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1986-061 10/30/86 THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE 1. Applicable Law. 2 2. Enactment of Zonig& Ordinance. 2 3. Approval of Plats. 2 4. Com liance with Akplicable Ordinances. 3 5. Amendment of Plan. 3 6. Buildin Permit and Engineering Consultant Fees. 4 7. Water Provision. 4 8. Storm And Sanitary Sewer Provisions. 5 9. Drainage Provisions. 6 10. Developer Reca ture of Utility Costs. 6 11. Pa ent of Recapture Fees Owed. 7 12. Security for Public and Private Site Impxovements. 7 13. Exhibits. 7 14. Buildin , Landscaping and Aesthetics Plans. 8 15. Declaration of Condominium. 8 16. Facilitation of Development. 9 17. Enforceability of the Ordinance. 9 18. Binding Effect of Ordinance. 10 19. Corporate Capacities. 10 20. Notices, 10 21. S ecial Conditions. 10 10/30/86 ORDINANCE NO. 86- 61 THE TOWN CENTER 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, Town Center Associates, an Illinois General Partnership, is hereinafter referred to as "Developer"; and WHEREAS, this Ordinance regulates a certain tract of Property comprising approximately 55. 11 acres legally described and identified in the legal description, which is 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, Developer desires and .proposes.pursuant to the provisions and regulations applicable to the B-5 District of the Village Zoning Ordinance to develop Property in accordance with and pursuant to a certain Preliminary Site Plan prepared for Town Center Associates, and dated as last revised November 1, 1986 attached hereto and made a part hereof as EXHIBIT C and also Preliminary Engineering Plan prepared by Haeger & Associates, Inc., and dated as last revised November 1, 1986 attached hereto and made a part hereof as EXHIBIT D (EXHIBIT C and EXHIBIT D are hereinafter jointly referred to as the "Preliminary Development Plan"), and subject to all other exhibits attached hereto or incorporated by reference herein. 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 and findings pursuant to Section 17.44.060.F.5.c. (iii) of the Zoning Ordinance with respect to the requested zoning classification in the B-5 District with a special use for a 1 mixed commercial/office occupancy in the commercial/recreational sub-district; 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 ns to control the 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 as follows: 1. Applicable Law. This Ordinance is made pursuant to and in accordance with the provisions of Section 17.44.060 of 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 Zoning Ordinance. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a Planned Unit Development for the Property legally described on EXHIBIT A with a special use for a mixed commercial/office occupancy in the commercial/recreational sub-district in the B-S Zoning 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 Site Plan prepared for the TOWN CENTER ASSOCIATES, and dated November 1, 1986 (EXHIBIT C) , and the Preliminary Engineering Plan prepared by Haeger & Associates, Inc. and dated November 1, 1986 (EXHIBIT D) . Said plans include a senior citizen/elderly housing facility in the residential sub-district. 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Development Plan (EXHIBITS C & D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Plat of 2 Subdivision 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 Development Plan, (EXHIBITS C & D) ; 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 B) as amended from time to time. 4. Compliance with Applicable Ordinances. The Developer agrees to 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. S. Amendment of Plan. If the Developer desires to make changes in the Preliminary Development Plan, as herein approved, the parties agree that such changes in the Preliminary Development 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 Development Plan. The Village Manager is hereby 3 authorized to approve such minor changes as he deems appropriate, provided that no such change: (a) involves a reduction of the area set aside for common open space; nor (b) increases by more than two percent (2%) the floor area proposed for nonresidential use; nor (c) increases by more than two percent (2%) the total ground area covered by buildings. 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. 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 D are hereby approved by the Village, however, it is understood 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 Development Plan. Watermains serving the 4 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 agree to cooperate with the Developer and to 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 and to the Illinois Department of Transportation 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 D, 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 agree to operate and maintain such systems, 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 on the Property in question any storm sewers which may be necessary to service the Property, as per EXHIBIT D, 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 agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple 5 properties. The Developer agrees to operate and maintain the balance of the system and the storm sewer system located on the subject Property as delineated in Paragraph 21I and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 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. Developer Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be constructed and installed by the Developer to serve the proposed development on the Property (hereinafter referred to as "Developer's Improvements") may be required by the Village to be so located and/or oversized as to benefit vacant neighboring properties not owned by the Developer, thus making such utility service available thereto. The Corporate Authorities agree to adopt an ordinance and take such other action as may be necessary to permit the Developer to recapture from such vacant neighboring property owners as may be benefitted by the Developer's Improvements, that portion of the actual costs of oversizing the construction and installation of Developer's Improvements, in such proportionate amounts from such neighboring property owners as may be so benefitted as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Developer agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with 6 the Developer in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 11. Pa ent of Recapture Fees Owed. Any amount of recapture required to be paid by this Property shall be due and payable upon final platting of this development. 12. 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 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. 13. 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 designed as shown below. This Ordinance, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. 7 EXHIBIT A Legal Description EXHIBIT B Development Improvement Agreement EXHIBIT C Preliminary Site Plan (C-1 through C-12 and C-14 through 15) EXHIBIT D Preliminary Engineering Plan (D-1 through D-4) EXHIBIT E-1 Uniform Signage Program (6 sheets) EXHIBIT E-2 Site Lighting Fixtures (8 sheets) EXHIBIT F-1 Buildings Elevations (7 sheets) EXHIBIT F-2 Buildings Elevations Photographs (4 sheets) 14. Building, Landsca2ing and Aesthetics Plans. Developer will submit building and landscaping plans (which landscaping plans shall conform to the requirements 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 as determined by the Village Manager. 15. Declaration of Condominium. In the event that any portion of the Property shall be developed under the Illinois Statutes relating to condominiums, the condominium covenants, conditions and restrictions shall include a provision whereby the Village shall have the right, but not the obligation, to enforce covenants or obligations of the association or the owners of the units as defined and provided within the Declaration of Condominium, and further shall have the right, upon thirty (30) days prior written notice specifying the nature of a default, to enter upon common open spaces and cure such default, or cause the same to be cured at the cost and expense of the association of the owner or owners thereof. The Village shall also have the right to charge or place a lien upon the property of the condominium association 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 approval of the Village. Prior to recording, the finalized Declaration of Condominium shall be submitted to the Corporate Authorities 8 for their approval. Said Declaration shall include, but not by way of limitation, the following covenants and obligations: to maintain the common areas pursuant to Village of Buffalo Grove Ordinances and in a neat and orderly manner. This paragraph 15 shall also apply to the Property even if the Property is not submitted to the Illinois Condominium Act in that the requirements hereunder shall also apply to any homeowners association or covenant or restriction of record for common area parcel(s) which serve one or more units. 16 . 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 in the best interests of all the parties 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. 17. 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. 9 18. Binding Effect of Ordinance. This Ordinance shall be binding upon the parties hereto, their respective successors and assigns. 19. 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. 20. 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: Stanley B. Lieberman Town Center Associates 400 West Dundee Road Buffalo Grove, IL 60089 Copy to: Marc Schwartz Batler, Capitel & Schwartz 400 West Dundee Road Buffalo Grove, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa Bloche' , French & Raysa 1011 Lake Street Oak Park, IL 60301 21. S ecial Conditions. A. The following variations are hereby granted from the Buffalo Grove Development Ordinance. Section 16.50.030.D.13. Minimum ground cover over the sewer shall be 1.5 feet rather than 3.0 feet as long as RCP Class IV sewer pipe is used. 10 This only applies to the area north of the ridge line as identified on EXHIBIT D. Section 16.50.030.E.1.c. The oversized storm sewer pipe as identified in paragraph 21J providing detention for the park area shall be allowed to be constructed with a corrugated metal pipe as opposed to a reinforced concrete pipe subject to said pipe being privately maintained and a covenant shall be recorded to this effect. Section 16.50.040.C.3. Detention basin side slopes may be constructed at a 4 to 1 slope as opposed to a 6 to 1 slope. Section 16.50.040.C.4. Permanent ponds shall be designed pursuant to the Preliminary Engineering Plan as long as they are privately maintained and a covenant shall be recorded to this effect. Section 16.50.040.D. Buildings may be allowed to be built closer than 25 feet from the high water line, however, the vertical clearance of 2.5 feet shall be required. Section 16.50.060.B.1.d. and 16.50.060.B.7. No more than one residential building shall be allowed to be served by one water service connection. Section 16.50.070.D. Public streets as depicted on EXHIBIT C-15 shall not be required to provide standard right of way. Pavement design for the public streets identified on EXHIBIT D-4 shall be in compliance with the Development Ordinance. All remaining public streets as depicted on EXHIBIT C-15 shall be built to private parking lot standards. The Developer hereby indemnifies the Village for any and all liability to any third party for personal injury or property damage and of any other responsibility for any public improvement within within the development. The Village shall have an 11 easement for the purposes of installation and maintenance of private and public utilities, sidewalks/bicycle paths, street maintenance, snow and ice control, public safety access, related landscaping and site lighting, signs, street furniture, and public access to publicly owned facilities. ' Said easement shall extend to the entire Property specifically excluding all privately owned buildings and a covenant shall be recorded to this effect. Section 16.50.080.A. 1. Sidewalks shall be required as depicted on EXHIBIT C-1. Section 16.50. 130.B. 1. Ponding of not more than 12 inches may be allowed in the event of a complete failure of the storm sewer system in the parking lot areas only. B. Upon request of the Village, the Developer agrees to pay the cash equivalent (at the date of the request) to the Village of Buffalo Grove for the street improvements to Buffalo Grove Road as shown on EXHIBIT D rather than the actual construction. If this request is not made by the Village, the Developer may begin construction of the improvements upon thirty (30) days notice to the Village. Said notice shall not be served prior to May 1, 1987. In addition, the Developer shall pay his proportionate share of the costs for improvements to Illinois Route 83 as provided in Ordinance #85-87. C. The Developer hereby acknowledges that the Village has the right to enforce the maintenance provisions of Section 17.44.060.E.8.h. of the Buffalo Grove Zoning Ordinance. D. Upon request of the Village, the 1} acre Village Green parcel as shown on EXHIBIT C-1 shall be dedicated to the Village by warranty deed, however, said parcel and improvements shall be privately maintained and shall have a covenant prepared to that effect prior to deeding said parcel to the Village. The Village in turn may grant at its discretion, limited use of 12 said parcel. Grading, seeding and development of said parcel including the gazebo/bandshell shall be completed within twenty-four (24) months of final platting. The Village shall have the right of approval for the development of said parcel which said approval shall not be unreasonably withheld. E. Construction of the entire Property shall be fully and finally completed by no later than September 30, 1990. F. The location of the southern driveway access to IL Route 83 shall be permitted subject to receiving an IDOT permit for a roadway design on IL Route 83 sufficient to accommodate 398 left turn movements from southbound IL Route 83 to eastbound Lake-Cook Road and 125 left turn movements from northbound IL Route 83 into said Town Center driveway. If said permit is not obtained, a revised driveway location plan shall be submitted for review and approval of the Corporate Authorities. G. Preliminary Plan approval shall be subject to the Developer receiving a variation for a landscaped area between commercial and residential property of less than 25 feet but at least 12 feet. H. The pavement (including curb and gutter and any utility structures) denoted on EXHIBIT C, shall be maintained by the Developer at their expense. These public streets shall be maintained or reconstructed at the same level as all other Village owned streets which are comparably designed and constructed. To determine what maintenance is required, these streets shall be included in the Village-wide pavement evaluation program. The Developer shall perform the maintenance recommended by the evaluation at the time prescribed. The Village shall have the right, but not the obligation, to perform the maintenance as indicated and file a lien against the Property. I. The storm sewers indicated on EXHIBIT D-2 as 60" CMP, while draining public streets and multiple properties, shall be the maintenance 13 responsibility of the Developer. This maintenance shall include routine inspection, cleaning and repairs necessary to operate the storm sewer in accordance with Village Ordinances. J. Public and Private Maintenance. (1) The Developer shall maintain the Village Green and original structures thereon but shall not be responsible for capital improvements to the gazebo or casualty losses to the gazebo which shall be covered by Village insurance. Standards of maintenance shall be equal to the maintenance of the Property. (2) Developer shall maintain and repair all public improvements except for the water main, sanitary and storm sewers set forth respectively in paragraphs 7 and 8 hereof. Said public improvements shall be maintained, repaired, or reconstructed at the same level as all other Village owned public improvements which are comparably designed and constructed. (3) Developer shall furnish snow removal, landscaping, waste removal and other similar maintenance services with respect to the Property. (4) Developer shall cause a covenant to be recorded against the Property providing for its responsibilities under this paragraph 21J. The Village shall have the right, but not the obligation, to enforce the covenant and shall have the right, upon thirty (30) days prior written notice specifying the nature of default, to enter upon the Property and cure such default, or cause the same to be cured at the cost and expense of the Property. 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 covenant. 14 (K) To offset direct municipal costs incurred by the Village during the period of the Tax Increment Allocation Revenue Bonds, Series 1986 (TIF) , the Developer agrees to the following: (1) Developer shall establish and maintain with the Village a $130,000 allowance per year to be used by the Village to compensate for direct service costs incurred. The maximum chargeable costs to the Developer shall be $130,000/annum and at no time shall the fund fall below $50,000. (2) The Village and Developer shall at time of Development Improvement Agreement enter into a written agreement to administer this fund. (3) Once the TIF obligation is fully funded, Developer's obligation to maintain said account shall terminate. . 22. This Ordinance shall be in full force and effect from and after its passage. This Ordinance shall not be codified. AYES 4 - Marienthal, Glover, Reid,Shields NAYES: 2 - O'Reilly, Kowalski ABSENT 0 - None PASSED November 3 1986 APPROVED November 3 1986 APPROVED: ATTEST: v 15 VILLAGE OF BUFFALO //GROVE ORDINANCE NO. - (a ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS �� DAY OF 19d%. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Ill:ulois, this day of 4,,11,1U�/ ez. 19 ?Village Clerk