2004-03103/15/2004
ORDINANCE NO. 2004 - 31
AN ORDINANCE APPROVING REZONING TO THE B -3 DISTRICT
AND AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (P.U.D.)
AND PRELIMINARY PLAN
IN THE B -3 PLANNED BUSINESS CENTER DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
ExxonMobil, 1248 McHenry Road and 1250 Arlington Heights Road
(Northeast corner of McHenry Rd(IL Route 83) /Arlington Heights 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, the existing gasoline station and mini -mart at 1248 McHenry Road was
approved by Ordinance 83 -6 pursuant to the annexation agreement dated January 20, 1983; and,
WHEREAS, ExxonMobil Oil Corporation operates the existing gasoline service facility at
1248 McHenry Road on Parcel 1 ( 1.08 acres) as described in Exhibit A hereto; and,
WHEREAS, ExxonMobil has acquired the property at 1250 Arlington Heights Road
described as Parcel 2 (0.25 acres) in Exhibit A hereto; and,
WHEREAS, ExxonMobil Oil Corporation as owner (hereinafter referred to as the
"Developer, ") of Parcel 1 and Parcel 2 (said Parcels are hereinafter referred to as the "Property, ")
proposes to remove the existing buildings on Parcel 1 and Parcel 2 and construct a new gasoline
service facility and car wash; and,
WHEREAS, Parcel 2 (1250 Arlington Heights Road) is currently zoned in the B -1 District,
and the Developer has petitioned to rezone said Parcel to the B -3 District and incorporate said Parcel
in the Planned Unit Development (P.U.D.) for the Property; and,
WHEREAS, the proposed facility includes a convenience store with a floor area of 4,100
square feet; gasoline service islands and canopy; a car wash; and a trash enclosure, pursuant to the
Preliminary Plan attached hereto as Exhibit C, and subject to all other exhibits attached hereto or
incorporated by reference herein; and,
WHEREAS, pursuant to due notice and advertisement, the Village Plan Commission held a
public hearing and made its findings and recommendations pursuant to the petition requesting
amendment of the Planned Unit Development and Preliminary Plan and the rezoning of Parcel 2 to
the B -3 District, including variations of the Village Zoning Ordinance and Development Ordinance
as described herein; 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
2. Enactment of Zoning Ordinance. The Corporate Authorities hereby adopt a proper,
valid and binding ordinance approving an amendment to the Planned Unit Development for the
Property, including approval of a Preliminary Plan (Exhibit C) and rezoning Parcel 2 to the B -3
District pursuant to said exhibits attached hereto and subject to the conditions contained herein.
It is understood that Parcel 1 and Parcel 2 will be re- platted as one zoning lot pursuant to a
final plat of subdivision subject to approval by the Village.
3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(Exhibit C) and the Preliminary Engineering Plan (Exhibit D) pursuant to the provisions of the
Zoning Ordinance and Development Ordinance. The Corporate Authorities agree to approve a
Development Plan (including a final plat of subdivision) based on. final versions of the plans and
drawings as submitted by ExxonMobil provided that the Development Plan shall:
(A) conform to the approved Preliminary Plan (Exhibits C and D), 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 B) as amended from time to time.
4. Compliance with Applicable Ordinances. Developer will 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. Developer, in the development of the Property, shall
comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as
3
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. Amendment of Plan. If the Developer 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 %).
6. 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 B) 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
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.
7. Exhibits. The following Exhibits, some of which were presented in testimony
4
given by the Developer 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.
EXHIBIT A Legal Description
EXHIBIT B Development Improvement Agreement
EXHIBIT C , Preliminary Plan (Sheet Cl) dated February 11, 2004 by WD
Partners
EXHIBIT D Prelimininary Engineering Plan (Sheets C2 - Grading and C3 —
Utility Plan) dated February 11, 2004 by WD Partners
EXHIBIT E Site Lighting and Photometric Plan (Sheet C5) dated February 11,
2004 by WD Partners
EXHIBIT F Preliminary Landscape Plan (Sheets LS -1) dated February 11,
2004 by WD Partners
EXHIBIT G Exterior Building Elevations (Sheets A2.0 and A2.1) dated January
13, 2004 by WD Partners
EXHIBIT H Exterior Elevation of Car Wash dated January 13, 2004 by WD
Partners
EXHIBIT I Canopy Elevation (Sheet CAN) dated January 13, 2004 by WD
Partners
EXHIBIT J Trash Enclosure Elevation (Sheet TR1.0) dated January 13, 2004
by WD Partners
EXHIBIT K Color elevations of building, canopy, trash enclosure (dumpster)
and monument sign (5 sheets, 11 x 17 inch)
EXHIBIT L Fence detail (8 %2 x 11 inch) dated October 16, 2003 by WD
Partners
EXHIBIT M Study concerning projected noise levels from car wash dated October
10, 2003 by Thomas Thunder, Acoustic Associates, Ltd.
EXHIBIT N Developer Acceptance and Agreement
E
8. Enforceability of the Ordinance. This Ordinance shall be enforceable in any court of
competent jurisdiction by any of the parties 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.
9. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the
parties hereto and their respective grantees, successors and assigns.
10. 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.
11. Litigation.
A. Developer, at his cost, shall be responsible for any litigation that may arise
as a result of the development of the Property. Developer shall cooperate with the Village in said
litigation, but the Developer's counsel will have responsibility for such litigation.
B. Developer shall reimburse the Village for reasonable attorneys' fees,
expenses
and costs incurred by the Village resulting from litigation relating to the development of the
Property or the enforcement of any terms of this Ordinance upon a default by the Developer or their
grantees, successors or assigns.
C. Developer hereby indemnifies and holds the Village harmless from any
actions or causes of action that may arise as a result of development activities for which said
Developer is responsible.
2
12. Special Conditions.
A. The following variations to the Village Zoning Ordinance are hereby granted:
Section 17.32.020.A. — To allow an accessory structure (trash enclosure) in
the west front yard pursuant to EXHIBIT C.
Section 17.44.040.D.4 - To allow a landscaped yard of twelve (12) feet in
width instead of twenty -two (22) feet for a portion of the frontage along
McHenry Road.
B. The following variations to the Village Development Ordinance are hereby
granted:
Section 16.50.040.C. — To allow side slopes of 3:1 instead of 4:1 and to
waive the requirement for underdrains in the stormwater detention facility;
Section 16.50.070.D.2. — To allow a right -of -way of 43 feet instead of 50 feet
from the centerline of Arlington Heights Road.
C. Developer shall submit a final landscaping plan for review and approval by
the Village Forester prior to any grading or removal of trees on any portion of the Property.
D. Developer shall comply with security recommendations by the Village
Police Department's Crime Prevention Unit.
E. 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.
F. Signs depicted on the attached exhibits are not approved by this Ordinance.
Said signs are subject to the provisions of the Village Sign Code.
G. Construction traffic shall be prohibited from using Courtland Drive except
as authorized by the Village.
7
•
•
H. It is understood and agreed that pursuant to Exhibit M, the Developer has
represented that noise created on the Property, including but not limited to the car wash and
vacuums, will be adequately controlled so as to not create impacts for adjacent properties. The daily
hours of operation for the car wash shall be limited to 6:00 a.m. to 10:00 p.m. The doors to the car
wash building shall be closed when vehicles are being washed and dried within the facility.
13. Effect. This Ordinance shall be in full force and effect from and after its passage and
approval, subject to the Developer's execution of the Acceptance and Agreement attached hereto as
Exhibit N, incorporated herein and made a part hereof, and the filing of said executed Acceptance
and Agreement form with the Village. This Ordinance shall not be codified.
AYES: 5 — Braiman, Glover, Berman, Johnson, Trilling
NAYES: 0 - None
ABSENT: 1 - Kahn
PASSED: March 15, 2004
APPROVED: March 15, 2004
ATTEST: APPROVED:
VAnd Clerk ELOOTT HARTSTEIN, Village President
This document was prepared by:
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
EXHIBIT A
ExxonMobil
1248 McHenry Road /1250 Arlington Heights Road
Parcel 1 — Existing ExxonMobil property, 1248 McHenry Road: Lot 3 in McHenry Road
Homesites, being a subdivision of part of the northwest 1/4 of the southwest 1/4 of Section
29, Township 43 North, Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded 11/24/56 as Document 931656, in Book 1501 of Records, page 154,
in Lake County, Illinois.
Parcel 2 — 1250 Arlington Heights Road: That part of the southwest quarter of Section
29, Township 43 North, Range 11 East of the Third Principal Meridian, described as
follows: Beginning on the west line of said southwest quarter of Section 29 at a point
326.4 feet south from the northwest corner thereof, thence east at right angles to said west
line 95.3 feet; thence south parallel with said west line of the southwest quarter of Section
29, 243.6 feet to the center of State Route No. 83, thence westerly along the center of
State Route No. 83, 99.5 feet to the west line of said southwest quarter of Section 29;
thence north 215 feet to the place of beginning, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 1248 McHenry Road and 1250
Arlington Heights Road, Buffalo Grove, IL.
EXHIBIT N
0
ExxonMobil
1248 McHenry Road /1250 Arlington Heights Road
Petitioner Acceptance and Agreement concerning
amendment of Planned Unit Development ordinance
ExxonMobil does hereby accept and agrees to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2004 -3I duly passed and approved by the
Village of Buffalo Grove, IL amending the Planned Unit Development set forth in said
Ordinance.
The undersigned acknowledges that it has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2004 -31, and does hereby acknowledge and consent to each
and all of the provisions, restrictions, and conditions of said Ordinance.
ExxonMobil Oil Corporation
Its Al r- v- lt7ruz we-7.�n�
r'
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT EXXONMOBIL OIL CORPORATION, a New York corporation, having an office in Fairfax,
Virginia, acting by and through H. R. Cramer, as President of ExxonMobil Fuels Marketing Company, a
division of Exxon Mobil Corporation (hereinafter called "Company") and as a Vice President of
ExxonMobil Oil Corporation, does hereby nominate, constitute, and appoint the following employees of said
Company:
R W. Hilchey, Engineer/Maintenance & Repair Manager
J. B. Bonnema, Maintenance & Repair Program Manager
Robert G. Caserta, Construction Project Coordinator
R. M. Maclnnes, Construction Project Coordinator
Mario D. Sistos, Construction Project Coordinator
Van H. Rankin, Construction Project Coordinator
David N. O'Toole, Construction Project Coordinator
Aliyah A. Hardy, Implementation Planning Analyst
Gary D. Gibson, Maintenance & Repair Field Manager
As its true and lawful Agent and Attorney -in -Fact to execute and deliver for and in the name and on behalf
of ExxonMob" Oil Corporation, and in connection with the business and affairs of said Company,
instruments and documents of any and every nature, including, but not by way of limitation, instruments
pledging the credit of ExxonMobil Oil Corporation, bonds of indemnity, other indemnities, guaranties,
affidavits, permits, licenses, applications for permits and licenses, other governmental documents, bids,
collective bargaining agreements, other contracts, deeds of conveyance, encumbrances, leases, releases,
discharges of mortgages or deeds of trust, assignments, transfers of leasehold estates and/or other interests in
real and/or personal property, Certificates of Capital Improvement, and similar instruments or documents,
and any other instrument or document as may be required or desired in the conduct of the business of said
Company, in connection with the acquisition, sale, development, maintenance, repair, and/or construction of
retail and service station outlets or additions, modifications or enhancements thereto.
Each person in said Company may exercise the power and authority herein granted, delegated and invested,
in any particular and appropriate transaction or matter, either as an Attorney-in-Fact of ExxonMobil Oil
Corporation or as an official of said Company. Any action taken as authorized under this Power of Attorney
shall be an act of ExxonMobil Oil Corporation and binding upon it.
The power and authority conferred herein to execute and deliver instruments may not be delegated.
`I�' ;iiic_ jmbent Power of Attorney is effective immediately and shall continue through October 1, 2005.
, pR�`iED AND EXECUTED THIS day of October, 2002.
f;
): EXXONMOBIL OIL CORPORATION
Ew®
11. R Thomassen
Assistant Secretary
Uoldfuels marketing /dmmorris /engineering- EMOCpoa- oct2oo2
"y
H. R. Cramer — President of ExxonMobil Fuels
Marketing Company and a Vice President of
ExxonMobil Oil Corporation
ExxonMobil Oil Corporation
Power of Attorney
Page Two
United States of America
Commonwealth of Virginia
County of Fairfax
This instrument was acknowledged before me on October 2002, by H. R. Cramer, President,
ExxonMobil Fuels Marketing Company and Vice President o ExxonMobil Oil Corporation, a New York
corporation, on behalf of said corporation.
Notary Public
a
My commission expires:
(Notary Seal):
I /oldfuels marketing /dmmorris /engineering- EMOCpoa -oct2oo2
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 March 15, 2004, the
Corporate Authorities of the Village passed and
approved Ordinance No. 2004 -31 entitled: AN
ORDINANCE AMENDMENT TO THE PLANNED UNIT
DEVELOPMENT (P.U.D) FOR EXXONMOBIL FACILITY,
1248 MCHENRY RD/1250 ARLINGTON HEIGHTS ROAD
IN THE B -3 DISTRICT which provided by its terms that
it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2004 -31
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing March 15,
2004, 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 16th day of
March, 2004.
�i o` C�✓v
By
03/15/2004
ORDINANCE NO. 2004 - 31
AN ORDINANCE APPROVING REZONING TO THE B -3 DISTRICT
AND AN AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (P.U.D.)
AND PRELIMINARY PLAN
IN THE B -3 PLANNED BUSINESS CENTER DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
ExxonMobil, 1248 McHenry Road and 1250 Arlington Heights Road
(Northeast corner of McHenry Rd(IL Route 83) /Arlington Heights 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, the existing gasoline station and mini -mart at 1248 McHenry Road was
approved by Ordinance 83 -6 pursuant to the annexation agreement dated January 20, 1983; and,
WHEREAS, ExxonMobil Oil Corporation operates the existing gasoline service facility at
1248 McHenry Road on Parcel 1 ( 1.08 acres) as described in Exhibit A hereto; and,
WHEREAS, ExxonMobil has acquired the property at 1250 Arlington Heights Road
described as Parcel 2 (0.25 acres) in Exhibit A hereto; and,
WHEREAS, ExxonMobil Oil Corporation as owner (hereinafter referred to as the
"Developer, ") of Parcel 1 and Parcel 2 (said Parcels are hereinafter referred to as the "Property, ")
proposes to remove the existing buildings on Parcel 1 and Parcel 2 and construct a new gasoline
service facility and car wash; and,
WHEREAS, Parcel 2 (1250 Arlington Heights Road) is currently zoned in the B -1 District,
and the Developer has petitioned to rezone said Parcel to the B -3 District and incorporate said Parcel
in the Planned Unit Development (P.U.D.) for the Property; and,
WHEREAS, the proposed facility includes a convenience store with a floor area of 4,100
square feet; gasoline service islands and canopy; a car wash; and a trash enclosure, pursuant to the
Preliminary Plan attached hereto as Exhibit C, and subject to all other exhibits attached hereto or
incorporated by reference herein; and,
WHEREAS, pursuant to due notice and advertisement, the Village Plan Commission held a
public hearing and made its findings and recommendations pursuant to the petition requesting
amendment of the Planned Unit Development and Preliminary Plan and the rezoning of Parcel 2 to
the B -3 District, including variations of the Village Zoning Ordinance and Development Ordinance
as described herein; 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.
14
2. Enactment of Zoning Ordinance. The Corporate Authorities hereby adopt a proper,
valid and binding ordinance approving an amendment to the Planned Unit Development for the
Property, including approval of a Preliminary Plan (Exhibit C) and rezoning Parcel 2 to the B -3
District pursuant to said exhibits attached hereto and subject to the conditions contained herein.
It is understood that Parcel 1 and Parcel 2 will be re- platted as one zoning lot pursuant to a
final plat of subdivision subject to approval by the Village.
3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(Exhibit C) and the Preliminary Engineering Plan (Exhibit D) pursuant to the provisions of the
Zoning Ordinance and Development Ordinance. The Corporate Authorities agree to approve a
Development Plan (including a final plat of subdivision) based on. final versions of the plans and
drawings as submitted by ExxonMobil provided that the Development Plan shall:
(A) conform to the approved Preliminary Plan (Exhibits C and D), 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 B) as amended from time to time.
4. Compliance with Applicable Ordinances. Developer will 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. Developer, in the development of the Property, shall
comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as
Q
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. Amendment of Plan. If the Developer 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 %).
6. 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 B) 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
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.
7. Exhibits. The following Exhibits, some of which were presented in testimony
rd
given by the Developer 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.
EXHIBIT A Legal Description
EXHIBIT B Development Improvement Agreement
EXHIBIT C Preliminary Plan (Sheet C 1) dated February 11, 2004 by WD
Partners
EXHIBIT D Prelimininary Engineering Plan (Sheets C2 - Grading and C3 —
Utility Plan) dated February 11, 2004 by WD Partners
EXHIBIT E Site Lighting and Photometric Plan (Sheet C5) dated February 11,
2004 by WD Partners
EXHIBIT F Preliminary Landscape Plan (Sheets LS -1) dated February 11,
2004 by WD Partners
EXHIBIT G Exterior Building Elevations (Sheets A2.0 and A2.1) dated January
13, 2004 by WD Partners
EXHIBIT H Exterior Elevation of Car Wash dated January 13, 2004 by WD
Partners
EXHIBIT I Canopy Elevation (Sheet CAN) dated January 13, 2004 by WD
Partners
EXHIBIT J Trash Enclosure Elevation (Sheet TR1.0) dated January 13, 2004
by WD Partners
EXHIBIT K Color elevations of building, canopy, trash enclosure (dumpster)
and monument sign (5 sheets, 11 x 17 inch)
EXHIBIT L Fence detail (8 %2 x 11 inch) dated October 16, 2003 by WD
Partners
EXHIBIT M Study concerning projected noise levels from car wash dated October
10, 2003 by Thomas Thunder, Acoustic Associates, Ltd.
EXHIBIT N Developer Acceptance and Agreement
R
8. Enforceability of the Ordinance. This Ordinance shall be enforceable in any court of
competent jurisdiction by any of the parties 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.
9. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the
parties hereto and their respective grantees, successors and assigns.
10. 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.
11. Litigation.
A. Developer, at his cost, shall be responsible for any litigation that may arise
as a result of the development of the Property. Developer shall cooperate with the Village in said
litigation, but the Developer's counsel will have responsibility for such litigation.
B. Developer shall reimburse the Village for reasonable attorneys' fees,
expenses
and costs incurred by the Village resulting from litigation relating to the development of the
Property or the enforcement of any terms of this Ordinance upon a default by the Developer or their
grantees, successors or assigns.
C. Developer hereby indemnifies and holds the Village harmless from any
actions or causes of action that may arise as a result of development activities for which said
Developer is responsible.
12. Special Conditions.
A. The following variations to the Village Zoning Ordinance are hereby granted:
Section 17.32.020.A. — To allow an accessory structure (trash enclosure) in
the west front yard pursuant to EXHIBIT C.
Section 17.44.040.D.4 - To allow a landscaped yard of twelve (12) feet in
width instead of twenty -two (22) feet for a portion of the frontage along
McHenry Road.
B. The following variations to the Village Development Ordinance are hereby
granted:
Section 16.50.040.C. — To allow side slopes of 3:1 instead of 4:1 and to
waive the requirement for underdrains in the stormwater detention facility;
Section 16.50.070.D.2. — To allow a right -of -way of 43 feet instead of 50 feet
from the centerline of Arlington Heights Road.
C. Developer shall submit a final landscaping plan for review and approval by
the Village Forester prior to any grading or removal of trees on any portion of the Property.
D. Developer shall comply with security recommendations by the Village
Police Department's Crime Prevention Unit.
E. 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.
F. Signs depicted on the attached exhibits are not approved by this Ordinance.
Said signs are subject to the provisions of the Village Sign Code.
G. Construction traffic shall be prohibited from using Courtland Drive except
as authorized by the Village.
7
H. It is understood and agreed that pursuant to Exhibit M, the Developer has
represented that noise created on the Property, including but not limited to the car wash and
vacuums, will be adequately controlled so as to not create impacts for adjacent properties. The daily
hours of operation for the car wash shall be limited to 6:00 a.m. to 10:00 p.m. The doors to the car
wash building shall be closed when vehicles are being washed and dried within the facility.
13. Effect. This Ordinance shall be in full force and effect from and after its passage and
approval, subject to the Developer's execution of the Acceptance and Agreement attached hereto as
Exhibit N, incorporated herein and made a part hereof, and the filing of said executed Acceptance
and Agreement form with the Village. This Ordinance shall not be codified.
AYES: 5 — Braiman, Glover, Berman, Johnson, Trilling
NAYES: 0 - None
ABSENT: 1 - Kahn
PASSED: March 15, 2004
APPROVED: March 15, 2004
ATTEST: APPROVED:
.+
Vil Clerk ELMOTT HARTSTEIN, Village President
This document was prepared by:
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
M.
ExxonMobil
1248 McHenry Road /1250 Arlington Heights Road
Parcel 1 — Existing ExxonMobil property, 1248 McHenry Road: Lot 3 in McHenry Road
Homesites, being a subdivision of part of the northwest 1/4 of the southwest '/4 of Section
29, Township 43 North, Range 11 East of the Third Principal Meridian, according to the
plat thereof recorded 11/24/56 as Document 931656, in Book 1501 of Records, page 154,
in Lake County, Illinois.
Parcel 2 — 1250 Arlington Heights Road: That part of the southwest quarter of Section
29, Township 43 North, Range 11 East of the Third Principal Meridian, described as
follows: Beginning on the west line of said southwest quarter of Section 29 at a point
326.4 feet south from the northwest corner thereof, thence east at right angles to said west
line 95.3 feet; thence south parallel with said west line of the southwest quarter of Section
29, 243.6 feet to the center of State Route No. 83, thence westerly along the center of
State Route No. 83, 99.5 feet to the west line of said southwest quarter of Section 29;
thence north 215 feet to the place of beginning, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 1248 McHenry Road and 1250
Arlington Heights Road, Buffalo Grove, IL.
i
ExxonMobil
1248 McHenry Road/1250 Arlington Heights Road
Petitioner Acceptance and Agreement concerning
amendment of Planned Unit Development ordinance
ExxonMobil does hereby accept and agrees to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2004 -31 duly passed and approved by the
Village of Buffalo Grove, IL amending the Planned Unit Development set forth in said
Ordinance.
The undersigned acknowledges that it has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2004 -31, and does hereby acknowledge and consent to each
and all of the provisions, restrictions, and conditions of said Ordinance.
ExxonMobil Oil Corporation
Its