1998-009 2/17/98
ORDINANCE 98-9
THIRTEENTH AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE
Eagle Food Store, Phase 2 area of
Buffalo Grove Town Center shopping center
Table of Contents
1 . Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . 3
3. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . 4
5. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . 7
9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
10. Security for Public and Private Site Improvements. . . . . . . . . . . 8
11 . Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . 9
13. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . 10
14. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . 10
15. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . 11
16. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
19. Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
G:\P F E I L\P R O J C U R R\TC N EA G L E.T-C
2/17/98
ORDINANCE 98-9
THIRTEENTH AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE
Eagle Food Store, Phase 2 area of
Buffalo Grove Town Center shopping center
(Parcel of 2.5 acres at north end of Town Center shopping center
West side of McHenry Road ( Illinois Route 83),
South of Pauline Avenue
Ordinance approving an amendment to the
Planned Unit Development,
Approving a Special Use for a supermarket
in the Commercial/Recreational Sub-district
of the B-5 Town Center District
and approval of a Preliminary Plan
WITNESSETH:
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, Buffalo Grove Joint Venture, an Indiana General Partnership,
(hereinafter referred to as the "Owner") is the owner of a certain tract of property
(hereinafter referred to as the "Property") comprising 8.82 acres known as Phase 2
Area of the Buffalo Grove Town Center shopping center and legally described and
identified in the legal description, which is attached hereto as EXHIBIT A, which
2
exhibit is made a part hereof and which real estate is within the corporate limits of
the Village; and,
WHEREAS, said Property was zoned in the B-5 District Commercial/
Recreational Sub-district by Ordinance 86-61, dated November 3, 1986, as part of
a Planned Unit Development and approval of a Preliminary Plan dated November 1 ,
1986 and later approved with revisions on April 27, 1987; and,
WHEREAS, the Village passed Ordinance 95-75 dated July 24,1995
approving various changes to the approved Preliminary Plan of the Town Center
shopping center, including conceptual approval for a 60,000 square foot retail
building at the north end of the Phase 2 Area; and,
WHEREAS, the Village has received a petition from Eagle Food Centers, Inc.
(hereinafter referred to as the "Developer," requesting approval of an amendment to
the Planned Unit Development, a Special Use for a supermarket in the Commercial/
Recreational Sub-district of the B-5 District and approval of a Preliminary Plan for
the area in the Phase 2 portion of Town Center designated for a 60,000 square
foot retail building on the Preliminary Plan approved by Ordinance 95-75; and,
WHEREAS, said site is an approximately 2.5-acre portion (hereinafter referred
to as the "Eagle parcel") of the 8.82-acre Property, and said site is legally described
and identified in EXHIBIT A-1 , attached hereto and made a part hereof; and,
WHEREAS, Developer proposes to purchase said Eagle parcel and construct a
supermarket (food store) with a floor area of 56,192 square feet and a maximum
height of 32 feet in accordance with and pursuant to a certain Preliminary Site Plan
as prepared by Groundwork, Ltd. Dated as last revised February 2, 1998 and
3
attached hereto as EXHIBIT D and incorporated herein, and also a Preliminary
Engineering Plan prepared by Intech Consultants, Inc. dated December 4, 1997 and
attached hereto as EXHIBIT E and incorporated herein, and subject to all other
exhibits attached hereto or incorporated by reference herein.
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations pursuant
to the requested amendment of the Planned Unit Development, approval of a
Special Use in the Commercial/Recreational Sub-district of the B-5 District and
approval of a Preliminary Plan; and,
WHEREAS, the President and Board of Trustees of the Village (sometimes
hereafter referred to as the "Corporate Authorities") after due and careful
consideration have determined 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:
1 . Applicable Law. 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.
2. Enactment of Zoning Ordinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance, approving an amendment of the
4
Planned Unit Development approved by Ordinance 86-61 and Ordinance 95-75,
approving a Special Use for a supermarket in the Commercial/Recreational Sub-
district of the B-5 District for the approximately 2.5-acre parcel as depicted in
EXHIBIT A-1 and approving a Preliminary Plan subject to the conditions contained
herein and in compliance with 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 the Preliminary Site Plan
attached hereto as EXHIBIT D and other exhibits attached hereto or incorporated by
reference herein.
3.,-- Approval of Plans. The Corporate Authorities hereby approve the
Preliminary Plan (EXHIBITS D and E) pursuant to the provisions of the Development
Ordinance. ° The Corporate Authorities agree to approve a Development Plan
(including a plat of subdivision) based on final versions of the plans and drawings of
the development of the Eagle parcel and Phase 2 Area as submitted by the
Developer provided that the Development Plan shall:
(A) conform to the approved Preliminary Plan (EXHIBITS D and E), 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 approved Development Improvement Agreement
(EXHIBIT B) as amended from time to time.
4. Compliance with Applicable 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,
5
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 Eagle parcel and Phase 2 Area, shall comply with the standards set forth in
the Village of Buffalo Grove Development Ordinance as amended from time to time.
Notwithstanding the foregoing, the Village shall not apply new ordinances or
regulations to the Eagle parcel and Phase 2 area to the extent that the ordinances
or regulations will prevent development of the Preliminary Plan approved herein.
5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in the
Preliminary 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 Plan. The Village Manager is hereby 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
6. Building Permit 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
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.,A Water Provision. The Developer shall be permitted and agrees to tap
on to theNillage water system at points recommended by the Village Engineer
which points to be extent shown on EXHIBIT E 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 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 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
7
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 Department of
Public Works 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 Eagle parcel and Phase
2 Area, pursuant to EXHIBIT E. It is understood, however, 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 storm sewers which may be
necessary to service the Eagle parcel and Phase 2 Area pursuant to EXHIBIT E. It is
understood, however, that changes to the Preliminary Engineering Plan may be
required at the time of Final Engineering. The Developer agrees to operate and
8
maintain that portion of the storm sewer system located on the Eagle parcel and
Phase 2 Area and not dedicated.
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. Security 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 Eagle parcel and Phase 2 Area 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.
11 . Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearings 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
9
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 to the
parties hereto.
EXHIBIT A Legal Description - Phase 2 portion of Town Center
shopping center
EXHIBIT A-1 Legal Description of 2.5-acre parcel to be conveyed to
for Eagle Food Centers, Inc. to develop the proposed
Eagle supermarket
EXHIBIT B Development Improvement Agreement
EXHIBIT C Site and Zoning Information Sheet dated February 2,
1998 by Groundwork, Ltd.
EXHIBIT D Preliminary Site Plan dated as last revised February 2,
1998 by Groundwork, Ltd.
EXHIBIT E Preliminary Engineering Plan dated December 4, 1997 by
Intech Consultants, Inc.
EXHIBIT F Conceptual Landscape Plan dated January 29, 1998 by
Pugsley and LaHaie, Ltd.
EXHIBIT G Color perspective rendering of proposed supermarket
(no date) by Shive Hattery
EXHIBIT H Building elevations dated February 2, 1998 by Shive
Hattery
12. Building, Landscaping 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.
Lighting, signage and building materials and appearance shall be compatible with
surrounding areas and are subject to approval by the Appearance Commission and
10
the Corporate Authorities. Areas not under construction or completed shall be
maintained in a neat and orderly fashion as determined by the Village Manager.
13. 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 Eagle parcel is in the best interests of all
the parties and 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.
14. 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.
15. Binding Effect of Ordinance. This Ordinance shall be binding upon the
Property, including the Eagle parcel, the parties hereto and their respective
grantees, successors and assigns.
16. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities are
11
enacting this Ordinance in their official capacities as members of such group and
shall have no personal liability in their individual capacities.
17. 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 Owner: Buffalo Grove Joint Venture
115 W. Washington Street
Indianapolis, IN 46204
If to Developer: Larry Sanford
Eagle Food Centers, Inc.
P.O. Box 6700
Rock Island, IL 61204
Copy to: Marc K. Schwartz
Marc K. Schwartz and Associates
314 N. McHenry 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, Esq.
Raysa & Skelton
1 140 Lake Street, Suite 400
Oak Park, IL 60301
18. Special Conditions.
A. Deliveries to the supermarket shall be between the hours of
7:00 a.m. to 10:00 p.m. and refuse collection shall be between
the hours of 7:00 a.m. to 5:00 p.m. Truck tractors and trailers
shall not be stored on the Eagle parcel or any other area of the
12
Property. Delivery vehicles shall not park or wait in the access
roads north and west of the Eagle building.
B. The Engineering Plan attached hereto as EXHIBIT E shall be
revised to conform to the Preliminary Site Plan attached hereto
as EXHIBIT D. Fire hydrants shall be depicted as directed by the
Village Engineer.
C. Notwithstanding the directional arrows on EXHIBIT D depicting
one-way traffic flow, delivery vehicles accessing the loading
area as depicted on EXHIBIT D shall only enter and exit the
Property via the Pauline Avenue intersection at IL Route 83 and
use only the access road on the north side of the Eagle building.
In order to implement said restricted access, Developer shall
modify the access road on the north side of the Eagle building
as directed by the Village.
D. Easements as required by the Village for utilities, sidewalks and
pathways and fire lanes and easements allowing public ingress
and egress between the Eagle parcel and the Phase 2 area shall
be provided with the plat of subdivision, and said easements
are subject to review and approval by the Village.
E. Signs depicted on the attached EXHIBITS are not approved by
this Ordinance. Said signage, final landscaping plans and
building appearance and materials for the proposed Eagle
supermarket and related improvements on the Eagle parcel and
13
Phase 2 Area are subject to review by the Village Appearance
Commission and approval by the Village Board.
F. Developer shall construct a continuous parapet wall to screen
rooftop equipment on the Eagle supermarket building, and said
parapet screening is subject to review and approval by the
Village.
G. Developer shall provide striping for turn lanes on Town Place
Parkway at the intersection with Pauline Avenue and other
necessary striping on the circulation roads serving the Phase 2
Area as directed by the Village Engineer.
H. During the period of construction of the Eagle supermarket and
related site improvements depicted on the attached EXHIBITS,
construction vehicles and equipment shall enter and exit the
Property from Illinois Route 83 and not through the Town Place
residential area.
I. Developer shall install streetlights along both sides of Illinois
Route 83 from Bank Lane to 1000 feet north of Pauline Avenue
as directed by the Village Engineer.
J. The purpose of the following restriction is to ensure that the
refuse and loading areas are maintained in a clean, sanitary and
orderly condition. Except as set forth in Paragraph K., there shall
be no outside placement or storage of any materials including,
but not by way of limitation, pallets, storage containers, trays,
14
merchandise or waste materials, in the areas depicted as
"refuse" and "loading"on EXHIBIT D or in adjacent areas.
K. In the "refuse" area depicted on EXHIBIT D a compactor with an
attached sealed-bin refuse container shall be installed and
connected to the Eagle building. Said compactor shall be loaded
from inside the Eagle building and said bin shall not be open to
the outside.
L. The provisions of Ordinance 86-61 and Ordinance 95-75 remain
in full force and effect for the Property unless specifically
modified by this Ordinance.
19. 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 - Rubin Braiman Hendricks Glover
NAYES: 1 - Marinethal
ABSENT: 1 - Reid
PASSED: Febrgary 17 1228
APPROVED: February 17 1998
ATTEST: Z 0 D:
iJ-�.ri.tCt,rt�
Vill Clerk SID . ATHIAS
Village President
G:IPFEILIPROJCURRITCNEAGLE.ORD
EXHIBIT A
Legal Description
THIRTEENTH AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE
Phase 2 area
of Town Center shopping center
Lot 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 8.8244 acres.
EXHIBIT A-1
Legal Description
THIRTEENTH AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE
Parcel to be conveyed to Eagle Food Centers, Inc.
Phase 2 area
of Town Center shopping center
G:\PFEIL\PROJCURR\TCEAGLEAA1
EXHIBIT C
EAGLE FOOD STORE FEB 0 4 1998 February 2, 1998
BUFFALO GROVE TOWN CENTER GW#C168
SITE AND ZONING INFORMATION PLANNING SERVICFP
ZONING: Commercial/Rec. Subdistrict Existing to remain B-5
SITE AREA: Gross: (Subject Area) 384,190 SF 8.82 Acres
USES: Existing: Office/Commercial
Proposed: Food Store
F.A.R.: Allowable (By Subdistrict)
Commercial 192,095 SF 0.50
Proposed: Existing Office 13,636 SF
Existing Commercial 20,323 SF
Proposed Food Store 56,192 SF
Total 90,151 SF 0.24
LOT COVERAGE: Allowable: 153,676 SF 0.40
Proposed: Existing Building 21,981 SF
Proposed Food Store 56,192 SF
Total 78,173 SF 0.20
BUILDING HEIGHTS: Allowable: 75'
Proposed: 32'
YARDS: Buildings: Arterial Roads
Required: 35'
Proposed: 54'
Adjacent to Residential
Required: 25'
Proposed: 60'
Parking Setbacks: Required: 20'
Proposed: 20'
PARKING: Existing: 253 Spaces
(Subject Area)
Required: Ex. Office(13,636 SF/300) 46
Ex. Commercial (20,323 SF/220) 92
Prop. Food Store (56,192 SF/220) 256
Total 394 Spaces
Proposed: 415 Spaces
" NOTE: Location of existing west parking to remain unchanged.
GROUNDWORK LTD.
ARLHITELTSIPLANNER5/ENGINEERS
1051 PERIMETER DRIVE,SUITE 1110
SCHAUMBURG,ILLINOIS,60173 GIN
847.413.0300 • PAX 847.413.0314
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. z_
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROV p'
THIS �`� DAY OF 19�0.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this day of !, /— 19
Village Clerk
By
ieputy Village Clerk