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1997-004 1/6/97 ORDINANCE 97 - 4 THE CORPORATE GROVE, LOTS 1-7 HIGHLAND PARK HOSPITAL HEALTH AND FITNESS CENTER AND EXTENDED STAY AMERICA HOTEL Southwest corner of Busch Parkway Milwaukee Avenue Ordinance approving a Special Use in the Industrial District for the Health and Fitness Center and Rezoning to the B-3 Planned Business Center District for the Extended Stay America Hotel WITNESSETH: 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, CGA Investment Co. (hereinafter referred to as the "Developer") is the developer of a certain tract of property (hereinafter referred to as the "Property") comprising 13.21 acres legally described and identified in the Legal Description, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof and which real estate is within the corporate limits of the Village;.and, WHEREAS, said Property is zoned in the Industrial District pursuant to the Buffalo Grove Zoning Ordinance and an Annexation Agreement dated May 7, 1984 approved by Ordinance 84-38; and 2 WHEREAS, the Village has received a petition from the Developer, and American National Bank and Trust Company of Chicago as Owner of the Property as trustee under Trust Agreement 56658, requesting approval of a Special Use in the Industrial District for a health and fitness center on Parcel A (6.65 acres), as legally described in EXHIBIT A-1 attached hereto, requesting rezoning of Parcel B (2.92 acres), as legally described in EXHIBIT A-2 attached hereto, to the B-3 Planned Business Center District for development of an Extended Stay America hotel, and requesting approval of Preliminary Plans for said developments on Parcel A and Parcel B, and; WHEREAS, Parcel A is proposed to be developed by the Power Hospital Fitness Group for the Highland Park Hospital Health and Fitness Center in accordance with and pursuant to a certain Preliminary Plan as prepared by Ohlson Lavoie Corporation and dated as last revised November 20 and 22, 1996 attached hereto as GROUP EXHIBIT D and incorporated herein, and also a Preliminary Engineering Plan prepared by Manhard Consulting, Ltd. and dated as last revised December 17, 1996 attached hereto as EXHIBIT C and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of Parcel A shall consist of a health and fitness center building of 61,600 gross square feet of floor area pursuant to GROUP EXHIBIT D and EXHIBITS C, E and F. WHEREAS, Parcel B is proposed to be developed by ESA Management, Inc. for an Extended Stay America hotel in accordance with and pursuant to a certain Preliminary Plan prepared by Casco Project Managers and dated as last revised November.25, 1996 attached hereto as GROUP EXHIBIT G and incorporated herein, and the Preliminary Engineering Plan (EXHIBIT C), and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of Parcel B shall consist of an 3 Extended Stay America hotel with 122 dwelling units in a three-story building pursuant to GROUP EXHIBIT G and EXHIBITS C, H and I. WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations pursuant to the requested Special Use for Parcel A, rezoning to the B-3 Planned Business Center District for Parcel B and approval of the Preliminary Plans for Parcels A and B; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the zoning and development of the Property on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereafter,,referred to as the "Corporate Authorities") do hereby find that the evidence presented meets the requirements for a Special Use on Parcel A and B-3 zoning on Parcel B. "M NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 1. Applicable Law. This Ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. 2. Enactment of Zoning Ordinance. The Corporate Authorities hereby adopt a proper, valid and binding ordinance, approving a Special Use for Parcel A of the Property and rezoning to the B-3 Planned Business Center District for Parcel B of the Property, subject to the conditions contained herein and in compliance with all applicable ordinances 4 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 the Preliminary Plans for Parcels A and B attached hereto as GROUP EXHIBITS D and G, respectively, and other exhibits attached hereto or incorporated by reference herein. 3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plans (GROUP EXHIBITS D and G and EXHIBIT C) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including plats of subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Developer provided that the Development Plan shall: (A) conform to the approved Preliminary Plans and Engineering Plan, 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 approved Development Improvement Agreement (EXHIBIT B) as amended from time to time. 4. Compliance with Applicable Ordinances. The Developer will comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Ordinance shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Developer, in the development of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 5 Notwithstanding the foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that the ordinances or regulations will prevent development of the Preliminary Plan approved herein. 5. Amendment of Plan. If the Developer desires to make changes in the Preliminary Plans, as herein approved, the parties agree that such changes in the Preliminary Plans will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Ordinance. The Corporate Authorities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Ordinance, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plans. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes - (A) involves a reduction of the area set aside for common open space; nor (B) increases by more than two percent (2%) the floor area proposed for nonresidential use; nor(C) increases by more than two percent (2%) the total ground area covered by buildings. 6. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Developer and the Village on any engineering and technical matters subject to this Ordinance, 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 the Village to Developer or property within the Village. 6 7. 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 be extent shown on EXHIBIT C are hereby approved by the Village. It is understood, however, 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 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 a part of the Village water system maintained by the Village. 8. 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.Department of Public Works for the collection of sewage and to the Lake County Division of Transportation as may be appropriate. The Developer shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per EXHIBIT C. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. Upon 7 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. 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 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 C. 'It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Developer agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 9. 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. 10. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT B) 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 8 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. 11. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Ordinance, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description - Lots 1-7, 13.21 acres EXHIBIT A-1 Legal Description - Parcel A, 6.65 acres EXHIBIT A-2 Legal Description - Parcel B, 2.92 acres EXHIBIT A-3 Legal Description - Parcel C, 3.65 acres EXHIBIT B Development Improvement Agreement EXHIBIT C Preliminary Engineering Plan dated as last revised December 17, 1996 by Manhard Consulting, Ltd. GROUP EXHIBIT D Highland Park Hospital Health and Fitness Center, Preliminary Plan (site plan), Sheet A100 dated as last revised January 2, 1997; Architectural Site Plan, Sheet A101 dated as last revised January 2, 1997; Main Level floor plan, Sheet A301 dated as last revised January 2, 1997; Upper Level floor plan, Sheet A302 dated as last revised January 2, 1997; Building Elevations, north and east, Sheet A401 dated as last revised January 2, 1997; Building Elevations, south and west, Sheet A402 dated as last revised January 2, 1997; by Ohlson Lavoie Corporation EXHIBIT E Highland Park Hospital Health and Fitness Center, color rendering (8%x11"), no date EXHIBIT F Health and Fitness Center Landscape Plan dated as last revised January 2, 1997 by ILT Vignocchi 9 GROUP EXHIBIT G Extended Stay America Hotel, Preliminary Plan (site layout) plan), Sheet C.1 dated as last revised November 25, 1996; Building plans - first floor, Sheet 2-1 dated as last revised October 14, 1996; Building plans - second and third floor, Sheet 2-2 dated as last revised October 14, 1996; Building elevations, Sheet 5-1 dated as last revised October 29, 1996; by Casco Project Managers EXHIBIT H Extended Stay America hotel, color rendering (8'/zx11"), no date EXHIBIT I Extended Stay America hotel Landscape Plan dated as last revised December 4, 1996 by ILT Vignocchi 12. Building, Landscaping and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas and are subject to approval by the Appearance Commission and the Corporate Authorities. Areas not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 13. 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 successful consummation of this Ordinance and the development of the Property is in the best interests of all the parties and requires their continued cooperation. The Developer does hereby evidence his intention to fully comply with all 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 intent to always cooperate in the resolution of mutual 10 problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Ordinance. 14. Enforceability of the Ordinance. This Ordinance 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 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. 15. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 16. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are enacting this Ordinance in their official capacities as members of such group and shall have no personal liability in their individual capacities. 17. 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: Robert G. Lamphere Van Vlissingen and Co. One Overlook Point Lincolnshire Corporate Center Lincolnshire, IL 60069 Copy to: John H. Mays, Esq. Gould and Ratner 222 North LaSalle Street Chicago, IL 60601 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 11 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, Suite 400 Oak Park, IL 60301 18. Special Conditions. A. The landscaped island in Busch Parkway adjacent to the Property as depicted on EXHIBIT C shall be modified as required by the Village to ensure safe sight distances for vehicular traffic. Said modifications shall be done in accordance with the Village's requirements, and shall be completed prior to the first certificate of occupancy for the Property. B. Modifications to Busch Parkway to provide a left-turn lane for westbound traffic entering the Property shall be done in accordance with the requirements of the Village and said modifications shall be made in compliance with the schedule determined by the Village. C. Developer shall provide easements on the Property as required by the Village to provide public ingress and egress easements to the Property and to provide emergency access to the parcel south of the Property. D. Approval of a plat of subdivision for any portion of the Property is r subject to approval of a declaration of covenants for the Property as approved by the Village. Notwithstanding Paragraph 18.J. of this Ordinance, said declaration shall include, but not by way of limitation, provisions for maintenance of roadways and other paved areas needed for public ingress and egress and emergency access. E. Sidewalks and pedestrian paths shall be provided on the Property to provide safe and convenient pedestrian access to all parcels on the Property and to the parcel south of the Property. F. It is understood and agreed that the Village Bike Path Plan contemplates an eight-foot wide sidewalk along the west side of Milwaukee Avenue adjacent to the Property; and it is the Village's intent that said sidewalk shall be constructed by the Village at some future time when the Village determines that said sidewalk is necessary for safe and convenient pedestrian and bicycle access. The Owner shall grant any easements that are necessary for said sidewalk/bikepath. G. Signs, final landscaping plans and building appearance for any portion of the Property are subject to review by the Village Appearance Commission and approval by the Village Board. 12 H. Accessory structures on any portion of the property are subject to compliance with applicable Village regulations, and the locations of said structures are not approved by this Ordinance. I. The building and parking lot depicted on Parcel C by EXHIBIT C are not approved by this Ordinance. J. Each of Parcels A, B and C shall be developed as a separate tract without regard to the other Parcels. Accordingly, a Development Improvement Agreement will, to the extent it is required, be submitted by the owner of each parcel before a building permit for the Parcel is issued. The submission of a Development Improvement Agreement shall not be a prerequisite to approval and recording of the Corporate Grove First Resubdivision Plat. K. Except to the extent it conflicts with the zoning, special use and site plan granted herein, the Annexation Agreement dated May 7, 1984 for the Corporate Grove and the Property shall remain in full force and effect. 19. Effect. 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 Reid Rubin Braiman Hendricks, Glover NAYES: 0 - None ABSENT:-0 - None PASSED: January 6, 1997 APPROVED: January 6, ]997 ATTEST: APPROV Vi ge ClerkcLZ� SIDNEY H. MATHIAS Village President VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE 0 BUFFALO GR THIS DAY OF , 19 . Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & e Counties, linois, this � day of 19�. Village fteerk By �/ 1 Deputy Village Clerk