1990-023 Off`/ OFFICIAL -BUSIN`ESS
- / VILLAGE OF BUFFALO GROVE
4/2/90
ORDINANCE NO. 90-23
STRIKER LANES REDEVELOPMENT 90225057
(100 W. Dundee Road)
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, Joseph Freed and Associates, Inc. (hereinafter referred to as
the "Developer") is the developer of a certain tract of property comprising
2.49 acres legally described and identified in the legal description 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, said Property is zoned in the B-3 Planned Business Center
District by the Village; and
WHEREAS, the Village has received a petition for approval of a
Preliminary Plan and Planned Unit Development; and
WHEREAS, the Developer proposes to construct a one-story retail building
(31,400 square feet) on the Property pursuant to a Preliminary Plan dated
January 11, 1990 (revised) attached hereto as EXHIBIT B, and a Preliminary
Engineering Plan dated January 10, 1990 (revised) attached hereto as EXHIBIT
C, (EXHIBITS B" and C 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 Section 17.44.040 of the Zoning Ordinance with
respect to the requested Preliminary Plan in the B-3 District with a special
use for a Planned Business Center; 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; 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
business center development and for a variation to the Village's Zoning
Ordinance.
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
powers. The preceding whereas clauses are hereby made a part of this
Ordinance.
2. Enactment of ZoningOrdinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Planned Business
Center Development for the Property legally described in EXHIBIT A in the B-3
District 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 the Preliminary Plan (EXHIBIT B) dated January
11, 1990 (revised) and the Preliminary Engineering Plan (EXHIBIT C) dated
January 10, 1990 (revised) .
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3. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS B and C) 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 Property as submitted by the
Developer provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBITS B and C) ; 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. Com liance 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. 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 in the Preliminary 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 Authorities to consider such changes to this
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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 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.
6. 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
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
a�
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.
7. Water Provision. The Developer shall be permitted and agrees to
tap on to the Village water system at points as shown on EXHIBIT C
recommended by the Village Engineer. It is understood 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
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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 part of
the Village water system maintained by the Village.
8. Storm and Sanitary 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 Metropolitan Sanitary
District for the collection of sewage 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, 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
Authorities will operate and maintain such systems, except for sanitary sewer
service connections. 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 in question
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. It 'is und-erstood that
drainage facilities for this project will be installed on the subject
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Property in accordance with EXHIBIT C. 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 and multiple properties. The
Developer or successors will operate and maintain the balance of the system
and the storm sewer system located on the subject 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
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 D)
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 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.
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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
execution of this Ordinance, are hereby incorporated by reference herein,
made a part hereof, and designated as shown below. This Ordinance, together
with copies of all EXHIBITS, shall be kept on file with the Village Clerk and
be available for inspection to the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Preliminary Plan dated January 11, 1990 (revised) by
Blumenthal and Associates, Ltd.
EXHIBIT C Preliminary Engineering Plan (revised) dated January 10,
1990 by Mackie Consultants, Inc.
EXHIBIT D Development Improvement Agreement
EXHIBIT E Conceptual Landscape Plan dated January 11, 1990
(revised) by Koch and Son Landscaping
EXHIBIT F Building elevation sheet dated January 11, 1990 by
Blumenthal and Associates, Ltd.
12. Buildin , Landscaping and Aesthetics Plans. Developer shall comply
with the building and landscaping plans approved by the Appearance Commission
and Corporate Authorities. EXHIBIT E is a conceptual landscaping plan
subject to review and approval by the Village Forester and Appearance
Commission. EXHIBIT F is a conceptual building elevation sketch subject to
review and approval by the Appearance Commission.
13. Facilitation of Develo ment. Time is of the essence, and all
parties will make every reasonable effort to expedite implementation of this
Ordinance. It is further understood and agreed that the successful
consummation of this Ordinance and the development of the Property in the
best interest of all the parties and requires their continued cooperation.
The Developer does hereby indicate 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 indicate its intention to
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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.
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 Developer, and its respective 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 entering into 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: Joseph Freed and Associates, Inc.
1000 Capitol Drive
Wheeling, IL 60090
Copy to: Marc K. Schwartz, Esq.
Batler and Schwartz
355 W. Dundee Road, Suite 200
Buffalo Grove, IL 60089
If to Village: Village Clerk .. '
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
�896957
Copy to: William G. Raysa, Esq.
Bloche, French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
18. Special Conditions.
A. The following variation to the Village's Zoning Ordinance is
hereby granted:
Section 17.36.040.F.2. - to allow 140 off-street parking
spaces instead of 143 spaces.
B. Developer shall provide public ingress and egress easements on
the west, northwest and south portions of the Property. At the direction of
the Village, Developer shall obtain a public ingress and egress easement on
the adjoining property to the east. Said easements are subject to review and
approval by the Corporate Authorities.
C. Uses in the B-3 Planned Business Center shall be limited to
retail shopping and related service uses, restaurants, and business and
professional offices.
D. A striped "no parking" zone shall be provided south of the
refuse area depicted on EXHIBIT B adjacent to the north line of the Property.
E. A marked and striped loading zone shall be provided at the
west wall of the 13,840 square foot retail space depicted on EXHIBIT B. Said
loading zone shall be designed to require trucks to park at an angle of 60
degrees when loading and unloading.
F. A loading dock is prohibited in the rear of the retail space.
G. A sidewalk shall be constructed along the north wall of the
9,954 square foot retail space depicted on EXHIBIT B. There shall be a
six-foot space between the curb and the north wall of the building to allow-
for the overhang of automobiles.
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H. Roof-top mechanical equipment serving the buildings shall be
screened on all sides in such a manner that the equipment will not be visible
to a person standing at ground-level.
I. Signs depicted on the Preliminary Plan (EXHIBIT B) are not
approved, and are subject to review and approval by the Appearance
Commission.
19. 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, Reid Shifrin Math '
NAYES: 0 - None
ABSENT: 9 - O'Malle
PASSED: April 2 1990
APPROVED: April 2 1990
APPROVED:
VE CLAYTON, Village Presid t
j.:A`Z"CB ; p�
Vi11 -gektk
This document prepared by: William G. Raysa
Mail to: 1140 Lake Street
Oak Park, IL 60301
PIN: 03-04-301-008
2896957
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EXHIBIT A
STRIKER LANES REDEVELOPMENT
100 W. Dundee Road
Buffalo Grove, IL 60089
SUBJECT PROPERTY LEGAL DESCRIPTION:
PARCEL 1: That part of the West 314 of the Southwest 114, of Section 4,
Township 42 North, Range 11 East of the 3rd Principal Meridian described as
follows: Beginning at the point of intersection of the North line of the
South 50 feet and the West line of the East 700 feet of the West 314 of the
Southwest 114 of said Section 4; thence North along said West line of said
East 700 feet, 144.16 feet; thence East at right angles, 11.75 feet; thence
North at right angles, 130 feet; thence West at right angles, 204.79 feet;
thence South at right angles, 275.20 feet, more or less, to said North line
of the South 50 feet; thence East 193.04 feet to the point of beginning, in
Cook County, Illinois.
PARCEL 2: That part of the West 314 of the Southwest 114 of Section 4,
Township 42 North, Range 11 East of the 3rd Principal Meridian, described as
follows: Beginning at the point of intersection of the North line of the
South 50 feet and the West line of the East 700 feet of the West 314 of the
Southwest 114 of Section 4, Township 42 North, Range 11 East of the 3rd
Principal Meridian; thence North along the West line of said East 700 feet,
144.16; thence East at right angles, 11.75 feet; thence North at right
angles, 130 feet; thence East at right angles, 146.16 feet; thence South at
right angles, 130 feet; thence East at right angles, 87 feet; thence South
at right.:angles 144.16 feet, more or less, to the North line of the South 50
feet aforesaid; thence West on said North line, 244.91 feet to the point of
beginning, all in Cook County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 2.5-acre tract on
the north side of Dundee Road adjoining the Plaza at Buffalo Grove
(Ranchmart) shopping center.
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4/2/90
STRIKER LANES REDEVELOPMENT
(100 W. Dundee Road)
PLANNED UNIT DEVELOPMENT ORDINANCE
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . .3
5. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Building Permit and Engineering` Consultant Fees. . . . . . . . . . . . . . . . . .4
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . .6
11. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
12. Building, Landscaping, and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .7
13. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
14. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
15. Bindin Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Corporate Ca acities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
17. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
18. Special Conditions. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
2896957
LOCATION MAP
STRIKER LANES REDEVELOPMENT
PLANNED UNIT DEVELOPMENT ORDINANCE
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