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1992-049 6/15/92 ROGERS CENTRE FOR COMMERCE - EAST (ARBOR CREEK) PLANNED UNIT DEVELOPMENT ORDINANCE TABLE OF CONTENTS 1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Enactment of Zonii,�q Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4. Ccxi•pliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Building Permit and Engineering Consultant Fees. . . . . . . . . . . . . . . . . . . 4 7. Security for Public and Private Site Irrprovenents. . . . . . . . . . . . . . . . . 4 8. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . . . . 5 10. Facilitation of Develo nnt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 11 . Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 z 6/15/92 ORDINANCE NO. 92- 49 ROGERS CENTRE FOR COMMERCE - EAST (ARBOR CREEK) PLANNED UNIT DEVELOPMENT ORDINANCE 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, Arthur J. Rogers and Company (hereinafter referred to as the "Developer") is the developer of a certain tract of property comprising approximately 12.25 acres legally described in EXHIBIT A attached hereto (hereinafter referred to as the "Property") and which real estate is within the corporate limits of the Village; and, WHEREAS, the Property was annexed to the Village by Ordinance 86-71 , and zoned in the Industrial District by Ordinance 86-72; and, WHEREAS, the Property is subject to the provisions and conditions of an Annexation Agreement dated December 1 , 1936 approved by Ordinance 86-70; and, WHEREAS, the Property is subject to a Declaration of Protective Covenants for the Arbor Creek Business Centre recorded as Document Number 2577288; and, WHEREAS, the Village has received a petition for approval of a Planned Unit Development (P.U.D. ) in the Industrial District; and, WHEREAS, Developer proposes to construct fOLir one-store buildings on the Property pursuant to a Preliminary Plan dated as lest revised May 15, 1992 attached hereto and made a part hereof as EXHIBIT C and a Landscape Plan dated as last revised May 20, i 992 attached hereto and made a part hereof as EXHIBIT E and subject to all other exhibits attached hereto or incorporated by reference herein; and, 2 WHEREAS, pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held a public hearing and made its recommendations pursuant to Chapter 17.28 and Section 17.48.020 of the Zoning Ordinance with respect to the requested Preliminary Plan, Planned Unit Development and zoning variation in the Industrial District; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the zoning and development of the Property on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereinafter referred to as the "Corporate Authorities") do hereby find that the evidence presented meets the requirements for a Preliminary Plan, a Planned Unit Development and the requested zoning variation; and, 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 and th-e 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 adopt a proper, valid and binding ordinance approving a Planned Unit Development in the Industrial District for the Property legally described in EXHIBIT A, subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Crove as amended from time to time. Said zoning shall be further conditioned on the development of the 3 ' I Property in accordance with the Preliminary Plan attached hereto as EXHIBIT C. 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBIT C) pursuant to the provisions of the Village's Development Ordinance and in addition will approve a plat upon submission by the Developer of complete and proper materials as required for the issuance of appropriate building and other permits based on final versions of the plans and drawings of the development of the Property as submitted by the Developer provided that the plat or plats shall : (a) conform to the Preliminary Plan (EXHIBIT C) ; 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 Development Improvement Agreement (EXHIBIT F) as amended from time to time. 4. Compliance with Applicable Ordinances. The 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 amended from time to time. Notwithstanding the provisions of this Paragraph, no zoning changes will be applied that would adversely affect or require a change in the development of the Property pursuant to the Preliminary Plan. Upon approval of a plat of resubdivision, as required by the Village, the three platted lots (as described in EXHIBIT A) shall be 4 treated as one zoning lot for the purposes of applying the Village's Zoning and Development Ordinances. 5. Amendment of Plan. If the Developer desires to make changes to the Preliminary Plan, as herein approved, such changes 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 involves a reduction of the area set aside for common open space. 6. Building Permit and Engineering Consultant 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 Developer and the Village on any engineering or technical matters subject to this Ordinance, the Village reserves the right to pass along any and all reasonable additional expenses incurred by the use of consultants in the review and inspection of the development from time to time. Developer shall hay any non-discriminatory new or additional fees hereinafter charged by the Village to Developer or property within the Village. 7. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with 5 the Development Ordinance, and the Development Improvement Agreement (EXHIBIT F) as amended from time to time. Any letter or 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. If the Developer fails to complete all improvements secured by the letter of credit, 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. 8. Exhibits. The following EXHIBITS, some of which were presented in testimony 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. This Ordinance, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection by the parties hereto. EXHIBIT A Legal Description EXHIBIT B Preliminary Plan material (project narrative) prepared by Kathi Rogers, dated June 9, 1992 EXHIBIT C Preliminary Plan dated May 15, 1992 prepared by Arthur J. Rogers and Company EXHIBIT D Typical floor plan dated April 20, 1992 by Arthur J . Rogers an Company EXHIBIT E Landscape Plan dated May 20, 1992 by the Brickman Group, Ltd. EXHIBIT F Development Improvement Agreement 9. Buildin9, Landscaping and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance 6 r Commission and the Corporate Authorities before commencing construction of buildings. Phases not under construction or completed shall be maintained in a neat and orderly fashion and graded and seeded all as determined by the Village Manager. 10. Facilitation of Development. Time is of the essence of this Ordinance, and all parties shall make reasonable and good faith efforts 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 Developer 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. 11 . Enforceability of the Ordinance. This Ordinance shall be enforceable in any 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 meld invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 12. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the Developer, and its successors and assigns. 13. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate 7 I Authorities are entering into this Ordinance in their official capacities as members of such group and shall have no personal liability in their individual capacities. 14. 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 Developer: Kathi Rogers Arthur J. Rogers & Co. 3170 Des Plaines Avenue Des Plaines, IL 60018 If to Village; Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, #400 Oak Park, IL 60301 15. Special Conditions A. The following variation .to the Village's Zoning Ordinance is hereby granted as depicted on EXHIBIT C. Section 17.48.020.F.5.c. - to allow a landscaped setback for a parking area of 15 feet instead of 30 feet along the east lot line where the Property abuts an unincorporated residential zoning district. B. Developer shall construct or cause construction of on-site sanitary sewers, storm sewers, and water lines on the Property in conformance to plans, exhibits, and conditions set forth in the Arbor Creek Business Centre Annexation Agreement dated December 1 , 1986 and approved 8 by Village Ordinance No. 86-70. All plans and locations for said improvements and easements, including drainage on the Property, are subject to review and approval by the Village Engineer. C. Developer shall plant landscape materials and construct the off-site nature path as depicted on EXHIBIT E and as approved by the Village Engineer. 16. 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 - Reid Kahn Rubin Braiman NAYES: 0 - None ABSENT: 2 - Marienthal Hendricks PASSED: June 15 1992 APPROVED: June 15 1992 APPROVED,:, ,-S]-DNY K. ,1ATH I A S Village President ATTEST: nit R` -1 i Villa e Clerk EXHIBIT A ROGERS CENTRE FOR COMMERCE - EAST (ARBOR CREEK) PLANNED UNIT DEVELOPMENT ORDINANCE LEGAL DESCRIPTION Lots 1 , 2 and 3 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian pursuant to a plat of subdivision recorded on June 11 , 1987 as Document No. 2577287 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: This 12.25 acre tract at the southeast corner of Barclay Boulevard and Aptakisic Road in the Arbor Creek Business Centre. EXHIBIT A ROGERS CENTRE FOR COMMERCE - EAST (ARBOR CREEK) PLANNED UNIT DEVELOPMENT ORDINANCE LEGAL DESCRIPTION Lots 1 , 2 and 3 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian pursuant to a plat of subdivision recorded on June 11 , 1987 as Document No. 2577287 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION : This 12.25 acre tract at the southeast corner of Barclay Boulevard and Aptakisic Road in the Arbor Creek Business Centre.