1987-073 11/23/87
ORDINANCE NO. 87-73
SIXTH AMENDMENT TO THE PHOENIX PLANNED UNIT
DEVELOPMENT ORDINANCE
BUFFALO GROVE BUSINESS PARK EXPANSION, PHASE II
(Zierk Home Furnishings, Inc.)
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, Hamilton Partners (hereinafter referred to as the "Developer")
is the developer of a certain tract of property comprising 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, real property described as Parcel B, consisting of 2.077 acres
(hereinafter referred to as "Parcel B") , is legally described on EXHIBIT A
attached hereto; and,
WHEREAS, said Property was zoned in the Village of Buffalo Grove by
Ordinance No. 74-22-A, dated November 25, 1974, which Ordinance was amended
by Ordinance No. 87-44, dated May 18, 1987, which zoned the Property as a
Planned Unit Development in the 0&R and B-1 Districts; and,
WHEREAS, the Village has received a petition for amendment of Ordinance
No. 87-44 (the Fourth Amendment to the Phoenix P.U.D. Ordinance) , requesting
rezoning of Parcel B to the B-3 Planned Business Center District, and
approval of a Preliminary Plan; and,
WHEREAS, the Developer proposes to construct a furniture store on Parcel
B of the Property pursuant to a site plan dated July 25, 1987 attached hereto
as EXHIBIT C & C-1 (as amended by attached EXHIBIT I, dated November 11,
1987) , and a Preliminary Engineering Plan dated August 28, 1987 (revised)
1
attached hereto as EXHIBIT D, (EXHIBITS C, C-1, I and D are hereinafter
referred to as the "Preliminary Plan") , and subject to all other exhibits
attached hereto or incorporated by reference herein; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations
pursuant to Chapter 17.28 and 17.44.040 of the Zoning Ordinance with respect
to the requested Preliminary Plan of Parcel B in the B-3 District, and
amendment of the Planned Unit Development Ordinance; and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the zoning and development of the Property
on the terms and conditions herein set forth would further enable the Village
to control the development of the area and would serve the best interests of
the Village; and,
WHEREAS, the President and Board of Trustees have determined that Zierk
Home Furnishings, Inc. owned by its current owners, would be a high-quality
development selling high value furniture goods, and would create favorable
aesthetic and fiscal effects for the Village while not requiring the amount
of parking or generating the traffic volume of other uses allowed in the B-3
District; and,
WHEREAS, the President and Board of Trustees of the Village (sometimes
hereinafter referred to as the "Corporate Authorities") do hereby find that
the evidence presented meets the requirements for approval of a Preliminary
Plan, rezoning, and amendment of a Planned Unit Development and for
variations to the Village's Development and Zoning Ordinances.
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
accordance with the Village's Zoning Ordinance and the Village's Home Rule
2
powers. The preceding whereas clauses are hereby made a part of this
Ordinance.
2. Enactment of Zonin& Ordinance. The Corporate Authorities hereby
adopt a proper, valid, and binding ordinance approving a Preliminary Plan,
rezoning Parcel B to the B-3 District, and amending the Planned Unit
Development for the property legally described on EXHIBIT A subject to the
restrictions further contained herein (including Sections 6B and 6C 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 Site Plan (EXHIBITS C, C-1, and I) and the
Preliminary Engineering Plan (EXHIBIT D) . The Village's Comprehensive Plan,
Zoning Ordinance, and Zoning Map are hereby amended in accordance with this
Ordinance.
3. Ap2roval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS C, C-1, I and D) pursuant to the provisions of the
Development Ordinance and in addition will approve a Plat upon submission by
the Developer of complete and proper materials as required for the issuance
of appropriate building and other permits based on final versions of the
plans and drawings of the development of the Property as submitted by the
Developer provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBITS C, C-1, I & D) , 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 H) as
amended from time to time.
4. Com liance with A22licable Ordinances. Development of the Property
shall comply with the provisions of Ordinance No. 87-44, except as amended
herein.
3
5. 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
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 Plat of Survey/Legal Description
EXHIBIT B Preliminary site plan (approved P.U.D.) by
Wilson/Jenkins, dated May 13, 1987
EXHIBIT C Preliminary site plan (amended P.U.D.) , Furniture
Store Scheme "B" by Wilson/Jenkins, dated July 25,
1987.
EXHIBIT C-1 Preliminary site plan (Zierk Furniture Store) by
Wilson/Jenkins, dated October 7, 1987.
EXHIBIT D Preliminary engineering plan by Cowhey, Gudmundson,
Leder, Ltd. , dated August 28, 1987 (revised)
EXHIBIT E Floor plan of Zierk Furniture Store by
Wilson/Jenkins no date (received August 27, 1987)
EXHIBIT F, Landscape plan (Sheets 1 and 2) by Theodore Brickman
F-1 Company, dated September 16, 1987
EXHIBIT G Partial elevation (Zierk Furniture Store) by
Wilson/Jenkins, no date
EXHIBIT G-1 Elevations (Zierk Furniture Store) by
Wilson/Jenkins, no date
EXHIBIT H Development Improvement Agreement
EXHIBIT I Revised Furniture Store site plan by Wilson/Jenkins,
dated November 11, 1987
EXHIBIT J Future Office/Service Center site plan by
Wilson/Jenkins, dated November 11, 1987
6. Special Conditions.
A. The following variation is hereby granted from the Buffalo
Grove Development Ordinance:
Section 16.50.040.C.4: To allow the use of Enkamat erosion control
matting as a side slope treatment for a stormwater detention facility.
B. Zierk Home Furnishings, Inc. is the only use allowed on Parcel
B. Upon cessation of the Zierk Home Furnishings, Inc. use (which is an entity
selling high-value and luxury furniture goods) , the zoning of Parcel B shall
4
revert to the 0&R zoning district. Said reversion shall take effect only
after an affirmative vote of a majority of the Corporate Authorities at an
open meeting after notice to the Developer and Zierk Home Furnishings, Inc. .
C. At the request of the Developer the Corporate Authorities may
consider other B-3 uses for Parcel B. In said determination, the Corporate
Authorities may require review by the Village's Plan Commission and public
hearings to amend this Ordinance.
D. Under 0&R zoning no more than 65 percent of the building's
floor area shall be used for office space. At least 35 percent of the
building shall be used for service or storage uses. The Developer shall
submit plans for approval by the Corporate Authorities demonstrating that
adequate parking will be provided for all office, service, and storage uses
on the site. Nothing in this Section shall be construed as final approval by
the Corporate Authorities of specific amounts of floor area for office,
service, or storage use. Attached EXHIBIT J is a conceptual drawing
indicating possible alternative use of the Property, and is not approved by
this Ordinance.
E. Zierk Home Furnishings, Inc. shall have a daily closing time
of no later than 9:00 P.M. Truck deliveries to or from the Zierk Store shall
only be between the hours of 8:00 A.M. and 9:00 P.M. No window advertising
or outdoor sales shall be allowed at the site.
F. Developer shall submit the Zierk Home Furnishings, Inc. lease
for review by the Village Attorney on a confidential basis. Said lease shall
be returned to the Developer after review.
G. Developer shall construct an 8-foot wide sidewalk along
Lake-Cook Road from Weidner Road to the eastern portion of the Hamilton
Partners Buffalo Grove Business Park Expansion. This shall be installed at
5
the time of the development of the Zierk Homes Furnishings, Inc. store, but
in any case, said sidewalk shall be completed no later than December 31,
1988. The 8 foot wide bikepath shall be constructed at the time of the
development of the 4-story office building, but in any case, said bikepath
shall be completed no later than December 31, 1988.
In addition, the developer shall participate in the construction of an
offsite bikepath/bridge between the eastern limits of the developer's
property to the western edge of Raupp Boulevard at Lake-Cook Road. The
developer shall pay 100 percent of the costs of a pedestrian/bicycle bridge,
and 50 percent of the cost of the offsite bikepath described above. In no
event shall the total contribution be more than $40,000. The Village shall
be responsible for the offsite construction and the developer shall pay his
proportionate share on May 1, 1989.
7. This Ordinance shall be in full force and effect from and after its
passage and approval. This ordinance shall not be codified.
AYES: 6 - Marienthal, Glover, Reid, Shields, Kowalski, Shifrin
NAYES: 0 - None
ABSENT: 0 - None
PASSED: November 23 1987
APPROVED: November 23 1987
APPROVED:
VERNA L. CLAYTON, Village P ident
ATTEST:
Vi e Clerk
6
EXHIBIT A
SIXTH AMENDMENT TO THE PHOENIX
PLANNED UNIT DEVELOPMENT ORDINANCE
SUBJECT PROPERTY LEGAL DESCRIPTION (P.U.D. TRACT) :
THAT PART OF THE EAST 1/2 OF THE SOUTHWEST 1/4 AND THAT PART OF THE
SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 11 , EAST OF THE
THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS, TOGETHER WITH THAT
PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION
5, TOWNSHIP 42 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN AND
THAT PART OF OUT LOT 'ZZ" IN STRATHMORE IN BUFFALO GROVE UNIT 1, BEING A
RESUBDIVISION OF CERTAIN LOTS AND VACATED STREETS IN ARLINGTON HILLS IN
BUFFALO GROVE, BEING A SUBDIVISION IN SECTIONS 5 AND 6 AND OF SUNDRY
TRACTS OF LAND IN THE WEST 1/2 OF SAID SECTION 5, ALL IN TOWNSHIP 42
NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT OF SAID STRATHMORE IN BUFFALO GROVE UNIT 1 , RECORDED MAY 3, 1967 AS
DOCUMENT NO. 20125932, IN COOK COUNTY, ILLINOIS, -DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST
1/4 OF SAID SECTION 32, 690.00 FEET, AS MEASURED ALONG SAID WEST LINE,
NORTH OF THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID
SECTION 32 (THE WEST LINE OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID
SECTION 32 HAVING AN ASSUMED BEARING OF NORTH 00 DEGREES 00 MINUTES 00
SECONDS EAST FOR THIS LEGAL DESCRIPTION) ; THE FOLLOWING TEN COURSES ARE
ALONG THE SOUTHERLY LINE OF THE LAND CONVEYED TO THE VILLAGE OF BUFFALO
GROVE BY DEED RECORDED APRIL. 29, 1977 - AS DOCUMENT NO. 1833466-, THENCE
NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST (DEED, NORTH 89 DEGREES 51
MINUTES 44 SECONDS EAST) ALONG A LINE AT RIGHT ANGLES TO THE WEST LINE OF
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, 50.00 FEEI : THENCE
NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST (DEED, NORTH 44 DEGREES 51
MINUTES 44 SECONDS EAST) , 120.00 FEET; THENCE NORTH 90 DEGREES 00 MINUTES
00 SECONDS EAST (DEED, NORTH 89 DEGREES 51 MINUTES 44 SECONDS EAST) ,
180.00 FEET ; THENCE NORTH 45 DEGREES 00 MINUTES 00 SECONDS EAST ([TEED.
NORTH 44 DEGREES 51 MINUTES 44 SECONDS EAST) , 90.00 FEEI ; IIIENCE COUIII 13
DEGREES 01 MINUTES 44 SECONDS EAST (DELD, SOUTH 73 DEGREES 10 H1NUILS 00
SECONDS EAST), 585.00 FEET; THENCE SOUTH 55 DEGREES Ol MINUTES 44 SECONDS
EAST (DEED, SOUTH 55 DEGREES 10 MINUTES 00 SECONDS EAST) , 330.00 FEET TO
THE MOST EASTERLY CORNER OF OUT LOT 'B" IN BUFFALO GROVE BUSINESS PARK
UNIT 7, BEING A SUBDIVISION IN THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 42
NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY,
ILLINOIS AND IN THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH, RANGE
11, -EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS,
ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 10, 1986 AS DOCUMENT NO.
2481053 IN LAKE COUNTY, ILLINOIS, SAID POINT BEING THE PLACE OF BEGINNING;
THENCE CONTINUING SOUTH 55 DEGREES 01 MINUTES 44 SECONDS EAST (DEED, SOUTH
55 DEGREES 10 MINUTES 00 SECONDS EAST) , 350.00 FEET; THENCE SOUTH 36
DEGREES 01 MINUTES 44 SECONDS EAST (DEED, SOUTH 36 DEGREES 10 MINUTES 00
SECONDS EAST) , 395.00 FEET; THENCE SOUTH 56 DEGREES 22 MINUTES 39 SECONDS
EAST (DEED, SOUTH 56 DEGREES 30 MINUTES 55 SECONDS EAST) , 656.72 FEET;
THENCE SOUTH 00 DEGREES 06 MINUTES 06 SECONDS WEST (DEED, SOUTH 00 DEGREES
02 MINUTES 10 SECONDS EAST) , 65. 12 FEET (DEED, 65.00 FEET) TO THE
NORTHERLY LINE OF RELOCATED LAKE-COOK ROAD, SAID NORTHERLY LINE BEING
50.00 FEET, AS MEASURED AT RIGHT ANGLES OR AS MEASURED RADIALLY, NORTHERLY
OF AND PARALLEL WITH OR CONCENTRIC WITH THE CENTER LINE OF SAID RELOCATED
LAKE-COOK ROAD; THENCE NORTH 89 DEGREES 53 MINUTES 54 SECONDS WEST ALONG
-2-
THE NORTHERLY LINE OF SAID RELOCATED LAKE-COOK ROAD, 508. 19 FEET TO A
POINT OF CURVATURE IN SAID NORTHERLY LINE, THENCE NORTHWESTERLY ALONG THE
NORTHERLY LINE OF SAID RELOCATED LAKE -COOK- ROAD, HEING A CURVED LINE
CONVEX SOUTHWESTERLY, HAVING A RADIUS OF 1382 .39 FEET AND BEING TANGENT TO
SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF
724.41 FEET TO THE EASTERLY LINE OF WEIDNER ROAD IN BUFFALO GROVE BUSINESS
PARK UNIT 6, BEING A RESUBDIVISION IN THE -NORTHWEST 1/4 OF SECTION 5,
TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31 , 1986 AS DOCUMENT NO.
86.120425, IN COOK COUNTY, ILLINOIS (THE CHORD OF SAID ARC BEARS NORTH 74
DEGREES 53 MINUTES 10 SECONDS WEST, 716. 15 FEET) ; THE FOLLOWING SIX
COURSES ARE ALONG THE EASTERLY LINE OF WEIDNER ROAD IN BUFFALO GROVE
BUSINESS PARK UNIT 6, AFORESAID, AND BUFFALO GROVE BUSINESS PARK UNIT 79
AFORESAID;
THENCE NORTH 12 DEGREES 48 MINUTES 58 SECONDS WEST, 13.70 FEET;
" NORTH 32 11 02 EAST, 139.42
NORTH 57 m48 058 aWEST, 10.00 ;
NORTH 32 a11 002 aEAST, 143.74
TO A POINT OF CURVATURE IN SAID LINE; THENCE NORTHEASTERLY, NORTHERLY AND
NORTHWESTERLY ALONG • SAID EASTERLY LI14E OF WEIDNER ROAD, BEING A CURVED
LINE CONVEX EASTERLY, HAVING A RADIUS OF 230.00 FEET AND BEING TANGENT TO
SAID LAST DESCRIBED LINE AT SAID LAST DESCRIBED POINT, AN ARC DISTANCE OF
350.09 FEET TO A POINT OF TANGENCY IN SAID LINE (THE CHORD OF SAID ARC
BEARS NORTH 11 DEGREES 25 MINUTES 21 SECONDS WEST, 317 .26 FEET) ; THENCE
NORTH 55 DEGREES 01 MINUTES 44 SECONDS WEST ALONG THE NORTHEASTERLY LINE
OF SAID WEIDNER ROAD, 63. 10 FEET TO THE SOUTHEASTERLY LINE OF OUT LOT -B-
IN B.;FFALO GROVE BUSINESS PARK 'UNIT 7 , AFORESAID; THENCE NORTH 34 DEGREES
58 MINUTES 16 SECONDS LAST ALONG SAID LAST DESCRIBED LINE, 190.00 FEET TO
THE PLACE OF BEGINNING.
SUBJECT PROPERTY LEGAL DESCRIPTION (REZONING FROM O&R TO B-3) :
PARCEL B
THAT PART OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 5, TOWNSHIP 42 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL l
MERIDIAN AND THAT PART OF OUT LOT "ZZ" IN STRATHMORE IN BUFFALO GROVE UNIT
1, BEING A RESUBDIVISION OF CERTAIN LOTS AND VACATED STREETS IN ARLINGTON
HILLS IN BUFFALO GROVE, BEING A SUBDIVISION IN SECTIONS 5 AND 6 AND OF
SUNDRY TRACTS OF LAND IN THE WEST 1/2 OF SAID. SECTION 5, ALL IN TOWNSHIP
42 NORTH, RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE
PLAT OF SAID STRATHMORE IN BUFFALO GROVE UNIT 1 , RECORDED MAY 3, 1967 AS
DOCUMENT NO. 20125932, DESCRIBED AS FOLLOWS: COlViENCING AT THE
INTERSECTION OF THE NORTHERLY LINE OF RELOCATED LAKE-COOK ROAD, SAID
NORTHERLY LINE BEING 50.00 FEET, AS MEASURED RADIALLY, NORTHERLY OF AND
CONCENTRIC WITH THE CENTER LINE OF SAID RELOCATED LAKE-COOK ROAD WITH THE
EASTERLY LINE OF WEIDNER ROAD IN BUFFALO GROVE BUSINESS PARK UNIT 6, BEING
A RESUBDIVISION IN THE NORTHWEST 1/4 OF SECTION 5, TOWNSHIP 42 NORTH,
RANGE 11 , EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MARCH 31 , 1986 AS DOCUMENT NO. 86-120425; THENCE
-3-
SOUTHEASTERLY ALONG THE NORTHERLY L114E OF SAID RELOCATED LAKE-COOK ROAD,
BEING A CURVED LINE CONVEX SOUTHdESTERLY A14D HAVING A RADIUS OF 1382.39
FEET, AN ARC DISTANCE OF 245.00 FEET TO A POINT FOR A PLACE OF BEGIt''NING
(THE CHORD OF SAID ARC BEARS SOUTH 64 DEGREES 57 MINUTES 04 SECONDS EAST, l
244.68 FEET) ;
THENCE NORTH 19 DEGREES 58 MINUTES 18 SECONDS EAST, 181 . 51 FEET;
• SOUTH 89 53 54 EAST, 365.96 ' ;
• SOUTH 00 ' 23 ' 54 ' EAST, 252 .43 "
TO A POINT CN THE NORTHERLY LINE OF RELOCATED LAKE-COCK ROAD, AFORESAID;
THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID RELOCATED LAKE-CCOK
ROAD, BEING A CURVED LINE CONVEX SOUTHWESTERLY AND HAVING A FaDIUS OF
1382.39 FEET, AN ARC DISTANCE OF 439.40 FEET TO THE PLACE OF BEGINNIN"
(THE CHORD OF SAID ARC BEARS NORTH 79 DEGREES 08 MINUTES 03 SECCNDS WEST,
437.55 FEET) , IN COOK COUNTY, ILLINOIS.
11/23/87
SIXTH AMENDMENT TO THE PHOENIX
PLANNED UNIT DEVELOPMENT ORDINANCE
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Enactment of, Zonina Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
3. Approval of Plats. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Compliance with AvElicable, Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .3
5. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Special Conditions. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
BUFFALO GROVE BUSINESS PARK EXPANSION
PLANNED UNIT DEVELOPMENT ORDINANCE (PHOENIX
SIXTH AMENDMENT) (Zierk Furniture Store)
tR 44
(R 4) (R 4) ` •x`i��rt•-
(R9)
R 4
R 9*
OaR" -
--,,i1 R 9
OaR13 ` �_ ..........t
2
P
.R
P
lR 6)
S&P a 00
.... _
.�..
(R 5)
�` SQ
.�- R A
la s)
SBP
LOCATION MAP
P.U.D. Site
Zierk Furniture Store Site