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1998-077 11/12/98 ORDINANCE 98- 77 FOURTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Burger King restaurant site Buffalo Grove Town Center shopping center (Phase 1 area of shopping center) West side of McHenry Road (Illinois Route 83), Ordinance approving an amendment to the Planned Unit Development, Approving a Preliminary Plan and Approving a Special Use for a restaurant with a drive-through service facility in the Commercial/Recreational Sub-district of the B-5 Town Center District 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 17.35 acres known as the Phase 1 Area (Lot 1) of the Buffalo Grove Town Center shopping center and legally described and identified in the legal description, which is attached hereto as 2 EXHIBIT A, which 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 restaurant building at the southeast area of the Phase 1 Area; and, WHEREAS, the Village has received a petition from Shelly Friedman, BNB Land Venture, Inc., (hereinafter referred to as the "Developer," requesting approval of an amendment to the Planned Unit Development, a Special Use for a restaurant with a drive-through service facility in the Commercial/Recreational Sub-district of the B-5 District and approval of a Preliminary Plan for the Phase 1 portion of Town Center designated for a restaurant building on the Preliminary Plan approved by Ordinance 95-75; and, WHEREAS, said site for the proposed restaurant is hereinafter referred to as the "Burger King Parcel;" and, WHEREAS, Developer proposes to purchase said Burger King Parcel and construct a restaurant with a floor area of 2,900 square feet with a drive-through service facility in accordance with and pursuant to a certain Conceptual Site Plan 3 (Preliminary Plan) as prepared by Thomas V. Scesniak Associates dated as last revised November 3, 1998 and attached hereto as EXHIBIT C and incorporated herein, and also a Site Utilities Plan (Preliminary Engineering Plan) prepared by a JAS Associates, Inc. dated October 29, 1998 and attached hereto as EXHIBIT D 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, including a variation of the Village's parking requirement for a mixed use shopping center, approval of a Special Use in the Commercial/Recreational Sub-district of the B-5 District and approval of a Preliminary Plan; and, ro. 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 4 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 Planned Unit Development approved by Ordinance 86-61 and Ordinance 95-75, approving a Special Use for a restaurant with a drive-through service facility in the Commercial/Recreational Sub-district of the B-5 District for the Burger King Parcel 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 Conceptual Site Plan attached hereto as EXHIBIT C and other exhibits attached hereto or incorporated by reference herein. 3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBITS C and D) 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 Burger King Parcel and the Phase 1 Area as submitted by the Owner and Developer provided that the Development Plan shall: (A) conform to the approved Preliminary Plan (EXHIBITS C and 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 approved Development Improvement Agreement (EXHIBIT B) as amended from time to time. 5 4. Compliance with Applicable Ordinances Owner and 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, 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. Owner and Developer, in the development of the Burger King parcel and Phase 1 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 Burger King Parcel and Phase 1 area to the extent that such ordinances or regulations would prevent development of the Preliminary Plan approved herein. 5. Amendment of Plan. If the Owner or 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 6 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 increases the total ground area covered by buildings by more than two percent (2%). 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 Owner or 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. Owner or Developer shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to properties 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 be extent shown on EXHIBIT D 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 building 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 Owner �4 and 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 sanitary sewers as necessary to service the Burger King Parcel, pursuant to EXHIBIT D. 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. 8 B. The Developer shall also construct storm sewers which may be necessary to service the Burger King Parcel and Phase 1 Area pursuant to EXHIBIT D. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. The Owner and Developer agree to operate and maintain that portion of the storm sewer system located on the Burger King Parcel and Phase 1 Area and not dedicated. 9. Drainage Provisions, The Owner and Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner or 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 Burger King Parcel and Phase 1 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. 9 1 1 . 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 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 - Buffalo Grove Town Center shopping center, Phase 1 (Lot 1) p EXHIBIT B Development Improvement Agreement EXHIBIT C Conceptual Site Plan (Preliminary Plan), Sheet AS-1, dated as last revised November 3, 1998 by Thomas V. Scesniak Associates EXHIBIT D Site Utilities Plan (Sheet 1 of 2) and Retaining Wall "X" Sections (Sheet 2 of 2) dated October 29, 1998 (Preliminary Engineering Plan) by JAS Associates, Inc. EXHIBIT E Conceptual Landscape Plan (Sheet L-1) dated October 28, 1998 by Thomas V. Scesniak Associates EXHIBIT F Exterior Elevations of Burger King building (Sheet A-2) dated June 18, 1998 by Thomas V. Scesniak Associates EXHIBIT G Equipment and Seating Plan of Burger King building (Sheet EQ-1 ) dated June 18, 1998 by Thomas V. Scesniak Associates EXHIBIT H Letter dated October 28, 1998 from Bill Ranek, Civil Engineer, Simon Property Group concerning parking at Buffalo Grove Town Center EXHIBIT I Site Plan and Leasing Plan dated October 27, 1998 of Buffalo Grove Town Center by Simon Property Group 10 12. Owner and 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, building materials and appearance, and the retaining wall and guardrail adjacent to the stormwater facility shall be compatible with surrounding areas and are subject to approval by the Appearance Commission and 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 Burger King Parcel is in the best interests of all the parties and requires their continued cooperation. The Owner and Developer do hereby evidence their intention to fully comply with all Village requirements, their willingness to discuss any matters of mutual interest that may arise, and their 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 11 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 Burger King 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 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: Shelly Friedman BNB Land Venture, Inc. 1020 Milwaukee Avenue Deerfield, IL 60015 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 12 Copy to: William G. Raysa, Esq. Raysa & Skelton 1 140 Lake Street, Suite 400 Oak Park, IL 60301 18. Special Conditions, A. A variation of Section 17.36.040 of the Buffalo Grove Zoning Ordinance is hereby granted to allow 1 ,170 parking spaces for the Buffalo Grove Town Center shopping center, including Phase 1 and Phase 2, pursuant to EXHIBITS H and I attached hereto.' In the event that the theater use in the Phase 1 Area is terminated, the shopping center shall comply with the standards of the Zoning Ordinance concerning required parking. In the event that any new uses are proposed for the shopping center that would not comply with the Village's parking standards, then such uses are subject to approval by the Village. B. Signs depicted on the attached EXHIBITS are not approved by this Ordinance. Said signage, lighting, final landscaping plans and building appearance and materials for the proposed Burger King restaurant, related improvements to the parking areas on the Property, and the appearance and materials of the retaining wall and guardrail adjacent to the stormwater facility on the Phase 1 Area of the Property are subject to review by the Village Appearance Commission and approval by the Village Board. 13 C. 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 - Marienthal, Rubin, Braiman, Glover NAYES: 0 - None ABSENT: 2 - Reid, Hendricks PASSED: November 16. 1998 APPROVED: November 16. 1998 ,a. ATTEST: A VED: lage Clerk SIDNEY H. MATHIAS Village President EXHIBIT A Legal Description FOURTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Burger King restaurant site Buffalo Grove Town Center shopping center (Phase 1 area of shopping center) West side of McHenry Road (Illinois Route 83), Lot 1 in the 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.