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1997-089 v a 10/31/97 ORDINANCE NO. 97-89 AN ORDINANCE APPROVING A REZONING TO THE R-9 MULTIPLE-FAMILY DWELLING DISTRICT WITH A SPECIAL USE FOR AN ASSISTED LIVING FACILITY AND APPROVAL OF A PRELIMINARY PLAN, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Sunrise Assisted Livina North side of IL Route 22 (Half Day Road), west of Condell Acute Care Center WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in EXHIBIT A ("Property") attached hereto is zoned in the Industrial District; and, WHEREAS, First Union Real Estate Equity and Mortgage Investments, Inc. is the Owner of the Property; and, WHEREAS, Sunrise Assisted Living, Inc. is the lessee of the Property, and has petitioned the Village for rezoning to the R-9 District with a Special Use for an assisted living facility for elderly residents and approval of a Preliminary Plan; and, WHEREAS, Sunrise Assisted Living proposes to construct said assisted living facility with 78 units for elderly residents in a two-story building with a total floor area of 55,000 square feet and a maximum height of 40 feet pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Site and Zoning Information Sheet dated September 30, 1997 EXHIBIT C Development Improvement Agreement 2 EXHIBIT D Preliminary Plan ("Site Plan," 11x17-inch color sheet) dated as last revised September 30, 1997 by Groundwork, Ltd. EXHIBIT E Preliminary Plan ("Site Plan") dated as last revised September 30, 1997 by Groundwork, Ltd. EXHIBIT F Preliminary Engineering Plan dated as last revised September 30, 1997 by Groundwork, Ltd. EXHIBIT G First Floor Concept Plan (no date) WHEREAS, notice of the public hearing concerning the petition for rezoning with a Special Use and approval of a Preliminary Plan and zoning variation was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning Ordinance, including the requested variation to waive the requirement for an off-street parking space for loading, have been met, and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded 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: Section 1 . 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance rezoning the Property to the R-9 District with a Special Use for an assisted living facility for elderly residents and approving a Preliminary Plan pursuant to EXHIBITS B, D, E, F, and G for the Property. Section 3. The Special Use is subject to the following conditions: A. A variation of Section 17.36.050.A. of the Zoning Ordinance is hereby granted to waive the requirement for an off-street parking space for loading and unloading materials. 3 B. The proposed development, including but not limited to, the appearance and materials for the building, landscaping, outside lighting, signage and flagpoles, is subject to review and approval by the Village Appearance Commission and the Village Board. C. The development shall comply with the Village Development Ordinance, including execution of a Development Improvement Agreement. D. Owner shall provide easements as required by the Village for utilities, sidewalks and pathways and fire lanes. E. Owner shall enter into a cross-easement and shared maintenance agreement with the owner of the adjoining property to the east of the Property, and said agreement shall provide for public access and the construction of the driveway to IL Route 22 as depicted on EXHIBITS E and F attached hereto, and said easement is subject to review and approval by the Village. No certificate of occupancy shall be issued by the Village until said cross-easement and shared maintenance agreement is approved. F. Any changes or amendments to the plans approved herein are subject to Village approval, and the Village will determine if additional public hearings are necessary for proposed changes or amendments. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYS: 0 - None ABSENT: 0 - None PASSED: November 3 19917 APPROVED: November 4 1927 ATTEST: APPROVED: Village Clerk SIDNEY ATHIAS, Village President EXHIBIT A Legal Description SUNRISE ASSISTED LIVING North side of IL Route 22,west of Condell Acute Care Center Lot 1 of the resubdivision of Lot 2 in Woodland Commons Shopping Center and Commerce Center, being part of a subdivision in the northwest quarter of Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 5.0291-acre parcel on the north side of Illinois Route 22 west of the Condell Acute Care Center.