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1988-110 11/7/88 ORDINANCE NO. 88-110 SEIGLE HOME CENTER DEVELOPMENT 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, Harry J. Seigle and Mark S. Seigle (hereinafter referred to as the "Developer") is the developer of a certain tract of property comprising approximately 7.22 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 Property is zoned in the B-2 (General Retail Business) District; and, WHEREAS, the Village has received a petition to rezone the 2.4-acre portion of the Property legally described in EXHIBIT A-1 attached hereto from the B-2 District to the B-4 (Business Services and Wholesale) District, and to approve a Business Planned Unit Development in the B-2 and B-4 Districts for the Property as legally described in EXHIBIT A; and, WHEREAS, the Developer proposes to develop the Property as a Business Planned Unit Development pursuant to the provisions and regulations of the B-2 and B-4 Districts and Special Uses chapters of the Village's Zoning Ordinance, and pursuant to a Preliminary Plan prepared by JDM Associates dated October 31, 1988 (revised) attached hereto and made a part hereof as EXHIBIT B, proposing a fast-food restaurant, a Seigle's Home and Building Center, and a two-story office building, and also a Preliminary Engineering Plan prepared by Robert W. Anderson and Associates, dated October 1, 1988 attached hereto and made a part hereof as EXHIBIT C (EXHIBITS B and C are 1 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 prescribed by law and made their recommendations with respect to the requested rezoning to B-4, and a Special Use for a Business Planned Unit Development in the B-2 and B-4 Districts; 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 Business Planned Unit 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. 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 and the Village's Home Rule powers. The preceding whereas clauses are hereby made apart of this ordinance. 2 2. Enactment of Zonin 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-2 and B-4 Districts for the Property legally described in EXHIBIT A and rezoning the portion of the Property described in EXHIBIT A-1 from the B-2 to B-4 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 a Preliminary Plan prepared by JDM Associates (EXHIBIT B) and the Preliminary Engineering Plan prepared by Robert H. Anderson and Associates (EXHIBIT C) . 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBITS B and C) 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 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. Compliance with Ap2licable 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 3 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 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 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. 4 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 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 Lake County Public Works 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 5 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 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. It is understood that all detention 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. Draina e 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. Pa ment of Recapture Fees Owed. Any amount of recapture required to be paid by this Property for watermains shall be due and payable upon connection of the Property to said watermain, and recapture fees owed for 6 Illinois Route 83 improvements shall be paid at the time of final plat approval. 11. SecuritZ 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. 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 the letter of credit. 12. 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 by the parties hereto. EXHIBIT A, A-1 Legal Descriptions EXHIBIT B Preliminary Plan by JDM Associates, dated October 31, 1988 EXHIBIT C Preliminary Engineering Plan by Robert H. Anderson and Associates, dated October 1, 1988 EXHIBIT D Development Improvement Agreement EXHIBIT E Elevation of Seigle Home and Building Center Building EXHIBIT F Elevation of perimeter warehouse and section diagram illustrating buffer and screening adjoining Woodstone Townhomes 7 EXHIBIT G Preliminary Landscape Plan by the Lannert Group, dated October 31, 1988 13. Building, Landscaping and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the requirement 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, landscaped and seeded all as determined by the Village Manager. 14. 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 expenses, 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. 15. 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 its intention to 8 fully 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 provision of this Ordinance. 16. 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. 17. Bindina Effect of Ordinance. This Ordinance shall be binding upon the Property, the Developer, and its successors and assigns. 18. Cor orate Ca acities. 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. 19. 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: Harry J. Seigle Seigle's Home and Building Centers 1331 Davis Road Elgin, IL 60123 Copy to: Marc K. Schwartz, Esq. Batler, Capitel and Schwartz 400 W. Dundee Road Buffalo Grove, IL 60089 9 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Bloche' , French & Raysa 1140 Lake Street, Suite 400 Oak Park, IL 60301 20. S ecial Conditions. A. The following variation to the Village's Development Ordinance is hereby granted: Section 16.50.040.C.3. - to allow a 4:1 side slope on the two dry detention basins along Route 83 instead of a 6: 1 side slope. B. Developer shall provide additional dedicated right-of-way and widen the pavement of Bank Lane from Illinois Route 83 onto the Property. Said additional dedicated right-of-way shall be 30 feet in width and said additional pavement shall be 16.5 feet in width, including curb and gutter. C. The Developer shall pay the Village of Buffalo Grove's share of the costs of a traffic signal which may be warranted at the intersection of Illinois Route 83 and Bank Lane. The Village shall require at the time of annexation undeveloped properties north of Bank Lane to share in the cost of said signal either through direct contribution or recapture. The Village shall use its best efforts to have the First American Bank of Lake County and the Town Center development share in the cost of said signal either through direct contribution or recapture. D. Uses on the Property shall be limited to a fast-food restaurant, a Seigle's Home and Building Center, and a two-story office building as depicted on EXHIBIT B. The Seigle's Home Center shall operate as a retail building materials sales store, as defined by the Illinois Retailer's Occupation Tax, with no wholesale operations. All sales volume 10 shall be taxed through the Village of Buffalo Grove. At the request of the Developer the Corporate Authorities may consider other uses on the Property. The Corporate Authorities may require review by the Village's Plan Commission, including public hearings, to amend this Ordinance to allow other uses. E. The Seigle Home and Building Center shall have a closing time of no later than 9:00 p.m. on weekdays, and 5:00 p.m. on weekends, and shall be open no ealier than 8:00 a.m. on any day. Truck deliveries to or from the Seigle Center and all loading and unloading operations shall only be between the hours of 7:00 a.m. and 5:00 p.m. , Monday through Friday. F. The Seigle Home and Building Center shall not create noise or other nuisances for any residential areas adjoining the Property. Any cutting or sawing operations shall be conducted within the enclosed principal building. The doors on said building shall be closed, if necessary to prevent noise from reaching adjacent residential areas. There shall be no outside speakers, telephone bells, or similar equipment audible beyond the Property boundary. If the Village so directs, said equipment shall be disconnected and removed. Forklift trucks shall use silent reversing alarms, which Developer has represented to be in compliance with all applicable regulations. . G. Parking required to serve the Seigle Home and Building Center shall be designated on the plat, and all necessary access easements to serve the Property shall be designated on the plat. H. The perimeter warehouse shall have a maximum height of 23.5 feet and be constructed with a brick exterior as depicted on EXHIBIT F. Said warehouse shall be designed to be aesthetically compatible with the adjacent 11 Woodstone Townhomes. Landscaping in the east yard of the Property shall include mature tree materials to screen the perimeter warehouse. I. Building materials, signage, and design elements for all development on the Property shall be unified and coordinated, and shall be compatible and consistent with the design of the adjacent First American Bank of Lake County. Exterior lighting shall be a uniform system for the entire Property, and shall be a "low impact" system similar to the lighting used at the Plaza Verde Shopping Center in Buffalo Grove. The buffer yard on the Property adjoining the south lot line of the First American Bank shall be extensively landscaped, including a berm or similar design element. J. Notwithstanding EXHIBIT B hereto, the two-story office building shall not exceed 30 feet in height, excluding the usual appurtenances such as heating, ventilation, and air conditioning equipment (HVAC) and parapets. K. The signs depicted on EXHIBIT B are not approved, and require approval by the Village Appearance Commission pursuant to the Village Sign Ordinance. L. No merchandise or materials shall be stored in any open areas. Seasonal merchandise may be displayed only on the west side of the principal Seigle's building for immediate sale or temporary display, but only between the hours of 8:00 a.m. to 9:00 p.m. on weekdays and 8:00 a.m. to 5:00 p.m. on weekends. M. The perimeter warehouse depicted on EXHIBIT B shall have an asphalt shingle roof system compatible with the Woodstone Townhomes. N. The fast-food restaurant drive-through lane shall have a height limit of 8 feet, 6 inches for vehicles. 12 0. Perimeter fencing on the south side of the Seigle's site shall be compatible with adjacent uses and shall be subject to Appearance Commission approval. P. The yard area between the principal Seigle's building and the accessory warehouses shall be maintained in a neat and orderly condition at all times. Q. All buildings and structures in the B-4 District shall be masonry on all sides. The Village acknowledges that the perimeter warehouse will be enclosed on three sides, and the other free-standing warehouse depicted on EXHIBIT B will have two walls. 21. Effect. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: . 4 - Glover Reid Shields President Clayton NAYES: 3 - Marienthal Shields Mathias ABSENT: 0 - None PASSED: November 7 1988 APPROVED: November 7 1988 APPROVED: VERNA L. CLAYTON, Village Pres' ent v ATTEST: VillSee Clerk 13 EXHIBIT A SEIGLE HOME CENTER DEVELOPMENT PLANNED UNIT DEVELOPMENT ORDINANCE B-2 PARCEL: LOT 8 (EXCEPTING THEREFROM THAT PART NOW RESUBDIVIDED AS LOT ONE OF THE FIRST AMERICAN BANK SUBDIVISION) AND LOT II (EXCEPTING THEREFROM THE EAST 400 FEET OF LOT II AS MEASURED ALONG THE NORTH LINE OF SAID LOT II) ALL IN BUFFALO GROVE MANOR -' A SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT RECORDED THEREOF ON JUNE 21, 1950 AS DOCUMENT 701006 IN BOOK 32 OF PLATS, PAGE 28, IN LAKE 'COUNTY ILLINOIS AND CONTAINING 4.82354 ACRES. B-4 PARCEL: THE EAST 400 FEET OF LOT II (AS MEASURED ALONG THE NORTH LINE OF SAID LOT 11) IN BUFFALO GROVE MANOR, A SUBDIVISION OF PART OF THE SOUTH I/2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT RECORDED THEREOF ON JUNE 21, 1950 AS DOCUMENT 701006 IN BOOK 32 OF PLATS, PAGE 28 IN LAKE COUNTY, ILLINOIS AND CONTAINING 2.40196 ACRES. EXHIBIT A-9 SEIGLE HOME CENTER DEVELOPMENT PLANNED UNIT DEVELOPMENT ORDINANCE THE EAST 400 FEET OF LOT II (AS MEASURED ALONG THE NORTH LINE OF SAID LOT II ) IN BUFFALO GROVE MANOR, A SUBDIVISION OF PART OF THE SOUTH 1/2 OF SECTION 33, TOWNSHIP 43 NORTH, RANGE II EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT RECORDED THEREOF ON JUNE 21, 1950 AS DOCUMENT 701006 IN BOOK 32 OF PLATS, PAGE 28 IN LAKE COUNTY, ILLINOIS AND CONTAINING 2.40196 ACRES. 11/7/88 SEIGLE HOME CENTER DEVELOPMENT PLANNED UNIT DEVELOPMENT ORDINANCE Table of Contents 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .2 2, Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 3. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Com liance with Applicable 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. Payment of Recapture Fees Owed. . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .6 11. Security for Public and Private Site Improvements. . . . . . . . . . . . .7 12. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 13. Building., Landscapin& and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .8 14. Declaration of Covenants, Conditions, and Restrictions. . . . . . . .8 15. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 16. Enforceabilitz of the Ordinance. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .9 17. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 18. Corporate Ca2acities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 19. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 20. S ecial Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 SEIGLE HOME CENTER DEVELOPMENT P.U.D. ORDINANCE Location Ma "Am IRF CT R PAL FE -, cr. _ 30135 ' } ,, _ tns MODCXaT 4E i-;• • 7• 'SZT, B.3 ... 9001 . S7E •` r - r VA Site ' s VILLAGE OF BUFFALO GROVE ORDINANCE NO. �o ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE Qf BUFFALO GROVE THIS DAY OF 19 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lae Counties, Illinois, this �_ day of �,(y 19 Seiu� M • Scuff Village Clerk By _ (/l1 t.t-ukM 0-NA&t,,-A Deputy Cler -