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1995-075 7/24/95 ORDINANCE NO. 95- 75 TENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE (Theater and Retail Center - Phase I and II) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, Buffalo Grove Joint Venture, an Indiana General Partnership, (hereinafter referred to as "Owner"), is the Owner of a certain tract of property legally described in EXHIBIT A attached hereto, 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, the Property was zoned in the Village of Buffalo Grove by Ordinance 86-61 , dated November 3, 1986, which zoned the Property as part of a Planned Unit Development in the B-5 District, with the Property being zoned in the B-5 Commercial/Recreational Sub-District with approval of a Preliminary Plan dated November 1 , 1986 and later approved with revisions on April 27, 1987; said plan depicts a retail shopping center with a total floor area of 218,345 square feet to be constructed in two phases; and, WHEREAS, the Village approved Ordinance 91-44 on March 18, 1991 amending Ordinance 86-61 to allow a revision to the Preliminary Plan for a building of approximately 60,600 square feet and an adjoining building of approximately 4,000 square feet pursuant to the Preliminary Plan dated March 12, 1991 , also known as EXHIBIT C to Ordinance 91-44; and, 1 WHEREAS, the buildings approved by Ordinance 91-44 were not constructed and the Owner submitted to the Village a revised overall Town Center site plan (Number 48) dated November 30, 1993 approved by the Village as EXHIBIT B to Ordinance 94-23 approved on April 18, 1994, and said EXHIBIT B proposed modifications to Phase II of the retail center to construct a theater with approximately 995 seats and a future expansion of approximately 800 seats; and, WHEREAS, the modifications approved by Ordinance 94-23 have not been constructed and the Owner has submitted to the Village a revised Preliminary Plan (site plan) attached hereto as Group Exhibit B consisting of the following documents: EXHIBIT B Existing Site Configuration (Sheet CP 6) dated July 19, 1995 EXHIBIT B-1 Proposed Site Configuration (Sheet DP 52B) dated July 19, 1995 EXHIBIT B-2 Proposed Site Configuration (Sheet DP 52a) dated July 19, 1995; WHEREAS, EXHIBITS B-1 and B-2 propose a total retail building area of 90,845 square feet in Phase I (not including the theater), a theater of 1,096 seats in a portion of the Phase I retail building, a total retail building area of 80,923 square feet in Phase II including construction of a 60,600 square foot retail anchor building in the Phase 11 portion of the shopping center , office use in Phase II of 13,636 square feet, and provision of 1 ,269 parking spaces on the Property to serve uses at the Buffalo Grove Town Center shopping center; and, WHEREAS, the Village has reviewed Group Exhibit B concerning proposed revisions to the Town Center Preliminary Plan and determined that it can be approved as an amendment to the Planned Unit Development subject to the conditions of this Ordinance without a public hearing; and, 2 WHEREAS, the Owner has submitted the Parking Demand Analysis dated as last revised July 12, 1995 by John Collins Engineers attached hereto as EXHIBIT C to verify that off-street parking will be provided in accordance with standards of the Village Zoning Ordinance to serve the retail, theater and office uses on the Property; 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 amending the Town Center Planned Unit Development pursuant to EXHIBITS B-1 and B-2 hereto subject to the following: a. Owner shall design, bond for and construct all modified and new parking required to provide the parking depicted on EXHIBITS B-1 and B-2 as follows: I. Owner shall install all of the parking in Phase I depicted on EXHIBITS B-1 and B-2 prior to issuance of a certificate of occupancy by the Village for the theater. 3 ii. Owner shall install all of the Phase II parking depicted on EXHIBITS 13-1 and B-2 prior to issuance of a certificate of occupancy by the Village for the Proposed Anchor #1 (60,600 square feet). iii. The design plan for modification and construction of the parking depicted on EXHIBITS B-1 and B-2 shall include a landscape plan, and said plans are subject to Village approval. iv. The design plan for modification and construction of the parking depicted on EXHIBITS B-1 and B-2 shall indicate that the 15 parking spaces in Area A directly north of the retention pond shall be reserved for future construction, and the plan shall provide a circulation road in this area, with curbing and guard rails as approved by the Village. The design plan for proposed parking shall indicate that the 25 planned spaces in Area E directly north and west of the Binny's Beverage Depot building space shall be reserved for future construction. If the Village determines that the 15 parking spaces in Area A and the 25 parking spaces in Area E reserved for future construction are needed to serve uses on the Property, said parking shall be constructed by the Owner at the direction of the Village. b. The depiction on EXHIBITS B-1 and B-2 of Out Parcel #1 (maximum building of 3,000 square feet) in Phase I and Proposed Anchor #1 (60,600 square feet) in Phase II is conceptual, and specific uses, site plans, landscaping and parking and access location and design are subject to approval by the Village. Village approval includes, but is not limited to, 4 building materials, floor plans, elevations and signage. Any roof-top mechanical equipment shall be screened as approved by the Village. C. If the Village determines that additional parking is required to serve uses in Phase I, Owner shall provide said additional parking. No building permit for Out Parcel #1 in Phase I will be issued by the Village until an evaluation of actual parking demand for uses in Phase I, including the theater, has been reviewed and approved by the Village. d. Owner shall construct a bikepath on the west and north sides of the Property and shall coordinate with the developer of the Town Place residential project concerning the construction of said bikepath adjacent to the wall previously approved pursuant to the Town Place Preliminary Plan approved by Ordinance 88-89. Said bikepath shall be constructed prior to issuance of a certificate of occupancy for the theater. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 1 - Marienthal PASSED: July 24 1995 APPROVED: July 24, 1995 APPROVED: SIDNEY H. MATHIAS Village President ATTEST: GA'41 ti- 1 age Clerk 5 EXHIBIT A TENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Legal Description Lots 1 and 2 of Buffalo Grove Town Center Unit 1 being a subdivision of part of the Southwest Quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County, Illinois having an area of approximately 26.17 acres.