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2003-0162/18/2003 ORDINANCE NO. 2003 -16 AN ORDINANCE APPROVING REZONING TO THE MIXED USE PLANNED DEVELOPMENT DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS RIVERWALK NORTH East of Milwaukee Avenue north of Riverwalk Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property") attached hereto is zoned in the B -3 Planned Business Center District; and, WHEREAS, the Village approved a Restated Annexation Agreement dated February 3, 2003 pursuant to the petition of the Owner of the Property for a mixed use planned development as set forth in the exhibits to said Agreement and subject to the conditions and restrictions therein; and, WHEREAS, the Village amended the Village Zoning Ordinance, Chapter 17 of the Municipal Code, by approval of Ordinance 2003 -14 creating Chapter 17.50 — "Mixed Use Planned Development District" to accommodate the proposed development set forth in the Restated Annexation Agreement for the Riverwalk North site; and, WHEREAS, notice of public hearing concerning the rezoning and development under the provisions of Chapter 17.50 — "Mixed Use Planned Development District," was given and the hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the rezoning and development, including variations of the Village Development Ordinance and Zoning Ordinance, are appropriate for the Property and compatible with adjacent properties; and, i 1 1 0 2 WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the use 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, ILLIOIS: Section 1. 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance rezoning the Property to the Mixed Use Planned Development District, pursuant to and in accordance with the exhibits, conditions and restrictions set forth in the Restated Annexation Agreement dated February 3, 2003 approved by Ordinance 2003 -10. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: February 18, 2003 APPROVED: February 18, 2003 ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President p O EXHIBIT A Legal Description RIVERWALK NORTH East of Milwaukee Avenue, north of Riverwalk Drive That part of Blocks 1, 4, 5 and 6, together with that part of Mercier Avenue, Loyola Avenue, Long Beach Drive, St. James Circle and Frontenac Place in Columbian Gardens Unit No. 2, being a subdivision of part of Section 35, Township 43 North, Range 11 East, of the Third Principal Meridian, according to the plat thereof recorded July 10, 1926 as Document No. 282352, described as follows: commencing at the southeast corner of said Block 6, thence northerly along the easterly line of said Block 6, being a curved line convex westerly and having a radius of 510.70 feet, an are distance of 121.49 feet to a point of compound curvature in said easterly line (the chord of said arc bears north 18 degrees, 07 minutes, 02 seconds west, 121.20 feet); thence northerly along the easterly line of said Block 6, being a curved line convex westerly and having a radius of 2897.90 feet, an arc distance of 26.47 feet to a point for a place of beginning (the chord of said arc bears north 11 degrees, 02 minutes, 27 seconds west, 26.47 feet); thence northwesterly along a curved line convex northeasterly and having a radius of 330.00 feet, an arc distance of 305.39 feet, to a point of tangency (the chord of said arc bears north 73 degrees, 59 minutes, 28 seconds west, 294.61 feet); thence south 79 degrees, 29 minutes, 51 seconds west along a line tangent to said last described curved line at said last described point, 85.07 feet; thence northerly along a curved line convex westerly and having a radius of 305.00 feet, an arc distance of 80.51 feet to a point of reverse curvature with the easterly line of Block 3 in said Columbian Gardens Unit No. 2 (the chord of said arc bears north 01 degrees, 50 minutes, 20 seconds west, 80.28 feet); thence northerly along the easterly line of said Block 3, being a curved line convex easterly and having a radius of 96.26 feet, an arc distance of 70.96 feet (the chord of said arc bears north 15 degrees, 23 minutes, 46 seconds west, 69.37 feet); thence northwesterly along the easterly line of said Block 3, being a curved line convex southwesterly and having a radius of 1943.10 feet, an arc distance of 542.51 feet, to a point of reverse curvature in said line (the chord of said arc bears north 26 degrees, 51 minutes, 27 seconds west, 540.75 feet); thence northwesterly along a curved line convex northeasterly and having a radius of 346.86 feet, an arc distance of 102.27 feet to a point of tangency (the chord of said are bears north 27 degrees, 18 minutes, 22 seconds west, 101.90 feet); thence north 35 degrees, 45 minutes, 10 seconds west along a line tangent to said last described curved line at said last described point, 41.86 feet to a point on the easterly line of said Block 2 in said Columbian Gardens Unit No. 2; thence northwesterly along the easterly line of said Block 2, being a curved line convex southwesterly and having a radius of 350.20 feet, an arc distance of 213.00 feet to the northeast corner of said Block 2 (the chord of said arc bears north 18 degrees, 24 minutes, 23 seconds west, 209.73 feet); thence north 87 degrees, 27 minutes, 27 seconds east along the north line of said Columbian Gardens Unit No. 2, 909.93 feet to the easterly line of Long Beach Drive; thence southerly along the easterly line of said Long Beach Drive, being a curved line convex easterly and having a radius of 849.60 feet, an arc distance of 143.26 feet 'to a point of compound curvature in said line (chord of said are bears south 03 degrees, 58 minutes, 31 seconds east, 143.10 feet); thence southerly along the easterly line of said Long Beach Drive, being a curved line convex easterly and having a radius of 691.71 feet, an arc distance of 87.93 feet to a point of tangency in said line (the chord of said arc bears south 04 degrees, 29 minutes, 50 seconds west, 87.87 feet); thence south 08 degrees, 08 minutes, 21 seconds west along the easterly line of said Long Beach Drive, 64.68 feet to a point of curvature in said line; thence southwesterly along the easterly line of said Long Beach Drive, being a curved line convex southeasterly and having a radius of 2149.60 feet, an arc distance of 358.61 feet to a point of reverse curvature in said line(the chord of said arc bears south 12 degrees, 55 minutes, 06 seconds west, 358.20 feet); thence southerly along the easterly line of said Long Beach Drive, being a curved line convex westerly and having a radius of 444.70 feet, an arc distance of 186.28 feet to a point of compound curvature in said line (the chord of said arc bears south 05 degrees, 41 minutes, 51 seconds west 184.92 feet); thence southerly along the easterly line of said Long Beach Drive, being a curved line convex westerly and having a radius of 2831.90 feet, an arc distance of 247.13 feet to a point of compound curvature in said line (the chord of said are bears south 08 degrees, 48 minutes, 09 seconds east, 247.05 feet); thence southeasterly along the easterly line of said Long Beach Drive, being a curved line convex southwesterly and having a radius of 444.70 feet, an are distance of 94.88 feet (the chord of said arc bears south 17 degrees, 24 minutes, 52 seconds east 94.70 feet); thence south 66 degrees, 28 minutes, 25 seconds west 20.28 feet; thence northwesterly along a curved line convex northeasterly and having a radius of 330.00 feet, an arc distance of 137.96 feet to the point of beginning (the chord of said arc bears north 35 degrees, 30 minutes, 11 seconds west, 136.96 feet), in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 15 -acre tract east of Milwaukee Avenue and north of Riverwalk Drive. ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on February 18, 2003, the Corporate Authorities of the Village passed and approved Ordinance No. 2003 -16, entitled: AN ORDINANCE APPROVING REZONING TO THE MIXED USE PLANNED DEVELOPMENT DISTRICT FOR THE RIVERWALK NORTH PROPERTY, EAST OF MILWAUKEE AVENUE, NORTH OF RIVERWALK DRIVEE which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2003 -16, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing February 19, 2003, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 19th day of February, 2003. 1 1 /-�-? '4td�� Vill Clerk By 2/18/2003 ORDINANCE NO. 2003 -16 AN ORDINANCE APPROVING REZONING TO THE MIXED USE PLANNED DEVELOPMENT DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS RIVERWALK NORTH East of Milwaukee Avenue north of Riverwalk Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ( "Property ") attached hereto is zoned in the B -3 Planned Business Center District; and, WHEREAS, the Village approved a Restated Annexation Agreement dated February 3, 2003 pursuant to the petition of the Owner of the Property for a mixed use planned development as set forth in the exhibits to said Agreement and subject to the conditions and restrictions therein; and, WHEREAS, the Village amended -the Village Zoning Ordinance, Chapter --17 of the - Municipal Code, by approval of Ordinance 2003 -14 creating Chapter 17.50 — "Mixed Use Planned Development District" to accommodate the proposed development set forth in the Restated Annexation Agreement for the Riverwalk North site; and, WHEREAS, notice of public hearing concerning the rezoning and development under the provisions of Chapter 17.50 — "Mixed Use Planned Development District," was given and the hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the rezoning and development, including variations of the Village Development Ordinance and Zoning Ordinance, are appropriate for the Property and compatible with adjacent properties; and, 2 WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the use 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, ILLIOIS: Section 1. 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance rezoning the Property to the Mixed Use Planned Development District, pursuant to and in accordance with the exhibits, conditions and restrictions set forth in the Restated Annexation Agreement dated February 3, 2003 approved by Ordinance 2003 -10. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 0 - None PASSED: February 18, 2003 APPROVED: February 18,2003_ ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President EXHIBIT A Legal Description RIVERWALK NORTH East of Milwaukee Avenue, north of Riverwalk Drive That part of Blocks 1, 4, 5 and 6, together with that part of Mercier Avenue, Loyola Avenue, Long Beach Drive, St. James Circle and Frontenac Place in Columbian Gardens Unit No. 2, being a subdivision of part of Section 35, Township 43 North, Range 11 East, of the Third Principal Meridian, according to the plat thereof recorded July 10, 1926 as Document No. 282352, described as follows: commencing at the southeast corner of said Block 6, thence northerly along the easterly line of said Block 6, being a curved line convex westerly and having a radius of 510.70 feet, an arc distance of 121.49 feet to a point of compound curvature in said easterly line (the chord of said arc bears north 18 degrees, 07 minutes, 02 seconds west, 121.20 feet); thence northerly along the easterly line of said Block 6, being a curved line convex westerly and having a radius of 2897.90 feet, an arc distance of 26.47 feet to a point for a place of beginning (the chord of said arc bears north 11 degrees, 02 minutes, 27 seconds west, 26.47 feet); thence northwesterly along a curved line convex northeasterly and having a radius of 330.00 feet, an arc distance of 305.39 feet, to a point of tangency (the chord of said arc bears north 73 degrees, 59 minutes, 28 seconds west, 294.61 feet); thence south 79 degrees, 29 minutes, 51 seconds west along a line tangent to said last described curved line at said last described point, 85.07 feet; thence northerly along a curved line convex westerly and having a radius of 305.00 feet, an arc distance of 80.51 feet to a point of reverse curvature with the easterly line of Block 3 in said Columbian Gardens Unit No. 2 (the chord of said arc bears north O1 degrees, 50 minutes, 20 seconds west, 80.28 feet); thence northerly along the easterly line of said Block 3, being a curved line convex easterly and having a radius of 96.26 feet, an are distance of 70.96 feet (the chord of said arc bears north 15 degrees, 23 minutes, 46 seconds west, 69.37 feet); thence northwesterly along the easterly line of said Block 3, being a curved line convex southwesterly and having a radius of 1943.10 feet, an arc distance of 542.51 feet, to a point of reverse curvature in said line (the chord of said arc bears north 26 degrees, 51 minutes, 27 seconds west, 540.75 feet); thence northwesterly along a curved line convex northeasterly and having a radius of 346.86 feet, an arc distance of 102.27 feet to a point of tangency (the chord of said arc bears north 27 degrees, 18 minutes, 22 seconds west, 101.90 feet); thence north 35 degrees, 45 minutes, 10 seconds west along a line tangent to said last described curved line at said last described point, 41.86 feet to a point on the easterly line of said Block 2 in said Columbian Gardens Unit No. 2; thence northwesterly along the easterly line of said Block 2, being a curved line convex southwesterly and having a radius of 350.20 feet, an arc distance of 213.00 feet to the northeast corner of said Block 2 (the chord of said arc bears north 18 degrees, 24 minutes, 23 seconds west, 209.73 feet); thence north 87 degrees, 27 minutes, 27 seconds east along the north line of said Columbian Gardens Unit No. 2, 909.93 feet to the easterly line of Long Beach Drive; thence southerly along the easterly line of said Long Beach Drive, being a curved line convex easterly and having a radius of 849.60 feet, an arc distance of 143.26 feet to a point of compound curvature in said line (chord of said arc bears south 03 degrees, 58 minutes, 31 seconds east, 143.10 feet); thence southerly along the easterly line of said Long Beach Drive, 2 being a curved line convex easterly and having a radius of 691.71 feet, an arc distance of 87.93 feet to a point of tangency in said line (the chord of said arc bears south 04 degrees, 29 minutes, 50 seconds west, 87.87 feet); thence south 08 degrees, 08 minutes, 21 seconds west along the easterly line of said Long Beach Drive, 64.68 feet to a point of curvature in said line; thence southwesterly along the easterly line of said Long Beach Drive, being a curved line convex southeasterly and having a radius of 2149.60 feet, an arc distance of 358.61 feet to a point of reverse curvature in said line(the chord of said arc bears south 12 degrees, 55 minutes, 06 seconds west, 358.20 feet); thence southerly along the easterly line of said Long Beach Drive, being a curved line convex westerly and having a radius of 444.70 feet, an arc distance of 186.28 feet to a point of compound curvature in said line (the chord of said arc bears south 05 degrees, 41 minutes, 51 seconds west 184.92 feet); thence southerly along the easterly line of said Long Beach Drive, being a curved line convex westerly and having a radius of 2831.90 feet, an arc distance of 247.13 feet to a point of compound curvature in said line (the chord of said arc bears south 08 degrees, 48 minutes, 09 seconds east, 247.05 feet); thence southeasterly along the easterly line of said Long Beach Drive, being a curved line convex southwesterly and having a radius of 444.70 feet, an arc distance of 94.88 feet (the chord of said arc bears south 17 degrees, 24 minutes, 52 seconds east 94.70 feet); thence south 66 degrees, 28 minutes, 25 seconds west 20.28 feet; thence northwesterly along a curved line convex northeasterly and having a radius of 330.00 feet, an arc distance of 137.96 feet to the point of beginning (the chord of said arc bears north 35 degrees, 30 minutes, 11 seconds west, 136.96 feet), in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 15 -acre tract east of Milwaukee Avenue and north of Riverwalk Drive.