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1995-012 1/13/95 ORDINANCE NO. 95- 12 AN ORDINANCE APPROVING AN AMENDMENT TO THE STONE CREEK ANNEXATION AGREEMENT AND APPROVING A PRELIMINARY PLAN INDECK ENERGY SERVICES INC. BUFFALO GROVE ROAD/ILLINOIS ROUTE 83 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove approved an Annexation Agreement dated September 3, 1991 by approving Ordinance No. 91-75 which included the Property legally described in EXHIBIT A attached hereto; and, WHEREAS, the Village annexed the Property described in EXHIBIT A by approving Ordinance No. 91-76 and zoned the Property in the Office and Research (O&R) District by approving Ordinance No. 91-77; and, WHEREAS, Indeck Energy Services, Inc., Owner of the Property, has petitioned for amendments to said Agreement and for approval of a Preliminary Plan to construct a three-story office building with a banking facility as set forth in the amended Annexation Agreement dated January 16, 1995; and, WHEREAS,proper and due notice of a public hearing concerning said amendments to said Annexation Agreement has been given and a public hearing held; and WHEREAS, it is determined to be in the best interests of the Village of Buffalo Grove to approve said amendments to the Annexation Agreement. 1 NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The preceding Whereas clauses are hereby made a part of this Ordinance. Section 2. The amended Annexation Agreement dated January 16, 1995 and Exhibits, including a Preliminary Plan, attached hereto as Exhibit A-1 and made a part hereof is approved. Section 3. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 4. 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 Reid, Rubin, Braiman, Moons NAYES: 0 - None ABSENT: 1 - Hendricks PASSED: January 16 1995 APPROVED: January 16, 1995 APPROVED SIDNEY H. MATHIAS, Village President ATTEST: Village C erk T 2 1/16/95 AMENDMENT TO THE STONE CREEK (SCHWENNESEN PROPERTY) ANNEXATION AGREEMENT Indeck Energy Services, Inc. Buffalo Grove Road/Illinois Route 83 This Agreement made and entered into this 16th day of January, 1995 by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as the "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and INDECK ENERGY SERVICES, INC. (hereinafter referred to as "Owner"). ;. WHEREAS, Indeck Energy Services, Inc. is the Owner of the real property legally described in EXHIBIT A attached hereto (hereinafter "Property") which is approximately 3.97 acres; and, WHEREAS, the Property described in EXHIBIT A hereto was annexed to the Village and zoned in the Office and Research (O&R) District on September 3, 1991 and is subject to the provisions of the Annexation Agreement dated September 3, 1991; and WHEREAS, said Annexation Agreement stipulates that development of the Property is limited to an office building and one-story bank with a total gross floor area of 50,000 square feet, a total height of two stories with a maximum height of 36 feet for the office building, and one access driveway to Buffalo Grove Road and Illinois Route 83; and, WHEREAS, the Owner has petitioned to the Village for approval of a Preliminary Plan for development of the Property pursuant to the following EXHIBITS: EXHIBIT A Legal Description 1 EXHIBIT B Development Improvement Agreement EXHIBIT C Preliminary Plan (Site Plan) dated as last revised January 9, 1995 by Otis Associates, Inc. EXHIBIT D Preliminary Engineering Plan dated as last revised January 9, 1995 by Donald Manhard Associates, Inc. EXHIBIT E Temporary Bank Plan (site plan) dated as last revised January 9, 1995 by Otis Associates, Inc. EXHIBIT F Temporary Bank Building Elevations dated December 1, 1994 by Otis Associates, Inc. EXHIBIT G Landscape Plan dated as last revised January 9, 1995 by the Brickman Group, Ltd. EXHIBIT H, H-1, Permanent Office/Bank Building Floor Plans - First, Second H-2 and Third Floors dated December 28, 1994 by Otis Associates, Inc. EXHIBIT I Permanent Office/Bank Building Elevations dated December 28, 1994 by Otis Associates, Inc. EXHIBIT J Line of Sight Analysis to Adjacent Properties dated December 1, 1994 by Otis Associates, Inc. WHEREAS, said Preliminary Plan requires amendment of the Annexation Agreement dated September 3, 1991 to allow an increase of gross building floor area from 50,000 square feet to 71,750 square feet, an increase in floor area ratio (F.A.R.) from 0.287 to 0.416, an increase in maximum height of the office/bank building from 36 feet to 50 feet, an increase from two stories to three stories, a second access driveway (right-in only) from Illinois Route 83, and a variation of the Village Zoning Ordinance to allow a reduction of 26 off-street parking spaces required by the Ordinance by allowing the second and third floor atrium areas to be deducted from the gross building floor area used to calculate required parking. 2 NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. That the preceding Whereas clauses are incorporated herein. 2. The provisions and obligations of the Stone Creek Annexation Agreement dated September 3, 1991 approved by Ordinance 91-75 and recorded at the Lake County, Illinois Recorder's Office as Document Number 3066086 remain in full force and effect unless specifically modified by this amendment to said Agreement. 3. The Stone Creek Annexation Agreement as cited above be and is hereby amended concerning the Property described in EXHIBIT A hereto with the addition of the following language: A. Paragraph 4. Enactment of Zoning Ordinance. Development of the Property shall be in accordance with EXHIBITS B through I attached hereto. Said development shall consist of a permanent three-story building with a maximum height of 50 feet and a gross building floor area of not more than 71,750 square feet including 61,750 gross square feet for general office use and 10,000 square feet for a bank with a drive-in facility. The atrium areas of said three-story building shall be constructed in accordance with EXHIBITS H, H-1 and H-2, and said areas shall not be modified to provide additional floor area for offices, storage or other uses. The Village hereby approves a variation of Sections 17.36.040.E and 17.36.040.G.1 to allow the interior atrium space of the second and 3 third floors of the permanent office/bank building to be deducted from the gross building floor area used to determine required off-street parking for general office uses. It is understood and agreed that amount of off-street parking for office uses on the Property has been calculated using the Village's Zoning Ordinance standard for general office uses of one space per 300 square feet of gross floor area, and other uses having a greater parking requirement shall not be allowed on the Property unless specifically approved by the Village. A temporary one-story bank with a drive-in facility as depicted on EXHIBITS E and F shall be allowed for a period of fourteen (14) months from the date of issuance of a building permit. At the end of said 14-month period, said temporary bank shall be removed from the Property. B. Paragraph 9. Water Provision. Construction of the water supply system and connection to the Village water system shall be in accordance with EXHIBIT D. C. Paragraph 10.A. and B. Stormwater and Sanitary Sewer Provisions. Construction of the sanitary sewer system and stormwater management system shall be accordance with EXHIBIT D. Owner shall obtain written approval from the Buffalo Grove Park District prior to any tree removal, grading or drainage system modifications on Park District property, and said written approval shall 4 be provided to the Village as part of the documentation required for approval of the final plat of subdivision by the Village. D. Paragraph 28. Special Conditions. B. Owner shall be permitted to construct one permanent full access driveway on Buffalo Grove Road, one permanent full access driveway on Illinois Route 83 and one permanent right- in only driveway from Illinois Route 83 in accordance with EXHIBITS C and D, and as approved by the Illinois Department of Transportation and the Village. The temporary access driveway to Buffalo Grove Road as depicted on EXHIBIT E shall be restricted to prohibit left turns into the Property from northbound Buffalo Grove Road, and said temporary access shall be eliminated when the permanent full access driveway on Buffalo Grove Road is opened for use. D. Owner agrees to construct, at Owner's cost, all improvements necessary to complete Buffalo Grove Road adjacent to the Property as planned by the Village. Said improvements shall include two travel lanes, a median including a turn lane, and improvements to the intersection of Buffalo Grove Road and Route 83, for the segment of Buffalo Grove Road adjoining the Property. Owner shall also pay to the Village $30,000.00 for design engineering and $38,300.00 for earthwork for improvements to 5 Buffalo Grove Road adjacent to the Property and extending to Hidden Lake Drive. Said payments shall be made prior to Village approval of the plat of subdivision for the Property. IN WITNESS WHEREOF, the Corporate Authorities and the Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. VILLAGE UFF By ATTEST: OWNER By 5�wra Vick Q�S�aErNc` ATT 6 EXHIBIT A AMENDMENT TO THE STONE CREEK ANNEXATION AGREEMENT INDECK ENERGY SERVICES, INC. LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE NORTHEAST 1/4 OF SECTION 32, TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33 DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE NORTH ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 33, A DISTANCE OF 1264.56 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 09 DEGREES-10 N UNUTES 18.SECONDS EAST, A DISTANCE OF 312.19 FEET TO A POINT ON A NONTANGENT CURVE; THENCE NORTHWESTERLY ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 2815.00 FEET AND A CHORD BEARING OF NORTH 44 DEGREES 05 MINUTES 36 SECONDS WEST, A DISTANCE OF 381.72 FEET TO A POINT OF TANGENCY; THENCE NORTH 40 DEGREES 12 MINUTES 31 SECONDS WEST, A DISTANCE OF 349.68 FEET; THENCE NORTH 49 DEGREES 47 MINUTES 29 SECONDS EAST, A DISTANCE OF 241.33 FEET; THENCE SOUTH 89 DEGREES 55 MINUTES 03 SECONDS EAST, A DISTANCE OF 257.65 FEET TO THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 33; THENCE SOUTH 00 DEGREES 04 MINUTES 57 SECONDS WEST ALONG SAID WEST LINE, A DISTANCE OF 388.23 FEET TO THE POINT OF BEGINNING, IN LAKE COUNTY, ILLINOIS. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately four-acre tract at the intersection of Illinois Route 83 and Buffalo Grove Road, west of the Cherbourg Townhomes.