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2024-02-05 - Ordinance 2024-016 - APPROVING AN AMENDMENT TO THE SPECIAL USE AND PRELIMINARY PLAN APPROVED BY ORD 2023-021 AND ZONING VARIATIONS FOR 1650 LEIDER LN r 1 ORDINANCE NO.2024-016 AN ORDINANCE APPROVING AN AMENDMENT TO THE SPECIAL USE AND PRELIMINARY PLAN APPROVED BY ORDINANCE NO.2023-021, AND ZONING CODE VARIATIONS FOR 165o LEIDER LANE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS Public Works Facility CelLutar Tovcrer 165o Leider Lane WHEREAS,the Village of Buffalo Grove is a Home RuLe Unit by virtue of the Illinois Constitution of s97o;and WHEREAS,165o Leider Lane, BuffaLo Grove, IL("Property")is a 9.3-acre site in the I Industrial District vvhich is currently improved With a vacant 173,00o square foot building and is hereinafter Legally described in Exhibit A;and WHEREAS,the Village of BuffaLo Grove Public Works Department,("Petitioner")has filed a petition to alloW the construction of a 12o-foot celLular toWer on the subject property, and is requesting the folloWing approvals: 1. An amendment to the Special Use and Preliminary Plan approved by Ordinance No.2023-021 to alloW a ceLluLar toWer on the subject property in the Industrial District; 2. The follovciing Zoning Variations: a. A Variation from Section 17.48.ozo to alLovv a celluLar communication tovver more than 80- feet in height; b. A Variation from Section 17.32.02o to aLLovv a ceLlular communication tovver(accessory structure)to be constructed in the side yard cLoser to the street than the midpoint of the principal building; c. A Variation from Section 17.48.02o to allovci a celLular communication tovcier to be a distance less than the height of the tovcier from the property lines;and WHEREAS,the Village Planning &Zoning Commission conducted a public hearing on January 17,2024,concerning the petition for approvaL of the amendment to the Special Use and Preliminary Plan granted by Ordinance No.2023-021,and the above noted Zoning Variations;and WHEREAS,the Planning&Zoning Commission made findings and determined that the petition meets the criteria for Special Uses and Variations as set forth in the Buffalo Grove Zoning Ordinance,as described in the minutes attached as Exhibit C;and WHEREAS,the Planning&Zoning Commission voted 5 to o to unanimously recommend approval of the requested amendment to the Special Use and Preliminary Plan granted by Ordinance No.2023-021 and the Zoning Variations;and WHEREAS,the President and Village Board of Trustees after due and careful consideration have concluded that the proposed amendment to the Special Use and Preliminary Plan granted by Ordinance No.2023-021 and the Zoning Variations are reasonable and Will serve the best interests of the VilLage;and , WHEREAS,the proposed project shall be constructed in accordance vciith and pursuant to the folloWing exhibits: EXHIBIT A Legal Description of the Property EXHIBIT B Plan Set EXHIBIT C Draft Minutes from the January 17,2024, Planning&Zoning Commission Meeting NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOKAND LAKE COUNTIES, ILLINOIS: SECTION s. This Ordinance is made pursuant to and in accordance vciith the Village's Zoning Ordinance and the Village's Home Rule povvers.The preceding vcihereas clauses are hereby made a part of this Ordinance. SECTION 2. The Corporate Authorities hereby adopt a proper,valid,and binding ordinance approving the amendment to the SpeciaL Use and Preliminary Plan granted by Ordinance No.2oz3- 021 and the Zoning Variations for the Property at 165o Leider Lane, BuffaLo Grove, IL,subject to the folloWing conditions: A. The proposed project shall be constructed in substantial conformance With the pLans attached as part of the petition. B. The Special Use is granted to the Village of BuffaLo Grove PubLic Works Department to construct a ceLlular toWer at 165o Leider Lane,Which shalL not run�with the�and. C. The Special Use granted to the Buffalo Grove PubLic Works Department is assignabLe to subsequent petitioners seeking assignment of this special use as folloWs: a. Upon application of a petitioner seeking assignment of this Special Use,the Corporate Authorities, in their sole discretion, may refer said app�ication of assignment to the appropriate commission(s)for a public hearing or may hold a public hearing at the ViLlage Board. b. Such assignment shall be valid only upon the adoption of a proper,vaLid,and binding ordinance by the Corporate Authorities granting said assignment,vvhich may be granted or denied for any reason. ' SECTION 3. This Ordinance shall be in full force and effect upon passage. This Ordinance shall not be codified. AYES: 5-Johnson,Cesario,Stein, Bocek,Weidenfeld NAYES: o-None ABSENT: 1-Ottenheimer PASSED: February 5.2024 APPROVED: February 5.2oza PUBI-E�,H�D: February 6,2024 Z•a�„�...7.,;�'3 �.�� %�:,�,�:y A��" �-`��% APP ED: ` `'_- �� =_�'',i .�,�',t.� 4�.. V:i� :1� �.�3.'Lti' �'�``��G` V✓�. �.--� N�a F i:� �P_-_ I.mLYV V,r1ti .�ne �`�'� �Y.ai�' hL,...�CiLla�e CLerk Eric N.Smith, ' ge President � `- = � � JJ�IfJ�l y��\`�\a�\ ��Yt.JY'i'�:�s.l^1�t EXHIBIT A Legal Description Public Works Facility Property 165o Leider Lane LOT 3 IN THE FINAL PLAT OF APTAKISIC CREEK CORPORATE PARK, BEING A SUBDIVISION OF PART OF THE NORTHWEST %a OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 11, 2008 AS DOCUMENT NUMBER 6379848, IN LAKE COUNTY, ILLINOIS. PIN: 15-27-�os-oso EXHIBIT B Plan Set Public Works Cellular Tovver s65o Leider Lane � �� ` �� MEMORANDUM DATE: January 11, 2024 TO: Kelly Purvis, Deputy Community Development Director FROM: Jim Warnstedt, Deputy Director of Public Works SUBJECT: Public Works Communication Antenna Narrative Overview The Village of Buffalo Grove Department of Public Works is seeking approval to construct a new antenna tower at the new Public Works facility at 1650 Leider Lane. The proposed tower would be 120 feet tall, self-supporting with mounted antennas and have anti-climb shields on the sides of the tower base. The communications devices mounted on the towers would only be Village specific devices, and no commercial use devices are proposed. The tower is critical to the connectivity of Public Works communications and would support our efforts to serve our residents effectively and efficiently during daily activities as well as emergency situations. , > � ; �o °' o � � e� 3 � ` Q � 3� 3 S N � �C Y � �� s Z � � � u�i�i i� � � � i�i i� �- o m ,L : �� U `�"' U OFY ; il,l,i= � m Z� i� �� d � y �� '. i i I� �a �� - � � am w . i�i �! Z 4 oa � `Bii i i """"""" ' I �W I I J ' A LL O ' ��I I I' LL Q.' •' IB I I m� I I I�I . y � I I t � �.`11 1� � _� w ' � p .� Z � y �§ �O ~' o& 6^ N O Fe t^ i 7 � � �� r � 'q iQ m i Gw��il � �� 3� y NZ�n � q�Na ; C f� m� W i��7� i � �u7 �� r� _�� 3Nb!l a34131 z � , � It �t�--------------- - ----------------- --- - - ---- Z � ------- o � , ; ; � I N 1 //�� 5 W � § ' o2f � 4 e �-�!�-y � 4 n_ � � g' v g= � � , Z I q i �i C7 C7 i Z � ��. a � g � a a ' � h r, � � C� � a I � a � b g i � � { ' a 9� � � /� b W p � Y'y & o� a o� Y � b Fw b�� I G� ° . 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' �� .s�s.. �. ._ .'s�' �..r_�. .r1 . .. � � ^� , _ f' .:'�r�,,+,1�.. 1. � ' �r.♦.. Sn' _ � ��. 1 �' .. i . �♦Y. , ' ' • .•� . t � ��ri.:w S`�{ • . .yyY,.t��4��y,� �'' `�' +� Sf �� `�`'tiL.��i i . � �� ;�t, � '-�;.. . a`:l�V{. � ��yyj�r.t. . s•' t ' . �. � 4 .�S . � y'4f'v. �X. "iXf�'. ��y . � .. � 'hS. �"7 k� � t � .. � �.. ., •Y "G. ,. t.•�i�i.{•��.4Rj 1 '�y,,�� v�. 1" 4 �p W.�.1 . ' � . . - . . , a ;.. �h S',i,� ti�w.,k �'° 4 . . , . . .r . �� r. , _ � . . ,��.� , . � . • ` ,`. 1 1 . . �t ' .. . . A i�'11'��\ ,h�� + ' . � y l . . . . �~ R . � � . � S}\. . . f � '� . . . . .., . \�. � . ��: ' � r a♦ � 4.. -\ y • . s`. � � -°• . . , ��r� � � '. �.�� . ,;�,� , , ,� , , . . . �, � � ' ~;�� '''. ��.�� 1��c� �� During your testimony at the Public Hearing,you need to testify and present your case for the Special Use being requested. In doing so,you need to address the six(6)Special Use Standards listed below: SPECIAL USE STANDARDS 1. The special use will serve the public convenience at the location of the subject property;or the establishment,maintenance or operation of the special use will not be detrimental to or endangerthe public health,safety,morals,comfort,orgeneral welfare; Response: Confirmed. The installation of the communications tower will be a benefit to the public through providing emergency operations-related communication capabilities. The tower is built to industry standards and will be used to support the pubiic safetv reauirements of the Viliase. In no way will t6e requested special uses be detrimental to or endanger the public health,safety,morals,comfort,or general welfare. 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 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; Response: The construction of the tower at a hei�ht�reater than 80 feet in this nei�hborhood will be in harmonv with the district. 3. 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; Response: Confirmed. 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. 4. The nature,location and size of the buildings or structures involved with the establishment of the special use will not impede,substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Response: Confirmed. 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►ie 5. Adequate utilities,access roads,drainage,and/or other necessary facilities have been or will be provided; Response: Confirmed. Adequate utilities,access roads,drainage,and/or other necessary facilities bave been accounted for in the design of the requested special uses. 6. Parking areas shall be of adequate size for the particular special use,which areas shall be properly located and suitably screened from adjoining residential uses,and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. Resaonse: Confirmed.Parking areas will comply with these reguirements. ��.�� ,� � �� '��i�,��'� During your testimony at the Public Hearing,you need to testify and present your case for the variance being requested. During your testimony,you need to address the three (3)Variation Standards listed below: Criteria for Zoning Variation. A. The regulations of this Title shall not be varied unless findings of fact are made based upon evidence � presented at the hearing that: 1. 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 in which it is located except in the case of residential zoning districts; Resuonse• This requested variance is the construction of a telecommunications tower for the use of Village communications at the new adjacent Public Works and EMA facility. The additional height is necessary for proper operation of direct line of sight for the microwave antennas to be mounted on the tower and the increased size over the 80'level is necessary to accommodate the necessary additional required communications equipment for public safety.The facility's feasibility as a base of operations for the Department of Public Works is dependent on the requested zoning variance for the property to support the proposed use. The installation of the proposed communications tower is essential to providing necessary communication between Village facilities and other coordinating agencies. 2. The plight of the owner is due to unique circumstances; Response• This requested variance is the construction of a telecommunications tower for the use of Village communications at the new adjacent Public Works and EMA facility. The additional height is necessary for proper operation of direct line of sight for the microwave antennas to be mounted on the tower and the increased size over the 80'level is necessary to accommodate the necessary additional required communications equipment for public safety.The inability for communications between other Village facilities and coordinating agencies will make this facility not feasible. 3. The proposed variation will not alter the essential character of the neighborhood Response• The industrial nature of the public works garage and the surrounding area will not be altered by the construction of the communications tower at this location. The existing adjacent properties are utilized for similar commercial and industrial uses. EXHIBIT C Draft Minutes from the January 17,2024,Planning&Zoninp Commission Meeting Public Works Cellular To�wer 165o Leider Lane 01/17/2024 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,JANUARY 17, 2024 Call to Order The meeting was called to order at 7:30 PM by Chair Mitchell Weinstein Public Hearinqs/Items For Consideration 1. Consideration of a Petition for Approval of an Amendment to the Special Use and Preliminary Plan Approved by Ordinance No. 2023-021, and Variations from the Zoning Code Related to Height and Placement of a Proposed 120-Foot Cellular Tower to be Constructed on the New Public Works Facility Property at 1650 Leider Lane. (Trustee Weidenfeld) (Staff Contact: Kelly Purvis) Petitioners were sworn in. Purvis, Deputy Community Development Director provided a background on the subject property and the reguest. James Warnstedt, Deputy Public Works Director of Buffalo Grove, was sworn in as the Petitioner. Com. Moody asked how tall the tower is at the Village Campus. Warnstedtstated 125 feet. Com. Moody asked if Central Dispatch will have room on the new tower. Warnstedt confirmed and indicated that the plan is to relocate the EOC to the new Public Works Facility. Com. Moody asked about the setup and channels being used. Warnstedt responded with the antenna system specifications. Com. Moody asked if there is space on the tower to install and lease to commercial. Warnstedt stated that they are sizing the tower to meet the needs for the Village in terms of public works,police and fire and are nor considering commercial with the new tower. Com.Moody asked to describe the surrounding area. Warnstedt stated that the area is primarily industrial with large warehouse buildings and a landscape nursey across the street. Vice Chairman Richards ask if this tower was a change in the plan since it was approved as a Special Use last year. Warnstedt stated that the initial idea didn't anticipate the need for a larger tower than Code would permit and the plan has evolved into a plan to get a taller rower to help with communication not only with public works but also the rest of emergency services. Vice Chairman Richards asked about the security and safety around the proposed tower and if they feel the tower would be OK from a safety perspective. O 1/17/2024 Warnstedt that there wil!be an anti-climb shield and there will also be cameras installed at four corners of the building and he feels the tower will be safe due to the industrial area and the safety measures that are put in place. Com.Saxena asked about the height of the tower and the height of other tall buildings in the area and if that will have any effect on the tower's communication ability. Ryan Sterling, Urban Communications, was sworn in and stated that the reason the tower will be taller than what was originally proposed is to future proof it for taller buildings in the area. Questions were asked about lighting and the safety of the tower and the surrounding area. Com. Davis asked if there will be any space left on the tower for future expansion of communication equipment. Warnstedt stated from a design standpoint there is only what we need on the tower now but some room if there is need to add something in the future for Village use. Sterling stated that this tower is designed for public works and emergency communications,not for commercial. He stated that commercial equipment is a lot bigger and would not be supported on the proposed tower. Further discussion regarding optics and cables of the tower were asked and discussed. Ehairman Weinstein asked for clarification that the new tower being proposed is not to replace an existing tower. 1Narnstedt confirmed. Chairman Weinstein asked Staff in the material presented if the antenna tower and cellular tower were meant to be interchangeable. Purvis confirmed. Warnstedt thanked the Commissioners for their time and for asking good questions. The public hearing closed at 7:55 PM. Vice Chairman Richards made a motion to make positive recommendation to the Village eoard to approval of an amendment to the Special Use and Preliminary Plan approved by Ordinance No. 2023-021, and variations from the Zoning Code related to height and placement of a proposed 120 foot cellular tower to be constructed on the property located at 1650 Leider Lane subject to the following conditions: A. The proposed project shall be constructed in substantial conformance with the plans attached as part of the petition. e. The Special Use is granted to the Village of Buffalo Grove Public Works Department to construct a cellular tower at 1650 Leider Lane, which shall not run with the land. C. The Special Use granted to the Buffalo Grove Public Works Department is assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petitioner seeking assignment of this Special Use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the O 1/17/2024 appropriate commission(sJ for a public hearing or may hold a public hearing at the Village eoard. ii. Such assignment shall be valid only upon the adoption of a proper, valid, and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. Com. Davis seconded the motion. Chairman Weinstein spoke in favor of the motion due to the need for public communications for police,fire, and public works. He continued that the variations that are being reguested are reasonable,meet the criteria, and noted this is an ideal location within the industrial district and not impacting anyone. Com. Moodhe spoke in favor of the motion and indicated that the tower fills in the dead zone in the far eastern edge of the Village. RESULT: RECOMMENDATION'TO APPROVE[UNANIMOUS] AYES: Moodhe,Weinstein, Richards, Davis,Saxena ABSENT: Marc Spunt,Amy Au, Neil Worlikar Reqular Meetina Other Matters for Discussion Approval of Minutes 1. Planning and Zoning Commission-Regular Meeting-Jan 3, 2024 7:30 PM RESULT: ACCEPTED[4 TO 0] AYES: Adam Moodhe, Mitchell Weinstein, Kevin Richards,Jason Davis ABSTAIN: Sujat Saxena ABSENT: Marc Spunt,Amy Au, Neil Worlikar Chairman's Report None Committee and Liaison Reports Committee Liaison provided an update on the last Village eoard Meeting. Staff Report/Future Aaenda Schedule Staff provided information on the future agenda schedule. Public Comments and Questions None Adiournment The meeting was adjourned at 8:00 PM O1/17/2024 Action Items Kelly Purvis APPROVED BY ME THIS 17th DAY OF January ,2024 Mitchell Weinstein, Commissioner