently to all other developments in LO
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the Village to the extent possible. In the event a conflict arises between the 0)
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Owner/Developer and the Village on any engineering and technical matters subject to this
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Agreement, the Village reserves the right to pass along any and all additional expenses
incurred by the use of consultants in the review and inspection of the development from
time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter a
charged by the Village to Owner or property within the Village.
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2.1.c
9. Water Provision. The Owner shall be permitted and agrees to tap on to the
Village water system at points recommended by the Village Engineer which points shall
be depicted on the Preliminary Engineering Plan. It is understood, however, that changes
to the Preliminary Engineering Plan may be required at the time of Final Engineering. The
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Owner further agrees to pay to the Village such fees in accordance with the applicable
Village Ordinances at the time of the issuance of the water and sewer permits. The Owner
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agrees to accept any increase in water rates and tap on fees provided such rates and fees °
apply consistently to all other similar users in the Village to the extent possible. Following E
such tap on, the Village agrees to provide to the best of its ability and in a non- a
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discriminatory manner water service to all users on the Property in accordance with the
Preliminary Engineering Plan. Watermains serving the Property and those approved as cn
part of the development shall be installed by the Owner and, except for service
connections to the buildings shall, upon installation and acceptance b the Village through a
9 P Y 9 9 L
formal acceptance action by the Corporate Authorities, be dedicated to the Village and E
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become a part of the Village water system maintained by the Village. o
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10. Storm and,,,Sanitaa Sewer Provisions. 0
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A. The Corporate Authorities agree to cooperate with the owner and to
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use their best efforts to aid Owner in obtaining such permits from governmental agencies
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having jurisdiction as may be necessary to authorize connection from the proposed U)
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development to the Lake County Department of Public Works for the collection of sewage Z
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and to the Illinois Department of Transportation (IDOT) as may be appropriate. The
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Owner shall construct on-site and off-site sanitary sewers as may be necessary to service
the Property, as depicted on the Preliminary Engineering Plan. It is understood, however,
that changes to the Preliminary Engineering Plan may be required at the time of Final a
Engineering. Upon installation and acceptance by the Village through formal acceptance
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Packet Pg. 66
. 2.1.c
action by the Corporate Authorities, the Corporate Authorities agree to operate and
maintain such systems, except for sanitary sewer service connections. The Owner
agrees to accept any increase in sewer rates and tap on fees, provided that such fees and
rates are applied consistently to all similar users in the Village to the extent possible.
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B. The Owner shall also construct on the Property in question any storm
sewers which may be necessary to service the Property, as depicted on the Preliminary
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Engineering Plan. It is understood, however, that changes to the Preliminary Engineering °
Plan may be required at the time of Final Engineering. Upon installation and acceptance
by the Village through formal acceptance action by the Corporate Authorities, the
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Corporate Authorities agree to operate and maintain that portion of the storm sewer system
which serves public streets, or multiple properties, and the Owner agrees to operate and cn
maintain that portion of the storm sewer system located on the subject Property and not 1°
dedicated, and shall record a covenant to that effect within thirty (30) days of the recording a.,
of the Plat of Subdivision. E
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11. Drainage,Provisions. The Owner shall fully comply with any request of the
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Village Engineer related to the placement of buildings on lots, to preserve drainage 0
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standards. The Owner shall install any storm sewers and/or inlets which are required to
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eliminate standing water or conditions of excess sogginess which may, in the opinion of
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the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. LO
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12. Payment of Recapture Fees Owed. The recapture fee required to be paid
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by this Property shall be due and payable to the Village upon final platting of the first plat
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of subdivision of any portion of the Property. Inasmuch as the Village and Park District
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serve virtually the same constituents and geographic area, and in the interest of inter-
governmental cooperation, the Village will require payment of only the principal of said a
recapture fee, and waive payment of interest and collection fees.
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13. Security for Public and Private Site Improvements. Security for public and
private site improvements shall be provided in accordance with the Development
Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from
time to time. Any letter of credit issued for such improvements shall be drawn on a
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financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer
may have an equitable or lending interest in the Property provided that the letter of credit, LO
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either by its own terms or by separate written assurances of the issuer, shall be honored °
irrespective of that interest. The Village shall have the right to draw up to the full amount
of the letter of credit in order to complete, and have formal acceptance of, all a
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improvements secured by the letter of credit.
14. Exhibits. The following EXHIBITS, some of which were presented in cn
testimony given by the Owner or the witnesses during the hearings held before the Plan
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Commission and the Corporate Authorities prior to the execution of this Agreement, are
hereby incorporated by reference herein, made a part hereof and designated as shown E
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below. This Agreement, upon execution by the parties, together with copies of all a.
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EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the c
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parties hereto.
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EXHIBIT A Legal Description
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EXHIBIT B Plat of Annexation dated as last revised August 7, 1992 by U)
Manhard Consulting Ltd. z
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EXHIBIT C Development Improvement Agreement r-
EXHIBIT D Initial Development Plan dated as last revised September 10, o
1993 by Williams/Pollack/Associates, Ltd.
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EXHIBIT E Master Plan dated as last revised September 10, 1993 by
Williams/Pollock/Associates, Ltd.
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2.1.c
EXHIBIT F Parking Requirements for the Initial Busch Grove Site
Development (8-1/2xl1" sheet) by Williams/Pollock/Associates,
Ltd.
EXHIBIT G Outdoor lighting foot-candle distribution plot for ballfields dated
March 29, 1993 by Qualite Sports Lighting, Inc.
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EXHIBIT H Tennis Court lighting specifications (8 pages, 8-1/2xl1") by
LSI Lighting Systems =
EXHIBIT I Outdoor lighting foot-candle distribution plot for tennis courts LO
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15. Building, Landscaping and Aesthetics Plans. Owner will submit building and
landscaping plans (which landscaping plans shall conform to the requirements of Village
Ordinances) for approval by the Appearance Commission and the Corporate Authorities a
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before commencing construction of buildings or recreational facilities. Exterior building
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lighting, parking lot lighting, outdoor recreation lighting and signage shall be compatibleCL
with surrounding areas as approved by the Appearance Commission. Phases not under
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construction or completed shall be maintained in a neat and orderly fashion as determined
by the Village Manager. E
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16. Facilitation of Development. Time is of the essence of this Agreement, and
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all parties will make every reasonable effort to expedite the subject matters hereof. It is 0
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further understood and agreed that the successful consummation of this Agreement and
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the development of the Property in the best interests of all the parties requires their
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continued cooperation. The Owner does hereby evidence its intention to fully comply with LO
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all Village requirements, its willingness to discuss any matters of mutual interest that may 0)
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arise, and its willingness to assist the Village to the fullest extent possible. The Village
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does hereby evidence its intent to always cooperate in the resolution of mutual problems
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and its willingness to facilitate the development of the Property, as contemplated by the
provisions of this Agreement. a
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17. Enforceability of the Agreement. This Agreement shall be enforceable in any
court of competent jurisdiction by any of the parties or by an appropriate action at law or
in equity to secure the performance of the covenants herein described. If any provision
of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom
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and the invalidity thereof shall not affect any of the provisions contained herein.
18. Term of Agreement This Agreement will be binding on all parties and the LO
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Property for a term of twenty (20) years from the date of the execution of this Agreement °
by the Village. This Agreement shall not be assigned without prior written consent of the
Village. a
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19. Binding Effect of Agreement. This Agreement shall be binding upon the
Property, the parties hereto and their respective successors and assigns. CL
20. Corporate Capacities. The parties acknowledge and agree that the
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individuals that are members of the group constituting the Corporate Authorities are
entering into this Agreement in their official capacities as members of such group and shall E
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have no personal liability in their individual capacities. a.
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21. Notices. Any notice required pursuant to the provisions of this Agreement c
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shall be in writing and be sent by certified mail to the following addresses until notice of
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change of address is given and shall be deemed received on the fifth business day
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following deposit in the U.S. Mail. LO
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If to Owner: Michael Rylko, Director 0)
Buffalo Grove Park District r-
530 Bernard Drive
Buffalo Grove, IL 60089 0
Copy to: John Sullivan, Esq.
Staechlin, Jantorni and Sullivan
310 S. Michigan Avenue a
Chicago, IL 60604
10
Packet Pg. 70
2.1.c
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton W
1140 Lake Street, Suite 400
Oak Park, IL 60301 =
22. Default. In the event Owner defaults, in its performance of its obligations set LO
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forth in this Agreement, then the Village may, upon notice to Owner, allow Owner sixty (60)
days to cure default or provide evidence to the Village that such default will be cured in a
timely manner if it cannot be cured during said during said period. If Owner fails to cure a
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such default or provide such evidence as provided above, then, with notice to Owner, the
Village may begin proceedings to disconnect from the Village any portion of the PropertyCL
upon which development has not been completed. In such event, this Agreement shall
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be considered to be the petition of the Owner to disconnect such portion of the Property.
23. Litigation. E
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A. The Owner, at its cost, shall be responsible for any litigation which
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may arise relating to the annexation, zoning and development of the Property. Owner shall c
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cooperate with the Village in said litigation but Owner's counsel will have principal
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responsibility for such litigation.
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B. The Owner shall reimburse the Village for reasonable attorneys' fees, LO
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expenses and costs incurred by the Village resulting from litigation relating to the 0)
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annexation, zoning and development of the Property or in the enforcement of any of the
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terms of this Annexation Agreement upon a default by the Owner.
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C. Owner hereby indemnifies and holds the Village harmless from any
actions or causes of action which may arise as a result of development activities for which a
the Owner is responsible.
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24. Special Conditions.
A. It is understood and agreed that the Initial Development Plan (EXHIBIT D)
and Master Plan (EXHIBIT E) depict outdoor playing fields and recreation areas that will
use exterior lighting for evening use. Owner has submitted EXHIBITS G and I delineating
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the extent of spillover illumination from the ballfields and tennis courts, and EXHIBIT H
provides specifications for the proposed tennis court lighting. LO
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Prior to installation of any outdoor lighting, Owner will receive approval from °
the Village Appearance Commission concerning the type and location of all outdoor
lighting fixtures on the Property. It is understood and agreed that outdoor lighting shall use a
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a "sharp cut-off' fixture designed to prevent light spillage onto areas adjacent to the
Property. cn
Said lighting shall be turned off no later than 10:30 p.m. each day.
B. It is understood and agreed that the Owner will submit a Preliminary Plan, a
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including engineering, pursuant to requirements of the Village Development Ordinance
a.
prior to any development on the Property.
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C. Any outdoor public address system installed on the Property is subject to c
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review and approval by the Village. Said public address system shall be designed and
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installed to minimize any detrimental impacts or nuisances for adjacent properties. L)
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IN WITNESS WHEREOF, the Corporate Authorities and Owner/Developer have LO
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caused this instrument to be executed by their respective proper officials duly authorized 0)
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to execute the same on the day and the year first above written.
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VILLAG F FFA O
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ffiIBIT A
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BUSCH GROVE COMMUNITY PARK L,
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SUBJECT PROPERTY LEGAL DESCRIPTION: a)
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Parcels 1, 2 and 3 °
(area to be annexed. 53.2 acres)
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PARCEL 1:
THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29
TOWNSHIP 43 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
SOUTHERLY OF THE CENTER OF APTAKISIC ROAD (NOW KNOWN AS BUSCH ROAD) AND EASTERLY Q
OF THE CENTER OF STATE HIGHWAY (EXPECT THAT PART THEREOF, DESCRIBED AS FOLLOWS,
TO—WIT: (A) BEGINNING AT A POINT IN THE CENTER LINE OF THE PUBLIC ROAD AS
FORMERLY LOCATED RUNNING NORTHWESTERLY AND SOUTHEASTERLY ACROSSPUBLIC
SAID QUARTER Ta
QUARTER SECTION, WHICH POINT IS NORTH 36 DEGREES 40 MINUTES WEST 1294.51 FEET 5
FROM A POINT IN THE SOUTH LINE OF SAID QUARTER QUARTER SECTION 1137.5 FEET EAST Q,
OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 86 DEGREES 21 MINUTES EAST 306.3 co
FEET; THENCE NORTH 3 DEGREES 39 MINUTES WEST 230 FEET; THENCE SOUTH 86 DEGREES
21 MINUTES WEST ALONG CENTER OF PUBLIC ROAD (AS TRAVELED), 455.83 FEET TO
INTERSECTION OF SAID CENTER LINE WITH CENTER UNE FIRST MENTIONED ROAD; THENCE c
SOUTH 36 DEGREES 40 MINUTES EAST ALONG CENTER OF SAID ROAD 274.29 FEET TO THE td
POINT OF BEGINNING. AND (B) BEGINNING AT INTERSECTION OF CENTER UNE OF OLD a
MCHENRY ROAD AS FORMERLY LOCATED AND CENTER UNE OF PUSUC HIGHWAY KNOWN AS
APTAKISIC ROAD (NOW KNOWN AS 13USCH ROAD); THENCE SOUTH 66 DEGREES 21 MINUTES WEST `d
ALONG CENTER OF SAID APTAKISIC ROAD (NOW KNOWN AS BUSCH ROAD) PRODUCED
SOUTHWESTERLY 210 FEET, MORE OR LESS, TO THE CENTER LINE OF SAID STATE HIGHWAY; E
THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY 360 FEET, MORE OF LESS, To L
A POINT 230 FEET SOUTHERLY. MEASURED AT RIGHT ANGLES FROM CENTER LINE OF a
APTAKISIC ROAD (NOW KNOWN AS BUSCH ROAD); THENCE NORTH 86 DEGREES 21 MINUTES EAST <a
ALONG A LINE PARALLEL TO AN 230 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM o
CENTER UNE OF SAID ROAD FOR A DISTANCE OF 85 FEET. MORE OF LESS. TO THE CENTER c
LINE OF SAID OLD MCHENRY ROAD; THENCE NORTH 36 DEGREES 40 MINUTES WEST ALONG o
CENTER OF SAID ROAD, 274.29 FEET TO THE POINT OF BEGINNING), IN LAKE COUNTY.
ILLINOIS.
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PARCEL 2: y
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THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION-29, TOWNSHIP AND RANGE. C
AFORESAID. (EXCEPT THE EAST 51 FEET LYINOs SOUT-i-tOFr'THEv NORTtJY33"FEE J-MJEREOF). �?
IN LAKE COUNTY, ILLINOIS.
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PARCEL 3: a)
THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 43 Z
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHEASTERLY OF THE m
CENTER UNE OF STATE ROUTE 54 AS NOW LOCATED. IN LAKE COUNTY, ILLINOIS. U
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SUBJECT PROPERTY COMMON DESCRIPTION:
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The approximately 53.2 acre tract bounded on the north by Busch Road, on the east by E
Buffalo Grove Road, and on the west by Illinois Route 83.
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Packet Pg. 74
2.2
......................................... � ...............................
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Action Item : 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.
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
.........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Staff recommends approval of the request, subject to the conditions of approval in the attached staff
report.
The Petitioner, Crown Castle USA Inc. is requesting to extend the height of an existing communications
tower by 10 feet, bringing the overall equipment height to 115 feet, to collocate a New Cingular
Wireless (AT&T) antenna array on the tower.
The tower for which the extension is proposed was constructed in 1998 and is 100 feet tall with an
antenna that adds an additional 5 feet in height to the tower. Additional ground equipment is also
proposed to be located within the existing enclosure at the base of the tower. The ground equipment is
enclosed by an opaque wood fence with a lock.
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the 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. The PZC shall make a recommendation to the Village Board concerning the request.
ATTACHMENTS:
• Staff Report (PDF)
• Plan Set (PDF)
• Ordinance 2006-7 (PDF)
Trustee Liaison Staff Contact
Pike Kelly Purvis, Community Development
Wednesday, November 16,
2022
Updated: 11/11/2022 9:11 AM Page 1
Packet Pg. 75
VILLAGE OF BUFFALO GROVE "
PLANNING&ZONING COMMISSION
STAFF REPORT
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MEETING DATE: November 16, 2022
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SUBJECT PROPERTY LOCATION: 185 N. Milwaukee Avenue
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3
PETITIONER: Michael Gasser on behalf of Crown Castle USA, Inc. 3
PREPARED BY: Kelly Purvis, Deputy Director of Community Development z
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REQUEST: A Petition to the Village of Buffalo Grove for approval of an L
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amendment to the underlying Planned Unit Development
approved by Ordinance No. 2006-7 to allow a 10-foot extension c
of the existing communications tower, colocation of an antenna N
array and the installation of additional ground equipment at the Z
base of the tower within the existing enclosure at 185 N. -,6
Milwaukee Avenue.
EXSITING LAND USE AND ZONING: The property is improved with a gas station and convenience
store(True North/Shell)and three cellulartowers and is in the B3 CL
Planned Business District. Q'
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COMPREHENSIVE PLAN: The 2009 Village Comprehensive Plan calls for this property a
to be a commercial use. s
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PROPERTY BACKGROUND
The subject property was annexed into the -a �� � ��w `: d
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Village in 2004 and automatically zoned RE,
Residential Estate District (a default zoning
district upon annexation) by adoption of �" �, °
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Ordinance No. 2004-32. At the time of � �
annexation, the property was already improved t45 '
with a restaurant, three communications
towers with antenna facilities and ground level
equipment shelters serving the antennas. v
Development of the property occurred under
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the zoning authority of Lake County. CL
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The property owner petitioned the Village in
2006 for a rezoning of the property to B3 Planned Business District, in hopes to market the site for co
commercial redevelopment. Through the adoption of Ordinance No. 2006-7, the property was zoned B3
District and the underlying PUD for the property was established. Ordinance No. 2006-7 acknowledges °'
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that the communications towers do not meet the Village's zoning requirements for communication
towers. It is further noted that the communications towers and related antennas and equipment shelters
on the property shall not be modified or expanded unless approved by the Village. Q
Packet Pg. 76
2.2.a
Ordinance No. 2006-7 has been amended twice. In 2009, the Village adopted Ordinance No. 2009-76,
which allowed the colocation of an antenna for Clearwire Corporation on the western-most tower(owned
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by TowerCo). In 2018, Ordinance No. 2018-043 was approved to allow the construction of the True r_
North/Shell gas station and convenience store on the subject property. a
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REQUEST
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The Petitioner, Crown Castle USA Inc. is
requesting to extend the height of an existing 3
communications tower by 10 feet, bringing the
overall equipment height to 115 feet, to Z
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collocate a New Cingular Wireless (AT&T) """"""'""""'' - 00
antenna array on the tower. c
The tower for which the extension is proposed c
was constructed in 1998 and is 100 feet tall CD
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with an antenna that adds an additional 5 feet 6
in height to the tower. Additional ground m Z
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equipment is also proposed to be located y
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within the existing enclosure at the base of the
tower.The ground equipment is enclosed by an
opaque wood fence with a lock. c
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VILLAGE PURVIEW Q
Certain federal statutes and regulations
Preempt aspects of local authority to regulate a wireless telecommunication facilities. Per the
United States Middle Class Tax Relief and Job n o
Creation Act of 2012 (also known as the —
Spectrum Act) and the rules and orders of the E
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Federal Communications Commission (FCC),
the scope of municipal review is limited to whether a request is a qualified request. E
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Regarding 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) o
10% or (b) the height of one additional antenna array with separation from the nearest existing antenna c
not to exceed 20 feet. The subject application falls into the second bucket of allowable tower height a
extensions. AT&T proposes adding one additional antenna array on the tower with a separation of
approximately three feet between the bottom of the array and the top of the existing array. Therefore,
the modification to the tower would not constitute a "substantial change". Because the proposed tower v
height increase is not a "substantial change" as defined by the FCC,the subject application constitutes an
"eligible facilities request"that must be approved by the Village pursuant to federal law. a
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A municipality may not require an applicant to submit any other documentation including but not limited
to documentation intended to illustrate the need for such wireless facilities or to justify the business in
decision to modify such wireless facilities. };
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The Village does have the ability to require that these types of projects go through a review process. As
indicated above, Ordinance No. 2006-7 requires that expansion or modification of the communications
towers be approved by the Village. Therefore, to allow the tower to be modified as described, the Q
Packet Pg. 77
2.2.a
petitioner will need an amendment to the underlying Planned Unit Development approved by Ordinance
No. 2006-7. --
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Existing Communication Antenna Tower
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• The existing communication antenna tower was constructed in �
1998 under the jurisdiction of Lake County. Y
• The tower was annexed into the Village in 2004 and is legally non- o
conforming. i� 3
• The existing communication tower is 100 feet tall with antenna
that are up to 105 feet in height. Z
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Proposed Communication Tower Extension
• The communication antenna tower extension will allow r, c
collocation of an AT&T antenna array on the existing tower. °° 0
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• Additional equipment will be installed at the base of the tower,
within the existing enclosure.
• The new tower height will be 110 feet with antenna that are up O
to 115 feet in height.
• The proposed tower extension is considered an eligible facilities
request by the FCC and therefore, the Village must approve the , P
request. Q-
1 ����//� /�li iiiiiiU nlH�l1J%uq//iF7 iHi/nplli 9lJ�Ipl1/ L,a iie-DEPARTMENTAL REVIEWS 0.
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Village Department Comments c
Engineering The Engineering Department has reviewed the structural analysis
report for the communication tower extension and has no concerns. E
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SURROUNDING PROPERTY OWNERS E
Pursuant to Village Code, the contiguous property owners were notified, and a public hearing sign was a
posted on the subject property. The posting of the public hearing sign and the mailed notifications were
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completed within the prescribed timeframe as required.As of the date of this Staff Report,the Village has
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not received any calls or questions about the request. C
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STAFF RECOMMENDATION
Village staff recommends approval of an amendment to the underlying Planned Unit Development c
approved by Ordinance No. 2006-7 for the purpose of allowing a 10-foot extension to the communications C�
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, subject to the conditions in the Suggested PZC Motion Q.
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below. a:
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ACTION REQUESTED N
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony c
concerning the 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
Q
Packet Pg. 78
2.2.a
and the installation of additional ground equipment at the base of the tower within the existing enclosure.
The PZC shall make a recommendation to the Village Board concerning the request.
_
Suggested PZC Motion a
The Planning and Zoning Commission recommends approval of an amendment to the underlying Planned
d
Unit Development approved by Ordinance No. 2006-7 to allow a 10 foot extension to the communications Y
tower for colocation of an AT&T antenna array on the tower and installation of ground equipment at the 3
base of the tower within the existing enclosure on the property located at 185 N. Milwaukee Avenue,
subject to the following conditions: Z
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1. The proposed tower extension and antenna colocation shall be constructed in substantial c
conformance with the plans attached as part of the petition.
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2. That Ordinance No. 2006-7 will remain in full force and effect except as specifically modified to Co
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allow the tower expansion, colocation of a new antenna array and installation of ground 6
equipment within the existing enclosure.
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ATTACHMENTS
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• Petitioner's Narrative Statement c
• Overall Site Plan a
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• Compound Plan Q
• Equipment Layout& Elevations
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• Tower Elevation Plan
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• Photo of Existing Tower c
• Ordinance 2006-7
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2.2.b
9045 River Rd,
CROWN Phone: (317) 249-2028
(X0 CASTLE
Indianapolis, IN 46240 www.crowncasle.com
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January 13,2022 (D
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IL-VILLAGE OF BUFFALO GROVE 2013 Y
Building&Zoning
5o RAUPP BOULEVARD 3
BUFFALO GROVE,IL 60089 z
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Via Electronic
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**********NOTICE OF ELIGIBLE FACILITIES REQUEST**********
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RE: Request for Minor Modification to Existing Wireless Facility—Section 6409 N
Site Address: 185 N MILWAUKEE AVE,Buffalo Grove,IL 60089 z
Crown Site Number: 875563/Crown Site Name: CASALE(DANIELLO'S RE
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Customer Site Number: IL1974/Application Number: 537273 0
Dear Staff: m
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On behalf of New Cingular Wireless PCS, LLC ("AT&T Mobility"or"Applicant"), Crown Castle USA Inc. ("Crown Castle") Q-
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is pleased to submit this request to modify the existing wireless facility noted above through the collocation, replacement in
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and/or removal of the Applicant's equipment as an eligible facilities request for a minor modification under Section 6409' a
and the rules of the Federal Communications Commission("FCC").2
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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 E
base station. Under Section 6409, to toll the review period, if the reviewing authority determines that the application is 0
incomplete, it must provide written notice to the applicant within 3o days, which clearly and specifically delineates all Q
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 0
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approvals are deemed granted. The FCC has clarified that the 3o-day and 6o-day deadlines begins when an applicant: (1) o
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 2013 requires the electronic
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submission of applications for Special Use and Variance Application. Please allow this letter to confirm that, on January 0
13� 2022, Applicant submitted its electronic application through the appropriate forum. This letter supplements the v
electronic filing for purposes of starting the review period. Accordingly, the deadline for written notice of incomplete 4)4)
application is February 12, 2022,and the deadline for issuance of approval is March 14, 2022.
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i Middle Class Tax Relief and Job Creation Act of 2012,Pub.L.No. 112-96,§6409 (2012) (codified at 47 U.S.C.§1455). s
z Acceleration of Broadband Deployment by Improving Wireless Facility Siting Policies,29 FCC Rcd. 12865 (2014) (codified at 47
CFR§1.6100);and Implementation of State&Local Governments'Obligation to Approve Certain Wireless Facility Modification Q
Requests Under Section 6409(a)of the Spectrum Act of 2012,WT Docket No. 19-250 (June 10,2020).
3 See 47 CFR§ 1.61oo(c)(3). 4 See 2020 Upgrade Order at paragraph 16.
The Foundation ffor a Wireless Would
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Packet Pg. 80
2.2.b
9045 River Rd,
CROWN Phone: (317) 249-2028
(X0 CASTLE
Indianapolis, IN 46240 www.crowncasle.com
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Section 6409 Substantial Change Checklist y
Towers Outside of the Public Right of Way Q
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The Federal Communications Commission has determined that a modification substantially changes the physical dimension of a wireless tower or 3
base station under 47 U.S.C. § 1455(a)if it meets one of six enumerated criteria under 47 C.F.R.§ 1.6100. 3
Criteria for Towers Outside the Public Rights of Way
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YES/NO Does the modification increase the height of the tower by more than the greater of: LO
NO (a) 10% �
(b) or,the height of an additional antenna array plus separation of up to 20 feet from the top of p
the nearest existing antenna? r�
YES/NO Does the modification add an appurtenance to the body of the tower that would protrude from the c
edge of the tower more than 20 feet or more than the width of the tower structure at the level of the N
NO appurtenance,whichever is greater? p
YES/NO Does the modification involve the installation of more than the standard number of new equipment Z
NO cabinets for the technology involved or add more than four new equipment cabinets? O
YES/NO Does the modification entail any excavation or deployment outside the current site by more than 30
NO feet in any direction,not including any access or utility easements?
YES/NO Does the modification defeat the concealment elements of the eligible support structure? O
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NO a
YES/NO Does the modification violate conditions associated with the siting approval with the prior approval the
NO tower or base station other than as specified in 47 C.F.R. § 1.6100(c)(7)(i)—(iv)? a.
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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.§1.6too. E
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The Foundation ffor a Wireless Would
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Packet Pg. 81
2.2.b
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 Q
Village of Buffalo Grove Building and Zoning Department(the "Village") will agree the request merits
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approval. With this Narrative Statement, Crown Castle will also provide information about how the 3
subject application constitutes an "eligible facilities request" under applicable federal law and detail —
certain discussions with County staff regarding the subject application.
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Crown Castle owns and manages an existing monopole communication tower facility on a commercial 00
parcel at 185 Milwaukee Avenue. This parcel is located in between Riverwalk Drive and Lake Cook Road c
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 c
heavy foliage and remains primarily out of view. `m
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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 O
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 o
Q.
surrounding communities. C
In order to address coverage and equipment requirements in its network, our customer AT&T Mobility
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("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
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only add to the existing pole. This seems like a better arrangement for all concerned in that it allows
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AT&T to achieve the elevation AT&T seeks without adding another vertical element to the d
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neighborhood.
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The peculiar circumstances in connection with the land is that the tower facility was previously E
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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 0
County and under the regulation of that governing body. Sometime after 1998, the Village of Buffalo 0
Grove became the governing body for zoning and permit review. The Village of Buffalo Grove later a
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 c
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 i�
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 a
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 s
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 Q
provide your constituents with better coverage and connectivity will be vastly improved. If there is
Packet Pg. 82
2.2.b
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, professionals are working from home, and first responders must be 3
able to quickly obtain the information they need to help their neighbors in need.
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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. 3
Among other things, Crown Castle and staff talked about how this modification request is an "eligible 3
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.' z
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Section 6409(a) requires that the Village shall approve, and may not deny, "eligible facilities requests," 00
like the modification proposed in the subject application, when they do not result in a "substantial c
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 c
citizens with each other, with their schools,with their jobs, and with life-saving technologies.
6
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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 O
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 o
antenna array on the tower with a separation of approximately three feet between the bottom of the C
new array and the top of the existing array. The separation of three-feet(measured from bottom of p
new array and top of existing array) is significant to note because, as the FCC clarified in its 5G Upgrade a
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 o
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 E
defined by the FCC,the subject application constitutes an "eligible facilities request"that shall be =
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approved by the Village pursuant to federal law. E
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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. 0
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17.28.040,A.—Criteria for Special Use: a
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17.28.040(A) -Criteria 1.The special use and variance will serve the public convenience at the location rn
of the subject property; or the establishment, maintenance or operation of the special use will not be 0
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detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
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Petitioner's response to 17.28.040(A) - Criteria 1. Petitioner's request will serve the public at the
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location with an existing tower facility that has been twice reviewed, approved, and has served the a
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,
s
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 Q
Infrastructure Order");Accelerating Wireless and Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment,85 Fed.
Reg.45126(July 27,2020)
("FCC 5G Upgrade Order"). The FCC Infrastructure Order and the FCC 5G Upgrade Order are hereinafter referred to collectively as the"FCC
Orders."
Packet Pg. 83
2.2.b
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.
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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 3
property in relation to such special use, and the location of the site with respect to streets giving access 3
to it shall be such that it will be in harmony with the appropriate, orderly development of the district in
which it is located; Z
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Petitioner's response to 17.28.040(A) - Criteria 2: Petitioner's request is to place the second carrier's L
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 c
24 years, maintained and kept free of debris. While the second carrier will increase the communications N
infrastructure,the intensity of operating the facility will remain primarily unoccupied, requiring only z
occasional inspections.
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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 c
neighborhood; a
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Petitioner's response to 17.28.040(A) - Criteria 3: As previously stated,the existing facility has twice G
previously gained approval for the use. The proposed collocation will allow the facility to remain a
essentially out of sight while enhancing connectivity for the community.
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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 0
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and use of adjacent land and buildings in accord with the zoning district within which they lie;
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Petitioner's response to 17.28.040(A) - Criteria 4: As previously stated,the equipment will be placed Q
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 o
of new tower facilities. o
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17.28.040(A) -Criteria 5. Adequate utilities, access roads, drainage, and/or other necessary facilities
have been or will be provided; y
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Petitioner's response to 17.28.040(A) - Criteria 5: The utilities, access road, and proper drainage are on v
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
_
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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.
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2.2.b
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.
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17.28.040, B.—Criteria for Special Use: The special use and variance shall in all other respects conform a
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 3
Section 17.44.040(D)unless varied. 3
Petitioner's response to 17.28.040, B: The existing and proposed facilities conforms to Section z
17.44.040(D). LO
17.28.040, C.—Criteria for Special Use:The Planning and Zoning Commission may recommend and the ,o
Corporate Authorities may impose such conditions and restrictions upon the subject property, the
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location, the construction and design of buildings and use of the property benefited by such special use Co
as may be necessary or appropriate to comply with the foregoing criteria. N
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Petitioner's response to 17.28.040, C: Petitioner is open to discuss conditions that are compliant with
i
the aforementioned Section 6409(a) and the FCC Infrastructure Orders. Given that the Application O
proposes an EFR as such term is defined in federal law,the Application is entitled to streamlined review
pursuant to federal law.
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17.28.040, D.—Criteria for Special Use: Notwithstanding Chapter 17.52,the Planning and Zoning 0-
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Commission may recommend and the Corporate Authorities may vary the regulations of the zoning a
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district in which the special use is located subject to meeting the criteria of Section 17.52.070(A)(1)—(3), a
except for planned unit developments which shall meet the general objectives of Section a,
17.28.050(A)(1)—(7). o
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Petitioner's response to 17.28.040, D: Petitioner is confident that the board will approve the variation
with consideration of Section 6409(a) and the facts at hand. E
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After recording mail to:
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Village Clerk a=i
Village of Buffalo Grove Q
Village of Buffalo Grove 4)
50 Raupp Boulevard 3
Buffalo Grove,IL 60089 3
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2/1/2006 °
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ORDINANCE 2006- 7 c
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AN ORDINANCE APPROVING REZONING
TO THE B-3 PLANNED BUSINESS CENTER
VILLAGE OF BUFFALO GROVE, 0'0
COOK AND LAKE COUNTIES, ILLINOIS a
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185 Milwaukee Avenue
(Southeast corner of Milwaukee Avenue/Riverwalk Drive) a
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WITNESSETH: °
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WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of E
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the Constitution of the State of Illinois of 1970; and, E
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WHEREAS, the subject site commonly known as 185 Milwaukee Avenue and hereinafter —
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referred to as the"Property", is legally described in EXHIBIT A attached hereto; and,
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WHEREAS, the Property is an 0.89-acre tract zoned in the Residential Estate District
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pursuant to Village Ordinance No. 2004-32;
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WHEREAS,LaSalle Bank National Association,successor Trustee under Trust Agreement N
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dated March 29, 1993 and known as Trust No. 4328 (Daniel P. Casale being the sole beneficiary
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thereof) , is the owner of the Property [hereinafter referred to as the"Owner"]; and, o
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WHEREAS,the Property is currently occupied by a commercial building(formerly used for E
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Packet Pg. 91
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restaurant facilities), and three communications towers with antenna facilities and ground level
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equipment shelters serving said antennas; and, a
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WHEREAS, development of the Property, including construction of the commercial
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building, parking areas, communication towers and antennas and equipment shelters occurred �
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under the zoning authority of the County of Lake, Illinois; and, 00
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WHEREAS,the Owner has petitioned to the Village for rezoning of the Property to the B-3
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Planned Business Center District with the intention of securing a tenant for the vacant commercial N
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building and to maintain the use of the current communications towers; and,
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WHEREAS, the Property is not in compliance with certain standards of the Village's B-3
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zoning district, including the building setback and landscaped yard along Milwaukee Avenue a
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and the landscaped yard along Riverwalk Drive; and, o
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WHEREAS,the existing communications towers are not in compliance with the Village's s
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zoning regulations as set forth in Title 17— Zoning Ordinance of the Village's Municipal Code;and, _
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WHEREAS,the Village's 1998 Comprehensive Plan designates the Property for commercial
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use; and,
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WHEREAS, the Village supports continued commercial use of the Property, including °_
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redevelopment for uses that generate retail sales tax, and the Village intends to cooperate with the a
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Owner and users of the commercial building to establish and maintain viable retail-sales producing 0
businesses on the Property; and,
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WHEREAS,pursuant to due notice and advertisement, the Village President and
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Board of Trustees (sometimes hereafter referred to as the "Corporate Authorities") held a public
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hearing and made its findings and recommendation pursuant to the requested rezoning to the B-3
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District; and,
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Packet Pg. 92
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WHEREAS, The President and Board of Trustees of the Village find that rezoning of the
a)
Property to the B-3 District is consistent with the Village's planning for the area and is compatible a
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with the use and zoning of adjacent properties; and, 3
WHEREAS, the President and Board of Trustees of the Village after due and careful
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consideration have determined that use of Property on the terms and conditions herein set forth
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would enable the Village to control development of the area and would serve the best interests of the
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Village. c
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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
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TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
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ILLINOIS: a
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1. Applicable Law. This Ordinance is made pursuant to and in accordance with the
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Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The
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preceding whereas clauses are hereby made a part of this Ordinance.
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2. Enactment of Zoning Ordinance. The Corporate Authorities hereby rezone the
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Property to the B-3 Planned Business Center District,subject to the conditions contained herein and
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in compliance with all applicable ordinances of the Village as amended from time to time. c
3. Compliance with Applicable Ordinances. Owner shall comply with all ordinances of
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the Village as amended from time to time in the use and development of the Property,provided that 0
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all new ordinances,amendments,rules and regulations relating to zoning,building and subdivision c
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of land adopted by the Village after the date of this Ordinance shall not be arbitrarily or 4)
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discriminatorily applied to the Property but shall be equally applicable to all property similarly
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zoned and situated to the extent possible.
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4. Exhibits. The following Exhibits, some of which were presented in testimony
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given by the Owner or the witnesses during the hearing held before the Corporate Authorities prior
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to the execution of this Ordinance, are hereby incorporated by reference herein,made a part hereof a
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and designated as shown below. 3
EXHIBIT A Legal Description
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EXHIBIT B Plat of Survey dated August 31, 2005 by Howard
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Surveying Company, Inc.
EXHIBIT C Owner Acceptance and Agreement c
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GROUP EXHIBIT D Leases concerning communications towers Z
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5. Enforceability of the Ordinance. This Ordinance shall be enforceable in any court of
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competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure a
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the performance of the covenants herein described. If any provision.of this Ordinance is held o
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invalid,such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not
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affect any of the other provisions contained herein.
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6. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property,
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the parties hereto and their respective grantees, successors and assigns.
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7. Corporate Capacities. The parties acknowledge and agree that the individuals that c
are members of the group constituting the Corporate Authorities are enacting this Ordinance in their
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official capacities as members of such group and shall have no personal liability in their individual c
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capacities.
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8. Notices. Any notice required pursuant to the provisions of this Ordinance shall be
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in writing and be sent by certified mail to the following addresses until notice of change of address is c
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given and shall be deemed received on the fifth business day following deposit in the U.S. Mail.
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If to Owner: Daniel P. Casale
215 Miller Road a
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North Barrington, IL 60010 Y
Copy to: Larry M. Clark, Esq. 3
Attorney at Law
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700 North Lake Street, Suite 200
00
Mundelein, IL 60060
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If to Village: Village Clerk o
Village of Buffalo Grove N
50 Raupp Boulevard Z
Buffalo Grove,IL 60089
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Copy to: William G. Raysa, Esq.
Raysa &Zimmermann,LLC o
22 South Washington Avenue Q
Park Ridge, IL 60068 a
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9. Special Conditions. The following, special conditions shall be applicable to the c
Property. _
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A. Occupancy of the commercial building is limited to businesses wherein the
primary business generates retail sales tax.Any other use of the commercial E
building is subject to approval by the Village in its sole discretion. Q
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B. Any modifications to the commercial building, parking areas, landscaping °
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and signs on the Property are subject to approval by the Village in its sole
discretion.
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C. The communications towers and related antennas and equipment shelters on c
the Property shall not be modified or expanded unless approved by the S?
Village. The Village hereby acknowledges its intent to allow reasonable and ti
necessary maintenance of the existing facilities to ensure proper technical c
performance and safety. In the event that a tower, antenna or equipment a
shelter sustains damage that is less than 50 percent of the value of said
facility, said facility may be re-constructed to its size and composition prior =
to the damage,except that exterior materials for the equipment shelters shall
0
be brick or a similar masonry construction approved by the Village.
Landscaping shall be provided around the exterior of the equipment shelters E
if the Village determines that said landscaping would enhance the property
without endangering public safety. If a tower is damaged to 50 percent or
a
Packet Pg. 95
6
greater of the cost of reconstruction, said tower shall be removed from the
Property pursuant to the regulations of the Village Zoning Ordinance
pertaining to non-conforming uses. Any costs incurred by the Village, a
including but not limited to attorneys' fees,to determine the valuation of the Y
tower and other facilities and the amount of damage that has occurred shall 3
be reimbursed to the Village by the Owner. —
D. Owner shall not extend the current leases as set forth in Group Exhibit D LO
attached hereto nor enter into new leases concerning the communications 00
facilities on the Property. In the event that the use of any tower, antenna or
equipment shelter is discontinued said equipment shall be removed from the
Property as soon as possible but not more than six months after the use c
ceases. If the use of any tower, antenna or equipment shelter is discontinued c
for a period of one year,said use shall be considered abandoned pursuant to Z
the regulations of the Village Zoning Ordinance pertaining to non-
0
conforming uses.
E. It is acknowledged that a future commercial use on the Property may benefit o
from signage that exceeds the standards of the Village's Sign Code. The a
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Village will entertain a petition for variation of the Sign Code for future a
signage on the Property. o
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10. Effect. This Ordinance shall be in full force and effect from and after it passage and °0
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approval, subject to the Owner's execution of the Acceptance and Agreement attached hereto as E
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Exhibit C , incorporated herein and made a part hereof, and the filing of said executed Acceptance E
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and Agreement form with the Village. This Ordinance shall not be codified. -
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AYES: 5- Braiman,Berman, Kahn, Trilling, Rubin
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NAYS: 0—None v,
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ABSENT: I - Glover
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PASSED: February 6, 2006 0
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APPROVED: February 6, 2006 E
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ATTEST: APPROVED: 3
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Vithige Clerk ELLIOTT HARTSTEIN,Village President LO
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This document was prepared by:
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Mail to: Village Clerk O
Village of Buffalo Grove
Village of Buffalo Grove
50 Raupp Boulevard d
Buffalo Grove,IL 60089 0
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EXHIBIT A 3
Legal Description
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185 Milwaukee Avenue,Buffalo Grove,Illinois L
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Lots 1,2,3,4,5 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 N
of the Third Principal Meridian, according to the plat thereof recorded July 10, 1926 as Document c
No.282352,in Book"P"of Plats,Page 92,together with that part of the vacated alley lying east of Z
Lots 1 through 7 and west of Lots 16 and 17 and lying north of the easterly prolongation of the south I-
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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.
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SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 0.89-acre tract on the southeast
corner of Milwaukee Avenue [IL Route 21] and Riverwalk Drive, also known as 185 Milwaukee Avenue, a
Buffalo Grove,IL.
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PINS:
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15-35-402-127 15-35-402-130 15-35-402-133
15-35-402-128 15-35-402-131 15-35-402-134 E
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15-35-402-129 15-35-402-132 15-35-402-135 c
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P.L44T OF SURVTY
Lots 1,2 4 4.A G the Nwlh 12.36 feet of Lot 7 and Lois 16 and 17/n Block 7 to UNIT NO.1 in COLUMBIAN OAROEN$,
being a SubakWon of part of Seetlan 35 TownshO 43 North,Rongo It East of the filed Prfnctpol Nerkltmr,a,por&g
to the plot thereof,recordau a(ry la 1926 as-Document 182352 in Book'P•of Plots,page 92,together with thol port
of wrnted oeey 1f79 East of Lots 1 through 7 and West of Lots 16 and 17 and lying North of the Eostedy
prolongation of the South!fore of me North 12.36 foci of Lot 7 as recorded on June 8,2001 as Document 4705803,
(—Ptil'g there/om that Pwt token/n eminent domain coses 92ED75 and 92ed79)/n Lake CamtK Mots.
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EXHIBIT C 3
Petitioner acceptance and agreemcut concerning rezoning to theLO
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B.3 Planned Business Center District o
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185 Milwaukee Avenue ~
Southeast corner of Milwaukee Avenue tIL Route 21j and Riverw alk Drive N
�CtiICAGO TITLE LAND TRUST COMPANY o
AS SUCCESSOR TRUSTEE TO
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f LaSalle B,%*National Association,successor Tnistec under Trust Agreement dated March 29,1 o w L
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sod known as Trust No, 432$°and Daniel P. Casale being the sole beneficiary thereof do hereby T� o
accept and agree to abide by atlti be bound by cash of the terms,COW'iesks and limitations sot forth �y��
in Ordinance No. 2006-_ duly passed and approved by the Village of Buffalo Grove, Illinois y���o� 'o
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rezoning the Property described in Said U�rdiriance to the 13-3 Planned Business Center Distz:ct. c Q f B o
NOT PERSO c c 9 c;. Q
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7ht'.undersigned acknowledge that they have read and understUnd all of the terms and provisions o P W
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said Buffalo CTWve Ordinance No.20U6-_,and do l reby ackitowleci C axed cdz:scnt to each and U�,=� s
_ and conditions f said Ordinance.
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Cell Tower Leases for 185 Milwaukee Avenue(Daniel Casale) c
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1. Nextel Site Lease dated April 4,2000. N
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2. Sprintcom, Inc. Lease executed by SprintCom,Inc. on June 23, 1998 and o
by Owner on August 1, 1998. >'
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3. Voicestream Gsm I(T-Mobile)site Lease with Option executed by Voicestream C
on July 30,2002 and Landlord on July 15, 2002. o
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4. Ameritech Lease executed by Tenant on June 2, 1993 and by Landlord on o
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STATE OF ILLINOIS ) ss.
COUNTY OF COOK ) �'
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CERTIFICATE Q
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1, Janet M. Sirabian, certify that I am the duly elected M .
and acting Village Clerk of the Village of Buffalo 3
Grove,Cook and Lake Counties, Illinois.
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I further certify that on February 6; 2006 the L
Corporate Authorities of the Village passed and
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approved Ordinance No. 2006-07 entitled: AN o
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ORDINANCE REZONING THE PROPERTY AT 185 p
MILWAUKEE AVENUE TO THE B-3 PLANNED BUSINESS Z
CENTER DISTRICT provided by its terms that it should
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be published in pamphlet form. >+
The pamphlet form of Ordinance No. 2006-07,
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including the Ordinance and a sheet thereof, was
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prepared, and a copy of such Ordinance was posted `
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in and at the Village Hall, commencing and
continuing for at least ten days thereafter. Copies of s
such Ordinance were also. available for public o
inspection upon request in the Office of Village _
Clerk.
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Dated at Buffalo Grove,Illinois,this 6th day of Q
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February,2006.
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3.B.1
11/2/2022
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 2, 2022
Call to Order
The meeting was called to order at 7:30 PM by Chairman Frank Cesario
Public Hearings/Items For Consideration
1. Consider Variation Requests to the Fence Code, Pertaining to Residential Districts for the
Purpose of Installing a 3-Foot Open Style Fence and a 5-Foot Semi-Open Style Fence
that Extends Beyond the Front Line of the Building, Within 45 Feet of an Intersection and
Within the 4-Foot Required Corner Side Yard Setback for a Fence at 151 Weiland Road
(Trustee Pike) (Staff Contact: Kelly Purvis) o
Mr. Binder,Associate Planner for the Village, provided a brief description of the fence
variations requested from the fence code and showed various photos of the property. a
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He indicated that a 3-foot open-style fence is proposed in the front yard of the subject
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property and o five foot semi-open style fence is proposed in the corner side yard and coy
rear yard.
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Mr. Binder noted that the fence would be located within the corner side yard setback N
(nearer than four feet from the property line)and would be within 45 feet of the N
intersection. o
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He indicated that the proposal has been reviewed by engineering staff which does not o
have any concerns and that there would not be any sightline issues. d
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Mr. Binder indicated that staff is in support of the variances requested. c
The petitioner, Mr. Chandippa, was sworn in. He spoke about the expansion of Weiland
Road, and the installation of the sidewalk in his front yard. He noted that people trespass c
on the property and pick the fruit from his trees. He also showed photos of the protective Q
covering on the bathroom windows that was recently scratched off and indicated that 4)
his property has been vandalized recently. a
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Mr. Chandippa indicated that he and his wife are requesting the fence to prevent
trespassing and vandalism on the property. He also mentioned that they wish to keep
their son away from Weiland Road, which is very busy.
Com. Khan noted that he went by the house before the meeting and that he agrees that
the area has changed since expansion of Weiland Road. He stated that the petitioner's
property has an open view from Armstrong and that he can see how it would be a "cut
through". He also asked questions about the transition height of the fence and why they
are not closing access to the back yard.
The Petitioner responded that the trees do a pretty good job of keeping people out from
the front.
Com. Khan stated that he wants to make sure that the proposed fence will indeed solve
the issues described by the Petitioner.
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3.B.1
11/2/2022
Com. Weinstein asked questions about the style offence and how it will be treated. He
also mentioned that the fence would be within the easement and could conflict with
utilities.
Com. Worlikar asked what the purpose of bringing the fence right up to the sidewalk is.
The Petitioner responded that it provides a move level surface and avoids existing
landscaping.
Com. Richards asked if the Petitioner has spoken to the neighbors.
Chairman Cesario asked for clarification from staff that the 3 foot fence would not
create a sightline issue.
The public hearing closed at 7:53 pm ;
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Com. Weinstein made motion that the PZC grant variations to Section 15.20 of the
Buffalo Grove Fence Code to allow a 3-foot open style fence and a 5-foot semi-open style o
that extends beyond the front line of the building, within 45 feet of an intersection and
within the 4-foot required corner side yard setback at 151 Weiland Road,provided the o
fence shall be installed in accordance with the documents and plans submitted as part of a
the petition. a
Com. Richards seconded the motion. a
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Com. Worlikar suggested it would be helpful to know how far back the fence could be
moved from the corner side property line and away from the sidewalk. N
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Chairman Cesario asked the petitioner if he would be comfortable with pushing the fence `"
back four feet from the property line to comply with the Fence Code. �
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Mr. Chandippa indicated that he would be ok with moving the fence four feet from the Z
property line, to comply with the Code. �°,
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Com. Moodhe indicated that this situation is unique because the property fronts on
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Weiland Road. He noted that it will be easier to see through the proposed picket fence g
than board on board and that he appreciates that the petitioner was open to that. 6
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Com. Spunt indicated that he would also like to see the fence pushed back 4 feet from ca
sidewalk and asked if the fence would interfere with drainage patterns on the property. a)
Chairman Cesario commented that there is commercial activity adjacent to the property a
and that there is no question that he is entitled to the taller fence along the corner side
property line. He acknowledged the change in the space around the property due to the c
expansion of Weiland Road. He agreed that the open style fence in the front yard is safer
and will make people feel more comfortable but, will still give the property owner the
privacy they need.
Com. Worlikar indicated that he is sympathetic and supportive to the Petitioner and glad
he is ok with the 4 foot additional setback from the corner side property line. He
indicated that the fence being closer to the property line may create a hazard for the
neighbor backing out of their driveway.
The motion was amended to remove the four foot variation from the corner side yard
setback.
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3.B.1
11/2/2022
RESULT: APPROVED [UNANIMOUS]
AYES: Moodhe, Spunt, Cesario, Khan, Weinstein, Au, Richards, Worlikar, Davis
2. Petition to the Village of Buffalo Grove for an Amendment to the Restated Annexation
Agreement and Planned Unit Development Approved by Ordinance No. 2003-10, an
Amendment to the Preliminary Plan, and Approval of an Off-Street Parking Facility Use at
325 N Riverwalk Drive (Trustee Ottenheimer) (Staff Contact: Kelly Purvis)
Associate Planner,Andrew Binder showed the proposed site plan and reviewed the
approvals necessary for the construction of the 360-stall parking lot on the property.
The Petitioner, Mike Rolfs of Hamilton Partners, was sworn in.
Mr. Rolfs indicated that negotiations on the land lease started right after Covid, and that
CVS/Caremark made a decision to move their offices out of Northbrook. He indicated
that CVS/Caremark thought they would need more parking than is currently available in c
the parking structures. He noted,per their lease agreement, they have the right to give
the property owner notice upon a need for more parking, and the property owner
(Hamilton Partners) will build the parking lot that is presented tonight. Mr. Rolfs c
indicated that CVS/Caremark have consolidated most of their operations here in Buffalo Q,
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Grove and that he hopes they will expand. a
Com.Au asked why they want to expand parking now. She indicated that she used to a
work in Riverwalk-2 pre-covid, and there was always parking. She asked why they are c
speculating for this need for parking before it has been determined that it is needed.
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The Petitioner responded that he is not requesting final approval and that they would c
still need final engineering approval, etc. before they would be able to build the parking `-4
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lot. He noted that he would like to be able to move quickly should the need arise for the a
parking. z
Com. Davis asked if there is a specific occupancy trigger or data that would trigger the y
need for the parking lot to be constructed.
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The Petitioner responded that nobody really knows what is going to happen with hybrid 2
and work from home models, but CVS/Caremark have a use/person calculation that they 6
use to determine the parking need. Based on the number of anticipated employees, they r_
think they may need more parking than what is available. Q-
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Com. Davis indicated that he drove through the garages the day before and they were a
pretty empty. He asked what the occupancy of the garages are. y
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The Petitioner responded that a lot of larger companies have not fully come back to the c
office yet. He estimated that the parking structure is only 25%occupied at this time.
Com. Moodhe asked staff, if this proposal is approved, what part of the original PUD
approval would be off the table for future development.
Staff indicated that this proposal would supersede the prior approval. The previously
proposed office building with structured parking would no longer be part of the
approved PUD. Staff noted that in the future, if they wished to build the office building
and parking structure, they would need to come back for approval of another
amendment to the preliminary plan and PUD.
The Petitioner indicated that they are looking at this as a temporary measure and that
the most likely future use on the site will be residential. He indicated that he would like
to reserve the right to construct the office building/and or residential in the future.
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3.B.1
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Com. Moodhe asked if they had given any thought to constructing a parking deck.
Mr. Rolfs responded that a parking deck would be for too expensive.
Mr. Rolf spoke about the topography on the property and indicated that the existing
berms will provide good screening of the parking lot.
Com. Spun asked if the parking would only be for CVS employees.
The Petitioner responded, yes.
Chairman Cesario confirmed with staff that there are no variations being requested for a
use that is permitted by right.
Staff agreed with Chairman Cesario.
There were no public comments. c
The public hearing was closed at 8:31pm. o
Com. Weinstein made motion that the PZC recommends approval of the Amendment to >
the Restated Annexation Agreement and Planned Unit Development approved by °
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Ordinance No. 2003-10, an Amendment to the Preliminary Plan, and approval of an off- Q-
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street parking facility use at 325 N Riverwalk Drive, subject to the following conditions:
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1. The proposed development shall be developed in substantial conformance to the
plans attached. c
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2. The Petitioner shall comply with all applicable Village codes, regulations, and
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policies. o
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3. Any incidental or directional signage proposed will be reviewed by Village staff.
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4. Prior to the issuance of any building permits for construction of the new off- Q.
street parking facility, the total parking count for the office uses will be reviewed and a)
accommodations shall be made to the parking lot at 2100-2150 Lake Cook Road in a
compliance with the Illinois Accessibility Code(regarding the number of accessible
parking spaces and location of the accessible spaces).
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Com. Moodhe seconded the motion.
Com. Moodhe noted that there was a letter from a resident included in the PZC packet.
He noted that even though a parking lot is not his favorite use for the site, it is probably
better than an 8-story office building. He indicated that he is supportive of the request if
it brings potential for more corporate business to the Village.
Com. Davis stated that he is struggling with the request because it is based on
speculation of what the need might be. He noted he doesn't think it makes a lot of sense
in our current environment and that there is a reason why those buildings haven't been
constructed-there is no need.
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3.B.1
11/2/2022
Com. Weinstein agreed with Com. Davis and noted that he is also a little hesitant. He
noted the property has been sitting undeveloped this long and that they would be
replacing vacant green space with potentially vacant concrete. He also noted that the
parking lot will be well screened and will not be very visible and that he trusted that
CVS/Caremark know their business and their need for the parking.
Chairman Cesario stated that approval of the parking lot tonight removes the owner's
right to build the eight-story building. He noted, they can leave here tonight, and
construct that project. He suggested that the current proposal for overflow parking is a
more acceptable proposal and is better for the Village and tenant. Hard stated it is hard
to argue with better for everyone.
RESULT: APPROVED [8 TO 1]
AYES: Moodhe, Spunt, Cesario, Khan, Weinstein, Au, Richards, Worlikar 3
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NAYS: Jason Davis
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Regular Meeting c
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Q.
Other Matters for Discussion °-
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Approval of Minutes
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1. Planning and Zoning Commission - Regular Meeting -Aug 17, 2022 7:30 PM
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RESULT: ACCEPTED [8 TO 0] c
AYES: Moodhe, Spunt, Cesario, Weinstein, Au, Richards, Worlikar, Davis `"
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ABSTAIN: Zill Khan >
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Chairman's Report o
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Chairman Cesario gave his chairman's report.
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Committee and Liaison Reports
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Com. Moodhe reviewed the Village Board meeting he attended and the PZC items that were Q.
approved by the Village Board. a)
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Staff Report/Future Agenda Schedule a
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Staff indicated that there are two upcoming cases for November 16, 2022, agenda.
Public Comments and Questions
Adjournment
The meeting was adjourned at 8:40 PM
Kelly Purvis
APPROVED BY ME THIS 2nd DAY OF November , 2022
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