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2000-007 1/24/2000 ORDINANCE NO. 2000-7 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT (P.U.D.) AND PRELIMINARY PLAN IN THE B-5 TOWN CENTER PLANNED DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Praedium Development Lot 2, Walgreens Buffalo Grove Resubdivision East side of Buffalo Grove Road north of Lake Cook Road 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, MRD - Buffalo Grove, Inc. (hereinafter referred to as the "Owner"), is the owner of a certain tract of property (hereinafter referred to as the Property) comprising 0.87 acres legally described and identified in the Legal Description, attached hereto as EXHIBIT A and made a part hereof and which real estate is within the corporate limits of the Village, and, WHEREAS, said Property is zoned in the Commercial/Recreational 'Sub- district of the B-5 Town Center Planned Business District with a Planned Unit Development (P.U.D.) approved by Ordinance 96-48; and, 2 WHEREAS, Praedium Development, L.L.C. (hereinafter referred to as the "Developer") as contract purchaser of the Property has petitioned to the Village for approval of an amendment to the Planned Unit Development (P.U.D.) and Preliminary Plan; and, WHEREAS, Developer proposes to construct a one-story commercial building with a total gross floor area of 7,386 square feet, in accordance with and pursuant to the Preliminary Plan, including the Preliminary Engineering Plan, prepared by W-T Engineering, dated as last revised January 14, 2000 and attached hereto as GROUP EXHIBIT C, and incorporated herein, 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 the requested amendment of the Planned Unit Development and Preliminary Plan; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereafter referred to as the "Corporate Authorities") after due and careful consideration have determined that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 3 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 an amendment to the Planned Unit Development and Preliminary Plan for the Property pursuant to EXHIBITS GROUP C, D, E, F and G attached hereto, subject to the conditions contained herein. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (GROUP EXHIBIT C ) pursuant to the provisions of the Development Ordinance. The Corporate Authorities agree to approve a Development Plan (including a plat of easement) based on final versions of the plans and drawings as submitted by the Developer provided that the Development Plan shall: (A) conform to the approved Preliminary Plan (EXHIBIT 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 approved Development Improvement Agreement (EXHIBIT B) as amended from time to time. 4. Compliance with Applicable Ordinances. 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 4 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 foregoing, the Village shall not apply new ordinances or regulations to the Property to the extent that such ordinances or regulations would prevent development of the Preliminary Plan approved herein. 5. Amendment of Plan. If the Developer desires to make changes in the Preliminary Plan, as herein approved, the parties agree that 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 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 increases the total ground area covered by buildings by more than two percent (2%). 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 5 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 properties 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 be extent shown on GROUP 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 building 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 6 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 sanitary sewers as necessary to service the Property, pursuant to GROUP EXHIBIT C. It is understood, however, 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 agree to operate and maintain such system, 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 storm sewers which may be necessary to service the Property pursuant to GROUP 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 Property and not dedicated. 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 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 EXHIBIT B Development Improvement Agreement GROUP Preliminary Plan (5 sheets, including Preliminary Site EXHIBIT C Development Plan (Sheet SDP-1 ), Preliminary Site Grading Plan (Sheet C-1 ), Preliminary Site Utility Plan (Sheet C-2), Detail Plan (Sheet C-3) and Specification Plan (Sheet C-4) dated as last revised January 14, 2000 by W-T Engineering, Inc. 8 EXHIBIT D Landscape Plan (Sheet L.1)dated as last revised January 10, 2000 by A D I EXHIBIT E Building exterior elevations and floor plan (Sheet A.4) dated as last revised January 10, 2000, by ADI EXHIBIT F Site Photometrics (no date) EXHIBIT G Outdoor lighting specifications (7 sheets) 12. 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 problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Ordinance. 13. Enforceability of the Ordinance. This Ordinance shall be enforceable in any court of competent jurisdiction by any of the parties 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 other provisions contained herein. 9 14. Bindina Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 15. 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. 16. 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: George Markopoulos Praedium Development 3530 W. Peterson Ave., Suite 209 Chicago, IL 60659 Copy to: Marc K. Schwartz, Esq. Marc K. Schwartz and Associates 314 N. McHenry Road Buffalo Grove, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 10 Copy to: William G. Raysa, Esq. Raysa & Skelton, P.C. 1 140 Lake Street, Suite 400 Oak Park, IL 60301 17. Special Conditions. A. Developer shall submit a plat of easement for review and approval by the Village as part of the Development Plan for the Property. Said plat shall depict all easements to be vacated and new easements for utilities, access and fire lanes. Fire lanes shall be provided on the Property in compliance with the recommendations of the Buffalo Grove Fire Department. B. It is understood and agreed that the Property shall have a driveway connection to the Buffalo Grove Town Center as depicted on GROUP EXHIBIT C, and said connection shall be completed prior to issuance of a certificate of occupancy for the building on the Property. C. Developer shall submit a final landscaping plan for review and approval by the Village Forester prior to installation of landscaping on the Property. D. Signs depicted on the attached EXHIBITS are not approved by this Ordinance. Said signage is subject to the provisions of the Village Sign Code and the B-5 Town Center Planned District. 11 E. Developer shall cooperate with the Village and the owner of Lot 1 of the Walgreens Buffalo Grove Resubdivision in providing signage on the Property and said Lot 1 to ensure safe and efficient traffic circulation for both properties. Developer shall install said traffic management signage at the direction of the Village. F. It is understood and agreed that parking shall be provided on the Property using the Village Zoning Ordinance standard for a shopping center of one off-street parking space per 220 square feet of gross building floor area, except for restaurants and similar uses with customer seating and offices. A standard of one parking space per 100 square feet of building area shall be used for restaurants and similar uses with customer seating, and a standard of one parking space per 200 square feet of building area shall be used for any office uses. The cumulative parking requirement for the Property shall be calculated using the individual standards for specific uses as set forth above, and the total parking demand for said uses shall not exceed the 44 spaces provided on the Property. Parking on the Property shall be available to all users of the Property and shall not be restricted to certain businesses, tenants, employees clients or customers. 18. Effect. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. 12 AYES: 4 - Braiman Hendricks, Glover, Hartstein NAYES: 3 - Marienthal. Reid Berman ABSENT: 0_- None PASSED: January 24 2000 APPROVED: January 24 2000 ATTEST: APPROVED: / yI.G ��/_7/& ViII66e Clerk ELLIOTT HARTSTEIN Village President Mail to: Village Clerk Village of-Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 This document was prepared by: Robert E. Pfeil, Village Planner, Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 G:\PFEIL\PROJCURR\PRAEDIUM\PUDORD.WPD EXHIBIT A Legal Description Praedium Development Lot 2, Walgreens Buffalo Grove Resubdivision East side of Buffalo Grove Road north of Lake Cook Road Lot 2 of the Walgreens Buffalo Grove Resubdivision, being a subdivision of parts of the southwest quarter of Section 33, Township 43 North and part of the northwest quarter of Section 3, Township 42 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 0.87-acre parcel on the east side of Buffalo Grove north of the Walgreens store at the northeast corner of Buffalo Grove Road and Lake Cook Road. VILLAGE OF BUFFALO GROVE ORDINANCE NO. --2-0�ZT 7 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF UFFALO GRAVE THIS DAY OF MAZZ , 2000 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Gr ve, Cook & ke Counties, Illinois, this o5 day of 2000 Village Clerk By Deputy Village Clerk