2016-03-02 - Planning and Zoning Commission - Agenda Packet
Meeting of the Village of Buffalo Grove
Planning and Zoning Comission
Regular Meeting
March 2, 2016 at 7:30 PM
Fifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
I. Call to Order
II. Public Hearings/Items For Consideration
1. (ID # 1474) The Petitioner is Requesting a Special Use for an Amusement
Establishment at 1501 W Dundee Rd, in the B3 Zoning District (Trustee Weidenfeld)
2. (ID # 1475) The Petitioner is Requesting a Text Amendment and Special Use for
Vehicle Sales in the I District for the Property Located at 545 Depot Place (Trustee
Berman)
3. (ID # 1470) The Petitioner is Requesting a Variation for an Additional Digital Ordering
Screen for Starbucks at 1665 N Buffalo Grove Road (Trustee Berman)
4. (ID # 1471) The Petitioner is Requesting a Variation for an Additional Digital Ordering
Screen for Starbucks at 1205 W Dundee Road (Trustee Berman)
5. (ID # 1476) The Petitioner, Village of Buffalo Grove, is Requesting a Text Amendment to
the Zoning Ordinance Regarding Small Cell Antennas (Trustee Weidenfeld)
III. Regular Meeting
A. Other Matters for Discussion
B. Approval of Minutes
1. Planning and Zoning Comission - Regular Meeting - Feb 17, 2016 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 Village Board 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.
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.
Updated: 2/26/2016 9:22 AM Page 1
Ordinance No. : The Petitioner is Requesting a Special Use for an
Amusement Establishment at 1501 W Dundee Rd, in the B3 Zoning
District
Recommendation of Action
Staff recommends approval subject to the two (2) conditions in the attached staff report.
The Petitioners, Max Geht and Mike Trayvas co-owner of the business, are proposing to operate an
amusement establishment, No Escape, at 1501 West Dundee Road, Suite 103, in the Plaza Verde West
Shopping Center. This vacant space is 536 square feet in si ze and will be used as an intellectual, team
building exercise for persons over the age of 12 and will accommodate between 2 and 8 guests at a time.
Pursuant to the Zoning Ordinance, amusement establishments are a special use in the B3 District.
ATTACHMENTS:
Staff Report (DOCX)
Aerial Photo (PDF)
Petitioners Letter (PDF)
Petitioners Responses to Special Use Criteria (PDF)
Floor Plan (PDF)
Trustee Liaison Staff Contact
Weidenfeld Brian Sheehan, Community Development
Wednesday, March 2, 2016
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: March 2, 2016
SUBJECT PROPERTY LOCATION: 1501 W Dundee; Suite 103
PETITIONER: Max Geht and Mike Trayvas
PREPARED BY: Brian Sheehan, Building Commissioner
REQUEST: Petition to the Village of Buffalo Grove for a Special Use
Ordinance to allow an amusement establishment within the
B-3 Zoning District PUD.
EXSITING LAND USE AND ZONING: The property is improved with the existing Plaza Verde West
Shopping Center and is currently zoned B-3 Planned Unit
Development (PUD).
COMPREHENSIVE PLAN: The approved Village Comprehensive Plan calls for this
property to be Commercial.
PROJECT OVERVIEW
The Petitioners, Max Geht and Mike Trayvas co-owner of the business, are proposing to operate an
amusement establishment, No Escape, at 1501 West Dundee Road, Suite 103, in the Plaza Verde
West Shopping Center. This vacant space is 536 square feet in size and will be used as an
intellectual, team building exercise for persons over the age of 12 and will accommodate between 2
and 8 guests at a time. Pursuant to the Zoning Ordinance, amusement establishments are a special
use in the B3 District.
PLANNING, ZONING, AND ENGINEERING ANALYSIS
Proposed Use
The concept is for the guests to complete/solve a series of
quests, tasks, challenges and logical puzzles in order to
“escape” from the room. Each session lasts 60 minutes and
customers are required to make reservations in advance.
Hours of operation are expected to be 6PM to 10PM on
weekdays and 10AM to 10PM on weekends.
There is no food or drink that will be offered for sale and
there is no music involved with the game and loud
noise/behavior is not allowed. The emergency means of
egress will be maintained and accessible at all times and 1-
2 employees will be onsite at all times. A similar facility is
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located in California and more information about that location can be found here:
http://escapegame911.com/
Existing Use and Surrounding Uses
The building and tenant space is located within the Plaza Verde West Shopping Center. This
property is zoned B-3 PUD and the existing uses are a mixture of retail, service and office. The
petitioners requested use is compatible with the adjacent uses, which include 3 separate dentist’s
offices. The proposed use is consistent with the other currently established uses in the B-3 Zoning
District.
Parking
The parking analysis used the most stringent parking requirements for the entertainment use
group, or 1 parking space for every 2.5 seats. Based upon the owner’s information that at any one
time there will be a maximum of 10 people occupying the business , 8 customers and 2 employees,
the parking requirements for this use would be a total of 4 parking spaces. The Plaza Verde West
Shopping Center has 255 parking spaces allocated to the center as depicted on the drawing above.
Consequently, staff feels that parking will not be problematic.
DEPARTMENTAL REVIEWS
The Fire Department has reviewed the proposed plans and does not have any comments. As
previously noted, the emergency means of egress will be maintained and accessible at all times.
Furthermore, an employee will be observing at all times and be able to provide assistance when
requested.
STANDARDS
Pursuant to the Zoning Ordinance, the proposed use does require a Special Use in the “I” Industrial
District. The following criteria shall be met:
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
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;
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;
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;
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5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will
be provided;
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 stre ets.
Included in the petitioner’s information is a detailed response to the standards. Staff finds that the
petitioner has met the required standards for the special use.
PUBLIC COMMENTS
Pursuant to Village Code, the contiguous property owners were notified and a public hearing sign
was posted on the subject property. The posting of the public hearing sign and the mailing of the
notifications were both completed within the required timeframe. As of the date of this report, the
Village has received no inquiries/comments from the public or adjacent property owners.
STAFF RECOMMENDATION
Staff recommends approval of a Special Use Ordinance, subject to the follow conditions:
1. The special use as an amusement establishment is granted to Max Geht and Mike Trayvas and
said special use does not run with the land.
2. The special use granted to Max Geht and Mike Trayvas 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 application 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, which may be
granted or denied for any reason.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
and the PZC shall then make a recommendation to the Village Board.
ATTACHMENTS
1. Aerial
2. Petitioner Letter
3. Petitioner’s Response to Standards
4. Floor Plan
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1501 W. Dundee Rd.
Suite 103
MEP 1.0
MEP SYSTEMS
C.YAROSZ, SET
M.GEHT
01-22-16
1/8" = 1' - 0"
No Escape, Inc.
SCOPE OF WORK
1.TENANT SPACE BUILD-OUT DWG.
Buffalo Grove, IL 60089
SCOPE OF WORK
1.ORIGINAL TENANT SPACE AS-BUILT DWG.
WALL DETAIL
1. DRYWALL PLASTER, 1/2" (2)
2. 4" X 4" HEADER (1)
2.
1
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Attachment: Floor Plan (1474 : Consider a Special Use for an Amusement Establishment)
Updated: 2/26/2016 10:49 AM Page 1
Ordinance No. : The Petitioner is Requesting a Text Amendment
and Special Use for Vehicle Sales in the I District for the Property
Located at 545 Depot Place
Recommendation of Action
Staff recommends approval subject to the four (4) conditions in the attached staff report.
The owner of Classic Cars, LLC, Mr. Patrick Hurst, is in need of liquidating a portion of his fleet and would
like to do so within this current storage facility. Currently, vehicle sales are not a permitted or special use
in the I District. To accommodate the vehicles sales, Mr. Hurst is seeking approval of a text amendment to
the I District to allow vehicle sales within an enclosed building as a special use.
ATTACHMENTS:
Staff Report (DOCX)
Aerial (PNG)
Petitioners Letter (PDF)
Responses to the Criteria for a Special Use (PDF)
Plat of Survey (PDF)
Trustee Liaison Staff Contact
Berman Chris Stilling, Building & Zoning
Wednesday, March 2, 2016
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VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: March 2, 2016
SUBJECT PROPERTY LOCATION: 545 Depot Place
PETITIONER: Patrick Hurst / Classic Cars
PREPARED BY: Brian Sheehan, Building Commissioner
REQUEST: The petitioner is seeking to store and sell new and/or used
automobiles within an enclosed building located at 545
Depot Place Buffalo Grove, IL. In order to facilitate his
request, the petitioner is requesting the following:
1. Consider an amendment to the Village of Buffalo Grove
Zoning Ordinance (Title 17 of the Buffalo Grove Municipal
Code) to add provisions concerning the sale, leasing
and/or rental of new and/or used automobiles as a
special use in the “I” Industrial District; and
2. Consider approval of a special use for automobile sales in
the “I” Industrial District.
EXSITING LAND USE AND ZONING: The property is improved with a single-story building in the
“I” Industrial Zoning District.
COMPREHENSIVE PLAN: The 2009 Village Comprehensive Plan calls for this property
to be Industrial.
PROJECT BACKGROUND
On October 28, 2015, Classic Cars Company, LLC was approved to utilize the property located at 545
Depot Place Buffalo Grove, Illinois for automobile storage as a permitted use. The owner of Classic
Cars, LLC, Mr. Patrick Hurst, is in need of liquidating a portion of his fleet and would like to do so
within this current storage facility. Currently,
vehicle sales are not a permitted or special use in
the I District. To accommodate the vehicles sales,
Mr. Hurst is seeking approval of a text
amendment to the I District to allow vehicle sales
within an enclosed building as a special use.
PLANNING & ZONING ANALYSIS
Proposed Text Amendment
As noted, automobile sales are not permitted in
the I District. Both staff and the petitioner are
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proposing amendments an amendment to allow vehicle sales as a special use. Specifically, the
following draft language would be listed under Section 17.48.020 C (Special Use in the I District):
26. Sale and/or leasing of new and/or used automobiles within an enclosed structure.
As proposed, the text amendment would require vehicles to be kept within the building. It is staff’s
opinion that vehicle sales as a special use in the I District is appropriate. Many of the prospective
automotive sales businesses seeking buildings in the I District will likely generate their sales through
the internet rather than from walk-in customers. Therefore, these businesses seek larger
warehousing buildings found in the industrial areas of the Village. If the text amendment is
approved, the special use process will allow staff, the PZC and the Village Board the opportunity to
review each case to ensure that all the applicable standards are being met.
Special Use
The existing building is 12,185 square feet in area and the petitioner occupies 7,400 square feet;
2,000 of which is used for office and the remaining 5,400 square feet is proposed for the
automobile storage/sales. The petitioner currently has approval for an automobile storage facility
on the site. The petitioner currently holds an inventory of approximately 35 classic cars on site,
most of which made be made for sale at any given time. Should the text amendment be approved,
the petitioner is proposing to operate a vehicle sales facility on the site in order to liquidate his
inventory as needed. The sales would mostly occur online and be by appointment only. There is no
contemplation of exterior automobile storage or display of any automobiles that are for sale and
the business will not be placing any exterior signage to advertise this business. Sales will be by
appointment via online sourcing and the petitioner states that he has 2 employees at the site (1 per
shift).
Parking
The property has an asphalt parking lot on the north side of the building, which is designated solely
for the petitioner’s business. This parking area is currently not striped for parking and as a condition
of approval; staff is recommending that the parking lot be striped in accordance to the Zoning
Ordinance. The plat of survey shows Depot Place as a dedicated roadway with a turn around on the
northern portion of this parking area. Parking lot striping will not be allowed in the right-of-way.
Storage of Vehicles
Currently, staff noticed that several vehicles (8-10 cars) are being kept outside during the overnight
hours. Staff raised this concern to the petitioner and he noted that those vehicles are being
prepared for transport to another location. As a condition of approval, staff recommends that all
vehicles for storage and/or for sale shall be kept in the enclosed building during the overnight
hours.
SURROUNDING PROPERTY OWNERS
Pursuant to Village Code, the surrounding property owners within 250’ were notified and a public
hearing sign was posted on the subject property. The posting of the public hearing sign and th e
mailed notifications were completed within the prescribed timeframe as required. As of the date of
this Staff Report, two calls were received from adjacent property owners concerning this use. There
was concern expressed about parking on the street by ve hicle transport trucks and about traffic
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and/ or test driving on the nearby roads. With reference to the transport vehicles, staff notes that
the adjacent business operates as a car transport business. This car transport business is not
affiliated with the petitioner.
DEPARTMENTAL REVIEWS
The Building and Fire Departments have reviewed this use and do not have any issues with the
intended interior storage of automobiles in this location.
STANDARDS
Pursuant to the Zoning Ordinance, the proposed use does require a Special Use in the “I” Industrial
District. The following criteria shall be met:
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
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;
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;
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;
5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will
be provided;
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.
Included in the petitioner’s information is a detailed response to the standards. Staff finds that the
petitioner has met the required standards for the special use.
STAFF RECOMMENDATION
Staff recommends approval of the text amendment for online automobile sales and the special use
with the following conditions:
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1. The special use for the sale of used automobiles within an enclosed structure is granted to
Patrick Hurst and said special use does not run with the land.
2. The special use granted to Patrick Hurst 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 application 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, which may be
granted or denied for any reason.
3. The parking lot at 545 Depot Place shall be striped in accordance with the Village of Buffalo
Grove Zoning Ordinance within 90 days of approval. A building permit shall be obtained
prior to the start of the work.
4. All vehicle storage, including vehicles for sale, shall be stored in the building during the
overnight hours. This shall not apply to vehicles driven by employees.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the Zoning Ordinance text amendment and special use. The PZC shall make a
recommendation to the Village Board concerning both the Zoning Ordinance text amendment and
the Special Use request.
ATTACHMENTS
1. Aerial
2. Petitioner’s Letter
3. Petitioner’s Response to the Criteria for a Special Use
4. Plat of Survey
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CLASSIC CAR COMPANY, LLC
545 Depot Place
Buffalo Grove, IL 60089
February 3, 2016
Mr. Brian Sheehan
Building Commissioner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
RE: Classic Car Company – 545 Depot Place
Mr. Sheehan,
Thank you and the Village again for taking the time to consider our Special Use request to allow used
online auto sales at 545 Depot Place.
Currently, Classic Car Company holds an inventory of over 35 classic and used vehicles at this location and
we are in need of liquidating a portion of this fleet. We are asking for the ability to complete online
vehicles sales utilizing 545 Depot Place as the place of business.
We would like to house all the vehicles for sale at this location, as well as, allow for any individuals we
source through online advertising to have the opportunity to come view and test drive (supervised) the
vehicles. We would also ask for the ability to complete the sale and/or paperwork required for the
transaction onsite as well.
We will not utilize any outdoor areas at this location to solicit or drive in business. We will not have any
outdoor advertising or utilize a sales lot for the vehicles.
Thank you for your consideration.
Sincerely,
Patrick M. Hurst
Owner, Classic Car Company
(312) 953-2943
CMM
2.2.c
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During your testimony at the Public Hearing you will need to testify and present your case for
the Special Use being requested. During your testimony you need to affirmatively address the
Criteria listed below.
The Planning & Zoning Commission is authorized to provide a recommendation to the Village
Board, which has authority to approve a Special Use to the regulations of the Zoning Ordinance
based upon findings of fact which are made based upon evidence presented at the hearing
regarding the criteria listed below. You must affirmatively state how you meet each of the listed
criteria. If you wish to provide written answers to the criteria and provide them to me, I can
forward them to the board with their packet.
Criteria for Special Use
17.28.040 - Criteria for special use.
A. All special uses shall meet the following criteria:
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 endanger the public health, safety, morals, comfort, or general welfare;
Classic Car Company understands and takes these issues very seriously. We will
not jeopardize the local area or the general safety and welfare of the community at
any time.
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;
There will be no change to any of the development, access or size of the current
location.
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;
There will be no noticeable change in the immediate vicinity.
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;
No changes to the current structure will be made.
5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been
or will be provided;
There will be no change.
2.2.d
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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 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.
We understand and ensure there will be no noticeable difference.
2.2.d
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2.2.e
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Updated: 2/25/2016 8:33 AM Page 1
Ordinance No. : The Petitioner is Requesting a Variation for an
Additional Digital Ordering Screen for Starbucks at 1665 N Buffalo
Grove Road
Recommendation of Action
Staff recommends approval
The petitioner, is requesting a variance to allow the installation of a second menu board sign which will be
a digital ordering screen. Pursuant to Section 14.16.030 of the Sign Code, only 1 digital ordering screen is
allowed. As a result, a variation is required.
ATTACHMENTS:
Staff Report (DOCX)
Aerial Photo (PDF)
Petitioners Letter (PDF)
Petitioners Response to Standards (PDF)
Sign Plans (PDF)
Trustee Liaison Staff Contact
Berman Brian Sheehan, Community Development
Wednesday, March 2, 2016
2.3
Packet Pg. 21
VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: March 2, 2016
SUBJECT PROPERTY LOCATION: 1665 N Buffalo Grove Road
PETITIONER: Site Enhancement Services on behalf of Starbucks
PREPARED BY: Brian Sheehan, Building Commissioner
REQUEST: A variation for a second menu board sign (Digital Display) at the
drive thru window.
EXSITING LAND USE AND ZONING: The property is improved with a commercial building and is
zoned B3.
COMPREHENSIVE PLAN: The Village of Buffalo Grove Comprehensive Plan calls for this
property to be a commercial use.
PROJECT BACKGROUND
The petitioner, on behalf of Starbucks, is requesting a variance to allow the installation of a second
menu board sign which will be a digital ordering screen. Pursuant to Section 14.16.030 of the Sign Code,
only 1 digital ordering screen is allowed. As a result, a variation is required.
PLANNING & ZONING ANALYSIS
Design
The proposed sign would be a pole mounted digital display
sign that would be a total of 5.47’ in height and
approximately 12 square feet in area. It would be located
south of the existing menu board sign where the speaker
box is currently located. The proposed sign is intended to
display a customer’s order to ensure accuracy. The sign
would display a static image when there is no car present.
SURROUNDING PROPERTY OWNERS
The property has been posted with the public hearing
notice and the adjacent property owners have been
notified as required. To date, staff has not received any comments concerning the request.
DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the sign location and does not have any
engineering or line of sight concerns with the proposed location of this sign.
2.3.a
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STANDARDS
The Planning & Zoning Commission is authorized to make a recommendation to the Village Board based
on the following criteria:
A. Except for Prohibited signs (Chapter 14.32), the Village Planning & Zoning Commission may
recommend approval or disapproval of a variance from the provisions or requirements of this
Title subject to the following:
1. The literal interpretation and strict application of the provisions and requirements of this
Title would cause undue and unnecessary hardships to the sign user because of unique or
unusual conditions pertaining to the specific building, parcel or property in question; and
2. The granting of the requested variance would not be materially detrimental to the property
owners in the vicinity; and
3. The unusual conditions applying to the specific property do not apply generally to other
properties in the Village; and
4. The granting of the variance will not be contrary to the purpose of this Title pursuant to
Section 14.04.020
B. Where there is insufficient evidence, in the opinion of the Planning & Zoning Commission, to
support a finding under subsection (A), but some hardship does exist, the Planning & Zoning
Commission may consider the requirement fulfilled if:
1. The proposed signage is of particularly good design and in particularly good taste; and
2. The entire site has been or will be particularly well landscaped.
The petitioner has provided a response to the standards.
STAFF RECOMMENDATION
Staff recommends approval of the variation.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the variation. The PZC shall make a recommendation to the Village Board concerning the
variation to sign code to allow the digital ordering screen.
ATTACHMENTS
1. Aerial Photo
2. Petitioners Letter
3. Petitioners response to standards
4. Sign plans
2.3.a
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2.3.b
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2.3.c
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2.3.d
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2.3.e
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Updated: 2/25/2016 8:34 AM Page 1
Ordinance No. : The Petitioner is Requesting a Variation for an
Additional Digital Ordering Screen for Starbucks at 1205 W Dundee
Road
Recommendation of Action
Staff recommends approval
The petitioner is requesting a variance to allow the installation of a second menu board sign which will be
a digital ordering screen. Pursuant to Section 14.16.030 of the Sign Code, only 1 digital ordering screen is
allowed. As a result, a variation is required.
ATTACHMENTS:
Staff Report (DOCX)
Aerial Photo (PDF)
Petitioners Letter (PDF)
Petitioners Response to Standards (PDF)
Sign Details (PDF)
Trustee Liaison Staff Contact
Berman Brian Sheehan, Community Development
Wednesday, March 2, 2016
2.4
Packet Pg. 34
VILLAGE OF BUFFALO GROVE
PLANNING & ZONING COMMISSION
STAFF REPORT
MEETING DATE: March 2, 2016
SUBJECT PROPERTY LOCATION: 1205 West Dundee Road
PETITIONER: Site Enhancement Services on behalf of Starbucks
PREPARED BY: Brian Sheehan, Building Commissioner
REQUEST: A variation for a second menu board sign (Digital Display) at the
drive thru window.
EXSITING LAND USE AND ZONING: The property is improved with a commercial building and is
zoned B3.
COMPREHENSIVE PLAN: The Village of Buffalo Grove Comprehensive Plan calls for this
property to be a commercial use.
PROJECT BACKGROUND
The petitioner, on behalf of Starbucks, is requesting a variance to allow the installation of a second
menu board sign which will be a digital ordering screen. Pursuant to Section 14.16.030 of the Sign Code,
only 1 digital ordering screen is allowed. As a result, a variation is required.
PLANNING & ZONING ANALYSIS
Design
The proposed sign would be a pole mounted digital
display sign that would be a total of 5.47’ in height and
approximately 12 square feet in area. It would be
located south of the existing menu board sign where
the speaker box is currently located. The proposed sign
is intended to display a customer’s order to ensure
accuracy. The sign would display a static image when
there is no car present.
SURROUNDING PROPERTY OWNERS
The property has been posted with the public hearing
notice and the adjacent property owners have been
notified as required. To date, staff has not received any
comments concerning the request.
DEPARTMENTAL REVIEWS
Village Department Comments
Engineering The Village Engineer has reviewed the sign location and does not have any
engineering or line of sight concerns with the proposed location of this sign.
2.4.a
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STANDARDS
The Planning & Zoning Commission is authorized to make a recommendation to the Village Board based
on the following criteria:
A. Except for Prohibited signs (Chapter 14.32), the Village Planning & Zoning Commission may
recommend approval or disapproval of a variance from the provisions or requirements of this
Title subject to the following:
1. The literal interpretation and strict application of the provisions and requirements of this
Title would cause undue and unnecessary hardships to the sign user because of unique or
unusual conditions pertaining to the specific building, parcel or property in question; and
2. The granting of the requested variance would not be materially detrimental to the property
owners in the vicinity; and
3. The unusual conditions applying to the specific property do not apply generally to other
properties in the Village; and
4. The granting of the variance will not be contrary to the purpose of this Title pursuant to
Section 14.04.020
B. Where there is insufficient evidence, in the opinion of the Planning & Zoning Commission, to
support a finding under subsection (A), but some hardship does exist, the Planning & Zoning
Commission may consider the requirement fulfilled if:
1. The proposed signage is of particularly good design and in particularly good taste; and
2. The entire site has been or will be particularly well landscaped.
The petitioner has provided a response to the standards.
STAFF RECOMMENDATION
Staff recommends approval of the variation.
ACTION REQUESTED
The Planning & Zoning Commission (PZC) shall open the public hearing and take public testimony
concerning the variation. The PZC shall make a recommendation to the Village Board concerning the
variation to sign code to allow the digital ordering screen.
ATTACHMENTS
1. Aerial Photo
2. Petitioners Letter
3. Petitioners response to standards
4. Sign plans
2.4.a
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2.4.e
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Updated: 2/26/2016 11:02 AM Page 1
Ordinance No. : The Petitioner, Village of Buffalo Grove, is
Requesting a Text Amendment to the Zoning Ordinance Regarding
Small Cell Antennas
Recommendation of Action
Staff is seeking feedback from the PZC on the overall direction of the recommended regulations and
requesting PZC to continue to this item to the March 16th PZC staff meeting.
Recently, the Village has noted how other communities have created regulations specific for small cells
and generated revenues from licensing this equipment to be installed on Village-owned property. This
trend coupled with the numerous inquires Buffalo Grove has received from cellular providers, has
prompted staff to explore the challenges and opportunities of allowing small cells in the Village. As a
result, staff is proposing an amendment to the Zoning Ordinance.
ATTACHMENTS:
Staff Memo (DOCX)
NWMC Introduction to Small Cell Antennas (PDF)
Trustee Liaison Staff Contact
Weidenfeld Nicole Woods, Community Development
Wednesday, March 2, 2016
2.5
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Page 1 of 3
VILLAGE OF
BUFFALO GROVE
DATE: February 26, 2016
TO: Planning and Zoning Commission (PZC)
FROM: Nicole Woods, Village Planner and Chris Stilling, Community Development Director
SUBJECT: Small Cell Regulations
Background
Cellular technology usage continues to expand rapidly. As this usage expands, the demand on the
cellular network, which provides phone service and digital data connections for smart phones,
tablets, and other devices, also increases. Consequently, cellular providers are looking to minimize
dead zones where service is limited, non-existent, or do not meet current demands. One strategy is
to supplement larger, wider-range equipment often featured on a specialized cell antenna or
municipal water tower, is to install small cellular antenna devices. These devices, commonly known
as “small cells” can be mounted on utility poles, light poles, buildings and other sound structures.
Recently, the Village has noted how other communities have created regulations specific for small
cells and generated revenues from licensing this equipment to be installed on Village-owned
property. This trend coupled with the numerous inquires Buffalo Grove has received from cellular
providers, has prompted staff to explore the challenges
and opportunities of allowing small cells in the Village.
The key question being: How can the Village enable
small cellular antenna devices so that the community
can enjoy greater cellular service while protecting the
community’s aesthetics and general interest?
Current Regulations
Currently small cells would fall under the classification of
personal wireless communication facilities in the Village
Code. However staff does not feel that the current
regulations for personal wireless communication facilities
best addresses the challenges or opportunities
associated with small cells. Consequently, staff begun to
research best practices for regulating small cells and
developed a set of proposed regulations.
Small Cell Research and Findings
Staff researched best practices for regulating small cells
by tapping into several resources including:
An Introduction to Small Cell Antennas by
Northwest Municipal Conference (2013).
Verizon small cell equipment (circled in
red) installed on a utility pole in
Hinsdale.
2.5.a
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Northwest Municipal Conference Small Cell Survey.
Codes from nearby municipalities including: Hoffman Estates, Northbrook, Palatine, and
Glencoe. Staff was unable to find applicable codes from Glenview and Barrington.
An Introduction to Small Cell Antennas by Northwest Municipal Conference (2013) is a guide to help
communities navigate issues and concerns regarding small cell antenna equipment. It was developed
by a working group made up of attorneys, planners, village managers, engineers, and other key
stakeholders. The Northwest Municipal Conference Small Cell Survey examines issues of small cells
on public property and agreements with cellular providers.
Staff found that communities with more comprehensive small cell regulations managed this
equipment by regulating the following small cell issues:
General location (on Village/Park/public/utility-owned property)
Attachment to existing poles vs. new poles
Proximity to residential
Proximity to other personal wireless antennas
Number of small cell antennas on a pole or structure
Appearance (size, height, color) of small cell equipment
These issues were generally regulated through a combination of zoning measures such as permitted
uses, special uses (with additional restrictions), and general standards. Many communities also
generated revenue from small cells by requiring a license or fee for small cells located on Village-
owned property.
Recommended Small Cell Regulations
After reviewing several best practices, staff recommends that the Village consider the following
regulations. These regulations and measures closely align to Palatine’s code regarding small cells.
Small Cells shall be permitted uses on existing utility poles within public rights-of way and
within dedicated utility easements, subject to the following restrictions:
o Number limitation: No more than one small cell may be located on a single utility
pole.
o Separation and setback requirements: Small cells must be located on a structure
that is greater than 100 feet from a residential building and greater than 1,000
feet away from other small cells.
o Co-location limitation: Only one small cell shall be allowed on each pole for the
use of a single personal wireless services operator.
o Licensing: All small cells mounted on Village-owned infrastructure such as
streetlights, traffic signals towers, or buildings must be authorized by a license
agreement and fee between the owner and the Village.
o Height. A personal wireless telecommunication antenna shall not exceed more
than thirty five (35) feet above the ground level. The top of the highest point of
the antenna may not extend more than seven (7) feet above the highest point of
the support structure, and the combination of the height of the support
structure and the antenna extension shall not exceed thirty five (35) feet.
2.5.a
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o Aesthetics. Small cell equipment will be subject to review by the Appearance
Review Team, which would examine the small cell equipment aesthetics to
ensure it blends in with the pole on which it is mounted.
Deviation from requirements requires the petition to request a variance, which must
include evidence that the proposed facility is necessary, is the least intrusive means of
doing so.
Action Requested
Staff is seeking feedback from the PZC on the overall direction of the recommended regulations and
requesting PZC to continue to this item to the March 16th PZC staff meeting.
Attachments
1. An Introduction to Small Cell Antennas by Northwest Municipal Conference (2013)
2.5.a
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An Introduction to
Small Cell Antennas
Northwest Municipal Conference
September, 2013
2.5.b
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Introduction
Several cellular phone service providers, including AT&T and Verizon and their representatives,
have been contacting municipalities about placing small cell antenna equipment on publicly
owned infrastructure (such as light poles) or on ComEd power poles. We expect the cellular
providers will significantly expand their efforts over the coming months.
This guide has been crafted by a Northwest Municipal Conference working group to provide
information for local government officials to consider when contacted. It is intended to assist
our members to better respond to proposed installations by providing background information on
the technology along with numerous items to consider.
Please Note:
The information contained in this guide is meant as a starting point for municipal officials when
presented with a proposal to install small cell antenna equipment. It is not meant to replace a
comprehensive evaluation of the proposals, which should be performed based upon the specifics
of the proposal.
The Northwest Municipal Conference wishes to thank these working group members whose
input was instrumental in preparing this guide:
Robin Ward, Assistant Village Attorney, Village of Arlington Heights
Maria Lasday, Village Manager, Village of Bannockburn
Paul Kuester, Public Works Director, Village of Bartlett
Greg Summers, Director of Engineering and Building, Village of Barrington
Julie Gray, Attorney, Village of Glenview
Patricia Cross, Attorney, Village of Hoffman Estates
Peter Gugliotta, Director of Planning, Village of Hoffman Estates
Donna Brown, Project Engineer, Village of Mount Prospect
Matt Overeem, Water/Sewer Superintendent, Village of Mount Prospect
Sam Trakas, Administrative Services, Village of Palatine
Don Wenzel, Superintendent of Facilities, City of Rolling Meadows
Peter Vadopalas, Assistant to the Village Manager, Village of Skokie
Robert Kenny, Attorney, Schain, Burney, Banks & Kenny, Ltd.
Arthur Janura, Attorney, Arnstein & Lehr LLP
Scott Spears, Attorney, Robbins, Salomon and Patt, Ltd.
Larry Bury, Policy Director, Northwest Municipal Conference
2.5.b
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What are small cell antennas?
The rapidly expanding use of cellular technology to provide not just phone service but digital
data connections for smart phones, tablets and other devices has placed a growing demand on the
cellular network. Cellular providers are seeking to eliminate “dead” zones where: service is
limited or non-existent due to physical or other constraints; or, specific areas where the demand
for cellular service exceeds capacity, particularly during peak hours.
The current approach to providing cellular service (placing large, wide-range equipment on
specialized cell antennas or municipal water towers) is beginning to be supplemented by the
installation of small cellular antenna devices to address the shortcomings in current service.
These small cell antenna devices can be mounted to existing utility or light poles, both
addressing the specific local concern and saving the provider the cost of constructing new
facilities upon which to place new equipment. Examples of these installations are provided
below:
Verizon equipment installed on utility pole Nokia equipment test on decorative light
in Hinsdale fixture in downtown Arlington Heights
2.5.b
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Differing small cell device sizes from Verizon handout
For more information on the technical specifications regarding the installation of the Verizon
small cell antenna equipment, please see:
Attachment A – Verizon’s Small Cell Antenna Equipment Handout
There are several issues that you will need to consider when presented with a proposal from a
cellular provider or their designate. These considerations will greatly vary depending upon
whether the equipment is proposed for installation on municipally-owned facilities or utility
poles or other structures owned by ComEd or other entities.
2.5.b
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Municipally-Owned Facilities
Agreement to use municipal facilities
Proposals to install small cell antenna on municipally-owned facilities will require the cellular
provider and the municipality to enter into an agreement for this use. This provides the
opportunity to negotiate specific elements of the agreement to ensure the installation is consistent
with community standards.
Several municipalities have been contacted by representatives of Verizon. Verizon is beginning
the discussion via their proposed Municipal Master License Agreement. The agreement
articulates several areas of consideration including: length of the agreement and extensions (25
years with several automatic extensions is proposed); compensation for use of the municipally-
owned facility ($3,000 annual “rent” per location); indemnification and insurance; removal of
equipment; termination of agreement; and, other considerations. These proposed terms and
considerations should be considered fully negotiable.
To review the proposed agreement with areas that you will want to pay particular attention to,
please see:
Attachment B – Verizon Municipal Master License Agreement
Zoning regulation of proposed small cell antenna installations
Zoning provides a means of regulating these proposed small cell antenna installations. If your
community does not wish to have these installed, zoning can be amended to prohibit their
installation on municipally-owned facilities. It can also be used to prohibit or limit the use on
private property. However, this approach is not applicable to proposals to use utility poles along
the right-of-way.
If your community is open to the use of municipally-owned facilities for locating small cell
antennas, then zoning can be used to apply uniform standards and protect the public interest in
the event of proposals from multiple companies. Zoning code can be amended to provide for:
location of equipment; number of locations allowed; size of equipment allowed; height
restrictions; aesthetics; safety issues; licensing and permits; and, other considerations.
The Village of Glencoe amended their zoning code in 2012 to allow for this usage, please see:
Attachment C – Glencoe 2012 Ordinance
2.5.b
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Basic information to request in order to evaluate a proposal
There is some basic information you should request when initially contacted regarding a
proposed installation on a municipally-owned facility.
Where will the proposed small cell antenna(s) be located?
How many locations are being proposed and where will they be located.
Is there a technical reason to utilize that specific location(s)?
Are there other possible locations that could be considered if the proposed location is
unavailable or unusable.
What will the installation look like?
You want to request full plans, specs and photos of the specific equipment being proposed
for installation.
Can you provide a structural engineer report approving the installation?
You want to ensure that the proposed location can safely support the equipment under
adverse conditions (such as winds of 100 mph or lightning strikes) without placing the
general public or other nearby utilities at risk.
2.5.b
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Utility Poles Along the Right-of-way
Unlike a request to utilize a municipally-owned facility, proposals to install the equipment on
ComEd utility poles provide much more limited opportunities for regulation. Regulation of these
appears to be limited under the Illinois Telephone Company Act (ITCA) and the Federal
Telecomm Act of 1996 (FTA).
Under the ITCA, a municipality’s authorized powers are limited to regulation of the use of the
right-of-way while the FTA specifies that a municipality has control over the right-of-way itself,
not control over companies with facilities in the right-of-way. Both Acts appear to preclude
municipal authority to outright reject or limit through zoning or other means these small cell
antenna installations when placed on existing utility poles. These Acts do allow for the
municipality to perform their due diligence when evaluating the impact of the proposed
installation along the right-of-way.
For more detail on how both the ITCA and FTA limit regulation in this scenario, please see:
Attachment D – Legal Overview of ITCA and FTA on small cell antenna in ROW
Review of ComEd franchise agreement
One potential approach to proposals to locate equipment on ComEd facilities is to review your
franchise agreement with ComEd. It may contain terms that would allow additional regulation
of the facilities or provide for an opportunity to reopen the agreement to negotiate new terms.
Additional information to request in order to evaluate a proposal using ComEd facilities
In addition to the basic information to request in order to evaluate a proposal contained in the
previous section, the following questions should be raised when evaluating a proposal to use
utility poles.
Do you have an agreement with ComEd for the proposed installation?
If so, request a copy of the agreement.
Have you submitted your request to the jurisdiction controlling the right-of-way at the
proposed locations?
You want to see an agreement if the ROW is under IDOT, county or township
jurisdiction.
Which party (ComEd or cell provider) will be responsible for addressing any problems
caused by the installation that may arise?
You want to know in advance who will be responsible if a failure of the equipment or
utility pole places the public at risk.
2.5.b
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PBC 6302 Battery
Cabinets (1 or 2)
Kathrein X-pol Tri-
Sector Ant
mRRUS for LTE – 10 MHz
mRRUS for AWS – 20 MHz
Fiber from Host Site AC Power Feed
Telco Fiber Splice Box
Small Cell Application
mRRUS Connected to Host 6601
Attachment A 2.5.b
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mRBS for LTE – 10 MHz
mRBS for AWS – 20 MHz
Fiber from Telco AC Power Feed
Outdoor Rated Router in Weather
Protected Box with Fiber Splice
Kathrein X-pol Tri-
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PBC 6302 Battery
Cabinets (1 or 2)
Small Cell Application
mRBS - Standalone
7705
Attachment A 2.5.b
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RRUL for LTE – 10 MHz –
40W Output Power
RRUS for AWS – 20 MHz –
40W Output Power
RRUS Solution Using One Hub
Location Where Fiber Would
Branch Out to Nodes
OUTDOOR: Telco DMARC would be an
outdoor H-Frame or with a hardened router
INDOOR: Telco DMARC would be a standard
Ciena router in a rack mount
We would need a RBS 6301 Ericson cabinet
which would house the DUL Radios and the
7705 router
We would also need a RBS 6301 BBU
cabinet to house the 4 batteries
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6 ft
Space for 3 Rack
Units (7705)
Fiber only to nodes. Power
provided at base of pole.
RBS6301
BBS6301
for
Batteries
Attachment A 2.5.b
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mRRUS for LTE – 10 MHz –
5W output power
mRRUS for AWS – 20 MHz –
5W output power
mRRUS Solution Using One
Hub Location Where Fiber
Would Branch Out to Nodes
OUTDOOR: Telco DMARC would be an
outdoor H-Frame or with a hardened router
INDOOR: Telco DMARC would be a standard
Ciena router in a rack mount
We would need a RBS 6301 Ericson cabinet
which would house the DUL Radios and the
7705 router
We would also need a RBS 6301 BBU
cabinet to house the 4 batteries
10 ft
6 ft
Space for 3 Rack
Units (7705)
Fiber only to nodes. Power
provided at base of pole.
RBS6301
BBS6301
for
Batteries
Attachment A 2.5.b
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mRBS for LTE – 10 MHz –
5W output power
mRBS for AWS – 20 MHz –
5W output power
mRBS Solution Using One Hub
Location Where Fiber Would
Branch Out to Nodes
OUTDOOR: Telco DMARC would be an
outdoor H-Frame or with a hardened router
INDOOR: Telco DMARC would be a standard
Ciena router in a rack mount
We would need a RBS 6301 Ericson
cabinet, or equivalent, which would house
the 7705 router only
10 ft
6 ft
Space for 3 Rack
Units (7705)
Fiber only to nodes. Power
provided at base of pole.
RBS6301
Attachment A 2.5.b
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Telco DMARC to be
mounted on an H-Frame
We would need a RBS 6301 Ericson cabinet
which would house the DULs and power
converters
We would also need a BBU cabinet to
house the 4 batteries
6 f
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10 ft
Space for 3 Rack Units (7705)
RRUL for LTE
RRUS for AWS
Distance not to
exceed 300' for
power.
For Colos, where we
want to add AWS to
Existing Towers
RBS6301
BBS6301
for
Batteries
Attachment A 2.5.b
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PBC 6302 Specs
Attachment A 2.5.b
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mRBS Specs
Attachment A 2.5.b
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mRRUS Specs Attachment A 2.5.b
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Output Power
Attachment A 2.5.b
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text
Each RBS 6301 Cabinet will support up to 12 RRUS’s via 4 RRU Radios
Can be mounted on walls, poles, or on concrete pad
Comes with cooling unit
Optional Heater for sustained temps below 0 degrees F
Can house ALU 7705 Router
Remote RRUS’s can be up to 25 miles away from RBS 6301
RRU supports cascade connections, where only one fiber cable is connected between
the 6301 and one of the RRUS’s. The other RRUS’s are then connected to each other
RBS 6301 Information
Attachment A 2.5.b
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Back-up Slides -
Site Samples of Plans, Elevation, and
Photo Simulations from Southern
California
Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment A 2.5.b
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Attachment B
MASTER LICENSE AGREEMENT
This Master License Agreement (the "Agreement") made this day of , 20__,
between , with its principal offices located at
, hereinafter designated LICENSOR and Chicago SMSA Limited Partnership d/b/a
Verizon Wireless with its principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
Jersey 07920 (telephone number 866-862-4404), hereinafter designated LICENSEE. LICENSOR and
LICENSEE are at times collectively referred to hereinafter as the "Parties" or individually as the "Party."
WITNESSETH
WHEREAS, LICENSOR is the owner, grantee or licensee of certain light poles, traffic control
poles, towers, transmission towers, facilities, rights of way and/or real property, which are located
within the geographic area of a license to provide wireless services licensed by the Federal
Communications Commission (“FCC”) to LICENSEE; and
WHEREAS, LICENSEE desires to install, maintain and operate communications equipment in
and/or upon certain of LICENSOR's light poles, traffic control poles, towers, transmission towers,
facilities, rights of way and/or real property; and
WHEREAS, LICENSOR and LICENSEE desire to enter into this Agreement to define the general
terms and conditions which would govern their relationship with respect to particular sites at which
LICENSOR may wish to permit LICENSEE to install, maintain and operate communications equipment as
hereinafter set forth; and
WHEREAS, LICENSOR and LICENSEE acknowledge that they will enter into a License Supplement
(“Supplement”), a copy of which is attached hereto as Exhibit A, with respect to any particular location
or site which the Parties agree to license; and
WHEREAS, the Parties acknowledge that different related entities may operate or conduct the
business of LICENSOR and LICENSEE in different geographic areas and as a result, each Supplement may
be signed by LICENSEE and LICENSOR's affiliated entities as further described herein, as appropriate
based upon the ownership or other interest in of the subject premises, in the case of LICENSOR, and the
entity holding the FCC license in the subject geographic location, in the case of LICENSEE.
NOW THEREFORE, in consideration of the mutual covenants contained herein and intending to
be legally bound hereby, the Parties hereto agree as follows:
1. PREMISES. Pursuant to all of the terms and conditions of this Agreement and the
applicable Supplement, LICENSOR agrees to license to LICENSEE that certain space on or upon
LICENSOR's light poles, traffic control poles, transmission towers, facilities, rights of way and/or real
property as more fully described in each Supplement to be executed by the Parties hereinafter referred
to as the “Premises”, for the installation, operation and maintenance of communications equipment;
together with the non-exclusive right of ingress and egress from a public right-of-way, seven (7) days a
week, twenty four (24) hours a day, over the Property (as defined below) and to and from the Premises
for the purpose of installation, operation and maintenance of LICENSEE’s communications facility. The
2.5.b
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LICENSOR’s light poles, traffic control poles, transmission towers, and other poles and towers are
hereinafter referred to as “Pole” and the entirety of the LICENSOR’s property is hereinafter referred to
as "Property". In the event there are not sufficient electric and telephone, cable or fiber utility sources
located at the Premises or on the Property, LICENSOR agrees to grant LICENSEE or the local utility
provider the right to install such utilities on, over and/or under the Property and to the Premises as
necessary for LICENSEE to operate its communications facility, provided the location of such utilities
shall be as reasonably designated by LICENSOR.
2. CONDITION OF PREMISES. Where the Premises includes one or more Poles, LICENSOR
covenants that it will keep the Poles in good repair as required by all federal, state, county and local
laws. If the LICENSOR fails to make such repairs including maintenance within 60 days, or such shorter
period as required by such rules or regulations, of any notification to LICENSOR and validation of same,
the LICENSEE may make the repairs and the costs thereof shall be payable to the LICENSEE by the
LICENSOR on demand. If the LICENSOR does not make payment to the LICENSEE within ten (10) days
after such demand, the LICENSEE shall have the right to deduct the costs of the repairs from the
succeeding monthly rental amounts normally due from the LICENSEE to the LICENSOR.
3. TERM; RENTAL.
This Agreement shall be for a term of twenty-five (25) years commencing upon the
execution hereof by both Parties. Each Supplement shall be effective as of the date of execution by both
Parties (the "Effective Date"), provided, however, the initial term of each Supplement shall be for five (5)
years and shall commence on the first day of the month following the day that LICENSEE commences
installation of the equipment on the Premises (the “Commencement Date”) at which time rental
payments shall commence and be due at a total annual rental as set forth in the Supplement, to be paid
in advance annually on the Commencement Date and on each anniversary of it in advance, to the payee
designated by LICENSOR in the Supplement or to such other person, firm or place as LICENSOR may,
from time to time, designate in writing at least thirty (30) days in advance of any rental payment date by
notice given in accordance with Paragraph 17 below. LICENSOR and LICENSEE acknowledge and agree
that the initial rental payment for each Supplement shall not actually be sent by LICENSEE until thirty
(30) days after the Commencement Date. LICENSOR and LICENSEE agree that they shall acknowledge in
writing the Commencement Date of each Supplement.
Upon agreement of the Parties, LICENSEE may pay rent by electronic funds transfer and in such
event, LICENSOR agrees to provide to LICENSEE bank routing information for such purpose upon request
of LICENSEE.
LICENSOR hereby agrees to provide to LICENSEE certain documentation (the “Rental
Documentation”) including without limitation: (i) documentation evidencing LICENSOR’s good and
sufficient title to and/or interest in the Property and right to receive rental payments and other benefits
under each Supplement; (ii) a completed Internal Revenue Service Form W-9, or equivalent for any
party to whom rental payments are to be made pursuant to this Agreement or a Supplement; and (iii)
other documentation requested by LICENSEE and within fifteen (15) days of obtaining an interest in any
Property, Supplement or this Agreement, any assignee(s), transferee(s) or other successor(s) in interest
of LICENSOR shall provide to LICENSEE such Rental Documentation. All documentation shall be
acceptable to LICENSEE in LICENSEE’s reasonable discretion. Delivery of Rental Documentation to
LICENSEE shall be a prerequisite for the payment of any rent by LICENSEE and notwithstanding anything
2.5.b
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to the contrary herein or in any Supplement, LICENSEE shall have no obligation to make any rental
payments until Rental Documentation has been supplied to LICENSEE as provided herein.
Within thirty (30) days of a written request from LICENSEE, LICENSOR or any assignee(s)
or transferee(s) of LICENSOR agrees to provide updated Rental Documentation. Delivery of Rental
Documentation to LICENSEE shall be a prerequisite for the payment of any rent by LICENSEE to such
party and notwithstanding anything to the contrary herein or in any Supplement, LICENSEE shall have no
obligation to make any rental payments until Rental Documentation has been supplied to LICENSEE as
provided herein.
4. ELECTRICAL. LICENSOR shall, at all times during the Term of each Supplement, provide
electrical service and telephone service access within the Premises. In consideration for electrical
service, a specified amount shall be added to the annual rent due under each Supplement as additional
rent.
LICENSEE shall be permitted at any time during the Term of each Supplement, to install,
maintain and/or provide access to and use of, as necessary (during any power interruption at the
Premises), a temporary power source, and all related equipment and appurtenances within the
Premises, or elsewhere on the Property in such locations as reasonably approved by LICENSOR.
LICENSEE shall have the right to install conduits connecting the temporary power source and related
appurtenances to the Premises.
5. EXTENSIONS. Each Supplement shall automatically be extended for four (4) additional
five (5) year terms unless LICENSEE terminates it at the end of the then current term by giving LICENSOR
written notice of the intent to terminate at least three (3) months prior to the end of the then current
term. The initial term and all extensions under a Supplement shall be collectively referred to herein as
the "Term". Notwithstanding anything herein, after the expiration of this Agreement, its terms and
conditions shall survive and govern with respect to any remaining Supplements in effect until their
expiration or termination.
6. USE; GOVERNMENTAL APPROVALS. LICENSEE shall use the Premises for the purpose of
constructing, maintaining, repairing and operating a communications facility and uses incidental
thereto. LICENSEE shall have the right to replace, repair, add or otherwise modify its utilities,
equipment, antennas and/or conduits or any portion thereof and the frequencies over which the
equipment operates, whether the equipment, antennas, conduits or frequencies are specified or not on
any exhibit attached to a Supplement, during the Term. It is understood and agreed that LICENSEE's
ability to use the Premises is contingent upon its obtaining after the execution date of each Supplement
all of the certificates, permits and other approvals (collectively the "Governmental Approvals") that may
be required by any Federal, State or Local authorities as well as a satisfactory building structural analysis
which will permit LICENSEE use of the Premises as set forth above. LICENSOR shall cooperate with
LICENSEE in its effort to obtain such approvals and shall take no action which would adversely affect the
status of the Property with respect to the proposed use thereof by LICENSEE. In the event that (i) any of
such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental
Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by
governmental authority; and (iii) LICENSEE determines that such Governmental Approvals may not be
obtained in a timely manner, LICENSEE shall have the right to terminate the applicable Supplement.
Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in accordance with the
notice provisions set forth in Paragraph 17 and shall be effective upon the mailing of such notice by
2.5.b
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LICENSEE, or upon such later date as designated by LICENSEE. All rentals paid to said termination date
shall be retained by LICENSOR. Upon such termination, the applicable Supplement shall be of no further
force or effect except to the extent of the representations, warranties and indemnities made by each
Party to the other thereunder. Otherwise, the LICENSEE shall have no further obligations for the
payment of rent to LICENSOR for the terminated Supplement.
7. INDEMNIFICATION. Subject to Paragraph 8 below, to the extent permitted by law each
Party shall indemnify and hold the other harmless against any claim of liability or loss from personal
injury or property damage resulting from or arising out of the negligence or willful misconduct of the
indemnifying Party, its employees, contractors or agents, except to the extent such claims or damages
may be due to or caused by the negligence or willful misconduct of the other Party, or its employees,
contractors or agents.
8. INSURANCE.
a. The Parties hereby waive and release any and all rights of action for negligence
against the other which may hereafter arise on account of damage to the Premises or to the Property,
resulting from any fire, or other casualty of the kind covered by standard fire insurance policies with
extended coverage, regardless of whether or not, or in what amounts, such insurance is now or
hereafter carried by the Parties, or either of them. These waivers and relicenses shall apply between the
Parties and they shall also apply to any claims under or through either Party as a result of any asserted
right of subrogation. All such policies of insurance obtained by either Party concerning the Premises or
the Property shall waive the insurer's right of subrogation against the other Party.
b. LICENSOR and LICENSEE each agree that at its own cost and expense, each will
maintain commercial general liability insurance with limits not less than $1,000,000 for injury to or
death of one or more persons in any one occurrence and $500,000 for damage or destruction to
property in any one occurrence. LICENSOR and LICENSEE each agree that it will include the other Party
as an additional insured.
9. LIMITATION OF LIABILITY. Except for indemnification pursuant to Paragraphs 7 and 21,
neither Party shall be liable to the other, or any of their respective agents, representatives, employees
for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect,
special or consequential damages, loss of data, or interruption or loss of use of service, even if advised
of the possibility of such damages, whether under theory of contract, tort (including negligence), strict
liability or otherwise.
10. ANNUAL TERMINATION. Notwithstanding anything to the contrary contained herein,
provided LICENSEE is not in default hereunder beyond applicable notice and cure periods, LICENSEE shall
have the right to terminate each Supplement upon the annual anniversary of the Commencement Date
provided that three (3) months prior notice is given to LICENSOR.
11. INTERFERENCE. LICENSEE agrees to install equipment of the type and frequency which
will not cause harmful interference which is measurable in accordance with then existing industry
standards to any equipment of LICENSOR or other licensees of the Property which existed on the
Property prior to the date this Agreement is executed by the Parties. In the event any after-installed
LICENSEE's equipment causes such interference, and after LICENSOR has notified LICENSEE in writing of
such interference, LICENSEE will take all commercially reasonable steps necessary to correct and
eliminate the interference, including but not limited to, at LICENSEE’s option, powering down such
2.5.b
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equipment and later powering up such equipment for intermittent testing. In no event will LICENSOR be
entitled to terminate a Supplement or relocate the equipment as long as LICENSEE is making a good
faith effort to remedy the interference issue. LICENSOR agrees that LICENSOR and/or any other tenants
of the Property who currently have or in the future take possession of the Property will be permitted to
install only such equipment that is of the type and frequency which will not cause harmful interference
which is measurable in accordance with then existing industry standards to the then existing equipment
of LICENSEE. The Parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph and therefore, either Party shall have the right to
equitable remedies, such as, without limitation, injunctive relief and specific performance.
12. REMOVAL AT END OF TERM. LICENSEE shall, upon expiration of the Term, or within
ninety (90) days after any earlier termination of a Supplement, remove its equipment, conduits, fixtures
and all personal property and restore the Premises to its original condition, reasonable wear and tear
and casualty damage excepted. LICENSOR agrees and acknowledges that all of the equipment, conduits,
fixtures and personal property of LICENSEE shall remain the personal property of LICENSEE and LICENSEE
shall have the right to remove the same at any time during the Term, whether or not said items are
considered fixtures and attachments to real property under applicable laws. If such time for removal
causes LICENSEE to remain on the Premises after termination of the Supplement, LICENSEE shall pay
rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer
payment term, until such time as the removal of the antenna structure, fixtures and all personal
property are completed.
13. RIGHT OF FIRST REFUSAL (COMMUNICATIONS EASEMENT). If LICENSOR elects, during
the Term of any Supplement to grant to a third party by easement or other legal instrument an interest
in and to that portion of the Property occupied by LICENSEE, or a larger portion thereof, for the purpose
of operating and maintaining communications facilities or the management thereof, with or without an
assignment of the Supplement to such third party, LICENSEE shall have the right of first refusal to meet
any bona fide offer of transfer on the same terms and conditions of such offer. If LICENSEE fails to meet
such bona fide offer within thirty (30) days after written notice thereof from LICENSOR, LICENSOR may
grant the easement or interest in the Property or portion thereof to such third person in accordance
with the terms and conditions of such third party offer.
14. RIGHTS UPON SALE. Should LICENSOR, at any time during the Term of any Supplement
decide (i) to sell or transfer all or any part of the Property or the Pole thereon to a purchaser other than
LICENSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and to that
portion of the Pole and or Property occupied by LICENSEE, or a larger portion thereof, for the purpose of
operating and maintaining communications facilities or the management thereof, such sale or grant of
an easement or interest therein shall be under and subject to the Supplement and any such purchaser
or transferee shall recognize LICENSEE's rights hereunder and under the terms of the Supplement. In the
event that LICENSOR completes any such sale, transfer, or grant described in this paragraph without
executing an assignment of the Supplement whereby the third party agrees in writing to assume all
obligations of LICENSOR under the Supplement, then LICENSOR shall not be released from its obligations
to LICENSEE under the Supplement, and LICENSEE shall have the right to look to LICENSOR and the third
party for the full performance of the Supplement.
15. QUIET ENJOYMENT AND REPRESENTATIONS. LICENSOR covenants that LICENSEE, on
paying the rent and performing the covenants herein and in a Supplement, shall peaceably and quietly
have, hold and enjoy the Premises. LICENSOR represents and warrants to LICENSEE as of the execution
2.5.b
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date of each Supplement, and covenants during the Term that LICENSOR is seized of good and sufficient
title and interest to the Pole and Property and has full authority to enter into and execute the
Supplement. LICENSOR further covenants during the Term that there are no liens, judgments or
impediments of title on the Property, or affecting LICENSOR's title to the same and that there are no
covenants, easements or restrictions which prevent or adversely affect the use or occupancy of the
Premises by LICENSEE as set forth above.
16. ASSIGNMENT. This Agreement and each Supplement under it may be sold, assigned or
transferred by the LICENSEE without any approval or consent of the LICENSOR to the LICENSEE's principal,
affiliates, subsidiaries of its principal or to any entity which acquires all or substantially all of LICENSEE's
assets in the market defined by the FCC in which the Property is located by reason of a merger, acquisition
or other business reorganization. As to other parties, this Agreement and each Supplement may not be
sold, assigned or transferred without the written consent of the LICENSOR, which such consent will not be
unreasonably withheld, delayed or conditioned. No change of stock ownership, partnership interest or
control of LICENSEE or transfer upon partnership or corporate dissolution of LICENSEE shall constitute an
assignment hereunder.
17. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular
business is delivery service and provided further that it guarantees delivery to the addressee by the end
of the next business day following the courier's receipt from the sender, addressed as follows (or any
other address that the Party to be notified may have designated to the sender by like notice):
LICENSOR:
LICENSEE: Chicago SMSA Limited Partnership
d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the
foregoing.
18. RECORDING. LICENSOR agrees to execute a Memorandum of each Supplement which
LICENSEE may record with the appropriate recording officer. The date set forth in the Memorandum of
License is for recording purposes only and bears no reference to commencement of either the Term or
rent payments.
19. DEFAULT. In the event there is a breach by a Party with respect to any of the provisions
of this Agreement or its obligations under it, the non-breaching Party shall give the breaching Party
written notice of such breach. After receipt of such written notice, the breaching Party shall have thirty
(30) days in which to cure any breach, provided the breaching Party shall have such extended period as
may be required beyond the thirty (30) days if the breaching Party commences the cure within the thirty
(30) day period and thereafter continuously and diligently pursues the cure to completion. The non-
2.5.b
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breaching Party may not maintain any action or effect any remedies for default against the breaching
Party unless and until the breaching Party has failed to cure the breach within the time periods provided
in this Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this
Agreement if LICENSOR fails, within five (5) days after receipt of written notice of such breach, to
perform an obligation required to be performed by LICENSOR if the failure to perform such an obligation
interferes with LICENSEE’s ability to conduct its business at the Premises; provided, however, that if the
nature of LICENSOR’s obligation is such that more than five (5) days after such notice is reasonably
required for its performance, then it shall not be a default under this Agreement if performance is
commenced within such five (5) day period and thereafter diligently pursued to completion.
20. REMEDIES. In the event of a default by either Party with respect to a material provision
of this Agreement, without limiting the non-defaulting Party in the exercise of any right or remedy which
the non-defaulting Party may have by reason of such default, the non-defaulting Party may terminate
the applicable Supplement and/or pursue any remedy now or hereafter available to the non-defaulting
Party under the Laws or judicial decisions of the state in which the Premises are located. Further, upon
a default, the non-defaulting Party may at its option (but without obligation to do so), perform the
defaulting Party’s duty or obligation on the defaulting Party’s behalf, including but not limited to the
obtaining of reasonably required insurance policies. The costs and expenses of any such performance
by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If
LICENSEE undertakes any such performance on LICENSOR's behalf and LICENSOR does not pay LICENSEE
the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount
due, LICENSEE may offset the full undisputed amount due against all fees due and owing to LICENSOR
under the applicable Supplement until the full undisputed amount is fully reimbursed to LICENSEE.
21. ENVIRONMENTAL.
a. LICENSOR will be responsible for all obligations of compliance with any and all
environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies
of any governmental authorities regulating or imposing standards of liability or standards of conduct
with regard to any environmental or industrial hygiene conditions or concerns as may now or at any
time hereafter be in effect, that are or were in any way related to activity now conducted in, on, or in
any way related to the Pole or Property, unless such conditions or concerns are caused by the specific
activities of LICENSEE in the Premises.
b. LICENSOR shall hold LICENSEE harmless and indemnify LICENSEE from and
assume all duties, responsibility and liability at LICENSOR's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages)
and for responding to any action, notice, claim, order, summons, citation, directive, litigation,
investigation or proceeding which is in any way related to: a) failure to comply with any environmental
or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies
of any governmental authorities regulating or imposing standards of liability or standards of conduct
with regard to any environmental or industrial hygiene concerns or conditions as may now or at any
time hereafter be in effect, unless such non-compliance results from conditions caused by LICENSEE;
and b) any environmental or industrial hygiene conditions arising out of or in any way related to the
condition of the Pole or Property or activities conducted thereon, unless such environmental conditions
are caused by LICENSEE.
2.5.b
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c. LICENSEE shall hold LICENSOR harmless and indemnify LICENSOR from and
assume all duties, responsibility and liability at LICENSEE's sole cost and expense, for all duties,
responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses, costs, or damages)
and for responding to any action, notice, claim, order, summons, citation, directive, litigation,
investigation or proceeding which is in any way related to: a) failure to comply with any environmental
or industrial hygiene law, including without limitation any regulations, guidelines, standards, or policies
of any governmental authorities regulating or imposing standards of liability or standards of conduct
with regard to any environmental or industrial hygiene concerns or conditions as may now or at any
time hereafter be in effect, to the extent that such non-compliance results from conditions caused by
LICENSEE; and b) any environmental or industrial hygiene conditions arising out of or in any way related
to the condition of the Property or activities conducted thereon, to the extent that such environmental
conditions are caused by LICENSEE.
22. CASUALTY. In the event of damage by fire or other casualty to the Pole or Premises that
cannot reasonably be expected to be repaired within forty-five (45) days following same or, if the Pole
or Property is damaged by fire or other casualty so that such damage may reasonably be expected to
disrupt LICENSEE's operations at the Premises for more than forty-five (45) days, then LICENSEE may, at
any time following such fire or other casualty, provided LICENSOR has not completed the restoration
required to permit LICENSEE to resume its operation at the Premises, terminate the Supplement upon
fifteen (15) days prior written notice to LICENSOR. Any such notice of termination shall cause the
Supplement to expire with the same force and effect as though the date set forth in such notice were
the date originally set as the expiration date of the Supplement and the Parties shall make an
appropriate adjustment, as of such termination date, with respect to payments due to the other under
the Supplement. Notwithstanding the foregoing, the rent shall abate during the period of repair
following such fire or other casualty in proportion to the degree to which LICENSEE’s use of the Premises
is impaired.
23. APPLICABLE LAWS. During the Term, LICENSOR shall maintain the Property and the Pole
in compliance with all applicable laws, rules, regulations, ordinances, directives, covenants, easements,
zoning and land use regulations, and restrictions of record, permits, building codes, and the
requirements of any applicable fire insurance underwriter or rating bureau, now in effect or which may
hereafter come into effect (including, without limitation, the Americans with Disabilities Act and laws
regulating hazardous substances) (collectively “Laws”). LICENSEE shall, in respect to the condition of the
Premises and at LICENSEE’s sole cost and expense, comply with (a) all Laws relating solely to LICENSEE’s
specific and unique nature of use of the Premises; and (b) all building codes requiring modifications to
the Premises due to the improvements being made by LICENSEE in the Premises. It shall be LICENSOR’s
obligation to comply with all Laws relating to the Pole in general, without regard to specific use
(including, without limitation, modifications required to enable LICENSEE to obtain all necessary building
permits).
24. AUTHORIZED ENTITIES. This Agreement is entered into by the Parties each on its own
behalf and for the benefit of: (i) any entity in which the Party directly or indirectly holds an equity or
similar interest; (ii) any entity which directly or indirectly holds an equity or similar interest in the Party;
or (iii) any entity directly or indirectly under common control with the Party. Each Party and each of the
entities described above are referred to herein as an “Authorized Entity”. No obligation is incurred or
liability accepted by any Authorized Entity until that Authorized Entity enters into a site specific
Supplement. Only the Party and the Authorized Entity executing a Supplement are responsible for the
obligations and liabilities related thereto arising under that Supplement and this Agreement. All
2.5.b
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communications and invoices relating to a Supplement must be directed to the Authorized Entity signing
the Supplement. A default by any Authorized Entity will not constitute or serve as a basis for a default
by any other Authorized Entity not a party to the applicable Supplement.
25. MISCELLANEOUS. This Agreement and the Supplements that may be executed from
time to time hereunder contain all agreements, promises and understandings between the LICENSOR
and the LICENSEE regarding this transaction, and no oral agreement, promises or understandings shall
be binding upon either the LICENSOR or the LICENSEE in any dispute, controversy or proceeding. This
Agreement may not be amended or varied except in a writing signed by all Parties. This Agreement shall
extend to and bind the heirs, personal representatives, successors and assigns hereto. The failure of
either party to insist upon strict performance of any of the terms or conditions of this Agreement or to
exercise any of its rights hereunder shall not waive such rights and such party shall have the right to
enforce such rights at any time. The performance of this Agreement via each Supplement shall be
governed interpreted, construed and regulated by the laws of the state in which the Premises is located
without reference to its choice of law rules.
2.5.b
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seals
the day and year first above written.
LICENSOR:
By: _____ _ ____
WITNESS Its: _______________________________
____________________________ Date: _______________________________
LICENSEE:
Chicago SMSA Limited Partnership d/b/a
Verizon Wireless
By: Cellco Partnership, its general partner
By:
Lynn Ramsey
WITNESS Its: Area Vice President Network
______________________________ Date:
2.5.b
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11
EXHIBIT "A"
LICENSE SUPPLEMENT
This License Supplement (“Supplement”), is made this ____ day of _______, _______, between
___________________________, whose principal place of business is ____________________________
("LICENSOR"), and Chicago SMSA Limited Partnership, an Illinois limited partnership, d/b/a Verizon
Wireless, whose principal place of business is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
Jersey 07920 ("LICENSEE").
1. Master License Agreement. This Supplement is a Supplement as referenced in that certain
Master License Agreement between ______________________ and Chicago SMSA Limited Partnership
d/b/a Verizon Wireless, dated ________ ____, 201__, (the “Agreement”). All of the terms and
conditions of the Agreement are incorporated herein by reference and made a part hereof without the
necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or
inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement
shall govern. Capitalized terms used in this Supplement shall have the same meaning described for
them in the Agreement unless otherwise indicated herein.
2. Premises. The Property owned by Licensor is located at
___________________________________. The Premises licensed by the LICENSOR to the LICENSEE
hereunder is described on Exhibit “1” attached hereto and made a part hereof.
3. Term. The Commencement Date and the Term of this Supplement shall be as set forth in the
Agreement.
4. Consideration. Rent under this Supplement shall be __________________ per year, payable to
__________________________ at ___________________. In consideration for electrical service,
_______________________ shall be added to the annual rent due under this Supplement as additional
rent.
5. Site Specific Terms. (Include any site-specific terms)
2.5.b
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IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their respective seal
the day and year first above written.
LICENSOR
<ENTITY NAME>
_______________________ By: _______________________
WITNESS Name: ____________________
Title: _____________________
Date:
_______________________
WITNESS
LICENSEE
Chicago SMSA Limited Partnership d/b/a Verizon
Wireless
By: Cellco Partnership, its general partner
_______________________ By: ______________________
WITNESS Name: Lynn Ramsey
Title: Area Vice President Network
Date:
_______________________
WITNESS
2.5.b
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13
EXHIBIT 1
Premises
2.5.b
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Attachment C
VILLAGE OF GLENCOE
ORDINANCE NO. 2012-______-______
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE
GLENCOE ZONING CODE RELATING TO PERSONAL WIRELESS
SERVICE AND PUBLIC UTILITY FACILITIES AND INFRASTRUCTURE
WHEREAS, the Village of Glencoe Zoning Code contains existing regulations for public
utility and personal wireless service (“PWS”) facilities, and related infrastructure; and
WHEREAS, changes in technology have impacted the development, use, character, and
deployment of PWS and utility facilities in the Village; and
WHEREAS, pursuant to Resolution R-09-2012, the Village Board authorized and
directed the Zoning Commission to conduct a public hearing and recommend proposed
amendments to the Village's Zoning Code regarding consideration of potential amendments to
the Zoning Code relating to PWS and public utility facilities and infrastructure located on zoning
lots and rights-of-way within the Village (collectively, the “Facilities”), including, without
limitation, review of the following sections of the Zoning Code: 3-102A7, 3-103G, 4-102E4, 4-
103E, and 8-101(D); and
WHEREAS, pursuant to notice duly published in the Glencoe News, the Zoning
Commission of the Village of Glencoe did on June 4, 2012 commence a public hearing on
possible modifications to the Glencoe Zoning Code regarding the Facilities, which public hearing
concluded on June 4, 2012; and
WHEREAS, based on the evidence presented at that public hearing, the Zoning
Commission recommended approval of certain amendments to the Zoning Code regarding the
Facilities; and
WHEREAS, having considered the recommendations of the Zoning Commission, the
President and Board of Trustees have determined that the best interests of the Village and its
residents will be served by amending the Village's Zoning Code as hereinafter set forth;
2.5.b
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Attachment C
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the
Village of Glencoe, County of Cook, State of Illinois, as follows:
SECTION ONE: Recitals. The foregoing recitals are by this reference made a part
of this Ordinance as if fully set forth in this Section.
SECTION TWO: Amendments to Section 3-102A7of the Glencoe Zoning Code.
Paragraph 7, entitled “Personal Wireless Services Antennae,” of Subsection A, entitled “R-A
and R-B Single Family Residential Districts, of Section 3-102, entitled “Permitted Uses,” of
Article III, entitled “Residential Districts," of the Glencoe Zoning Code, shall be and is hereby
amended to hereafter be and read as follows:
3-102 PERMITTED USES
The following uses and no others are permitted as of right in residential
districts.
A. R-A and R-B Single Family Residential Districts
***
7. Personal Wireless Services Antennae, with or without
antenna support structures and related equipment, but only if : (a) located
on property owned or occupied by the Village and lying west of the Edens
Expressway, subject to the standards in Paragraph 5-101D12 of this
Code, and not including personal wireless services antennae located on a
tower; or (b) on existing utility poles on zoning lots or rights-of-way,
subject to the standards in Paragraph 5-101D14.
SECTION THREE: Amendments to Section 3-103G of the Glencoe Zoning Code.
Subsection G, entitled “Personal Wireless Service Antennae with or without Antenna Support
Structures or Located on Towers,” of Section 3-103, entitled “Special Uses,” of Article III,
entitled “Residential Districts," of the Glencoe Zoning Code, shall be and is hereby amended to
hereafter be and read as follows:
G. Personal Wireless Service Antennae with or without Antenna
Support Structures or Located on Towers, provided that such personal
wireless services antennae may be located only on a zoning lot owned or
occupied by the Village, the Glencoe Park District, the Glencoe
Elementary School District, the Forest Preserve District of Cook County, a
place of public worship, a public right-of-way, or a private golf club. No
special use permits authorizing construction of a new antenna support
2.5.b
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Attachment C
structure or addition to, enlargement of, or expansion of use of an existing
antenna support structure shall be authorized unless the applicant is able
to demonstrate: (1) that no lawfully pre-existing antenna support
structure, or (2) for a proposed tower, that no lawfully pre-existing building
or structure is available, on commercially reasonably terms, and sufficient
for the location of an antenna necessary for the provision of personal
wireless services. Any such personal wireless services antennae shall
also be subject to the standards in Paragraph 5-101D12 or Paragraph 5-
101D13, as applicable.
SECTION FOUR: Amendments to Section 4-102E4 of the Glencoe Zoning Code.
Paragraph 4, entitled “Personal Wireless Services Antennae,” of Subsection E, entitled
“Transportation and Utility Services,” of Section 4-102, entitled “Permitted Uses,” of Article IV,
entitled “Business Districts," of the Glencoe Zoning Code, shall be and is hereby amended to
hereafter be and read as follows:
4. Personal Wireless Services Antennae, with or without antenna support
structures and related equipment, but only if: (a) located on property
owned or occupied by the Village, and subject to the standards in
Paragraph 5-101D12 of this Code, and not including personal wireless
services antennae located on a tower; or (b) on existing utility poles on
zoning lots or rights-of-way, subject to the standards in Paragraph
5-101D14.
SECTION FIVE: Amendments to Section 4-103E of the Glencoe Zoning Code.
Subsection E, entitled ““Personal Wireless Services Antennae Located on Towers,” of Section
4-103, entitled “Special Uses,” of Article IV, entitled “Business Districts," of the Glencoe Zoning
Code, shall be and is hereby amended to hereafter be and read as follows:
E. Personal Wireless Services Antennae either: (1) located on the
ground, a building, or a utility pole within a zoning lot or right-of-way
but not otherwise permitted; or (2) located Located on Towers,
provided, however, that no such special use permit shall be granted
unless the Board of Trustees shall find that, in addition to the other
applicable standards for a special use permit, the evidence establishes
that there is a community need for such antenna and tower at the location
proposed and that such antenna and tower comply with the standards set
forth in Paragraph 5-101D13 of this Code. No special use permits
authorizing construction of a new tower or addition to, enlargement of, or
expansion of use of a lawfully existing tower shall be authorized unless
the applicant is able to demonstrate that no lawfully pre-existing antenna
support structure or lawfully pre-existing building or structure is available
2.5.b
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Attachment C
on commercially reasonable terms, and sufficient for the location of an
antenna necessary for the provision of personal wireless services.
SECTION SIX: Amendments to Section 5-101D of the Glencoe Zoning Code.
Subsection D, entitled “Special Regulations Applicable to Particular Accessory Structures and
Uses,” of Section 5-101, entitled “Accessory Structures and Uses,” of Article V, entitled “District
Regulations of General Applicability,” shall be and is hereby amended by adding a new
Paragraph 14 to be entitled "Personal Wireless Services Antennae and Related Equipment on
Existing Utility Poles," which new Paragraph 14 shall hereafter be and read as follows:
14. Personal Wireless Services Antennae and Related Equipment
on Existing Utility Poles. Personal wireless services antennae and
related equipment shall be permitted to be attached to existing
utility poles within public rights-of-way and on zoning lots in the
Residential and Business Districts, subject to the following
regulations:
(a) Unavailability of Village Sites; Rights-of-Way. No
personal wireless services antenna shall be permitted on any utility
pole located on a lot that is not owned or occupied by the Village
unless the applicant is able to demonstrate that no such Village-
owned or occupied property is available, on commercially
reasonable terms, and sufficient for the location of an antenna
necessary for the provision of personal wireless services. Any
personal wireless services antenna or related equipment may only
be attached to an existing utility pole within a public right-of-way in
accordance with the requirements of Article IX of Chapter 30 of the
Village Code (or any successor provisions of the Village Code
governing construction of utility facilities in the rights-of-way).
(b) Number Limitation. Not more than one personal
wireless services antenna or antenna support structure may be
located on a single utility pole.
(c) Attachment to Utility Poles; Limitations. No such
personal wireless services antenna or antenna support structure
shall be attached to a utility pole unless all of the following
conditions are satisfied:
(i) Size. The personal wireless services antenna and
related equipment shall not exceed four (4) square feet
in antenna surface area or four (4) feet in any
dimension.
(ii) Height. The personal wireless services antenna and
related equipment shall not extend more than seven
2.5.b
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Attachment C
(7) feet above the height of the utility pole to which it is
attached.
(iii) Mounting. The personal wireless services antenna and
related equipment shall be designed to withstand a
wind force of 100 miles per hour without the use of
supporting guy wires.
(iv) Color. The personal wireless services antenna and
related equipment shall be a color that blends with the
surroundings of the pole on which it is mounted. Any
wiring on the pole must be covered with an
appropriate cover or cable shield.
(v) Grounding. The personal wireless services antenna
and related equipment structure shall be bonded to a
grounding rod.
(vi) Other Standards. The personal wireless services
antenna and related equipment shall satisfy such other
design and construction standards as are required in
the Building Code and other ordinances, codes, or
regulations to ensure safe construction and
maintenance of the personal wireless services antenna
and its support structure.
(d) Separation and Setback Requirements. Personal
wireless services antennae and related equipment attached to a
utility pole shall be located no closer than 100 feet to any residential
building, and no closer than 500 feet from any other personal
wireless services antenna, unless expressly authorized in writing by
the Village Manager or the Manager's designee pursuant to Article IX
of Chapter 30 of the Village Code.
(e) Guy Wires Restricted. No guy or other support wires
shall be used in connection with such personal wireless services
antenna or its related equipment.
(f) Equipment Enclosures. All electronic and other related
equipment and appurtenances necessary for the operation of any
personal wireless services antenna shall comply fully with the
Article IX of Chapter 30 of the Village Code.
(g) Screening. See Subsection 30-86(e) of the Village Code
for landscaping and screening requirements applicable to ground
mounted antennae and related equipment.
(h) Licenses and Permits. The provider of every personal
wireless services antenna shall maintain all licenses and permits
required by other agencies and governments with jurisdiction over
the design, construction, location and operation of such antenna. In
2.5.b
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Attachment C
addition, any such operation shall provide copies of such licenses
and permits and provide evidence of renewal or extension thereof
when requested by the Village Manager.
(i) Abandonment and Removal. When one or more
personal wireless services antennae or related equipment are not
operated for the provision of personal wireless services for a
continuous period of 12 months or more, such personal wireless
services antenna, antenna support structure, or related equipment
may be deemed to be abandoned by the Village. The owner of such
personal wireless services antenna or related equipment shall
remove such items within 90 days following the mailing of written
notice that removal is required. Such notice shall be sent by
certified or registered mail, return receipt requested, by the Village
to such owner at the last known address of such owner.
SECTION SEVEN: Amendments to Section 8-101D of the Glencoe Zoning Code.
Subsection D, entitled “Exempt Uses,” of Section 8-101, entitled “General Applicability,” of
Article VIII, entitled “Applicability, Scope, and Construction,” of the Glencoe Zoning Code, shall
be and is hereby amended to hereafter be and read as follows:
D. Exempt Uses. The following utility uses are exempt from the provisions
of this Code: poles, wires, cables, postal boxes, conduits, vaults, laterals,
pipes, mains, and valves, and postal boxes or equipment cabinets not
larger than 50 inches in width, 26 inches in depth, or 63 inches in
height (but not including substations located on or above the surface of
the ground), for the distribution to consumers of telephone, cable
television or other communications, electricity, gas or water, or for the
collection of sewage or surface water. All such uses shall, however,
comply with the subdivision and other applicable ordinances of the
Village. Any utility uses or facilities that are not exempt under this
provision or otherwise permitted under the applicable Zoning
District regulations of this Code may be authorized pursuant to a
special use permit.
SECTION EIGHT: Effective Date. This Ordinance shall be in full force and effect
upon its passage, approval, publication in pamphlet form, and posting in the manner provided
by law.
PASSED THIS _____ DAY OF ___________, 2012.
AYES:
NAYS:
2.5.b
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Attachment C
ABSENT:
ABSTAIN:
APPROVED THIS ____ DAY OF __________________, 2012.
____________________________
Village President
ATTEST:
____________________________
Village Clerk
Published in pamphlet form this ____ day of ______________, 2012.
____________________________
Village Clerk
Posted this _____ day of __________________, 2012.
____________________________
Village Clerk
Approved as to form.
____________________________
Village Attorney
2.5.b
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1
Attachment D
70 W. Madison Street
Suite 4500
Chicago, IL 60602
Main (312) 345-5700
Fax (312) 345-5701
MEMORANDUM
TO: Larry Bury, Northwest Municipal Conference
FROM: Bob Kenny
RE: Small Cell Antenna Inquiry
DATE: August 7, 2013
THE ULTIMATE LEGAL QUESTION IS TO WHAT EXTENT
MUNICIPALITIES CAN REGULATE A
TELECOMMUNICATIONS COMPANY’S ACTIVITIES.1
A. ILLINOIS TELEPHONE COMPANY ACT (ITCA)
a. ITCA permits telecom carriers to use public land, including public ROW, for
utility purposes but ITCA also permits municipalities to regulate use of the
public streets. (ITCA 220 ILCS 65/4)
i. A municipality’s authorized powers are limited to regulation of the
use of the right of way
b. Public streets are held in trust for the use of the public
i. if town completely deprives telecom company of use of the ROW for
telecom network the regulation goes too far and exceeds authority
under ITCA
ii. towns can’t completely restrict use of public ROW under the guise of
regulation
c. ITCA permits telecom carriers to “construct, maintain, alter, and extend its
poles, wires and other appliances as a proper use of highways, along, upon
and under and across any highways, street, alleys public ROW dedicated or
commonly use for utility purposes but so as not incommode the public in the
use thereof.” (ITCA 220 ILCS 65/4)
a. However ITCA also states that nothing in the ITCA shall interfere with
the control now vested in the cities in relation to regulation of the poles,
wires, cables and other appliances
b. The ITCA requires the telecom company to give the town either 10 or 30
day notice (depending on whether excavation is required) before placing
or constructing lines, after which the town has 10 or 25 days to specify the
portion of ROW upon which the line may be placed or constructed. Then
1References: ITCA; FTA; IL Bell vs. Itasca 503 F Supp 2d 928; TC Systems vs. Town of Colonie 263 F
Supp 2d 471; AT&T vs. Arlington Heights 16 IL 2d 399
2.5.b
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2
Attachment D
70 W. Madison Street
Suite 4500
Chicago, IL 60602
Main (312) 345-5700
Fax (312) 345-5701
upon identification of the usable portion of ROW, the telecom company
must provide the town with its plans and specs
c. ITCA permits the requirement of municipal consent prior to any such
construction or expansion, but the consent of the municipality may not be
unreasonably withheld or refused for an improper reason
d. Illinois courts have not specifically defined the limits of municipal power
retained under ITCA, however the Illinois Supreme Court indicated that
towns do not have a proprietary interest in the public streets (AT&T vs.
Arlington Heights 16 Ill 2d 399)
e. Arlington Heights case found towns can not coerce a telecom carrier to
enter into a franchise agreement in exchange for use of public streets
because towns: 1) are prohibited from charging rent for use of the city
streets; 2) are prohibited from taxing a company for business originating
outside the town; and 3) do not possess proprietary powers over ROW to
rent or lease parts of ROW; they only possess regulatory powers.
f. ITCA grants telecom companies the right to implement any telecom
appliance, including the ground mounted utility installations.
B. FEDERAL TELECOM ACT OF 1996 (FTA)
a. Enacted to promote competition and reduce regulation in order to secure
lower prices and higher quality services for consumers. It is the basis for
the telecom companies’ preemption argument
b. Section 253 of the FTA is the removal of governmental barriers provision.
It embodies the balance between Congress’ new free market vision and its
recognition of the continuing need for state and local governments to
regulate telecom providers on grounds such as consumer protection and
public safety.
c. Under Section 253, if village actions go beyond the village’s power to
engage in reasonable and ordinary management of the public ROW then
the regulation will be invalidated as being preempted by the FTA;
i. Question becomes whether towns ordinances and actions fall
within “safe harbor” of subsection 253 (c)
1. Right to manage the public ROW contained in 253 (c)
authorizes town control over the ROW itself, not control
over companies with facilities in the ROW
2. Section 253 (c) states that local govt must be allowed to
perform the range of vital tasks necessary to preserve the
physical integrity of streets and highways to control the
orderly flow of vehicles and pedestrians to manage gas,
water, cable, both electric and cable TC, and telephone
facilities that crisscross the streets and public ROW.
3. The types of activities that fall within the sphere of
appropriate ROW management include coordination of
construction schedules, determination of insurance,
2.5.b
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Attachment D
70 W. Madison Street
Suite 4500
Chicago, IL 60602
Main (312) 345-5700
Fax (312) 345-5701
bonding and indemnity requirements, regulation of street
excavation, regulation of placement of facilities within the
public ROW; imposition of fees to cover increased costs
resulting from construction, monitoring the construction in
the ROW, establishment and enforcement of building
codes, and keeping track of the various systems using the
ROW to prevent interference between them. (503 F Supp
2d 928)
4. During floor debate Dianne Feinstein stated that Congress
intended to permit the following local government
regulation under 253 (c):
a. regulate the time or location of excavation to
preserve effective traffic flow, prevent hazardous
road conditions, or minimize noise impacts;
b. require a company to place its facilities
underground rather than overhead, consistent with
the requirements imposed on other utility
companies;
c. require a company to pay fees to recover an
appropriate share of the increased street repair and
paving costs that result from repeated excavation
d. require a company to indemnify the city against
any claims of injuring arising from the company’s
excavation
ii. Courts look at the challenged provisions themselves and not the
way the town applies them – provisions get invalidated because
the town can apply the regulations, not because the town
actually did apply them
d. Provisions that were invalidated in New York Federal Court case
discussing provisions in a franchise agreement include: 2
i. allowing the town ultimate discretion to consider any factor
deemed in the public interest both in allowing a permit to be
issued and in allowing a franchise to be granted albeit one that
can be waived by the town and thus violates 253 (a)
ii. If the town retains the right to reject any applications for public
interest factors that in itself is error and the town cannot argue
that the actual effects of that right to reject did not actually cause
rejection of the application
iii. allowing the town to consider the adequacy of the terms and
conditions of the franchise to protect the public interest
2 (NOTE: In Illinois the Arlington Heights court case limits town’s authority to make public ROW access
for telecom contingent on a franchise agreement. But the restrictions invalidated in this Federal Court Case
regarding franchise agreement provisions are instructive.
2.5.b
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4
Attachment D
70 W. Madison Street
Suite 4500
Chicago, IL 60602
Main (312) 345-5700
Fax (312) 345-5701
iv. any other public interest factor which provides that upon
completion of the steps that the town may grant or deny the
franchise
v. regulation of transferability of ownership
vi. non-tax fees
vii. the town’s option of prohibiting telecom services by a particular
provider
viii. several provisions in combination having the effect of prohibiting
the provision of telecom services
ix. The law doesn’t require that the claimed prohibition be absolute.
All telecom company must do to meet their burden is show that,
as a whole, the town’s regulations and actions materially inhibit
the telecom company’s ability to provide telecom services
x. ability to consider the legal, financial and technical qualifications
of the applicant in deciding whether to allow the franchise – this is
because such a provision requires the consideration of
information that is not directly related to management of the
ROW
xi. disclosure requirement that are not related to management of the
towns right of way, i.e. requirement of what telecom services are
to be provided; source of financing for the telecom services and
applicant’s qualification to receive a franchise – invalidate because
these provisions were relevant only for the regulating of the
telecommunications and not the ROW which 253 does not permit
xii. consent prior to a transfer of a franchise since it gives the town the
authority to legitimately turn away any provider without bounds;
xiii. notice requirement if company intends to add additional services
or increase the size or number of their present services; cant
regulate the services only the ROW
xiv. ability to revoke or suspend the right to use the ROW that are
unrelated to regulation of the ROW are invalid
xv. authority of town to establish such rules an and regulations as
may be in the public interest regarding the franchisees operations
with the town goes beyond the limits of 253 (c)
xvi. telecom services outside the scope of this franchise was held to be
invalid as giving the town too much authority
xvii. requiring the telecom company to waive their right to bring a
proceeding challenging the local law is also invalid
xviii. requirement that company shall report such useful information as
town may consider to be useful
xix. providing access to review and copy papers, books, accounts are
overly broad
2.5.b
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5
Attachment D
70 W. Madison Street
Suite 4500
Chicago, IL 60602
Main (312) 345-5700
Fax (312) 345-5701
e. Provisions found to be valid included language that the town will
consider the following factors and shall not unreasonably withhold its
consent if
i. failure to provide assurance that company has ability to pay
reasonably imposed fees for the use of the ROW
ii. the franchisee has paid the costs incurred by the town in
reviewing such request;
iii. the proposed transferee or assignee is a reputable entity;
iv. but a more limited franchise could be reasonably related to
regulating the use of the ROW
v. a transfer limitation if applied neutrally to all franchisees, might
permit rejection of a transferee on the basis of insufficient
assurance of ability to pay reasonably imposed fees for the use of
the ROW
vi. the proposed assignee is in sound financial condition as
reasonably determined by the town;
vii. The proposed assignee agrees to enter into the franchise
agreement with the town.
viii. Provisions that enumerate various construction and relocation
requirements and that are directly related to the town’s ROW
authority are okay as they are designed to manage construction in
the ROW and ensure that any disruption to the ROW is minimal
C. PROCESS FOR RESOLVING A DISPUTE WITH A TELECOM COMPANY.
a. To determine whether an ordinance has the effect of prohibiting the
provision of telecom services, the test is whether the local ordinance
materially inhibits or limits the ability of any competitor or potential
competitor to compete in a fair and balanced legal and regulatory
environment
b. The burden of showing that a town has violated 253(a) is on the telecom
entity arguing that a local regulation is preempted
c. Once the telecom company shows that 253 (a) is violated then the burden
of proving the regulation is saved by 253 (c) is on the town claiming the
safe harbor applies
i. 253 (c) reserves the right of local government to manage the public
rights of ways as well as their right to charge “fair and reasonable
compensation as long as it is done on a competitively neutral and
nondiscriminatory manner
2.5.b
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02/17/2016
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, FEBRUARY 17, 2016
Call to Order
The meeting was called to order at 7:31 PM by Commissioner Eric Smith
Public Hearings
1.(ID # 1465) Consider a Text Amendment to the Zoning Ordinance Concerning E-
Cigarettes and Tobacco Stores (Trustee Weidenfeld)
Ms. Woods provided an overview of the request as detailed in the Staff Report dated
February 12, 2016. Staff recommends that the PZC recommend to the Village Board to
approve amendments to the Village Code. Should the PZC support the suggested
amendments, staff will direct the Village Attorney to draft an Ordinance for the Village
Board's consideration.
On February 10th, staff along with representatives from the PZC and the Board attended
the Health Commission meeting. Staff presented an overview of electronic cigarettes and
vaping products and proposed regulations. Staff asked the Health Commission to
specifically address regulations directly related to their area of interest - amending
Smoking in Public Places Ordinance (Section 9 of Village Code) to prohibit the public
usage of electronic cigarettes and vape products. The Health Commission was directly
involved in developing the original Smoking in Public Places Ordinance. After discussing
of the e-cigarette products, vape stores and lounges, the Health Commission
unanimously recommended the Village Board approve an amendment to the Smoking in
Public Places Ordinance to prohibit the usage of e-cigarettes and related vaping products
in public places. This prohibition is similar to how the Village handles tobacco products in
public places.
Staff is seeking support from the PZC to amend the Village Code so the Code would:
·Create a definition for “tobacco shops” and include the retail sale of e-cigarettes and
vaping equipment in the definition. This would allow e-cigarette/vape stores to be
permitted uses in the same zoning districts as tobacco shops (B1 through B5 Districts).
·Restrict e-cigarette/vape stores to be retail-only establishments and prohibit sampling.
·Prohibit the usage of e-cigarettes and related vaping products in public places. This
would essential prohibit vape lounges.
Staff will be working with the Village Attorney to ensure modifications are consistent
across the various sections of the Village Code. This includes amending the Village’s
Smoking in Public Places Ordinance and tobacco licensing provisions. Furthermore, staff
will work with the Village Attorney on creating the appropriate definition for “tobacco
shops” and include the necessary language to allow the retail sale of e-cigarettes and
vaping products.
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Com. Cesario stated that he attended the Health Commission meeting on February 10,
2016. He added that the Health Commission also discussed deeper health issues related
to smoking as well as the confusion of the public when people use the vaping products
indoors.
Com. Goldspiel stated that the State has recently passed a law prohibiting persons under
the age of 18 of using the e-cigarettes and vaping products. He asked if the Village
should include an age restriction in our Ordinance. Ms. Woods advised that the State law
covers this issue, so the Village does not need to include an age restriction. Mr. Stilling
added that he does not believe the Village needs to include an age restriction, but he will
verify that with the Village Attorney.
Com. Moodhe advised that he had the same concern regarding age and confirmed with
Mr. Raysa that the State did pass the law. He also attended the Health Commission
meeting and advised that a recent study was conducted concerning the effects of the
chemical flavoring used in the products. He believes the Village is doing the best it can to
regulate these emerging products.
Ch. Smith entered the Staff Report dated February 12, 2016 as Exhibit 1.
There were no additional questions or comments from the Commissioners. There were
no questions or comments from the audience.
The public hearing was closed at 7:44 PM.
Moved by Weinstein, seconded by Cohn, to recommend to the Village Board to approve an
amendment to the Village Code to:
- Create a definition for “tobacco shops” and include the retail sale of e-cigarettes and vaping
equipment in the definition. This would allow e-cigarette/vape stores to be permitted uses
in the same zoning districts as tobacco shops (B1 through B5 Districts);
- Restrict e-cigarette/vape stores to be retail-only establishments and prohibit sampling; and
- Prohibit the usage of e-cigarettes and related vaping products in public places. This would
essential prohibit vape lounges.
RESULT:RECOMMENDATION TO APPROVE [UNANIMOUS]
MOVER:Mitchell Weinstein, Commissioner
SECONDER:Matthew Cohn, Commissioner
AYES:Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein
ABSENT:Scott Lesser, Ira Shapiro
Regular Meeting
Matters for Discussion
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1.(ID # 1463) Consider a Recommendation to the Village Board Regarding the
2016 Zoning Map (Trustee Berman)
Ms. Woods provided an overview as described in the Staff Report dated
February 10, 2016. Pursuant to State Statute, the Village is required to publish
it's official zoning map by March 31, 2016. The map has been revised to reflect
the annexation and rezoning for the Easton Station Townhomes.
Mr. Stilling thanked Ms. Woods and Mr. Jim Silverstein for their hard work and
dedication on creating the 2016 Zoning Map. It was a large undertaking.
Com. Goldspiel asked if the Village should include on the map the area where
the medical cannabis dispensaries are allowed. Mr. Stilling advised that
information should not be included on the official zoning map. Com. Goldspiel
asked if past action information was verified and included on the map. Ms.
Woods stated that previously approved special uses and variances should not be
shown on this map. Mr. Stilling added that the zoning map is updated annually
and there has been only a handful of changes in the last few years. He advised
of one correction to the map since the print date of February 9, 2016.
Com. Moodhe asked if anticipated annexations can be included on the map. Mr.
Stilling responded that anticipated annexations cannot be included on the map.
Com. Moodhe asked if the zoning ordinance could be amended to reduce the
number of plan proposals and special uses that need to be heard before the
PZC. Mr. Stilling advised that the Village could look into more appropriate zoning
classes and better defined uses.
Com. Weinstein recommended to include language in the legend that
variances/special uses are not included on the map.
Com. Cohn recommended creating a separate map of the Industrial zoned areas
to identify where special uses have been approved.
There were no additional questions or comments from the Commissioners.
Moved by Weinstein, seconded by Cesario, to recommend to the Village Board
to approve the 2016 Zoning Map with a print date of February 17, 2016 which
included minor revisions.
RESULT:RECOMMENDATION TO APPROVE [UNANIMOUS]
MOVER:Mitchell Weinstein, Commissioner
SECONDER:Frank Cesario, Commissioner
AYES:Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein
ABSENT:Scott Lesser, Ira Shapiro
Approval of Minutes
1.Planning and Zoning Comission - Regular Meeting - Feb 3, 2016 7:30 PM
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Com. Goldspiel advised of two minor corrections under the Preliminary Plan
Approval for a 12 Unit Townhome Development - Workshop #2.
There were no additional corrections.
RESULT:ACCEPTED AS AMENDED [UNANIMOUS]
MOVER:Adam Moodhe, Commissioner
SECONDER:Frank Cesario, Commissioner
AYES:Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Weinstein
ABSENT:Scott Lesser, Ira Shapiro
Chairman's Report
None.
Committee and Liaison Reports
Mr. Stilling advised that the next Village Board meeting is scheduled for Monday, February 22,
2016. There are several PZC items on the agenda and reminded the PZC liaisons that are
scheduled to attend this meeting.
Future Agenda Schedule
Mr. Stilling advised that the next PZC meeting is scheduled for March 2, 2016. The following
items are scheduled to appear on that agenda:
- Starbucks Coffee, Sign Code variations for their two (2) locations to replace their existing order
speaker box with a digital order display.
- A text amendment with regards to small cell antenna regulations.
- Classic Car Company, a text amendment and Special Use request to allow car sales in the
Industrial District.
- No Escape, a Special Use request for an amusement use at the Plaza Verde West Shopping
Center.
Staff Report
None.
Public Comments and Questions
None.
Adjournment
The meeting was adjourned at 8:06 PM
Chris Stilling Director of Community Development
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02/17/2016
APPROVED BY ME THIS 17th DAY OF February , 2016
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