1987-044 ORDINANCE NO. 87- 44
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
(Hamilton Grove Park)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue
of the Illinois Constitution of 1970; and,
WHEREAS, in accordance with a Planned Development, the hereinafter
legally described real property was zoned in the Village of Buffalo
Grove by Ordinance No. 74-22-A dated November 23, 1974; and,
WHEREAS, a request has been made to rezone said property into the
0&R and B-1 Zoning Districts with a special use for a Planned Unit
Development; and,
WHEREAS, notices of public hearings for rezoning of said property
have been given and a public hearing was held:
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 Comprehensive Zoning Ordinance of the Village of
Buffalo Grove, Cook and Lake Counties, Illinois and Ordinance No.
74-22-A are hereby further amended by classifying the territory
described in the Planned Unit Development Agreement dated May 15, 1987,
attached as Exhibit "A", into the 0&R and B-1 Zoning Districts.
Section 2. The said zoning shall be and is subject to the
provisions of that Planned Unit Development Agreement dated May 15,
1987, which agreement is by reference made a part hereof.
Section 3. This Ordinance shall be in full force and effect on and
after its passage and approval. This Ordinance shall not be codified.
AYES: 4 - Marienthal, Reid, Shields, Shifrin
NAYES: 0 - None
ABSENT: 2 - Glover, Kowalski
PASSED: May 18, 1987 APPROVED: May 18, 1987
APPROV
VERNA L. CLAYTON, Village Presi nt
ATTEST:
X144�--
S
y
UtVl
Vil1W Clerk
5/18/87
FOURTH AMENDMENT TO PHOENIX P.U.D. ORDINANCE
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Agreement: Compliance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Compliance with A2plicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .4
6. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
7. Buildin _ Permit and ,,Engineering Consultant Fees. . . . . . . . . . . . . . .4
8. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
11. Develo er Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
13. Security for Public and Private Site Improvements. . . . . . . . . . . . .8
14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . .9
16. Declaration of Covenants, Conditions, and Restrictions. . . . . . . .9
17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
18. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
19. Bindina Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20. Cor orate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 10
21. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
22. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
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LOCATION PLAN
5/18/87
FOURTH AMENDMENT TO PHOENIX P.U.D. ORDINANCE
BUFFALO GROVE BUSINESS PARK EXPANSION - PHASE II
This agreement (hereinafter referred to as the "Agreement") made and
entered into this 18th day of May, 1987, by and between 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") , HAMLITON PARTNERS, A CORPORATION
(hereinafter referred to as "Developer") , and AMALGAMATED TRUST & SAVINGS
BANK as Trustee under a Trust Agreement known as Trust No. 2069 (hereinafter
referred to as "Owner") .
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
approximately 11.959 acres legally described and identified in the Plat of
Survey, which is attached hereto as EXHIBIT A, which exhibit is made a part
hereof (hereinafter referred to as the "Property") and which real estate is
within the corporate limits of the Village; and,
WHEREAS, Developer is the contract purchaser of the Property; and,
WHEREAS, the Village has received a petition to rezone the Property from
the R-9 Multiple Family Residential to the B-1 Business District (0.92 acre)
and to the 0&R Office and Research District (11.039 acres) ; and,
WHEREAS, Developer desires and proposes pursuant to the provisions and
regulations applicable to the B-1 and 0&R Districts of the Village Zoning
Ordinance to develop Property as a Business and Office Planned Unit Develop-
ment in accordance with and pursuant to a certain Preliminary Plan prepared
1
by Wilson/Jenkins and dated as last revised May 13, 1987 attached hereto and
made a part hereof as EXHIBIT C and also Preliminary Engineering Plan pre-
pared by Cowhey, Gudmundson, Leder, Ltd. and dated as last revised April 30,
1987 attached hereto and made a part hereof as EXHIBIT E (EXHIBITS C, D, and
E are hereinafter jointly referred to as the "Preliminary Development Plan") ,
and the Geometric Plan for Le Titi De Paris prepared by Cowhey, Gudmundson,
Leder Ltd. dated April 29, 1987, attached hereto and made a part hereof as
EXHIBIT F, and subject to all other exhibits attached hereto or incorporated
by reference herein; and,
WHEREAS, pursuant to due notice and advertisement in the manner provided
by law, the Plan Commission of the Village has held such public hearing
prescribed by law and made their recommendations with respect to the request-
ed zoning classification of the 0&R and B-1 Districts with a special use for
a Planned Unit Development; 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 bests interests of
the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree to as follows:
1. Applicable Law. This Agreement is made pursuant to and in accor-
dance with the provisions of Section 17.28.050 of the Village's Zoning
Ordinance and the Village's Home Rule powers. The preceding whereas clauses
are hereby made a part of this Agreement.
2. Agreement: Compliance and Validit . It is understood and agreed
that this Agreement in its entirety, shall be null, void and of no force and
2
effect unless property is validly zoned and classified in the 0&R and B-1
Districts with a special use for a Planned Unit Development, all as contem-
plated in this Agreement.
3. Enactment of Zonin Ordinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Business & Office
Planned Unit Development for the Property legally described on EXHIBIT A with
a special use for a Business & Office Planned Unit Development in the B-1
Business District and 0&R Office & Research District subject to the re-
strictions further contained herein and all applicable ordinances of the
Village of Buffalo Grove as amended from time to time. Said zoning shall be
further conditioned on the development of the Property in accordance with a
Preliminary Plan prepared by Wilson/Jenkins and dated May 13, 1987 (EXHIBIT
C) and the Preliminary Engineering Plan prepared by Cowhey, Gudmundson,
Ledger Ltd. and dated April 30, 1987 (EXHIBIT E) , the Preliminary Site Plan
dated May 13, 1987 (EXHIBIT D) and the Geometric Plan Le Titi De Paris
prepared by Cowhey, Gudmundson, Leder Ltd. dated April 29, 1987 (EXHIBIT F) .
4. A proval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBITS B, C, D, E & F) pursuant to the
provisions of the Development Ordinance and in addition agree to approve a
Plat of Subdivision 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 Property as submitted by the Developer provided that the plat or plats
shall:
(a) conform to the Preliminary Development Plan (EXHIBITS B, C, D, E. &
F) ; 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 G) as
amended from time to time.
3
5. Compliance with A licab e Ordinances. 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 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 pos-
sible. 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 Development Plan.
6. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
changes in the Preliminary Development 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 Author-
ities 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 Development 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.
7. 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
4
extent possible. In the event a conflict arises between the Developer and
the Village on any engineering and technical matters subject to this Ordi-
nance, 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 pay any
non-discriminatory new or additional fees hereinafter charged by the Village
to Developer or property within the Village.
8. 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 E are hereby approved by
the Village, however, it is understood that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. The
Developer further agrees to pay to the Village such fees in accordance with
the applicable Village Ordinances at the time of the issuance of the water
and sewer 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 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 Development Plan. Watermains serving the
Property and those approved as part of the development shall be installed by
the Developer and, except for service connections to the buildings, shall,
upon installation and acceptance by the Village through formal acceptance
action by the Corporate Authorities, be dedicated to the Village and become
apart of the Village water system maintained by the Village.
5
9. 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
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department or the Metropolitan Sanitary District for the collection of sewage
and to the Cook County Highway Department as may be appropriate. The Devel-
oper shall construct on-site and off-site sanitary sewers as may be necessary
to service the Property, as per EXHIBIT E, however, it is understood that
changes to the Preliminary Engineering 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 Author-
ities agree to operate and maintain such systems, except for sanitary sewer
service connections. The Developer agrees to accept any increase in sewer
rates and tap on fees, provided that such fees and rates are applied consis-
tently to all similar users in the Village to the extent possible.
B. The developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT
E, however, it is understood that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering. It is understood that all
detention and drainage facilities for this project will be installed on the
subject Property. Upon installation and acceptance by the Village through
formal acceptance action by the Corporate Authorities, the Corporate Author-
ities agree to operate and maintain that portion of the storm sewer system
which serves public streets, or multiple properties. The Developer or
successors agree to operate and maintain the balance of the system and the
storm sewer system located on the subject Property and shall record a
6
covenant to that effect within thirty (30) days of the recording of the Plat
of Subdivision.
10. Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots
to preserve drainage standards. The Developer shall install any storm sewers
and/or inlets which are required to eliminate standing water or conditions of
excess sogginess which may, in the opinion of the Village Engineer, be
detrimental to the growth and maintenance of lawn grasses.
11. 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 develop-
ment 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 and take such other action as may be necessary 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 Developer 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.
7
The Village shall be entitled to a five percent (5%) fee from any
amounts hereby recaptured as and for its collection efforts.
12. Payment of Recapture Fees Owed. Any amount of recapture, included
in Ordinance No. 83-51 required to be paid by this Property shall be due and
payable upon final platting of this development.
13. Security for Public and Private Site ITRzovements. Security for
public and private site improvements shall be provided in accordance with the
Development Ordinance, and the Development Improvement Agreement (EXHIBIT G)
as amended from time to time. Any letter of credit issued for such improve-
ments shall be drawn on a financial institution of net worth reasonably
satisfactory to the Village Attorney. The issuer may have an equitable or
lending interest in the Property provided that the letter of credit, either
by its own terms or by separate written assurances of the issuer, shall be
honored irrespective of that interest. The Village shall have the right to
draw up to the full amount of the letter of credit in order to complete, and
have formal acceptance of, all improvements secured by the letter of credit.
14. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearing held
before the Plan Commission and the Corporate Authorities prior to the exe-
cution of this Ordinance, are hereby incorporated by reference herein, made a
part hereof and designed as shown below. This Ordinance, 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 to the parties hereto.
EXHIBIT A Plat of Survey/Legal Description
EXHIBIT B Master Site Plan
EXHIBIT C Preliminary Site Plan
EXHIBIT D Preliminary Site Plan (Le Titi De Paris)
EXHIBIT E Preliminary Engineering Plan
EXHIBIT F Geometric Plan (Le Titi De Paris)
EXHIBIT G Development Improvement Agreement
8
15. Buildin _Landscapingand 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 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 as determined by the Village Manager.
16. Declaration of Covenants, Conditions, and Restrictions. The
Property shall be subject to a declaration of covenants, conditions and
restrictions ("Declaration") which shall include but not by way of limitation
a provision whereby the Village shall have the right, but not the obligation,
to enforce covenants or obligations of the association and/or the owners of
the units as defined and provided within the Declaration, and further shall
have the right, upon thirty (30) days prior written notice specifying the
nature of a 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
owners. The Village shall also have the right to charge or place a lien upon
the Property for the repayment of such costs and expenses, including reason-
able attorneys' fees in enforcing such obligations. The Declaration shall
further provide that this provision may not be amended without the prior
approval of the Village.
17. 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 in
the bests interests of all the parties requires their continued cooperation.
The Developer does hereby evidence his intention to fully comply with all
Village requirements, his willingness to discuss any matters of mutual
9
interest that may arise, and his 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.
18. 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 thereof shall not affect any of the provisions contained herein.
19. Binding Effect of Ordinance. This Ordinance shall be binding upon
the Property, the Developer, and its respective successors and assigns.
20. 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.
21. 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: Timothy Beechick
Hamilton Partners, Inc.
One Pierce Place
Itasca, Illinois 60143
Copy to: Peterson & Haupt
180 N. LaSalle
Suite 3400
Chicago, Illinois 60601
10
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, Illinois 60089
Copy to: William G. Raysa
Bloche, French & Raysa
1140 Lake Street
Suite 400
Oak Park, Illinois 60301
22. S2ecial Conditions.
A. The following variations are hereby granted from the Buffalo
Grove Development Ordinance.
1. Section 16.20.060.A.2. to delay detailed grading
submission and submit as each phase is completed.
2. Section 16.50.040.C.4. to allow use of Enkamat for pond
side treatments and the elimination of mechanical aera-
tion requirements.
3. Section 16.50.070.D.2. to permit a 40' pavement width and
60' right-of-way along Weidner Road.
4. Section 16.50.080.A. sidewalks only be required on one
side of Weidner Road.
B. The following variations are hereby granted from the Buffalo
Grove Zoning Ordinance.
1. Section 17.48.010.F.1. to allow 15' setbacks from
right-of-way to the parking lots along Weidner Road in
the O&R area.
2. Section 17.48.010.F.4. to allow parking at a 15' setback
along Weidner Road in the 0&R area.
3. Section 17.48. 101.F.l. to allow a 15' setback in the 0&R
area along Weidner Road.
11
C. All private streets shall be built to the Village pavement and
material standards.
D. Landscaping, architecture and detailed site planning for the
0&R District shall be submitted to the Plan Commission for their review and
approval prior to the platting of said zoning district.
E. Owner will pay for the local share costs of any traffic
signals which may be warranted and approved by the Village of Buffalo Grove
at the intersection of Lake-Cook and Weidner Roads.
F. The restaurant site will not have a drive-in window or related
carry out facility.
G. The Developer will protect the existing municipal irrigation
well by providing appropriate protection during construction, by means and
methods approved by the Village. In addition, the Developer will enclose,
screen and landscape Property around the well to insure architectural com-
patibility. The Developer will grant necessary easements to guarantee access
to the well and will bury all electrical connections.
23. This Ordinance shall be in full force and effect from and after its
passage and approval and after Developer purchases the Property. This
Ordinance shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED: APPROVED:
ATTEST: APPROVED:
Village Clerk VERNA L. CLAYTON
Village President
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