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2000-001s VILLAGE OF BUFFALO GROVE ORDINANCE NO. '/ ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GR THIS AY OF 2000 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook A Lake Counties, Illinois, this Zj day of 2000 Village Clerk - By,. eputy Village Clerk 1/10/2000 ORDINANCE NO. 2000 - 1 AN ORDINANCE APPROVING AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT (P.U.D.), PRELIMINARY PLAN AND SPECIAL USE IN THE B -3 PLANNED BUSINESS CENTER DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Northwest Community Healthcare (NWCH), Southeast corner of IL Route 83 (McHenry Road) /Lake Cook Road WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Northwest Community Healthcare, Inc., an Illinois not - for - profit corporation (hereinafter referred to as the "Owner "), is the owner of a certain tract of property comprising 12.117 acres legally described in the Legal Description, attached hereto as EXHIBIT A and made a part hereof and identified as Parcel 1, Parcel 2 and Parcel 3 within the corporate limits of the Village of Buffalo Grove (7.567 acres), and Parcel 4 (4.55 acres) within in the corporate limits of the Village of Wheeling, and; 2 WHEREAS, said Parcel 1, Parcel 2, Parcel 3 and Parcel 4 as identified in EXHIBIT A are together hereinafter referred to as the Property; and, WHEREAS, said Parcel 1, Parcel 2 and Parcel 3 of the Property are zoned in the B -3 Planned Business Center District by the Village of Buffalo Grove and Parcel 4 is zoned R -1 by the Village of Wheeling; and, WHEREAS, Parcel 1 has been developed with a two -story medical office building of 32,200 square feet as approved by Village of Buffalo Grove Ordinance No. 80 -49. Parcel 2 has been developed with an immediate care medical treatment facility of 14,147 square feet as approved by Village of Buffalo Grove Ordinance No. 79 -44. A communications tower of 140 feet in height (not constructed) was approved as a Special Use on Parcel 3 by Village of Buffalo Grove Ordinance 98 -48; and; WHEREAS, Northwest Community Healthcare as Owner of the Property has petitioned to the Village of Buffalo Grove for approval of an amendment to the Planned Unit Development (P.U.D.), Preliminary Plan and Special Use; and, WHEREAS, Owner proposes to construct a two -story building addition with a total gross floor area of 33,815 square feet, construct additional parking and construct a communications tower of 140 feet in height (in a different location on Parcel 3 than the location approved by Ordinance No. 98 -48) in accordance with and pursuant to the Preliminary Plan prepared by O'Donnell, Wicklund, Pigozzi and Peterson, Architects Incorporated (OWP &P), dated as last revised August 27, 1999 and attached hereto as EXHIBIT D, and incorporated herein, and a Preliminary Engineering Plan prepared by Gewalt Hamilton Associates, Inc. dated as last revised 3 November 30,1999 and attached hereto as EXHIBIT E and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations pursuant to the requested amendment of the Planned Unit Development, Preliminary Plan, and Special Use including variations of the Village Development Ordinance concerning stormwater detention; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereafter referred to as the "Corporate Authorities ") after due and careful consideration have determined that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 1. Applicable Law. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. 2. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan n (including a plat of subdivision) based on final versions of the plans and drawings as submitted by the Owner provided that the Development Plan shall: (A) conform to the approved Preliminary Plan (EXHIBITS D and E), and (B) conform to the terms of this Ordinance and all applicable Village Ordinances as amended from time to time; and (C) conform to the approved Development Improvement Agreement (EXHIBIT C) as amended from time to time. The Village hereby grants an amended Special Use for the construction of an 140- foot communications tower as depicted on the EXHIBITS hereto. 3. Compliance with Applicable Ordinances. Owner shall comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Ordinance shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated, to the extent possible. Owner, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that such ordinances or regulations would prevent development of the Preliminary Plan approved herein. 5 4. Amendment of Plan. If the Owner desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and /or the Corporate Authorities to consider such changes to this Ordinance. The Corporate Authorities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Ordinance, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such change increases the total ground area covered by buildings by more than two percent (2 %). 5. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Ordinance, the Village reserves the right to pass along any and all additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non - discriminatory new or additional fees hereinafter charged by the Village to properties within the Village. 6. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to be extent shown on EXHIBIT E are hereby approved by the Village. It is M understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non - discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the Owner and, except for service connections to the building shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. 7. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Lake County Department of Public Works for the collection of sewage and to the Illinois Department of Transportation and Cook County Highway Department as may be appropriate. The Owner shall construct sanitary sewers as necessary to service the Property, pursuant to EXHIBIT E. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such system, except for sanitary sewer service connections. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Owner shall also construct storm sewers which may be necessary to service the Property pursuant to EXHIBIT E. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner agrees to operate and maintain that portion of the storm sewer system located on the Property and not dedicated. 8. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner shall install any storm sewers and /or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. ' 9. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably 8 satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 10. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Ordinance, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Draft Declaration of Covenant concerning Parcel 4 (Wheeling Parcel) EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan (Site Plan, Sheet SP1.1) dated as last revised August 27, 1999 by O'Donnell, Wicklund, Pigozzi and Peterson, Architects Incorporated (OWP &P) GROUP Preliminary Engineering Plan (Sheets 1, 2, and 3) dated as EXHIBIT E last revised November 30, 1999 by Gewalt Hamilton Associates, Inc. EXHIBIT F, Landscape Plan (Sheet L4.1) dated as last revised F -1 October 12, 1999 and Planting Concept Plan dated October 27, 1999 by OWP &P Z EXHIBIT G, Tree Preservation Plan (Sheet LD.1) dated August 27, G -1 1999 and Tree Planting and Removal Plan (Sheet L4.2) dated August 27, 1999 by OWP &P EXHIBIT H, Building exterior elevations (Sheet A3.0, color and Sheet H -1 A4.0) dated as last revised May 25, 1999 by OWP &P EXHIBIT I, Building floor plans (Sheet A1.1 and Sheet A1.2) dated as 1 -1 last revised May 14, 1999 by OWP &P EXHIBIT J, Exterior electrical and lighting plan (Sheet E1.0 and J -1 Sheet E2.0) (no date) by OWP &P EXHIBIT K Campus Sections (color) dated August 27, 1999 by OWP &P EXHIBIT L, Communications tower elevations (2 sheets, no date) L -1 Perspective views of communications tower 11. Facilitation of Development. Time is of the essence of this Ordinance, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Ordinance and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Owner does hereby evidence its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible. The Village does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Ordinance. 10 12. Enforceability of the Ordinance. This Ordinance shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Ordinance is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 13. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 14. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are enacting this Ordinance in their official capacities as members of such group and shall have no personal liability in their individual capacities. 15. Notices. Any notice required pursuant to the provisions of this Ordinance shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: Donald P. Smith, Senior Vice President Northwest Community Healthcare 800 W. Central Road Arlington Heights, IL 60005 -2392 Copy to: Fred I. Feinstein, P.C. McDermott, Will & Emery 227 West Monroe Street Chicago, IL 60606 -5096 11 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton, P.C. 1 140 Lake Street, Suite 400 Oak Park, IL 60301 17. Special Conditions. A. A variation of Section 16.50.040.C.4. of the Buffalo Grove Development Ordinance is hereby granted,, to allow a stormwater pond with a depth of less than 15 feet below normal water level; and to allow a 3:1 side slope and reinforced mat shoreline protection instead of 5:1 and 2:1 side slopes for areas in the stormwater facility to be planted with native species on the banks, pursuant to EXHIBIT E. B. The Preliminary Plan (EXHIBIT D attached hereto) depicts a total of 355 parking spaces on the Property, including 186 parking spaces (including 6 landbanked spaces) on the portion of the Property within the Village of Buffalo Grove. Said parking spaces on the Buffalo Grove parcels are 168 spaces fewer than the Village or Buffalo Grove requirement for the existing and proposed building areas. The Preliminary Plan (EXHIBIT D) I 12 depicts 169 parking spaces (including 16 landbanked spaces) on Parcel 4 within the Village of Wheeling. Owner shall construct parking on the Buffalo Grove and Wheeling portions of the Property as depicted on EXHIBIT D, and said parking shall be retained on the Property pursuant to the provisions of the Declaration of Covenant as set forth in EXHIBIT B attached hereto. EXHIBIT B shall be executed and recorded with the Cook County Recorder of Deeds and a copy of said recorded document shall be provided to the Village of Buffalo Grove prior to issuance of a building permit for said building expansion. C. Owner agrees to construct the landbanked parking spaces on the Property as depicted on the EXHIBITS hereto at the direction of the Village of Buffalo Grove. D. Owner shall submit a final landscaping plan for review and approval by the Village Forester prior to removal of any trees or installation of landscaping on the Property. E. Owner shall pay $16,000.00 to the Village in lieu of constructing 800 feet of five -foot wide sidewalk along IL Route 83 adjacent to the Property as depicted on EXHIBIT E. Said payment shall be made prior to the issuance of a building permit for construction of the first building on the Property. F. Areas of the Property not under construction or completed shall be maintained in a neat and orderly fashion as determined by 13 the Village Manager. G. Signs depicted on the attached EXHIBITS are not approved by this Ordinance. Said signage is subject to the provisions of the Village Sign Code. H. Fire lanes shall be provided on the Property in compliance with the recommendations of the Buffalo Grove Fire Department. Said fire lanes shall be depicted on the final plat of subdivision. I. Owner agrees to sell the real property on Parcel 4 adjacent to Weiland Road (delineated as future right -of -way on EXHIBITS D and E hereto) to the Village of Buffalo Grove at a cost of $8.59 per square foot of land. Said agreement to sell is valid for a period of two years (with no interest to be charged) from the date of approval of this Ordinance. 18. Effect. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 4 - Braiman, Hendricks, Glover, Berman NAYES: 0 - None ABSENT: 2 - Marienthal Reid APPROVED: ijavw-� r ATTEST: Village Clerk Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 This document was prepared by: 14 APPROVED: ELLIOTT HARTSTEIN Village President Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 G:\PFEIL\PROJCURR\NWCH\EXPAN99\PUDORD2.WPD 15 EXHIBIT A Legal Description Northwest Community Healthcare (NWCH), Southeast corner of IL Route 83 (McHenry Road) /Lake Cook Road PARCEL 1: LOT 1 IN NORTHWEST COMMUNITY HOSPITAL MEDICAL ARTS CENTER SUBDIVISION, BEING A SUBDIVISION OF PART OF THE SOUTH '/2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 6, 1981 AS DOCUMENT NO. 2107360, IN LAKE COUNTY, ILLINOIS. PARCEL 2: LOT 1 IN NORTHWEST COMMUNITY HOSPITAL AMBULATORY CARE CENTER, BEING A SUBDIVISION OF PART OF THE SOUTH '/2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 15, 1979 AS DOCUMENT NO. 2034079, IN LAKE COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE NORTH '/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 4, SAID POINT BEING 326.1 FEET WEST OF THE SOUTHERLY 1/4 CORNER OF SECTION 33, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 45 MINUTES WEST, 505.15 FEET, TO THE CENTERLINE OF McHENRY ROAD; THENCE NORTHWESTERLY ALONG THE SAID CENTERLINE, BEING A CURVE LINE, CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 14732.7 FEET, A DISTANCE OF 639.5 FEET TO THE NORTH LINE OF SAID SECTION 4; THENCE EAST ON THE SAID NORTH LINE, 555.4 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF, (FALLING IN SAID McHENRY ROAD), ALL IN COOK COUNTY, ILLINOIS. COMMONLY KNOWN AS: 15 S. McHENRY ROAD, BUFFALO GROVE, IL 125 E. LAKE -COOK ROAD, BUFFALO GROVE, IL PARCEL 4: THAT PART OF THE NORTH '/2 OF SECTION 4, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY 50 FEET RIGHT OF WAY LINE OF WEILAND ROAD PER DOCUMENT NO. 22917130 AND THE NORTH LINE OF SAID SECTION 4; THENCE ON AN ASSUMED BEARING NORTH 90 DEGREES 00 MINUTES WEST ALONG SAID NORTH LINE OF SECTION 4 A DISTANCE OF 371.93 FEET; THENCE SOUTH 16 DEGREES, 34 MINUTES, 03 SECONDS WEST 505.02 FEET (505.15 r 16 FEET RECORD) TO THE CENTER LINE OF MCHENRY ROAD AS SHOWN PER DOCUMENT 24746088; THENCE CONTINUING SOUTHWESTERLY ALONG SOUTHWESTERLY EXTENSION OF THE LAST DESCRIBED COURSE 111.07 FEET TO ITS INTERSECTION WITH THE NORTHWESTERLY 50 FOOT RIGHT OF WAY LINE OF APTAKISIC ROAD; THENCE NORTH 77 DEGREES, 18 MINUTES, 13 SECONDS EAST ALONG SAID NORTHWESTERLY RIGHT OF WAY LINE 74.58 FEE TO ITS INTERSECTION WITH THE SOUTHWESTERLY CURVED RIGHT OF WAY LINE OF MCHENRY ROAD, (SAID CURVED LINE BEING CONVEX SOUTHWESTERLY AND HAVING A RADIUS OF 1482.69 FEET); THENCE NORTH 33 DEGREES, 28 MINUTES, 27 SECONDS EAST ALONG A LINE MEASURED RADIALLY TO THE CENTER OF SAID CURVE A DISTANCE OF 100.00 FEET TO THE NORTHEASTERLY CURVED RIGHT OF WAY LINE OF SAID MCHENRY ROAD (SAID NORTHEASTERLY CURVED RIGHT OF WAY LINE BEING CONCENTRIC WITH THE PREVIOUSLY DESCRIBED CURVE AND HAVING A RADIUS OF 1382.69 FEET); THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY RIGHT OF WAY LINE, CENTRAL ANGLE 09 DEGREES, 22 MINUTES, 18 SECONDS 226.16 FEET (243.77 FEET RECORD) TO A POINT; THENCE SOUTH 65 DEGREES, 53 MINUTES, 55 SECONDS EAST ALONG A LINE THAT IS TANGENT TO SAID CURVE AT THE LAST DESCRIBED POINT 41.91 FEET (42.66 FEET RECORD) TO THE WESTERLY 50 FOOT RIGHT OF WAY LINE OF THE AFOREMENTIONED WEILAND ROAD; THENCE NORTH 16 DEGREES, 34 MINUTES, 03 SECONDS EAST ALONG SAID WESTERLY RIGHT OF WAY LINE 643.32 FEET TO THE POINT OF BEGINNING.