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2006-007s T After recording mail to: Village Clerk Village of Buffalo Grove Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 2/1/2006 0 z 0 ORDINANCE 2006 - 7 AN ORDINANCE APPROVING REZONING TO THE B -3 PLANNED BUSINESS CENTER VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 185 Milwaukee Avenue (Southeast corner of Milwaukee Avenue /Riverwalk Drive) 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 subject site commonly known as 185 Milwaukee Avenue and hereinafter referred to as the "Property ", is legally described in EXHIBIT A attached hereto; and, WHEREAS, the Property is an 0.89 -acre tract zoned in the Residential Estate District pursuant to Village Ordinance No. 2004 -32; WHEREAS, LaSalle Bank National Association, successor Trustee under Trust Agreement dated March 29, 1993 and known as Trust No. 4328 (Daniel P. Casale being the sole beneficiary thereof) , is the owner of the Property [hereinafter referred to as the "Owner "]; and, WHEREAS, the Property is currently occupied by a commercial building (formerly used for 2 restaurant facilities), and three communications towers with antenna facilities and ground level equipment shelters serving said antennas; and, WHEREAS, development of the Property, including construction of the commercial building, parking areas, communication towers and antennas and equipment shelters occurred under the zoning authority of the County of Lake, Illinois; and, WHEREAS, the Owner has petitioned to the Village for rezoning of the Property to the B -3 Planned Business Center District with the intention of securing a tenant for the vacant commercial building and to maintain the use of the current communications towers; and, WHEREAS, the Property is not in compliance with certain standards of the Village's B -3 zoning district, including the building setback and landscaped yard along Milwaukee Avenue and the landscaped yard along Riverwalk Drive; and, WHEREAS, the existing communications towers are not in compliance with the Village's zoning regulations as set forth in Title 17 — Zoning Ordinance of the Village's Municipal Code; and, WHEREAS, the Village's 1998 Comprehensive Plan designates the Property for commercial use; and, WHEREAS, the Village supports continued commercial use of the Property, including redevelopment for uses that generate retail sales tax, and the Village intends to cooperate with the Owner and users of the commercial building to establish and maintain viable retail -sales producing businesses on the Property; and, WHEREAS, pursuant to due notice and advertisement, the Village President and Board of Trustees (sometimes hereafter referred to as the "Corporate Authorities ") held a public hearing and made its findings and recommendation pursuant to the requested rezoning to the B -3 District; and, a r o is 3 WHEREAS, The President and Board of Trustees of the Village find that rezoning of the Property to the B -3 District is consistent with the Village's planning for the area and is compatible with the use and zoning of adjacent properties; and, WHEREAS, the President and Board of Trustees of the Village after due and careful consideration have determined that use of 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: I. 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. Enactment of Zoning Ordinance. The Corporate Authorities hereby rezone the Property to the B -3 Planned Business Center District, subject to the conditions contained herein and in compliance with all applicable ordinances of the Village as amended from time to time. 3. Compliance with Applicable Ordinances. Owner shall comply with all ordinances of the Village as amended from time to time in the use and development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted by the Village 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. 4. Exhibits. The following Exhibits, some of which were presented in testimony 2 given by the Owner or the witnesses during the hearing held before 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 Plat of Survey dated August 31, 2005 by Howard Surveying Company, Inc. EXHIBIT C Owner Acceptance and Agreement GROUP EXHIBIT D Leases concerning communications towers 5. 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. 6. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 7. 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. 8. 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. 0 0 If to Owner: Daniel P. Casale 215 Miller Road North Barrington, IL 60010 Copy to: Larry M. Clark, Esq. Attorney at Law 700 North Lake Street, Suite 200 Mundelein, IL 60060 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Zimmermann, LLC 22 South Washington Avenue Park Ridge, IL 60068 9. Special Conditions. The following, special conditions shall be applicable to the Property. A. Occupancy of the commercial building is limited to businesses wherein the primary business generates retail sales tax. Any other use of the commercial building is subject to approval by the Village in its sole discretion. B. Any modifications to the commercial building, parking areas, landscaping and signs on the Property are subject to approval by the Village in its sole discretion. C. The communications towers and related antennas and equipment shelters on the Property shall not be modified or expanded unless approved by the Village. The Village hereby acknowledges its intent to allow reasonable and necessary maintenance of the existing facilities to ensure proper technical performance and safety. In the event that a tower, antenna or equipment shelter sustains damage that is less than 50 percent of the value of said facility, said facility may be re- constructed to its size and composition prior to the damage, except that exterior materials for the equipment shelters shall be brick or a similar masonry construction approved by the Village. Landscaping shall be provided around the exterior of the equipment shelters if the Village determines that said landscaping would enhance the property without endangering public safety. If a tower is damaged to 50 percent or Con greater of the cost of reconstruction, said tower shall be removed from the Property pursuant to the regulations of the Village Zoning Ordinance pertaining to non - conforming uses. Any costs incurred by the Village, including but not limited to attorneys' fees, to determine the valuation of the tower and other facilities and the amount of damage that has occurred shall be reimbursed to the Village by the Owner. D. Owner shall not extend the current leases as set forth in Group Exhibit D attached hereto nor enter into new leases concerning the communications facilities on the Property. In the event that the use of any tower, antenna or equipment shelter is discontinued said equipment shall be removed from the Property as soon as possible but not more than six months after the use ceases. If the use of any tower, antenna or equipment shelter is discontinued for a period of one year, said use shall be considered abandoned pursuant to the regulations of the Village Zoning Ordinance pertaining to non- conforming uses. E. It is acknowledged that a future commercial use on the Property may benefit from signage that exceeds the standards of the Village's Sign Code. The Village will entertain a petition for variation of the Sign Code for future signage on the Property. 10. Effect. This Ordinance shall be in full force and effect from and after it passage and approval, subject to the Owner's execution of the Acceptance and Agreement attached hereto as Exhibit C , 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, Berman, Kahn, Trilling, Rubin NAYS: 0 — None ABSENT: I - Glover PASSED: February 6, 2006 APPROVED: February 6, 2006 I° ATTEST: V ge Clerk This document was prepared by: Mail to: Village Clerk 0 qb APPROVED: ELLIOTT HARTSTEIN, Village President Village of Buffalo Grove Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 8 EXHIBIT A Legal Description 185 Milwaukee Avenue, Buffalo Grove, Illinois Lots 1, 2, 3, 4, 5 and 6 and the north 12.36 feet of Lot 7 and Lots 16 and 17, in Block 7 in Unit No. 2 in Columbian Gardens, 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, in Book "P" of Plats, Page 92, together with that part of the vacated alley lying east of Lots 1 through 7 and west of Lots 16 and 17 and lying north of the easterly prolongation of the south line of the north 12.36 feet of Lot 7 as recorded on June 8, 2001 as Document 4705803 (excepting therefrom that part taken in eminent domain cases 92ED75 and 92ED79), in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 0.89 -acre tract on the southeast corner of Milwaukee Avenue [IL Route 21 ] and Riverwalk Drive, also known as 185 Milwaukee Avenue, Buffalo Grove, IL. PINS: 15 -35- 402 -127 15 -35- 402 -130 15 -35- 402 -133 15 -35- 402 -128 15 -35- 402 -131 15 -35- 402 -134 15-35-402-129 15-35-402-132 15-35-402-135 OLUMBUS PARKWAY �... -ice �` � y �� - ----- __,•�� -.. ,,�t'` 4 i;. .. y� n ((.,::((fen•:;' di.•' p I' ERt 't � �: �,;r:��' oac ✓� .•� Ad`' ` S SttE � PW gSEy . 5 ,� sag "e -~"'' � � • � ��'' ;I , VN "� 15 9 G� 10 14 1J 12 2 tz, sus' w unas I ��•G' f ss cwam el' Lun P.L44T OF SURVTY I fY . . _ . faa ex.eprP NYxnDI [Mar Nw w 4doBq, a ,aan w Ife Lots 1, 2 4 4, $ G the Nwlh 12.36 feet of Lot 7 and Lois 16 and 17 to Block 7 to UNIT NR 1 in COLUMBIAN OAROEN$, M�RQ�E «m o�mea, amf .Lev nu oam•,a ,wVa m.vm, ro w w...d acaw mnf�a� w.�a a: f. being a SubakWon of part of Section 35 TownshO 43 Nwlh, Rongo It East of the filed Prf Glycol Merl", =ar&g O ,d w seem Pat Lab c-u e w lyt sa coy w wa, Loa1 L. hOe, to the plot thereof, recordau „yly la 1926 as- Document 182352 in Book 'P' of Plots, page 92, tegethw with thol port an sae lgT1lN SefleM' Mc `, � of wetted deey 1f79 East of Lots 1 through 7 and West of Lots 16 and 17 and lying North of the £mteely iy'u roe tmwa ; ✓W Na I669 l,eaa Lw, rr/.p/a6 r° taK.�°�' proloagalka of the South line of me North 1236 foci of Lot 7 as recorded on June 8, 2001 as Document 4705803, (eteaotlfrg lb"cfom ihot Port token In eminent domain aKazssovtt usxis a asotfnrr Land scm rb'AVt aM'HM,x wladl>g_ cases 92ED75 and 92ed79) In Lake CoaniX M&ota. .VYf d Qw 8nia( 6MAt l tld anpf eaeK a. MVEf P. raaaL. Mixdm.nnru aQ fw-nr aMN1YAW Mfas no L41Ea lamM 9AK901CPAe P." t rLa10 LEGEND f.�mc Mmn uw evsaw aarwun uam - - — fFSNN vavu axPxe _. eama mamovi.» eteamc —' — mmnc urnmcrowm nv vnve .. n... aarxrc aanat ® l56mC Mlpf Kflls W.t) O Gams aG1 etET • 0 tarmac :Ikil eta orn•a nwao ov>,canfw Fla1Yi an'aPAVf name nnarnr eex sans ,imn Poet — Oull PafL mm ottarc xcwous m¢ auf awaaan taq� -nr -.- tmmo carra!aas rn¢ maf wuamf asmrc oarrofm OLUMBUS PARKWAY �... -ice �` � y �� - ----- __,•�� -.. ,,�t'` 4 i;. .. y� n ((.,::((fen•:;' di.•' p I' ERt 't � �: �,;r:��' oac ✓� .•� Ad`' ` S SttE � PW gSEy . 5 ,� sag "e -~"'' � � • � ��'' ;I , VN "� 15 9 G� 10 14 1J 12 2 tz, sus' w unas I ��•G' f ss cwam el' Lun N eNW d Ibrea �lA] Lr< lx...e a n8eP I fY . . _ . faa ex.eprP NYxnDI [Mar Nw w 4doBq, a ,aan w Ife was wxtma laf On Mn• h 6'rt.'a erot m0 w XJaaap ea•mmw�ro a of aa,..e, u. wan M�RQ�E «m o�mea, amf .Lev nu oam•,a ,wVa m.vm, ro w w...d acaw mnf�a� w.�a a: f. e evaavy uvmy O ,d w seem Pat Lab c-u e w lyt sa coy w wa, Loa1 L. hOe, .f.y,e an sae lgT1lN SefleM' Mc `, � !P •C / iy'u roe tmwa ; ✓W Na I669 l,eaa Lw, rr/.p/a6 r° taK.�°�' Ilol£.• w mvaa mn araH, sa e..•y .,,,a. ,w+ n vw .wsda agar we.m �xa �a c� �tl1 n n m 13 � „� �/ ��•G' �t Y I trTE M�RQ�E t,C.1lFT 1'� Ea' NECEIVtU • a » . a SEP 01 to WRM Ewr-. HOWARD SURVSn G COMPANY, aKazssovtt usxis a asotfnrr Land scm rb'AVt aM'HM,x wladl>g_ raf .VYf d Qw 8nia( 6MAt l tld anpf eaeK a. MVEf P. raaaL. Mixdm.nnru aQ fw-nr aMN1YAW Mfas no L41Ea lamM 9AK901CPAe P." t rLa10 Feb 03 06 06: 56p C 847 -7944 EXHIBIT C Petitioner acceptance and agTeemcut concerning rezoning to the B.3 Planned Business Center District 185 Milwaukee Avenue Southeast corner of Milw4ukee Avenue tit, Route 211 and Riverw alie Drive p. :.j '"CHICAGO TITLE LAND TRUST COMPANY AS SUCCESSOR TRUSTEE TO tn� Q V9 25 f LaSalle Bank National Association, successor Tnistec under Trust Agreement dated March 2.9,1 o V w 25 O NwZ W dad known as Trust No. 4328'0and Daniel P. Casale being the sole beneficiary theieoi' do hereby s';:- 2 o a accept and agree to abide by and be bound by cash of the terms, coed ')!iesks and limitations sot forth 6 y e � in Ordinance N< >. 2006 -_ duly Wised and appnaved by the Village of Buffalo Grove, Illinois y. n m c E m co m o°•tO�? rezoning the Property dclicrihed in Said U�rdirianae to the 13 -3 Planned Business Center Distz:ct. _ = 9 0 y ;4 wND NOT PERSO m o c ; 7ho undersigned ackcnowledge that they have read and understtutd all of the terms and provisions of ` ` 3 E � y g =��° °..�. said Buffalo Crrc�ve Ordinance No. 20U6 -� and do hereby acicnowleci C axed consent to each and f sand Ordinance. y ° M ,frictions and conditions ti� y of the provisions, rey ;. MPAN - fr-- q ��ll m`o��v�a�io� tat'tft AGu t i { LE LAW 3 Wb t CO _ 2 v � AS SUCCESSOR TRUSTEE TO o °' •00 C m m � Q W O �a "LaSalle Bank National Association, successor Trustee under Trust Agreement dated March 93 and knQ$ Trust No. 4320 `SAND NO'T PERSONALLY �, a o ao .% Oflicer . ZAKR VSKI T rust: Officer c' W rr s JAN yX "��o� Q o =m m a y � Daniel P, Casale, as sale b ne�I of • alle Ba*National Association, awcessur TniSiec Aye C N Vj / �•+ .4328 :E,2 ° under Trust A.gmcmcpLt cia 1 o e 10 EXHIBIT D Cell Tower Leases for 185 Milwaukee Avenue (Daniel Casale) 1. Nextel Site Lease dated April 4, 2000. 2. Sprintcom, Inc. Lease executed by SprintCom, Inc. on June 23, 1998 and by Owner on August 1, 1998. 3. Voicestream Gsm I (T- Mobile) site Lease with Option executed by Voicestream on July 30, 2002 and Landlord on July 15, 2002. 4. Ameritech Lease executed by Tenant on June 2, 1993 and by Landlord on June 7, 1993. f STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE 1, 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 6; 2006 the Corporate Authorities of the Village passed and approved Ordinance No. 2006 -07 entitled: AN ORDINANCE REZONING THE PROPERTY AT 185 MILWAUKEE AVENUE TO THE B -3 PLANNED BUSINESS CENTER DISTRICT provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2006 -07, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing 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 6th day of February, 2006. ViIL4e Clerk By