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1989-072 "OFFICIAL BUSINESS VILLAGE OF BUFFALO GROVE" 9/28/89 ORDINANCE NO. 89-__12 AN ORDINANCE APPROVING A PRELIMINARY PLAN AND PLANNED UNIT DEVELOPMENT IN THE B-4 BUSINESS SERVICES AND WHOLESALE DISTRICT (Arlington Toyota. 935 West Dundee Road) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Property legally described in EXHIBIT A hereto is zoned in the B-4 (Business Services and Wholesale) District and is occupied by an automobile dealership and related service operations; and, WHEREAS, the Village has received a petition from Arlington Toyota, Inc. (hereinafter referred to as the "Developer") for approval of a Preliminary Plan dated September 21, 1989 (revised) attached hereto as EXHIBIT B and a Planned Unit Development to construct a building addition for use as a service department and parts facility, and to construct a building for use as a vehicle body repair shop; and, WHEREAS, proper and due notice of the public hearing concerning the Preliminary Plan and Planned Unit Development was given and the public hearing was held; and, WHEREAS, the President and Board of Trustees (sometimes hereinafter referred to as the "Corporate Authorities") after due and careful consid- eration have concluded that the 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. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: 1. Applicable Law. This Ordinance is made pursuant to and in accor- dance with the Village's Zoning Ordinance, Development Ordinance, and the 1 Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. 2. Approval of the Planned Unit Development and Preliminary Plan. The Corporate Authorities hereby adopt a proper, valid, and binding ordinance approving a Planned Unit Development in the B-4 District and approving the Preliminary Plan attached hereto as EXHIBIT B. Said zoning is conditioned on the development of the Property in accordance with EXHIBIT B. 3. Compliance with Apelicable 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 subdivi- sion of land adopted after the date of this Ordinance shall not be arbitrari- ly or discriminatorily applied to the Property, but shall be equally applica- ble 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 the development of the Property pursuant to the Preliminary Plan. 4. Amendment of Plan. If the Developer desires to make changes in 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 2 of any change in the Preliminary Plan. The Village Manager is hereby au- thorized 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. 5. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the review by 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 to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Preliminary Plan dated September 21, 1989 (revised) by Jaydos and Associates EXHIBIT C Conceptual Landscape Plan dated August 2, 1989 by R.V. Coppolino Associates EXHIBIT D Building elevations, Sheet A-3 and Sheet A-B-1, dated September 21, 1989 (revised) by Jaydos and Associates 6. Facilitation of Development. Time is of the essence of this Ordinance, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the suc- cessful consummation of this Ordinance and the development of the Property is in the best interests of all the parties and requires their continued coop- eration. 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 3 to facilitate the development of the Property, as contemplated by the pro- visions of this Ordinance. 7. Enforceability of the Ordinance. This Ordinance shall be enforce- able 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 hereof shall not affect any of the provisions contained herein. 8. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the Developer, and its successors and assigns. 9. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Author- ities are entering into this Ordinance in their official capacities as members of such group and shall have no personal liability in their individu- al capacities. 10. Special Conditions. A. A stop sign shall be installed on the Property at the west driveway exit to Old Arlington Heights Road. B. The two existing trees adjacent to the west side of the service shop shall, if possible, be saved and relocated to be adjacent to the west wall of the service building addition. 11. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 4 - Marienthal Glover Reid Shifrin NAYES: 0 - None ABSENT: 0 - None PASSED: October 2 1989 APPROVED: October 2 1989 4 APPROVED• Tz'-'- / 5��11 VERNA L. CLAYTON, Village Pre dent ATTEST: Villa Clerk This Document prepared by: William G. Raysa Mail to : 1140 Lake Street Oak Park, IL 60301 PIN: 03-08-101-025 5 EXHIBIT A LEGAL DESCRIPTION Arlington Toyota SUBJECT PROPERTY LEGAL DESCRIPTION:— That part of the West 112 of Section 8, Township 42 North, Range 11 East of the Third Principal Meridian, bounded by a line described as follows: Commencing at a point in the North line of the Northwest 114 of said Section 8, said point being 117.86 feet West of the North- east corner thereof, as measured along said North line which bears North 89° 25'40" West; thence South 00°03'37" West, 50.00 feet to a point in the South line of Dundee Road as dedicated per Document No. 21118215; thence North 89025'40" West, along said South line, 690.00 feet to the Northwest corner of Lot 1 in "Grand Spaulding Dodge," according to the plat thereof recorded December 17, 1976 as Document No. 23752075, and the point of beginning of the parcel to be described; thence South 00°03'37" West, along the West line of said Lot 1, a distance of 542.00 feet, thence Southwesterly and Northwesterly along a curved line, being the arc of a circle convex Southerly and having a radius of 430.00 feet, an arc distance of 456.44 feet (the chord of which arc bears North 84°41 '03" West and measures 435.31 feet) , to a point in the East line of Arlington Heights Road; thence North 00°03'37" East, along said East line 506.00 feet to its intersection with the South line of Dundee Road, afore- said; thence South 89125'40" East, along said South line, 433.50 feet to the point of beginning (excepting therefrom that part taken for Arlington Heights Road, as widened), in Cook County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 5.6-acre tract at the southeast corner of Dundee Road and Old Arlington Heights Road.