1986-070 ORDINANCE NO. 86- 70 2532928
AN ORDINANCE APPROVING ANNEXATION AGREEMENT
(Klefstad Property-Arbor Creek.Business Centre)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the Illinois Constitution of 1970; and,
WHEREAS, there has heretofore been submitted to the Corporate Authorities
of the Village of Buffalo Grove a petition to annex the property legally des-
cribed in Exhibit A hereto; and,
WHEREAS, there has been submitted to the Corporate Authorities of the
Village of Buffalo Grove an Annexation Agreement; and,
WHEREAS, proper and due notices of public hearings on said Annexation
Agreement and Zoning have been given and public hearings were held; and,
WHEREAS, it is determined to be in the best interests of the Village of
Buffalo Grove to approve said Annexation Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1 . The Annexation Agreement, a copy of which is attached hereto
and made a part hereof as Exhibit A is approved.
Section 2. The President and Clerk of the Village are hereby authorized
to execute said Agreement on behalf of the Village of Buffalo Grove.
Section 3. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Marienthal, O'Reilly, Glover, Reid, Kowalski
NAPES: 0 - None
ABSENT: 1 - Shields
PASSED: December 1 1986
APPROVED: December 1 1986
r " APPROVED:
U _.... .«►r►-i
VERNA L. CLAYTON, Village P" esident
Vi11a �3srk` 2532928
:, � =4X_ 3
12/1/86 2532928
ARBOR CREEK BUSINESS CENTRE
ANNEXATION AGREEMENT
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Approval of Plats. , . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . .
6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .4
7. Amendment of Plan, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
8. Building Permit and Engineering Fees. . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Developer Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . .8
13. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
14. Security for Public and Private Site Improvements. . . . . . . . . . . . .9
15 Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
16. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .9
17. Declaration of Protective Covenants. . . . . . . . . . . . . . . . . . . . . . . . . .10
18. Right of Way Dedication. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
19. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . 12
20. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
21. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
22. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
23. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
24. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
25. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
26. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
27. Signs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15
28. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
29. Trustee Exculpation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
a
12/1/86 2532928
ARBOR CREEK BUSINESS CENTRE
ANNEXATION AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 1st day of December, 1986, among the VILLAGE OF BUFFALO GROVE
(hereinafter referred to as "Village") by and through the President and Board of
Trustees of the Village (hereinafter collectively referred to as the "Corporate
Authorities") , CITIZENS BANK & TRUST COMPANY as Trustee under a Trust Agreement
dated March 2, 1984, and known as Trust No. 66-1539, and LaSALLE NATIONAL BANK,
as Trustee under a trust agreement dated June 27, 1986, and known as Trust No,
111260 (hereinafter collectively referred to as "Owner") , and KLEFSTAD COMPANIES,
INC., an Illinois corporation (hereinafter referred to as "Developer") .
C W I T N E S S E T H:
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, Owner is the owner of a certain tract of property comprising
110.723 acres more or less (which includes any adjacent unincorporated right of
way not owned by Owner) legally described and identified in the Plat of
Annexation, which is attached hereto as EXHIBIT B, which exhibit is made a part
hereof (hereinafter referred to as the "Property") and which real estate is
contiguous to the corporate limits of the Village; and,
WHEREAS, Owner desires and proposes pursuant to the provisions and regu-
lations applicable to the I (Industrial) District of the Village Zoning Ordinance
to develop the Property in accordance with and pursuant to a certain Preliminary
Plan prepared by Erler and Associates and dated as last revised on 11/25/86, a
copy of which Preliminary Plan is attached hereto as EXHIBIT D and incorporated
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herein, and subject to all other exhibits attached hereto or incorporated by
reference herein; and,
WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the
Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1985) and as the
same may have been modified by the Village's Home Rule Powers, a proposed
Annexation Agreement was submitted to the Corporate Authorities and a public
hearing was held thereon pursuant to notice as provided by Statute; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of
the Village has held a public hearing and made its recommendations with respect
to the requested zoning classification in the I (Industrial) District, and
certain variations requested by Developer; and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration have concluded that the annexation of the Property to the Village and its
zoning and development on the terms and conditions herein set forth would further
the growth of the Village, increase the tax base of the Village, enable the
Village to control the development of the area and would serve the best interests
of the Village; and,
WHEREAS, the Corporate Authorities have approved this Agreement by a 2/3
majority or better affirmative vote and have further directed this Agreement to
be executed by the Village President and Village Clerk,
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to the provisions of
Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois
Revised Statutes 1985) and as the same may have been modified by the Village's
Home Rule Powers. The preceding whereas clauses are hereby made a part of this
Agreement.
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2. Agreement: Compliance and Validity. The Owner has filed with the
Village Clerk of the Village a Petition for Annexation (EXHIBIT A hereto)
pursuant to and in accordance with provisions of Section 7-1-8 of the Illinois
Municipal Code (Chapter 24, Illinois Revised Statutes 1985) , and as the same may
have been modified by the Village's Home Rule Powers, conditioned on the
execution of this Agreement and the compliance with the terms and provisions
contained herein, to annex Property to the Village. It is understood and agreed
that this Agreement in its entirety, together with the Petition for Annexation,
shall be null, void and of no force and effect unless Property is validly annexed
to the Village, is validly zoned and classified in the I (Industrial) District,
and the variations described in Exhibit F are granted, all as contemplated in
this Agreement.
3. Enactment of Annexation Ordinance. The Corporate Authorities within
twenty-one (21) days of the execution of this Agreement by the Village will enact
a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi-
nance") annexing Property to the Village and take all other action reasonably
necessary or appropriate to cause the Property to be duly and validly annexed to
the Village. Said Annexation Ordinance shall be recorded with the Lake County
Recorder's Office concurrently with the Plat of Annexation (attached hereto as
EXHIBIT B) . Recordation shall take place no more than thirty (30) days after
enactment of Annexation Ordinance.
4. Enactment of Zoning Ordinance. Within twenty-one (21) days after the
passage of the Annexation Ordinance, the Corporate Authorities shall adopt a
valid and binding ordinance, zoning the Property in the I (Industrial) District
subject to the restrictions and variations further contained herein and all
applicable ordinances of the Village of Buffalo Grove as amended from time to
time and take all other action reasonably necessary or appropriate to cause the
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Property to be duly and validly zoned and classified in the I (Industrial)
District in the Village and to grant the variations described in Exhibit F. Said
zoning and the variations granted in connection therewith, shall be further
conditioned on the development of the Property in accordance with a Preliminary
Plan prepared by Erler and Associates and dated as last revised on 11/25/86,
(EXHIBIT D) .
5. Approval of Plats. The Corporate Authorities hereby approve a Prelimi-
nary Plan (EXHIBIT D) pursuant to the provisions of the Development Ordinance and
in addition agree to approve a Final Plat or Plats of subdivision upon submission
by the Developer of complete and proper materials required by ordinance for the
issuance of appropriate building and other permits based on final versions of the
plans and drawings of the development of Property as submitted by the Developer,
provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBIT D) subject to the
provisions of Paragraph 7;
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT C) as
amended from time to time.
The Village agrees that specific development plans submitted for an indi-
vidual lot or lots will not require additional review by the Plan Commission or
the Corporate Authorities.
6. Compliance with Applicable Ordinances. Except as otherwise provided
in Paragraph 27 (Signs) and Paragraph 28A (Variations) , the Developer agrees to
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 Agreement shall not be arbitrarily or
discriminatorily applied to the Property, but shall be equally applicable to all
property similarly zoned and situated to the maximum extent possible. Except as
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otherwise provided in Paragraph 28A (Variations) , 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 effect the development of the Property pursuant to
the Preliminary Plan.
7. Amendment of Plan. Except as otherwise provided in Paragraph 17B, 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 Agreement. The Corporate
Authorities may, at their sole discretion, require additional public hearings and
may review the commitments of record contained in this Agreement, 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 changes involve a
reduction of the area set aside for common open space.
8. Building Permit and Engineering 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 maximum extent possible. In the
event a conflict arises between the Developer and the Village on any engineering
and technical matters subject to this Agreement, 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. Developer
shall pay any non-discriminatory new or additional fees hereinafter charged by
F
5
the Village to Developer and the developer or owners of other property within the
Village.
9. Water Provision. The Developer shall be permitted and agrees to tap on
to the Village water system at points recommended by the Village Engineer, which
points to the extent shown on EXHIBIT D are hereby approved by the Village,
however, it is understood that changes to the Preliminary Plan may be required at
the time of Final Engineering. The Developer further agrees to pay to the
Village such normal, customary and standard fees in accordance with the
applicable Village Ordinances at the time of the issuance of the water permits.
The Developer 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 maximum 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 Developer. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, all such watermains shall be dedicated to the Village and become a
part of the Village water system maintained by the Village except for service
connections to the buildings. All watermains shown on the Preliminary Plan
(EXHIBIT D) shall be constructed within 24 months of the recording of the
respective plat or plats of subdivision.
10. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and to
use their best efforts to aid Developer in obtaining such permits from govern-
mental agencies having jurisdiction as may be necessary to authorize connection
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from the proposed development to the Lake County Public Works Department for the
collection of sewage and to the Lake County Highway Department as may be appro-
priate. The Developer shall construct on-site and off-site sanitary sewers as
may be necessary to service the Property, as per EXHIBIT D, however, it is
understood that changes to the Preliminary 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 systems, except for sanitary sewer service
connections to individual buildings. The Developer 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 maximum extent possible.
B. The Developer shall also construct on the Property in question the
storm sewers that are necessary to service the Property, as per EXHIBIT D,
however, it is understood that changes to the Preliminary 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 that portion of the storm sewer system
which serves public streets, or multiple properties, and the Developer agrees to
operate and maintain that portion of the storm sewer system located on the
subject Property and not so dedicated and shall record, as a part of the
protective covenants described in Paragraph 17, a covenant to that effect within
thirty (30) days of the recording of the Plat of Subdivision.
11. Drainage Provisions. The Developer or, in the event Developer is not
the developer of a lot contained within the Property, any subsequent owner of
such lot ("Lot Owner") shall fully comply with any request of the Village
/ Engineer related to the placement of buildings on lots, to preserve drainage
standards. The Developer or Lot Owner, as the case may be, shall install any
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storm sewers and/or inlets on individual lots that are required to eliminate
standing water or conditions of excess sogginess that may, in the reasonable
opinion of the Village Engineer, be detrimental to the growth and maintenance of
lawn grasses; provided, however, that no such requirement may be imposed by the
Village where the effect would be to contravene the Preliminary Plan designation
of wet ponds or the requirements of the Army Corps of Engineers' permit issued in
connection with the development of the Property.
12. Developer Recapture of Utility Costs. It is further understood and
agreed that a portion of the sanitary sewer, storm sewer and/or watermain to be
constructed and installed by the Developer to serve the proposed development on
the Property (hereinafter referred to as "Developer's Improvements") may be
required by the Village to be so located and/or oversized as to benefit vacant
neighboring properties not owned by the Developer, thus making such utility
service available thereto. The Corporate Authorities agree to adopt an ordinance
to permit the Developer to recapture from such vacant neighboring property owners
as may be benefitted by the Developer's Improvements, that portion of the actual
costs of oversizing the construction and installation of Developer's Improve-
ments, in such proportionate amounts from such neighboring property owners as may
be so benefitted as determined by the Village. Said recapture ordinance shall
only be enforceable for seven (7) years from its passage. The Village and Devel-
oper agree to use their best efforts to cooperate to achieve the most practical
and feasible route to the off-site utilities connection points. The Village
agrees to cooperate with the Developer in effectuating recapture from future
developers as appropriate.
The Village shall be entitled to a five percent (5%) fee from any amounts
hereby recaptured as and for its collection efforts.
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2 jvfas
13. Payment of Recapture Fees Owed. Any amount of recapture required to be
paid by this Property shall be due and payable concurrently with the submission
of the first Final Plat of subdivision to the Corporate Authorities for approval.
14. Security for Public and Private Site Improvements. Security for public
and private site improvements shall be provided in accordance with the Develop-
ment 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 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 im-
provements secured by the letter of credit.
15. 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
Agreement, are hereby incorporated by reference herein, made a part hereof and
designated as shown below. This Agreement, upon execution by the parties,
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 Petition for Annexation of Property
EXHIBIT B Plat of Annexation
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan
EXHIBIT E-1 Concept Landscaping and Wetland Plans
thru E-4
EXHIBIT F Variations
EXHIBIT G Arbor Creek Business Centre Signage Concept
16. Building, Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
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requirements of Village Ordinances except as otherwise modified pursuant to
Paragraph 28) for approval by the Appearance Commission and the Corporate
Authorities before commencing construction of buildings. Lighting and signage
shall be compatible with surrounding areas. Property not under construction or
completed shall be maintained in a neat and orderly fashion as determined by the
Village Manager.
17. Declaration of Protective Covenants.
A. Developer shall record against the Property, simultaneously with the
recording of the first Final Plat of subdivision, a declaration of protective
covenants, conditions and restrictions in a form approved by the Corporate
Authorities, which shall include provisions granting the Village the right, but
not the obligation, to enforce covenants or obligations of the owners or owners
association as defined and provided within the declaration of protective
covenants, and further granting the Village the right, upon thirty (30) days
prior written notice specifying the nature of the default, to enter upon the
Property and cure such default, or cause the same to be cured at the cost and
expense of the association or the owner or owners thereof. The Village shall
also have the right to charge or place a lien upon the property of the owner's
association for the repayment of such costs and expenses, including reasonable
attorneys' fees incurred in enforcing such obligations. The declaration shall
include but not by way of limitation, the following covenants and obligations:
to maintain detention ponds and drainage systems pursuant to Village ordinances
and in a neat and orderly manner so as not to cause standing water, conditions of
excess sogginess, erosion, odor or other items determined by the Village Engineer
or Health Officer to be detrimental to the area. The declaration shall further
provide that these provisions may not be amended without the approval of the
Village. Notwithstanding the foregoing, the
g g g g, provisions of the Protective
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Covenants and the Village ordinance enforcement shall not be inconsistent with
the requirements of the Army Corps of Engineers' Permit.
B. With regard to Parcel G on the Preliminary Plan, the Developer shall
obtain an easement for purposes of constructing and maintaining any flood
control, storm drainage, wetlands and bicycle path contemplated by the
Preliminary Plan. Said easement shall run to the Village, The Owners of the
Property, the association to be created under the Protective Covenants and the
Owner of Parcel G. Said easement shall be subject to prior Village approval and
shall be recorded simultaneously with the recording of the first Final Plat of
subdivision.
In such event, Developer or Developer's association shall also be
responsible for maintaining Parcel G and the Village shall have the same rights
under Paragraph 17A as to Parcel G, except that the lien rights shall run to the
Property rather than to Parcel G.
In the alternative, in the event Developer or Owner shall acquire Parcel G,
the acquiring party (and the owner of such parcel, if such petition is made prior
to the closing of the transaction) , shall petition the Village for annexation of
said parcel upon the same terms and conditions as provided in this Agreement,
whereupon the Corporate Authorities shall as soon as practicable, enact a valid
and binding ordinance annexing Parcel G to the Village, shall enact a valid and
binding ordinance zoning Parcel G in the I (Industrial) District and take all
other actions reasonably necessary or appropriate to cause Parcel G to be duly
and validly annexed to the Village and rezoned to the I (Industrial) District,
including approval of a Plat of Subdivision and all applicable variations
(Exhibit F) therefor.
18. Right of Way Dedication. The Developer acknowledges that it is the
intention of the Village and other involved agencies that at some time in the
future Aptakisic Road will be widened. At the request of the Village, but no
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later than upon approval of the Final Plat of Subdivision, the Developer agrees
to dedicate such additional right-of-way along Aptakisic Road as may be required
to permit the widening of Aptakisic Road to 54 feet from the center line.
19. Annexation to the Buffalo Grove Park District. The Developer agrees,
at the request of the Buffalo Grove Park District, to annex any part or all of
the Property to said Park District.
20. Facilitation of Development. Time is of the essence of this Agreement,
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 Agreement and the development of the Property in the best interests of all
the parties requires their continued cooperation. The Developer does hereby
evidence his intention to fully comply with all non-discriminatory Village
requirements, his willingness to discuss any matters of mutual interest that may
arise, and his willingness to assist the Village to the fullest extent possible.
The Village does hereby evidence its willingness to discuss any matters of mutual
interest that may arise, its intent to always cooperate in the prompt and
mutually satisfactory resolution of mutual problems and its willingness to
facilitate the development of the Property, as contemplated by the provisions of
this Agreement.
21. Enforceability of the Agreement. This Agreement 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 Agreement is held invalid, such provisions
shall be deemed to be excised herefrom and the invalidity thereof shall not
affect any of the provisions contained herein.
22. Term of Agreement. This Agreement will be binding on all parties for a
term of twenty20( ) years from the date of the execution of this Agreement by the
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Village. This Agreement shall not be assigned without prior written consent of
the Village.
23. Binding Effect of Agreement. This Agreement shall be binding upon the
parties hereto, their respective successors and assigns.
24. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities
are entering into this Agreement in their official capacities as members of such
group and shall have no personal liability in their individual capacities.
25. Notices. Any notice required pursuant to the provisions of this
Agreement 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: Citizens Bank & Trust Company
Trust No. 66-5139
1 South Northwest Highway
Park Ridge, IL 60068
and
LaSalle National Bank
Trust No. 111260
135 S. LaSalle Street
Chicago, IL 60690
Copy to:* Bertrand P. McAndrew
Bertrand P. McAndrew & Company
143 Northwest Highway
Park Ridge, IL 60068
and
James J. Cowhey
Land & Lakes Company
P.O. Box 778
Park Ridge, IL 60068
and
Bruce Klefstad
Klefstad Companies, Inc.
4444 W. Montrose
Chicago, IL 60647
If to Developer: Bruce Klefstad
Klefstad Companies, Inc.
4444 W. Montrose
Chicago, IL 60647
/L
13
Copy to:* Janet M. Johnson
Schiff, Hardin & Waite
7200 Sears Tower
Chicago, IL 60606
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to:* William G. Raysa
Bloche' , French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
26. Default.
A. In the event Developer defaults in the performance of its obliga-
tions set forth in this Agreement, then the Village may, upon notice to Develop-
er, allow Developer sixty (60) days to cure such default or provide evidence to
the Village that such default will be cured in a timely manner if it cannot be
cured during said period. If Developer fails to cure such default or provide
such evidence as provided above, then, with notice to Developer, the Village may
begin proceedings to disconnect from the Village any portion of the Property upon
which development has not been completed. In such event, this Agreement shall be
considered to be the petition of the Owner to disconnect such portion of the
Property.
B. In addition to sub-paragraph A. hereof, it is recognized by the
parties hereto that there are obligations and commitments set forth herein which
are to be performed and provided for by the Developer not by the Owner. The
Village agrees that the Owner as such is exculpated from any personal liability
or obligation to perform the commitments and obligations set forth herein and
that the Village will look solely to the Developer for such performance, except
*Copies of notices are for informational purposes only, may be given by regular
mail and a failure to give or receive copies of notices shall not be deemed a
failure to give or receive notice. 7
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that to the extent that the Owner or successor thereto shall become a developer
or shall designate or contract with a developer other than Klefstad Companies,
Inc. then in that case, the Owner or the new designee shall be subject to the
liabilities, commitments and obligations of this Agreement. In the event the
Owner or Developer defaults in his obligations created under this Agreement, the
Village may enforce such obligations against the Property.
27. Signs. The parties recognize the unique nature of the proposed
development, and the need for the Developer and subsequent purchasers of the
Property to design and install signage representative of the proposed develop-
ment, the types of facilities located thereon and the community generally.
Accordingly, the Village and Developer agree that the Village's Sign Ordinance
and all subsequent amendments thereto shall not apply to the Property except as
provided in EXHIBIT G referenced below. All signs must be reviewed and approved
by the Village Manager in lieu of the Village's Sign Code and Appearance
Commission review. The sign code shall be replaced by "The Arbor Creek Business
Centre Signage Concept" (EXHIBIT G) . This procedure shall continue if
satisfactory performance is observed by the Village. The determination of this
shall be in the sole discretion of the Village. If satisfactory performance is
not observed by the Village, the Village and Developer agree to develop and
approve a mutually acceptable revised design standard for signage on the
Property. Notwithstanding anything in this paragraph to the contrary, the
Village agrees that the Developer shall be permitted to construct two (2)
entry-way signs, one on Lot Y or Z as designated on the Preliminary Plan near
Barclay Boulevard at Aptakisic Road and another on Lot X as designated on the
Preliminary Plan near the intersection of Barclay and Corporate Grove Drive,
subject to a location review by the Village's Engineering Department.
15
EXHIBIT G
Q /� iJe",
ARBOR CREEK BUSINESS CENTRE SIGNAGE CONCEPT
There should be no predetermined rules regarding the size, shape or color of
signage, however, it is the intention of this concept that the signage should
be in aesthetic balance with the size of the site, its buildings, and the
surrounding properties. Vehicular control signage should fulfill a need,
command attention, convey a clear and unmistakable meaning, command
respect of the road users and give adequate time for proper response. _
Particular attention should be given to the location of the signage at proper
decision points to insure maximum effectiveness, to avoid confusing back-
grounds, and to not obscure vehicular traffic.
The following basic guidelines have been established to assure an orderly
signage concept, yet allow considerable flexibility in providing some variety
of signage and utilization of corporate logos and graphics. It is not intended
that th• following guidelines be absolutely rigid or inflexible nor, on the
other hand, should any proposed variance be considered lightly or be
primarily for the benefit of one Parcel Owner at the expense of others or
the entire Property.
Signage within ARBOR CREEK BUSINESS CENTRE shall be generally
exempt from the Village of Buffalo Grove's signage ordinances, except that
the provisions of the Buffalo Grove Sign Code relative to permits (§14.12)
and construction (S14.16) shall be applicable to all signage within ARBOR
CREEK BUSINESS CENTRE. Declarant, in its sole discretion, may review
every sign erected and subject such signage to approval in writing by the
Developer and the Village Manager prior to installation.
After the commencement of the construction, but not later than the
construction of Improvements (which must include buildings) on 80% of the
Parcels numbered 1 through 27 on the Plat of Subdivision contained in
ARBOR CREEK BUSINESS CENTRE, the Developer or, if Developer or
Declarant has transferred or assigned its rights hereunder to the
Association, the Association shall submit to the Village a detailed sign
program for ARBOR CREEK BUSINESS CENTRE. Limits and standards of
this sign program shall
* Attached to and made a part of the Declaration of Protective
Covenants for Arbor Creek Business Centre, Buffalo Grove, Illinois. All
capitalized terms not otherwise defined in this Exhibit G shall have the
meanings provided in the Protective Covenants.
G-1
U �
be established by the amount, size and location of signage existing in
ARBOR CREEK BUSINESS CENTRE. This sign program shall be reviewed
by the Village and used in the regulation of signage in ARBOR CREEK
BUSINESS CENTRE for the balance of the construction, including all re-
signage for the subdivision. It is hereby understood that, notwithstanding
the following guidelines, every sign must be approved by the Village
Manager in writing pursuant to the Buffalo Grove Sign Code as set forth
above.
A. Guidelines For Corporate Identification Siznaze.
(Excluding Multi-Tenant Buildings)
1. One free standing ground sign shall be allowed per building.
2. Signs may be illuminated (internally or by direct ground
mounted illumination) or non-illuminated.
3. The size, shape and color of the sign shall be in aesthetic
balance with the size of the sign, the street frontage of the
Parcel to which it relates, the size and nature of the building
and other improvements, and the surrounding properties.
4. The height of the sign should be predetermined so that the
center line of the main panel is always at the optimum viewing
height for a person seated in an automobile. In no event shall
the height of a free standing sign exceed ten feet measured
from curb elevation.
5. No sign shall be located in street right-of-way, but may be
located in any front or side yard area that does not obstruct
the sight lines at a street or driveway intersection, as deter-
mined by the Village Engineer using Traffic Engineering
Standards. No sign shall be located in a manner that will block
or detract from signs located on adjacent property.
6. The base of the sign must be landscaped.
7. The corporate name, type of business, street address, logo, or
corporate graphics may appear on the sign. No sign or
Industrial cut-out letters shall be placed on or affixed to the
exterior of the building.
8. Flashing, animated, moving, inappropriately colored, roof,
canopy or marquee signs are prohibited.
9. No signs shall be located outside the boundaries of any Parcel.
G-2
10. All signs shall comply with the construction standards
established from time to time by the Village of Buffalo Grove.
11. All signs shall be maintained in a safe and presentable
condition at all times, including replacement of defective
parts, painting, repainting, cleaning and any other necessary
maintenance acts.
B. Guidelines For Informational/Directional Signs. -
1. Messages or symbols to inform, direct or control shall appear
on Informational/directional signs. Advertising shall be pro-
hibited.
2. Informational/directonal signs shall not be limited as to
number, but shall be allowed as required for sensible control of
traffic to, from and around the Parcel. All signage with
respect to each Parcel should be uniform as to material, color
and shape.
3. Free standing ground signs only permitted. Usually these signs
are small in size and low to the ground.
4. Signs may be illuminated (internally or by direct ground
mounted illumination) on non-illuminated.
5. All letteringshould be Helvetica Medium upper
pper case or lower
case.
6. Colors should be harmonious with surroundings.
7. No sign shall be located in a street right-of-way, but may be
located anywhere within property line, so long as it does not
obstruct the sight lines at a street or driveway intersection, as
determined by the Village Engineer using Traffic Engineering
Standards.
8. Flashing, animated, moving, inappropriately colored, roof,
canopy or marquee signs are prohibited.
9. No signs shall be located outside the boundaries of any Parcel.
10. All signs shall comply with the construction standards
established from time to time by the Village.
11. All signs shall be maintained in a safe and presentable
condition at all times, including replacement of defective
parts, painting, repainting, cleaning and any other necessary
maintenance acts.
G-3
C. Guidelines For Sinage For Multi-tenant Buildings.
1. It is acknowledged that multi-tenant buildings present some
unique challenges to effective sign control while still allowing
aesthetic variety and reasonable identity for a corporate
tenant.
2. Multi-tenant buildings occupied by two or more tenants shall
meet the same standards for corporate identification signage
and informational/directional signage as outlined in paragraphs
A and B above, with the following exceptions:
a) An owner of a multi-tenant building may establish,
subject to the approval of the Developer and the Village
Manager, a Uniform Signage Package for the proposed
project which is compatible and harmonious with the
architectural scheme of the development, and also be in
general compliance with the intent of ARBOR CREEK
BUSINESS CENTRE Signage Guidelines, but also allows
some minor variances to meet the unique needs of a
multi-tenant facility.
b) All signage in a multi-tenant property should be uni-
form as to color of sign frame system, if any, shape,
size and placement. The main panel of the corporate
identity sign may be of uniform color and have stand-
ardized lettering, or may allow for individualized colors
and corporate logos and graphics.
c) A simple, single line with uniform lettering not to
exceed 5 inches in height may be affixed or placed on
the exterior of a loading dock door or service area
designating the name of the individual tenant being
serviced.
D. Temporary Signs.
1. All construction signs, signs for sale, lease and development,
and subdivision signs shall be submitted to the Developer and
the Village Manager for prior written approval before instal-
lation. Construction signage shall be removed immediately
following building completion. Lease and development signs
shall be removed once all buildings have been constructed and
are 90% initially occupied as determined by square footage.
Extensions may be granted by the Village Manager.
G-4
. Y �
4'
1
E. Entrance Monument.
1. ARBOR CREEK BUSINESS CENTRE shall be permitted to
construct entryway signs to be located in parcels "X," "Y," and
"Z" as designated on the Plat of Subdivision. The design for
such signs shall be approved by the Village. Reference to the
Village of Buffalo Grove shall be denoted on the sign face.
G-5
2�3292$
28. Special Conditions.
�.• A. Variations to Village Ordinances as described in EXHIBIT F are
hereby granted.
B. There shall be a 35 foot building setback line provided along all
public streets.
C. Any loading dock doors facing onto Barclay Boulevard shall be set
back at least 100 feet from the Property line. Area for vehicle maneuvering to
access said loading docks shall be provided on-site.
D. A 16" D.I.W.M. shall be constructed along the Aptakisic Road
frontage.
E. If after completion and formal acceptance by the Corporate
Authorities of the public improvements, Owner identifies and the Village approves
` a not for profit organization or entity (including the Village) to assume
�— responsibility pursuant to a lease or other agreement approved by the Corporate
Authorities for maintaining the wetland area (parcels A, B-1, B-2, D, E, F, G and
W) in accordance with the Protective Covenants and Army Corps permit, Owner shall
convey title to said wetland area to the Village and the Village shall accept
such conveyance.
F. All construction traffic shall enter and exit the Property from
Aptakisic Road.
G. No access shall be allowed to Aptakisic Road from Lots 1 and 4 and '
the first Plat of Subdivision shall so indicate.
29 Trustee Exculpation. This Agreement is executed by Citizens Bank and
Trust Company, as Trustee under a Trust Agreement dated March 2, 1984 and known
as Trust Number 66-5139, and by LaSalle National Bank, as Trustee under a Trust
Agreement dated June 27, 1986 and known as Trust Number 111260, not personally,
but in the exercise of the power and authority conferred and vested in said banks
as such trustees (and said banks hereby warrant that they possess full power and
Iy
. 2�3�928
authority to execute this Agreement) , and is expressly understood and agreed that
nothing contained in this Agreement shall be construed as creating any liability
on said banks, in each of their respective capacities as Trustee, personally to
comply with the terms of this Agreement, except for a failure to act when or as
directed (it being understood and agreed that each of the provisions of this
Agreement, except the warranties contained in this exculpation clause, shall
constitute a condition and not a covenant or agreement, regardless of whether the
same may be couched in language of covenant or agreement) , all such liability, if
any, being expressly waived by the Village, by Developer and by every person now
or hereafter claiming any right under this Agreement. It is hereby agreed among
the Village and Developer and by Owner and their respective beneficiaries that
each of said banks shall be permitted to attach the form of exculpation
customarily used by them to all documents, agreements, instruments, or other
writings executed by either of them.
IN WITNESS WHEREOF, the Corporate Authorities, Owner and Developer have
caused this instrument to be executed by the respective officials or officers
duly authorized to execute the same on the day and the year first above written.
VILLAGE OF BUFFALO GROVE
VERNA L. CLAYTON, Village Pre 'dent
ATTEST:
4
Villags-JClekk r
s� V
17
2532928
CITIZENS BANK & TRUST COMPANY, as
Trustee under a Trust Agreement dated
March 2, 1984 and known as Trust
No. 66-1539
ATTEST:
+'y LaSALLE NATIONAL BANK, as Trustee under
7
a Trust Ag ment ed June 27, 1986
and known as Tr o. 111260
ATT'-k31: ✓.
?��+��✓ , �.; KLEFSTAD COMPANIES, INC.
Bruce Klefstad, President
SECREW RY
Ll
a �
18
KLEFSTAD PROPERTY 2v2p,2g
(Arbor Creek Business Centre) JJ�G
A tract of land in Section 27, Township 43 North, Range 11 East of the
Third Principal Meridian, Lake County, Illinois, bounded and described
as follows: Beginning at the Southwest corner of Lot 1 in Tripp's
Subdivision of part of Section 26 and 27 in said Township 43 North,
Range 11 East of the Third Principal Meridian; thence North 7°46'34"
East along the West line of said Lot 1 a distance of 469.61 feet to
an intersection with the South line of the North 112 of said Section
27; thence North 89034'50" West along the South line of the North 112
of said Section 27 a distance of 1408.81 feet; thence North 7°46'34"
East along a line parallel with the West line of said Lot 1 a distance
of 2566.10 feet to a point in the Northerly line Long Grove-Aptakisic
Road (State Aid Route 33) as per Document No. 598700 recorded August 24,
1946; thence South 80034'00" East along said Northerly line of Long Grove-
Aptakisic Road a distance of 650.0 feet (Record) to the West line of
Lincolnshire Corporate Center as per Document No. 2102385; thence South
7031 '38" West along the West line of said Lincolnshire Corporate Center
a distance of 40.015 feet to the center line of said Long Grove-Aptakisic
Road; thence South 80034'00" East along the center line of said Long
Grove-Aptakisic Road a distance of 130.0 feet to the East line of said
Lincolnshire Corporate Center; thence North 7°31 '38" East along the East
line of said Lincolnshire Corporate Center a distance of 40.015 feet to
the Northerly line of said Long Grove-Aptakisic Road; thence South
80034'00" East along the Northerly line of said Long Grove- Aptakisic
Road a distance of 617.80 feet to an intersection with the Northerly
extension of the West line of said Lot 1; thence South 7046134" West
along said Northerly extension of the West line of Lot 1 a distance
of 1347.96 feet to the Northwest corner of said Lot 1; thence South
89030139" East along the North line of said Lot 1 a distance of
615.28 feet; thence South 15*19135" East a distance of 540.65 feet;
thence South 18°28'43" East a distance of 399.83 feet; thence South
16056'08" East a distance of 359.78 feet; thence South 12009'08"
East a distance of 150.00 feet; thence South 1043131" East a distance
of 144.67 feet to a point on the South line of said Lot 1; thence North
85053'43" West along the South line of said Lot 1 a distance of 1227.46
feet to the point of beginning.
532928
EXHIBIT A
a �
EXHIBIT F
ARBOR CREEK BUSINESS CENTRE
Village Ordinance Variations
Zoning Ordinances:
Variations from the first three zoning ordinances described below are
granted for Lots 1, 9 and 13* in Arbor Creek Business Centre by
reason of the unique nature of the uses of the property surrounding the'
proposed Arbor Creek Business Centre. The majority of the property
on the northeastern and southwestern borders of Arbor Creek Business
Centre is currently being used for long-standing commercial purposes,
although it is zoned for residential purposes (SE - Suburban Estate or
SR - Suburban Residential) under unincorporated Lake County's zoning
ordinance. Circumstances indicate that the commercial use located to
the east of Lot 1, a sand, gravel and rock quarry, will remain during
the near future. In addition, the property to the west of Lots 9 and 13
is presently the subject of a request for annexation and rezoning to the
Village's Industrial District (Corporate Grove West). Furthermore, the
Village's comprehensive plan contemplates future annexation of Arbor
Creek Business Centre and all surrounding properties and rezoning
them to the Village's I (Industrial) District zoning classification.
Accordingly, a strict application of the three zoning ordinances de-
scribed below would result in undue hardship for the owners of Lots 1,
9 and 13. The three variations are not granted for the limited area
(described below) on the eastern border of Lot 1 where a residence
currently exists, nor are they required or granted for the balance of
the Lots located to the east of Barclay Boulevard, as the easternmost
boundaries of individual lot lines will be located more than 100 feet
from the SE zoned areas by reason of the intervening detention areas.
1. Requirement: Section 17.48.020.F.5.c. requires 30 feet be-
tween a lot line and any parking facility located
in a yard adjoining a residential district.
Variation: Waiver of the requirement with respect to those
boundaries of Lots 1 (eastern boundary), 9
(western boundary) and 13 (western boundary)
adjacent to the SE and SR zoned Lake County
district other than that portion of Lot 1 adjacent
to tax PIN 15-27-200-019 (approximately north
350 feet of the eastern boundary).
* All Lot designations refer to the Preliminary Plan (Exhibit D).
F-1
( Rationale: As described above, normal I (Industrial) District
4 requirements should be applicable to Lots 1, 9
and 13, as the adjacent property, although zoned
residential under Lake County's ordinances, is
not currently being used for residential purposes
and is not expected to be used for residential
purposes.
2. Requirement: Section 17.48.020.F.6.a. requires a 60 foot build-
ing setback for lots abutting a residential
district.
Variation: Reduction to normal I (Industrial) District
requirement of 15 feet with respect to the
boundaries of Lots 1, 9 and 13 adjacent to a
residentially zoned district, other than that por-
tion of Lot 1 adjacent to PIN: 15-27-200-019
(approximately north 350 feet of the eastern
boundary).
Rationale: As described above, the property adjacent to
Lots 1, 9 and 13 is not currently being used for
residential purposes and is not expected to be so
used in the future.
3. Requirement: Section 17.48.020.F.6.b. requires a solid wall,
fence or hedge not less than six feet in height to
be located immediately adjacent to a residential
district.
Variation: Waiver of requirement with respect to the south
160 feet of the eastern boundary of Lot i and
the western boundaries of Lots 9 and 13. No
waiver is requested for that portion of Lot 1
adjacent to PIN: 15-27-200-019 (approximately
north 350 feet of the eastern boundary).
Rationale: As described above, the property adjacent to
Lots 1, 9 and 13 is not currently being used for
residential purposes and is not expected to be so
used in the future.
4. Requirement: Section 17.48.020.E. requires a minimum
frontage of 100 feet for all lots located within
an I (Industrial) zoned district.
Variation: Reduction of requirement to not less than 50
feet for Lots 1, 4, 5, 6 and 7, provided an out-lot
�, F-2
detention basin with frontage of at least 50 feet
is positioned between any two of such lots.
Rationale: Detention basins will be required to adequately
manage storm water drainage and detention for
all lots in the Property, including Lots-1, 4, 5, 6
and 7. For topographical reasons unique to the
Arbor Creek Business Centre, wet ponds H, J and
K have been created to retain storm water. The
size of wet ponds is dictated by the surface area
to be drained and the topography of the site
drainage. These wet ponds have been designated
as separate lots to be owned by the association
rather than detention basins contained within the
private lots, as they are more likely to be well
maintained by the association than by individual
lot owners and should be viewed as an aesthetic
amenity for Arbor Creek Business Centre as a
whole. Because of the size required and the
need to locate ponds H, J and K along the length
of Barclay Boulevard, Lots 1, 4, 5, 6 and 7 have
been designed with less than 100 feet of frontage
on Barclay Boulevard, although none has less
than 50 feet of street frontage. Despite the
narrow frontage for Lots 1, 4, 5, 6 and 7, the lots
themselves range in size from approximately
2.97 acres to 6.79 acres and, by reason of the
fact that out-lots H, J and K will be attractively
landscaped, the buildable lots will appear to have
frontages far in excess of the 100 feet required
by the ordinance. A reconfiguration of out-lots
H, J and K would only be reasonably possible if
separated into smaller, more scattered detention
basins, but which would be likely to encompass
more surface area, thereby having the effect of
greatly reducing the useable area of Lots 1, 4, 5,
6 and 7. As designed, the wet ponds H, J and K
will become a visually attractive foreground to
the buildings that will eventually be built on Lots
1, 4, 5, 6 and 7, some of which may be located
immediately behind the wet ponds, thereby
enhancing the illusion that the ponds are a part
of the building lots themselves.
Development Ordinance:
5. Requirement: 16.50.030.D.17.b requires (i) all open channels
within 150 feet of the development to be
F-3
improved with maximum slopes of 6 to 1
horizontal to vertical, (ii) an 8 foot wide
bituminous concrete pathway suitable for use by
maintenance vehicles to be located within an
easement running along an open channel and (iii)
underdrains along the flowline of all open
channels.
Variation: Waiver of these requirements, except that a
15 foot easement for the maintenance vehicle
pathway shall be granted, which easement will
be used for both maintenance vehicles and the
bike path easement described at paragraph 10
below.
Rationale: Arbor Creek Business Centre has the unique
characteristic of having natural wetlands dis-
persed along the creek that are located within
Lots A, B, D, E, F, G and W. The slopes on the
only open channels in the development (located
in Lot W) have been engineered by the
developer's engineer and wetland's consultant to
satisfy IDOT and U.S. Army Corps of Engineers
requirements with respect to storm water capa-
city, water flow and wetlands vegetation and
1... habitat preservation and meet the Village's staff
approval. Similarly, underdrains are incom-
patible (as discusssed in paragraph 6 below) with
the wetlands preservation requirements imposed
by the U. S. Army Corps of Engineers with
respect to Lots G and W. A separate main-
tenance pathway would unnecessarily duplicate
the bike path easement contemplated in para-
graph 10 below.
6. Requirement: Section 16.50.040.C.3. requires detention facili-
ties to be designed so that the cross slope is at
least two percent and the bottom of the facility
is provided with an underdrain.
Variation: No cross slope minimums and no underdrains to
be required for detention basins A, B, D, E and F
and wetlands areas G and W and cross slope
minimum of at least one percent with no under-
drains for detention basins C, H, J and K.
Rationale: Detention basins A, B, D, E and F and wetlands's
areas G and W will be constructed, in accordance
F-4
with U.S. Army Corps of Engineer permit re-
quirements, in a manner designed to retain and
relocate naturally vegetated wetlands. In order
to be compatible with wetlands vegetation and
habitats, the bottoms of these ponds must be •
level and must not contain underdrains. Other-
wise, the last 5-6 inches of water will not
evaporate naturally, but will be drained away. In
order to maintain detention basins C, H, J and K
as permanent wet ponds, they cannot be provided
with underdrains nor is it required or feasible to '
provide a two percent cross slope as the purpose
of the slope is to permit drainage. These per-
manent wet ponds will be landscaped and will be
maintained by a private association as an
amenity to the Arbor Creek Business Centre.
7. Requirement: Section 16.50.040.C.4. requires (i) all 2:1 sloped
areas of any permanent ponds to be covered with
a layer of natural stones having a minimum
diameter of 18 inches, (ii) the minimum pond
bottom elevation to be 15 feet below normal
water level, and (iii) aeration equipment.
Variation: (i) Approval to use enkamat on the 2:1 sloped
( areas and no materials other than approved wet-
lands vegetation for the wet ponds A and F
located in the wetlands areas.
i
Rationale: (i) The ordinance is intended to prevent the use
of rocks large enough for children to pick up and
to prevent them from being dislodged by weather
conditions. The requested material is very dif-
ficult to obtain and unnecessarily expensive and
the proposed material serves the intended
purposes. With respect to the permanent ponds
to be located in Lots A and F, wetlands restora-
tion and preservation plans approved by the U. S.
Army Corps of Engineers do not permit the use
of stones.
Variation: (ii) Minimum pond bottom elevations eight feet
below normal water level with respect to wet
ponds C, H, J and K.
Rationale: (ii) The extra capacity to be provided by 15 foot
deep ponds are not required for Arbor Creek
Business Centre, as larger, but shallower ponds
F-5
have been designed to enhance the aesthetic
appearance of the development. Furthermore,
additional water storage capacity is provided
throughout the lots comprising the wetlands area
(A, B, D, E, F, G and W) which comprise approxi-
mately 25 acres of the total of approximately
111.235 acres contained in Arbor Creek Business
Centre.
Variation: (iii) No aeration equipment.
Rationale: (iii) Such equipment not be required as Lots C,
H, J and K will be owned by an owner's associa-
tion and will be privately maintained through the
association. Aeration equipment for ponds A and
F would also be inconsistent with the wetlands
restoration and preservation plans approved by
the U.S. Army Corps of Engineers.
8. Requirement: Section 16.50.070.D.2: requires pavement widths
for streets within industrial zoned developments
to be 47 feet measured from the back of a curb
to the back of the other curb and requires a
minimum right-of-way width of 80 feet.
Variation: Street pavement widths from the back of the
curb to the back of the other curb of 39 feet for
both Barclay Boulevard and Asbury Street and a
60 foot right-of-way for Asbury Street. No
variation is granted with respect to the
dedicated right of way for Barclay Boulevard.
Rationale: As no on-street parking will be permitted on
either street, according to the Village staff, the
additional pavement width will not be required
and the increased green area between the pave-
ment and the edge of the right-of-way will
enhance the park-like atmosphere of the
development as a whole. Barclay Boulevard to
the south of Arbor Creek Business Centre has
been constructed using the same standards
granted here.
9. Requirement: Section 16.50.080.A.1. requires construction of
concrete sidewalks along both sides of all public
streets.
F-6
U ! �
Variation: Sidewalks to be built only on one side of Barclay
Boulevard and Asbury Street. Such sidewalks
will be constructed by each private lot owner as
improvements are constructed on each lot, but in
all events such sidewalks shall be constructed no
later than a date which is 5 years from the date
of annexation of the Property. Funds or other
security for the construction of sidewalks on the
south side of Aptakisic Road will be posted and
construction will occur only after the final work,
relating to the widening and improving of
Aptakisic Road has been completed.
Rationale: The variations will require construction only in
connection with actual improvements, thereby
preventing the unnecessary and possibly duplica-
tive expense involved in constructing sidewalks
that may be damaged during road improvement
work or building construction. However, an
outside time limit on when the sidewalks are to
be completed will assure that there is a con-
tinuous sidewalk through the Property at some
certain date. When completed, sidewalks
located on one side of the street should
adequately accomodate any expected pedestrian
traffic.
10. Requirement: Section 16.50.090 requires construction of a bike
path.
Variation: Developer will provide an easement and all
necessary grading and berming for a bike path
adjacent to Lot W, but the requirement to pave
the bike path will be waived until and unless
Developer sells lots comprising at least 66% of
the total number of square feet contained in
Lots 1 through 27 (as depicted on the final Plat
of Subdivision within 3 calendar years after the
date of recording of the Plat of Subdivision.
Rationale: Paving of a bike path through Arbor Creek
Business Centre at a time when it will not be a
part of an overall bike path system would appear
to create an unnecessary expense, as the bike
path would neither begin nor end near any resi-
dential subdivision or any other similar area
likely to generate bicyclists, by reason of the
fact that complete variations, except for the
F-7
r
�}�n'a.�.4 P` •�1I
IV vcs_a_�_
requirement of granting an easement, have been
granted to the developer of Corporate Grove and
Corporate Grove West. Moreover, the developer
will, if the conditions stated above, are met,
pave the bike path. If the conditions stated
above are not met, then at such time as it
becomes feasible for the Village to pave a
bicycle path through Arbor Creek Business
Centre and other adjoining developments, the
easement to be provided by the developer will be
available for use by the Village and all of.the
necessary grading and berming will be in place.
11. Requirement: Section 16.50.120.I.1.e. requires trees planted
within the development be separated by not less
than 40 feet.
Variation: Planting of trees and other landscape materials
in groupings similar to concept landscape plans
submitted (Exhibits E-1 to E-4).
Rationale: The ordinance is intended to provide tree-lined
streets for residential areas. This purpose would
not appear well served if applied to a corpo-
rate/industrial park in the nature of Arbor Creek
Business Centre, where more natural grouped
plantings will enhance the park-like atmosphere
of the development.
12. Requirement: Section 16.50.120.D.1. requires sodding of all
dedicated street areas, public areas and swails
draining more than two lots.
J
Variation: Some seeding or other transplanted plant
materials to be allowed rather than sodding.
Rationale: In order to meet the U.S. Army Corps of
Engineers' permit requirement that certain types
of wetlands be maintained, the variance is
needed to allow seeding of detention basins A, B,
D, E, F, G and W with natural wetlands vegeta-
tion other than grass or transplanting of
materials already located within the wetlands
areas so that the land may return or continue to
exist in its natural state. Wetlands vegetation is
well suited to controlling erosion, which is one
purpose of the requirement under the Village
Ordinance. In addition, maintaining and pre-
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r serving areas of natural wetlands in an ever
�✓ developing Chicago metropolitan area should be
viewed as an amenity to the development as a
whole and to the Village.
a
Flood Plain Ordinance:
13. Requirement: Section 18.040.020 permits development in a
flood plain area only by permit.
Variation: A permit to be granted to permit development'
within the Zone C flood plain or floodway.
Rationale: The engineering plans for Arbor Creek Business
Centre have been developed with the intent to
confine anticipated storm waters within rede-
fined flood plain boundaries. These plans have
been approved by IDOT and the U.S. Army Corps
of Engineers and have also been discussed with k
the Federal Emergency Management Agency
("FEMA"). The variation is only required during
during the limited time period required to await
action by FEMA on a planned application for a
letter of map revision permanently removing
certain portions of the development from the
FEMA designated Zone C flood plain or
floodway. The letter of map revision will, if
ultimately granted, render the variance unneces-
sary. However, until such time as it is granted
by FEMA (a process that can take as long as one
year), the variance is required.
Summary: _
The variations requested with respect to Arbor Creek Business Centre
can be grouped into three major categories:
1. Those required by reason of the unique Lake County zoning
applicable to the property to the east and west, which is largely
inconsistent with the actual uses and the Village's comprehensive
plan designations (e.g., variation requests 1, 2 and 3);
2. Those required to satisfy the Army Corps of Engineers wetlands
permit and the Illinois Department of Transportation floodway
permit requirements (e.g., variation requests 5, 6, 7 12 and 13);
and
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( 3. Those consistent with similar existing or proposed developments
(e.g., variation requests 7(i), 7(iii), 8, 9, 10 and 11).
The only remaining variation (request 4, relating to minimum frontage
for lots) is unique to the design of Arbor Creek Business Centre and, if
not granted, would require either separation of detention ponds H, J
and H into smaller, less efficient and less visually attractive dry bot-
tom detention areas or the creation of lots larger than the planned
2.97 to 6.79 (approximate) acre size lots, thereby rendering the lots
largely unsalable. The visual impact of the development, based on the
limited nature of the variation, will not be any less attractive than if '
the required 100 foot lot widths were utilized.
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