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1988-046 2 675020 ,�. `1�'� b C 4/4/88* CROSSINGS CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Table of Contents 1. Applicable Law... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. .. .. . . . . .. . . .. . . . 3 2. Enactment of Zoning Ordinance. . . . . . . . . . . . .. . . ... . .. . . . ... . . . . . . . . . 3 3. Approval of Plats. . .. . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . .. . . 3 4. Compliance with ARplicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5. Amendment of Plan. . . .. . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . 4 6. Building Permit and Engineering Consultant Fees. . . . . . . . . . . . . . . . . . 4 7. Water Provision. . . . . . . . . . . . . . . . . . . . . . .. .. . .. . . .. . . . . . . . . . . . . . .. . . 5 8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . :. . . . . . . . . . . . . . . . . . 5 9. Drainage Provisions. . . . . . . . . . . . . . . . . .. . . . ... . . . . . . . . . . . . . . . . . . . . . 6 10. Security for Public and Private Site Improvements. . . . . . . . . . . .. . . . 7 11. Exhibits. . . . . . . . .. . . . . . . . . . . . . . . . . . . . .. .. . ... . . .. . . . . . . . . . . . . . . . . 7 12. Building, Landscapigg, and Aesthetics Plans. . . . . . . . . . . . . . . . . .. . . . . 8 13. Declaration of Covenants, Conditions, and Restrictions. . . . . . .. .. . 8 14. Facilitation of Development. . . . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . . . 8 15. Enforceability of the Ordinance. . . . . . .. .. . . .. . . . . . . .. . . . . . .. . . . .. 9 16. Binding, Effect of Ordinance. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9 17. Cor orate Capacities.. . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . 9 18. Notices. . . . . .. .. ... . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . 9 19. Special Conditions. .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 20. Effect. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 �, 119 CROSSINGS CENTER P.U.D. ORDINANCE +diva` ` 020 Do :. a -... R 6A v fir.` B 3 \�9 J IA41 saP � sin In•1 LOCATION MAP 2 26'75020 4/4/88* ORDINANCE NO. 88-46 CROSSINGS CENTER PLANNED UNIT DEVELOPMENT ORDINANCE 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, Otis Company (hereinafter referred to as the "Developer") is the developer of a certain tract of property comprising approximately 12.6 acres legally described in EXHIBIT A attached hereto (hereinafter referred to as the "Property") and which real estate is within the corporate limits of the Village; and, WHEREAS, the Village has received a petition to rezone the Property from the R-1 (One-Family Dwelling) District to the B-3 (Planned Business Center) District; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the B-3 District of the Village Zoning Ordinance to develop the Property as a Business Planned Unit Development in accordance with and pursuant to a certain Preliminary Plan prepared by Otis Associates and dated as last revised April 4, 1988, attached hereto and made a part hereof as EXHIBITS B, B-1 B-2 and B-3, and also Preliminary Engineering Plan prepared by Gewalt-Hamilton Associates, Inc. and dated as last revised November 10, 1987 attached hereto and made a part hereof as EXHIBITS C and C-1 (EXHIBITS B, B-1, B-2, B-3, C, and C-1 are hereinafter jointly 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 in the manner provided by law, the Plan Commission of the Village has held such public hearing 1 2G75020 prescribed by law and made their recommendations with respect to the request- ed zoning classification of the B-3 District with a special use for a Planned Unit Development; and, WHEREAS, the Plan Commission in its discussion and minutes reflect an evaluation of the requisite zoning factors and that the Corporate Authorities agreed with that evaluation; 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 hereinafter referred to as the "Corporate Authorities") do hereby find that the evidence presented meets the requirements for a special use for a Planned Unit Development; and, WHEREAS, the Corporate Authorities do hereby further find that the granting of the special use will be in the best interests of the public convenience in that it will provide necessary and desirable commercial uses and contribute to the general welfare of the neighborhood and the Village of Buffalo Grove and will not under the circumstances be detrimental to the health, safety, morals and general welfare of the persons residing in the vicinity or injurious to property values by reason of the configuration and manner of the planned development; and, WHEREAS, the Corporate Authorities have determined that there would be particular hardship and difficulties in developing the Property by reason of the topographical and other conditions peculiar to the Property until certain variations and exceptions were granted as hereinafter set forth. 2'/ 2675020 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 accor- dance with the Village's Zoning 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 a Business Planned Unit Development in the B-3 District for the Property legally described in EXHIBIT A, subject to the restrictions 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 Otis Associates (EXHIBITS B. B-1, B-2 and B-3) and the Preliminary Engineering Plan prepared by Gewalt-Hamilton Associates (EXHIBITS C and C-1) . 3. Agproval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBITS B, B-1, B-2, B-3, C and C-1) pursuant to the provisions of the Village's 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 Property as submitted by the Developer provided that the plat or plats shall: (a) conform to the Preliminary Plan (EXHIBITS B, B-1, B-2, B-3, C & C-1) ; 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 D) 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, 35 2675020 amendments, rules and regulations relating to zoning, building and subdivi- sion of land adopted after the date of this Ordinance shall not be arbitrar- ily or discriminatorily applied to the Property, but shall be equally appli- cable 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. 5. 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 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. 6. Buildina Permit and Ensineering 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 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 4 2675020 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. 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 the 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 will 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 will 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 will 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 SanitarX Sewer Provisions. A. The Corporate Authorities shall cooperate with the Developer and 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 5 2G 75020 Department for the collection of sewage. 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 engineer- ing. Upon installation and acceptance by the Village through formal accep- tance action by the Corporate Authorities, the Corporate Authorities will operate and maintain such systems, except for sanitary sewer service con- nections. The Developer accepts 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 any storm sewers which may be necessary to service the Property, as per EXHIBIT C-1. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of final engineering. It is understood that all de- tention and drainage facilities for the development will be installed on the Property. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities will operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties. The Developer or successors will operate and maintain the balance of the system and the storm sewer system located on the Property and shall record a covenant to that effect within thirty (30) days of the recording of the plat. 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 6 L• f:. µ 2675020 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 Im rovements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT D) 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. If the Developer fails to complete all improvements secured by the letter of credit, 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 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 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 by the parties hereto. EXHIBIT A Legal Description EXHIBIT B,B-1 Preliminary Plan, dated April 4, 1988; Section B,2 & B-3 sketches A, B and C, dated September 23, 1987; Building elevations, dated November 18, 1987; and Site Perspective Sketch looking southeast, dated July 6, 1987 by Otis Associates EXHIBIT C,C-1 Preliminary Engineering - Sanitary Sewer and Water; Grading and Storm Drainage dated November 10, 1987 by Gewalt-Hamilton Associates EXHIBIT D Development Improvement Agreement 7 `! 2675o2o EXHIBIT E Traffic Impact Analysis, dated November 24, 1987, by Gewalt-Hamilton Associates 12. Building, Landsca in 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. Phases not under construction or completed shall be maintained in a neat and orderly fashion and graded and seeded all as determined by the Village Manager. 13. 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 owner of the Property 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 owner. The Village shall also have the right to charge or place a lien upon the Property for the repayment of such costs and ex- penses, including reasonable 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. 14. 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 cooperation. The Developer does hereby evidence its intention to fully 8 2675020 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 to facilitate the development of the Property, as contemplated by the pro- visions of this Ordinance. 15. 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. 16. Binding, Effect of Ordinance. This Ordinance shall be binding upon the Property, the Developer, and its successors and assigns. 17. 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. 18. 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: James Otis, Jr. Otis Company 400 Skokie Boulevard Northbrook, IL 60062 Copy to: Herbert Linn, Esq. Pedersen & Houpt 180 N. LaSalle Suite 3400 Chicago, Illinois 60601 9 : , If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Copy to: William G. Raysa, Esq. Bloche, French & Raysa 1140 Lake Street Suite 400 Oak Park, Illinois 60301 19. Special Conditions. A. The following variations to the Village's Development Ordinance are hereby granted: 1. Section 16.50.040.C.4 - to not provide a 12-foot wide sodded area at 2 percent slope in specified locations around the top of the retention pond; . 2. Section 16.50.040.C.4 - to use stones smaller than 18-inch diameter as functional rip-rap in the 2:1 sloped area around the retention pond. B. The project shall be developed in a continuous manner, or if developed in phases, each successive phase shall be substantially contiguous to the preceding phase. C. Landscaping, berming, and screening on the Property shall conform, at a minimum, to EXHIBITS B and B-1, and to plans and conditions approved by the Village's Appearance Commission. Notwithstanding these Exhibits and plans, additional screening, which may include landscaping and berming, shall be provided by the Developer if it is determined by the Village that such additional measures are necessary to adequately screen loading docks and other commerical support structures from adjacent residential areas. D. Performance standards for certain uses will be required as re- strictive covenants to be recorded with the final plat. Said standards may include, but are not limited to, exterior lighting, hours of operation, 10 r 20,75()20 employee parking, and the control of deliveries of merchandise and materials at the Property. E. Businesses at the Property shall open no earlier than 6:00 a.m. and shall close no later than 1:00 a.m. each day. Except for bakery truck deliveries, truck deliveries to the Property shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. each day. Bakery truck deliveries to dock areas of businesses adjacent to west Fremont Way shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. each day. F. No food use on the Property shall exceed a floor area of 10,000 square feet, except one specialty food use (to be located in the southwest portion of the Property) shall be allowed with a floor area of not to exceed 15,000 square feet if prior approval of the Corporate Authorities is received. G. The following uses shall not be permitted on the Property: M Restaurant drive-in facilities for window service of prepared and packaged food where said foods are not consumed on the premises and drive-in restaurants or food stands primarily catering to customers with facilities for parking on the premises for consumption of food in autos. (ii) Convenient food stores, mini mart food stores or other similar uses except where specifically approved by the Buffalo Grove Corporate Authorities. (iii) A supermarket/food use with a floor area in excess of 15,000 square feet. H. The Developer shall be responsible for the cost of closing north Fremont Way if the Village determines that such an action is needed to control traffic in the area. The design and closure of the street is to be based on reasonable engineering and aesthetic standards mutually agreed on by the Developer and the Village. 11 0 267S020 I. The Developer shall widen north Fremont Way to provide a three-lane cross-section between the Fremont Way entrance to the Property and Arlington Heights Road. . The Developer shall provide a left-turn lane on Arlington Heights Road at the entrance to the Property, as approved by the Village Engineer. If the Village determines that a right-turn deceleration lane on Arlington Heights Road is needed at the entrance to the Property, the Developer shall make this improvement as approved by the Village Engineer. J. The Developer shall pay for the Village share of costs of one traffic signal installation between Heritage Place and north Fremont Way which may be warranted and approved by the Village to serve the development or adjacent areas. K. The parties agree to cooperate concerning public use of the gazebo area for Village displays, concerts, and similar activities, subject to written request by the Village for such uses. L. Developer will be responsible for the Village's expenses for litigation that may occur as a result of the zoning of the Property. Developer's counsel will have principal responsibility for such litigation. The intent of this Paragraph is that the Village remain whole related to any zoning action concerning the Property. At the option of the Village, it may request adequate assurance of reimbursement of Buffalo Grove's expenses in such litigation. M. The construction of the development will proceed from south to north on the site. In the event the Village has the opportunity to plan for annexation or zoning of land immediately north of the subject Property, the Developer shall cooperate with the Village to replan the northern portion of the subject site to meet planning objectives of the Village. Such modifica- 12 tions may include site access, Fremont Way and Alden Lane alignments, and location of all site improvements and structures including detention for that portion of the land not yet occupied by buildings. 20. Effect. 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, Glover, Kowalski, Shifrin, Clayton NAYES: 2 - Reid, Shields ABSENT: 0 - None PASSED: April 4, 1988 APPROVED: April 4, 1988 APPROVED: VERNA L. CLAYTON, Village Presi t co b CTN fT1 N C C -' -� 0 A T a r (.n 13 9675020 C'�C�S'S1I'GS CCN1'�ie F-_lJ_I7. C.�R:'IR:,1C�: Parcel Ciie: "that part of the. Ncxth2ast 1/4 or the Southeast 1/4 of Section 30, Township 43 North, Range 11 Eask of the 3rd Principal Meridian bour'oed by a line described as follows; Commencing at a point on the East line of the Southeast 1/4 of said Section 30 which is 338.24 feet South of the intersection of the East line of said gUarter section with the center line of 111.1nois Route N _ 83; thence West at right angles to the East line of said Southeast 1/4, 520.0 feet to a point of curve; thence West and S uth along a curved line convex to the North and having a radius of 395.0 feet:, a distance of 286.10 feet, arc measure; thence Southeasterly ai-ong a radial line of the last described 'curved line, 108.64 feet to a point of curve; thence South and East along a curved line convex to the East and having a radius of 5.55.0 feet, a distance cf 313.16 feet, arc mea;ure, to the South line of the Northeast 1/4 of the Southeast 1/4 of said Section 31; thence East along the South line of said quarter quarter section, 544.06 feet to the East line of the SOutheast 1/4 of said Section 30; thence North along the East line of the Soutneast 1/4 of said Section 30, 442.21 feet to the place of begi,yni.ng, Lake County, Illinois. Parcel Two: The part of the Southeast 1/4 of the Southeas` 1/4 or Sectia-) 30, Township 43 North, Range 11 East' of the 3To Principal Mcrldian bounced by - a line described as falloxs; Elegwnning at the Northeast corner of said- quaff ter year.Err :,e::t.i%or:; thence !vest along the North line t:-)er.eof, 544.06 fcet; thence South ano East along a curved line, convex to the East ano naving;a radius of 055.0 feet, a distance of 378.56 feet, arc measure, to a point of tangent; thence South on a 1•ine parallel with the East line of the Southeast 1/4 of' said Section 30, 264.65 feet to a point of curve; thence South and West along a curved line, convex to the East and having a radios of 330.0 feet, a distance of S7.44 feet, arc measurF; thence East and South along a curved line, convex to the Soutn. and having a radius of 533.0 feet, a distance of 195.90 feet., arc measure, to a point of tangent; i hence East alc•np a line drawn at right angles to the East line of tuff° Southeast 1/4 of said Section 30, 290.0 feet to . trie East line i:f said quarto section; thence North along the East l ine to the Southeast 1./4 of the Southeast 1/4 of said Sectior: 33, 757.79 feet to tt:e place of begirv)ing, Lake County, Illinois.