2000-043 -4s84IL T X
Filed for Record in:
LAKE COUNTY/ IL
NARY ELLEN VANDERVENTER - RECORDER
On Sep 20 2000
At 11:06a■
Receipt #: 250920
Doc/Type : ORD
8/7/2000 Deputy - Cashier #6
ORDINANCE 2000 - 43
SIXTEENTH AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE
Belmont Village Assisted Living Facility for the elderly
and commercial outlot
(Parcel of 6.12 acres north of Town Place Circle/Parkway between
Buffalo Grove Road and Illinois Route 83)
Ordinance approving an amendment to the Planned Unit Development,
redesignation of Parcel A from the B-5 Commercial/Recreational
Sub-district to the Residential Sub-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 approximately 6.12 acres legally described and identified in the legal
description which is attached hereto as EXHIBIT A,which exhibit is made a part hereof and which
real estate is within the corporate limits of the Village; and,
WHEREAS, BelmontCorp, (hereinafter referred to as the "Developer") is the contract
purchaser of the 6.12—acre Property as described in EXHIBIT A; and,
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WHEREAS, the Property has been further defined in the legal description attached hereto
as EXHIBIT A-1 to identify Parcel A(4.5 acres proposed for the Belmont Village Assisted Living
Facility) and Parcel B (1.62-acre"Outlot" proposed for commercial/restaurant use); and
WHEREAS, the Property was zoned in the B-5 District Office Sub-District by Ordinance 86-
61, dated November 3, 1986, which zoned the Property as part of a Planned Unit Development, with
approval of a Preliminary Plan dated November 1, 1986 proposing approximately 104,000 square
feet of office space for the Property; and, J,
WHEREAS, the Property was redesignated to the Commercial/Recreational Sub-district by
Ordinance 97-22 dated March 3, 1997, which approved an amendment to the Planned Unit
Development,with approval of a Preliminary Plan dated January 29, 1997 to allow the construction
of a hotel with 150 rooms and a maximum height of 65 feet,a banquet facility of 21,600 square feet
and a maximum height of 32 feet and a parking structure for 200 vehicles; and,
WHEREAS,neither the office development approved by Ordinance 86-61 nor the hotel and
banquet facility approved by Ordinance 97-22 have been constructed, and the Village has received
a petition from the Developer requesting approval for Parcel A (4.5 acres) of an amendment to the
Planned Unit Development, redesignation to the Residential Sub-district of the B-5 District and
approval of a Preliminary Plan, including certain variations of the Village Development Ordinance
and Zoning Ordinance; and,
WHEREAS,Developer proposes to construct an assisted living facility with 158 residential
units for elderly residents on Parcel A. Said facility will consist of a three-story building with a
height of 48.5 feet to the top of roof(maximum height of 64.5 feet at cupola) and a floor area of
approximately 102,571 square feet in accordance with and pursuant to a certain Preliminary Site Plan
as prepared by Allen L. Kracower and Associates, Inc. dated as last revised August 1, 2000 attached
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hereto as EXHIBIT C and incorporated herein, and also a Preliminary Engineering Plan prepared
by Cowhey Gudmundson and Leder dated as last revised August 3, 2000 attached hereto as
EXHIBIT D and incorporated herein (the Preliminary Site Plan and Preliminary Engineering Plan
are sometimes referred to collectively herein as the "Preliminary Plan"), and subject to all other
exhibits attached hereto or incorporated by reference herein.
WHEREAS, Developer proposes to designate Parcel B (1.62 acres) of the Property,
designated as the "Outlot" on the Preliminary Site Plan (the "Outlot"), for the development of a
Culver's restaurant or other commercial use having a floor area not to exceed 8,000 square feet
subject to approval by the Corporate Authorities, as hereinafter defined; and
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, redesignation to the Residential Sub-district of the
B-5 District, approval of a Preliminary Plan and approval of variations of the Village Zoning
Ordinance and Development Ordinance for Parcel A concerning the proposed Belmont Village
Assisted Living Facility; and,
WHEREAS, the Plan Commission of the Village has found that the requirements for a
Special Use and Planned Unit Development as set forth in Chapter 17.28 and Section 17.44.060 of
the Village Zoning Ordinance have been satisfied; and,
WHEREAS,the President and Board of Trustees of the Village(sometimes hereafter referred
to as the "Corporate Authorities") have determined and hereby make findings of fact that the
proposed assisted living facility to be constructed on Parcel A of the Property will create a financial
impact on the Village in the form of additional residents and a new building that will use Village
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infrastructure and other Village services, and that this financial impact would be mitigated by the
development of a restaurant or other commercial use on Parcel B (Outlot) of the Property; and
WHEREAS the Corporate Authorities further find that the proposed development satisfies
all the standards as set forth in La Salle National Bank v. County of Cook, 12 Ill. 2d. 40, 145 N.E.
2d. 65 (1957): and Sinclair Pipe Line Co. v. Village of Richton Park, 19111. 2d. 370, 167 N.E. 2d.406
(1960) as follows:
1. The proposed uses and zoning are consistent with the existing uses and
zoning of nearby property. The Town Place residential area of condominiums
and townhomes is adjacent to the Property on the south. The Cherbourg
townhomes are east of the Property and the Wellington Hills single-family
homes are located to the west. The proposed assisted living facility for the
elderly on Parcel A is residential in character and is consistent with an
established area of condominiums,townhomes and single-family homes.
A commercial/restaurant use on Parcel B (the Outlot) is consistent
with the Town Center existing commercial shopping center use to the
south.
2. Property values will not be diminished by either the rezoning of
Parcel A or the conditions applied to the Outlot. The mid-rise
residential architectural design of the assisted living facility provides
an excellent transition between the neighboring residential areas and
the Town Center retail area and will tend to enhance property values.
The landscaping plan prepared for Parcel A ensures compatibility
with nearby properties.
3. The proposed conditional ordinance promotes Village health, safety
and general welfare by including conditions that mitigate the adverse
impact of new development. By providing ingress and egress to
Route 83 the development will create minimal traffic impact on Town
Place Circle and Town Place Parkway. In addition, Developer has
been made responsible to assure that vehicles using the Property will
not park on said streets. The proposed restaurant would provide
services to surrounding property owners as well as to patrons of the
Town Center shopping center. The proposed development will
increase the assessed valuation in the Village and therefore tend to
lower the overall tax rate in the Village. The proposed restaurant will
generate sales tax, which is a financial benefit to the Village. The
proposed uses would increase the employment during the
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construction of the facilities and during the maintenance and
operation of both uses.
4. The Board's findings of fact with respect to impact demonstrate that the
relative gain to the Village and the public by establishing the conditions is
related to the impact of the new construction. As set forth in the first finding
the location of the developments is compatible with nearby uses.
5. The proposed assisted living facility for the elderly and the commercial use
are suitable to the Town Center area.
6. The Property has remained vacant and undeveloped for 20 years (i.e. since
it was designated as part of the Town Center). Although the Property has
been heavily marketed and several uses have been previously proposed and
approved,the Property is still undeveloped. Moreover,in its current condition
the Property is not a benefit to the Village or the public and is not an
enhancement to the adjacent neighborhood.
7. That the need for an assisted living facility for elderly residents in the Village
has been fully documented. The study prepared by Strategy Planning
Associates dated January 2000 (EXHIBIT H attached hereto) demonstrates
a strong demand for an assisted living facility and that there is a shortage of
this type of housing product. Although there are several eating establishments
in Town Center and the adjacent commercial area, the proposed restaurant
would provide additional services and opportunities for current and future
residents and patrons.
8. That the Village has undertaken its land use development in a careful and
methodical process. The Comprehensive Plan of the Village is thoroughly
reviewed and updated on a regular basis. The proposed uses are consistent
with the flexibility and responsiveness to changing conditions, while
minimizing negative impacts, that are part of the Village's planning
philosophy. Moreover, the Village has demonstrated flexibility in its efforts
to cooperate with developers to complete the Town Center mixed-use
development as contemplated in the P.U.D. approved in 1986.
WHEREAS, 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.
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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 Planned Unit Development approved
by Ordinance 97-22,redesignating Parcel A(4.5 acres)of the Property to the Residential Sub-district
of the B-5 District and approving a Preliminary Plan, including variations of the Village
Development Ordinance and Zoning Ordinance, 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 Plan Site attached hereto as EXHIBIT C and other exhibits attached hereto or
incorporated by reference herein, and the requirements set forth herein with respect to the
development of Parcel B (Outlot).
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 Parcel A as submitted by the Developer
provided that the Development Plan shall:
(A) conform to the approved Preliminary Plan (EXHIBITS C and D), and
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(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. Conditions for Development of Parcel B (the Outlot). The Outlot on Parcel B shall
be improved with a Culver's restaurant or other commercial use having a floor area not to exceed
8,000 square feet. The developer of the Culver's restaurant shall apply for and obtain preliminary
plan and development plan approval from the Corporate Authorities in accordance with the Village
Zoning Ordinance and Village Development Ordinance prior to commencing construction of said
restaurant. The developer of the Outlot shall submit a detailed site plan and engineering plan to the
Village for review by the Plan Commission and approval by the Corporate Authorities, as required
by the Village Zoning Ordinance and the Village Development Ordinance.
5. Conditions for Construction of the Assisted Living_Facility (Parcel A). As a
condition precedent to the issuance of building permits for Developer's construction of the assisted
living facility pursuant to the Preliminary Plan, the developer of the Culver's restaurant on Parcel
B (the Outlot), or its nominee, shall have secured preliminary plan approval for the Culver's
Restaurant in accordance with, or as required by, the Village Zoning Ordinance and the Village
Development Ordinance.
In the event that the developer of the Culver's restaurant fails to obtain a certificate of
occupancy and fails to open for business as a restaurant within twelve(12) months after the date of
this Ordinance,and the Corporate Authorities have not approved another use of the Outlot proposed
by Developer, then Developer shall cause fee simple title (free of any liens or encumbrances) to
Parcel B (the Outlot)to be conveyed to the Village and the Village shall be entitled to facilitate the
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development of the Outlot to offset the financial impact on the Village that will result from the
construction of the assisted living facility on the Property. Uses allowed on Parcel B (Outlot) shall
be compatible with adjacent residential areas as determined by the Village, and said uses shall not
include gas stations, automotive repair and maintenance operations,equipment rental operations,dry
cleaning establishments or public utility structures.
6. Compliance with Applicable Ordinances. The Developer shall 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.
Notwithstanding the foregoing,the Village shall not apply new ordinances or regulations to
the Property to the extent that the ordinances or regulations would prevent development of the
Preliminary Plan approved herein.
7. 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 Plans.
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The Village Manager is hereby authorized to approve such minor changes as he deems appropriate,
provided that no such changes increase the total ground area covered by buildings by more than two
percent(2%).
8. 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 developers or properties within the Village.
9. 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 buildings shall, upon installation and acceptance by the Village through formal
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acceptance action by the Corporate Authorities,be dedicated to the Village and become a part of the
Village water system maintained by the Village.
10. 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 Lake County Division
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. 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 on the Property in question any storm
sewers which may be necessary to service the Property, as per EXHIBIT D. 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 maintain that portion of the storm sewer system
located on the subject Property and not dedicated, and shall include said obligation in the declaration
of covenants required in Paragraph 21.J. of this Ordinance.
11. 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 J (7
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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.
12. Secures 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 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
EXHIBIT A-1 Legal Description—Parcel A(Assisted Living)and Parcel B (Outlot)
EXHIBIT B Development Improvement Agreement(draft form,not executed)
EXHIBIT C Preliminary Site Plan (Sheet PSP-1) dated as last revised August 1,
2000 by Allen L. Kracower and Associates, Inc.
Il
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EXHIBIT D Preliminary Engineering Plan(Sheet 1)dated as last revised August
3, 2000 by Cowhey Gudmundson Leder, Ltd.
EXHIBIT E Preliminary Landscape Plan(Sheet PLP-1) dated as last revised May
24, 2000 by Allen L. Kracower and Associates, Inc.
EXHIBIT F Building materials list(8.5xI I-inch)and color rendering of proposed
building(8.5xl4-inch)
EXHIBIT G Building Floor Plans (Sheets A2.1, A2.2 and A2.3) dated as last
revised April 10,2000 by Gensler
EXHIBIT H Belmont Village — The Market for an Assisted Living Facility in
Buffalo Grove dated January 2000 by Strategy Planning Associates
14. Building,Landscaping and Aesthetics Plans. Developer shall submit final building
elevation drawings and final landscaping plans (which landscaping plans shall conform to the
requirements of Village Ordinances) for approval by the Corporate Authorities prior to application
for a building permit for the proposed assisted living facility. Lighting, signage and building
materials and appearance shall be compatible with surrounding areas and are subject to approval by
the Corporate Authorities. Areas not under construction or completed shall be maintained in a neat
and orderly fashion as determined by the Village Manager.
15. 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 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
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resolution of mutual problems and its willingness to facilitate the development of the Property, as
contemplated by the provisions of this Ordinance.
16. 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(except
for Paragraph 4 and Paragraph 5) 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.
17. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property,the
parties hereto and their respective grantees, successors and assigns.
18. 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.
19. 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: Belmont Village
8550 Katy Freeway, Suite 300
Houston, TX 77024
Attn: Claire Nachazel,Esq.
Copy to: Piper Marbury Rudnick& Wolfe
203 North LaSalle Street
Chicago, Illinois 60601
Attn: Harold W. Franke, Esq.
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If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa& Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
20. Litigation
A. Developer, at its cost,shall be responsible for any litigation, which may arise
relating to the zoning and development of the Property. Developer shall
cooperate with the Village in said litigation, but Developer's counsel will
have principal responsibility for such litigation.
B. Developer shall reimburse the Village for reasonable attorneys' fees,
expenses and costs incurred by the Village resulting from litigation
relating to the zoning and development of the Property or in the
enforcement of any terms of this Ordinance upon a default by the
Developer or its grantees, successors or assigns.
C. Developer hereby indemnifies and holds the Village harmless from any
actions or causes of actions which may arise as a result of development
activities for which the Developer is responsible
21. Special Conditions.
A. The following variations to the Zoning Ordinance are hereby granted:
1. Section 17.44.060.D.Lb-To allow the construction of 158 dwelling
units for assisted living for the elderly on Parcel A(4.5 acres)with a
density of 35.1 dwelling units per acre in the Residential Sub-district
of the B-5 District pursuant to the exhibits incorporated herein;
2. Section 17.44.060.D.Lb - To allow a lot area of 1.62 for Parcel B
(Outlot) in the Commercial/Recreation Sub-district of the B-5
District.
B. The following variations to the Development Ordinance are hereby granted:
1. Section 16.50.070.D. -To allow a 50-foot right-of-way instead of 54
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feet from the centerline of Illinois Route 83, providing a standard
parkway width of 10.5 feet and an adequate easement for a public
sidewalk, as determined by the Village Engineer.
2. Section 16.50.120.1.Le. -To vary the parkway tree requirement along
Buffalo Grove Road due to the narrow parkway and overhead utility
wires and to compensate by providing enhanced landscaping in the
adjacent area on Parcel A.
C. Developer shall provide easements on Parcel A as required by the Village
to provide public ingress and egress easements to the Property. Said
easements shall be provided at the time of submittal of the final plat.
D. Fire lanes shall be provided in compliance with the recommendations of the
Buffalo Grove Fire Department. Said fire lanes shall be depicted on the final
plat of subdivsion for Parcel A.
E. Signs depicted on the attached EXHIBITS are not approved by this Ordinance.
Said signs or other identification elements, final landscaping plans and final
building appearance and materials are subject to review and approval by the
Corporate Authorities, and said plans shall be submitted for review prior to
application for a building permit. '
F. Developer shall submit a plan concerning all outdoor lights proposed for
Parcel A, including the height and type of fixtures and daily schedule of
illumination of the parking areas and exterior of the building. Said plan shall
be submitted at the time of submittal of the final plat of subdivision,and said
plan is subject to Village Approval.
G. Developer shall provide striping for left and right turn lanes on Town Place
Circle at the intersection with Buffalo Grove Road.
H. Developer shall install no parking signs on Town Place Circle and Town
Place Parkway adjoining the Property. No vehicles related to uses on the
Property are allowed to park on Town Place Circle, Town Place Parkway or
any portion of the Town Place residential area.
Developer shall enforce the no parking restriction on Town Place Parkway
and Town Place Circle adjoining the Property by contracting with a towing
service to remove any vehicles parked on said roads.
1. During the period of construction of the assisted living facility and the related
site improvements proposed on the attached EXHIBITS, construction
vehicles and equipment shall enter and exit the Property from Illinois Route
83 and Buffalo Grove Road, not Town Place Circle or Town Place Parkway.
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J. Approval of a plat of subdivision for any portion of the Property is subject to
approval of a declaration of covenants, conditions and restrictions for the
Property as approved by the Village. Said declaration shall include, but not
by way of limitation, provisions for maintenance of roadways and other
paved areas needed for public ingress and egress and emergency access,
maintenance of the stormwater management facilities and the sanitary sewer
not dedicated.
K. Deliveries and pick-ups of supplies and other items for the assisted living
facility shall be scheduled to be compatible with adjacent residential areas.
If the Village determines that a formal schedule is necessary to ensure
compatibility with adjacent residential areas, Developer shall submit a
written schedule for review and approval by the Corporate Authorities.
Refuse service for the Property shall be scheduled to occur between 7:00
A.M. and 5:00 P.M.
L. Any use of Parcel A other than the proposed assisted living facility for the
elderly is subject to approval by the Corporate Authorities in their sole
discretion.
M. Developer shall revise the Preliminary Plan to provide additional public
sidewalks in locations identified by the Village.
N. This Ordinance is subject to access being permitted by the Illinois
Department of Transportation (IDOT) to IL Route 83 (McHenry Road) as
depicted on EXHIBITS C and D attached hereto.
O. The provisions of Ordinance 86-61 remain in full force and effect for the
Property unless specifically modified by this Ordinance. In the event that the
Belmont Village Assisted Living facility is not constructed within one year
of the date of this Ordinance, or if said facility is constructed and then ceases
to operate for a period of one year, then Parcel A shall revert to the Office
Sub-district of the B-5 District as set forth in Ordinance 86-61. Said reversion
shall take effect only after an affirmative vote of a majority of the Corporate
Authorities.
22. Effect. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
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AYES: 4 — Braimnn, GlnvPr, Rarmnn, PrPcident Hartsteln
NAYES: 1 — Marienthal
ABSENT: 1 - Hendricks
PASSED:, u!! 7, 2000
APPROVED:Au�gust 77 2000
ATTEST: APPROVED:
Vil age Clerk ELLIOTT HARTSTEIN
Village President
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Prepared by:
William G. Raysa,Esq.
Raysa&Skelton
1140 Lake Street,Suite 400
Oak Park,IL 60301
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EXHIBIT A
Legal Description
Belmont Village Assisted Living Facility for the elderly
and commercial outlot
(Parcel of 6.12 acres north of Town Place Circle/Parkway between
Buffalo Grove Road and Illinois Route 83)
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION 33,
TOWNSHIP 43 NORTH,RANGE 11,EAST OF THE THIRD PRINCIPAL MERIDAN: THENCE NORTH
89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST
'/4 OF SAID SECTION 33, A DISTANCE OF 193.02 FEET TO THE EASTERLY LINE OF BUFFALO
GROVE ROAD PER DOCUMENT NO. 1408038, SAID POINT BEING THE POINT OF BEGINNING;
THENCE SOUTH 6 DEGREES 30 MINUTES 17 SECONDS EAST ALONG THE EASTERLY LINE OF
BUFFALO GROVE ROAD,A DISTANCE OF 87.66 FEET; THENCE NORTHEASTERLY ALONG A
CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 105.00 FEET, AN ARC
DISTANCE OF153.36 FEET TO A POINT OF REVERSE CURVATURE,THE CHORD OF SAID ARC
HAVING A LENGTH OF 140.09 FEET AND A BEARING OF NORTH 41 DEGREES 39 MINUTES 08
SECONDS EAST;THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST,
HAVING A RADIUS OF 95.00 FEET, AN ARC DISTANCE OF 111.06 FEET TO A POINT OF
COMPOUND CURVATURE,THE CHORD OF SAID ARC HAVING A LENGTH OF 104.84 FEET AND
A BEARING OF NORTH 33 DEGREES 18 MINUTES 03 SECONDS EAST; THENCE EASTERLY
ALONG A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 423.50 FEET, AN ARC
DISTANCE OF 655.76 FEET TO A POINT OF COMPOUND CURVATURE, THE CHORD OF SAID
ARC HAVING A LENGTH OF 592.18 FEET AND A BEARING OF SOUTH 68 DEGREES 50 MINUTES
54 SECONDS EAST; THENCE SOUTHEASTERLY ALONG A CURVE, CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 96.14 FEET TO A
POINT OF TANGENCY, THE CHORD OP SAID ARC HAVING A LENGTH OF 95.73 FEET AND A
BEARING OF SOUTH 33 DEGREES 40 MINUTES 12 SECONDS EAST; THENCE SOUTH 42
DEGREES 51 MINUTES 03 SECONDS EAST, A DISTANCE OF 70.54 FEET TO A POINT ON THE
NORTH LINE OF LOT 2 IN BUFFALO GROVE TOWN CENTER UNIT ONE; THENCE NORTH 50
DEGREES 12 MINUTES 54 SECONDS EAST ALONG THE NORTH LINE OF LOT 2,A DISTANCE OF
198.31 FEET TO THE NORTHEAST CORNER OF SAID LOT 2, SAID POINT BEING ALSO ON THE
WESTERLY LINE OF ILLINOIS ROUTE 83;THENCE NORTHWESTERLY ALONG SAID WESTERLY
LINE OF ILLINOIS ROUTE 83, SAID LINE BEING A CURVE, CONCAVE TO THE SOUTHWEST,
HAVING A RADIUS OF 1096.00 FEET, AN ARC DISTANCE OF 473.45 FEET TO A POINT OF
TANGENCY,THE CHORD OF SAID ARC HAVING A LENGTH OF 469.77 FEET AND A BEARING
OF NORTH 41 DEGREES 44 MINUTES 41 SECONDS WEST; THENCE NORTH 54 DEGREES 07
MINUTES 12 SECONDS WEST ALONG SAID WESTERLY LINE OF ILLINOIS ROUTE 83, A
DISTANCE OF 55.55 FEET TO THE EASTERLY CORNER OF LOT 1 IN AMOCO ADDITION TO
BUFFALO GROVE,ACCORDING TO DOCUMENT NO.2317012;THENCE SOUTH 64 DEGREES 48
MINUTES 23 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF
280.69 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1, SAID POINT BEING ALSO ON THE
EASTERLY LINE OF BUFFALO GROVE ROAD, DEDICATED BY DOCUMENT NO. 1408038;
THENCE SOUTH 6 DEGREES 30 MINUTES 17 SECONDS EAST ALONG SAID EASTERLY LINE,A
DISTANCE OF 446.54 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART THEREOF
FALLING IN BUFFALO GROVE TOWN CENTER UNIT 4 RECORDED FEBRUARY 7, 1991 AS
DOCUMENT 2988362), IN LAKE COUNTY, ILLINOIS.
4S84 .1i
19
EXIIIBIT A-1 (Page 1 of 2)
Legal Description
PARCEL A (4.5 acres)
BELMONT VILLAGE ASSISTED LIVING FACILITY
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SECTION
33, TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDAN:
THENCE NORTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE
OF THE SOUTHWEST 'A OF SAID SECTION 33, A DISTANCE OF 193.02 FEET TO THE
EASTERLY LINE OF BUFFALO GROVE ROAD PER DOCUMENT NO. 1408038, SAID POINT
BEING THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 30 MINUTES 17
SECONDS WEST ALONG SAID EASTERLY LINE,A DISTANCE OF 446.54 FEET; TO THE
WESTERLY CORNER OR LOT 1 IN AMOCO ADDITION TO BUFFALO GROVE
SUBDIVISION, ACCORDING TO DOCUMENT NUMBER 2317012 THENCE NORTH 64
DEGREES 48 MINUTES 23 SECONDS EAST ALONG THE SOUTHERLY LINE OF SAID LOT
1, A DISTANCE OF 280.69 FEET TO THE EASTERLY CORNER OF SAID LOT 1, SAID
POINT BEING ALSO ON THE WESTERLY LINE OF ILLINOIS ROUTE 83;THENCE SOUTH
54 DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID WESTERLY LINE, A
DISTANCE OF 327.19 FEET; THENCE SOUTH 35 DEGREES 52 MINUTES 48 SECONDS
WEST,A DISTANCE OF 24.19 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY
ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100 FEET,AND AN ARC
LENGTH OF 84.87 FEET;THENCE SOUTH 12 DEGREES 44 MINUTES 46 SECONDS EAST,
A DISTANCE OF 57.53 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY
ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 75.00 FEET, AND AN
ARC LENGTH OF 36.05 FEET; THENCE SOUTH 14 DEGREES 47 MINUTES 48 SECONDS
WEST,A DISTANCE OF 55.71 FEET TO A POINT ON A CURVE,SAID POINT BEING ALSO
THE NORTH LINE OF LOT 2 IN BUFFALO GROVE TOWN CENTER UNIT ONE,
ACCORDING TO DOCUMENT NUMBER 2855919; THENCE ALONG SAID NORTH LINE
FOR THE FOLLOWING THREE (3) COURSES; (1) THENCE WESTERLY ALONG A NON-
TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 423.50 FEET AND A
CHORD BEARING OF SOUTH 85 DEGREES 47 MINUTES 41 SECONDS WEST, WITH AN
ARC LENGTH OF 280.90 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
SOUTHERLY ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 95.00
FEET, AND AN ARC LENTH OF 111.06 FEET TO A POINT OF REVERSE CURVATURE;
THENCE WESTERLY ALONG A CURVE CONCAVE NORTHERLY HAVING A RADIUS OF
105.00 FEET,AND AN ARC LENGTH OF 153.36 TO A POINT OF NON-TANGENCY, SAID
POINT BEING ON AFOREMENTIONED EASTERLY LINE OF BUFFALO GROVE ROAD;
THENCE NORTH 06 DEGREES 30 MINUTES 17 SECONDS WEST ALONG SAID EASTERLY
LINE, A DISTANCE OF 87.66 FEET TO THE POINT OF BEGINNING, CONTAINING 4.50
ACRES OF LAND MORE OR LESS, IN LAKE COUNTY, ILLINOIS.
45-84111
20
EXHIBIT A-1 (Page 2 of 2)
Legal Description
PARCEL B (1.62 acres)
COMMERCIAL OUTLOT
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST'/4 OF SECTION 33,
TOWNSHIP 43 NORTH,RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN;THENCE
NORTH 89 DEGREES 58 MINUTES 47 SECONDS EAST ALONG THE NORTH LINE OF THE
SOUTHWEST '/4 OF SAID SECTION 33,A DISTANCE OF 193.02 FEET TO THE EASTERLY
LINE OF BUFFALO GROVE ROAD PER DOCUMENT NO. 1408038; THENCE NORTH 06
DEGREES 30 MINUTES 17 SECONDS WEST ALONG SAID EASTERLY LINE A DISTANCE
OF 446.54 FEET TO THE WESTERLY CORNER OF LOT 1 IN AMOCO ADDITION TO
BUFFALO GROVE SUBDIVISION, ACCORDING TO DOCUMENT NUMBER 2317012;
THENCE NORTH 64 DEGREES 48 MINUTES 23 SECONDS EAST ALONG THE SOUTHERLY
LINE OF SAID LOT 1,A DISTANCE OF 280.69 FEET TO THE EASTERLY CORNER OF SAID
LOT 1, SAID POINT BEING ALSO ON THE WESTERLY LINE OF ILLINOIS ROUTE 83;
THENCE SOUTH 54 DEGREES 07 MINUTES 12 SECONDS EAST ALONG SAID WESTERLY
LINE A DISTANCE OF 327.19 FEET TO THE POINT OF BEGINNING; THENCE ALONG
SAID WESTERLY LINE FOR THE FOLLOWING TWO (2) COURSES; (1) THENCE
CONTINUING SOUTH 54 DEGREES 07 MINUTES 12 SECONDS EAST ALONG THE LAST
DESCRIBED COURSE, A DISTANCE OF 228.36 FEET TO A POINT OF CURVATURE; (2)
THENCE SOUTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF
1096.00 FEET,AND AN ARC LENGTH OF 200.44 FEET TO A POINT OF NON-TANGENCY,
SAID POINT ALSO BEING THE NORTHERLY CORNER OF BUFFALO GROVE TOWN
CENTER UNIT 4, ACCORDING TO DOCUMENT NUMBER 2988362; THENCE SOUTH 50
DEGREES 12 MINUTES 54 SECONDS WEST ALONG THE NORTHERLY LINE OF SAID
UNIT 4, A DISTANCE OF 192.49 FEET TO A POINT ON A CURVE, SAID POINT ALSO
BEING THE NORTH LINE OF BUFFALO GROVE TOWN CENTER UNIT ONE,ACCORDING
TO DOCUMENT NUMBER 2855919, THENCE WESTERLY ALONG A NON-TANGENT
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 423.50 FEET AND A CHORD
BEARING OF NORTH 57 DEGREES 07 MINUTES 22 SECONDS WEST, WITH AN ARC
LENGTH OF 267.28 FEET;THENCE NORTH 14 DEGREES 47 MINUTES 48 SECONDS EAST,
A DISTANCE OF 55.71 FEET TO A POINT OF CURVATURE; THENCE NORTHERLY
ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 75.00 FEET, AND AN
ARC LENGTH OF 36.05 FEET; THENCE NORTH 12 DEGREES 44 MINUTES 46 SECONDS
WEST,A DISTANCE OF 57.53 FEET TO A POINT OF CURVATURE;THENCE NORTHERLY
ALONG A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100.00 FEET AND AN
ARC LENGTH OF 84.87 FEET; THENCE NORTH 35 DEGREES 52 MINUTES 48 SECONDS
EAST, A DISTANCE OF 24.19 FEET TO THE POINT OF BEGINNING, CONTAINING 1.62
ACRES OF LAND MORE OR LESS, IN LAKE COUNTY, ILLINOIS.
4584111
LOCATION MAP
PROPOSED BELMONT VILLAGE ASSISTED LIVING FACILITY
BUFFALO GROVE TOWN CENTER
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454 D N HECKER 44 D Post Office
R
" . �""--•..,. il bid M���� 201 PREPARED BY PLANNING SERVICES ON 4/24, F
4 krS 411-1
08/07/2000
SIXTEENTH AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE
Belmont Village Assisted Living Facility for the elderly
and commercial outlot
(Parcel of 6.12 acres north of Town Place Circle/Parkway between.
Buffalo Grove Road and Illinois Route 83)
TABLE OF CONTENTS
Page
1. Applicable Law................................................................................................6
2. Enactment of Zoning Ordinance......................................................................6
3. Approval of Plans. ...........................................................................................6
4. Conditions for Development of Parcel B (the Outlot�....................................7
5. Conditions for Construction of the Assisted Living Facility (Parcel A). ........7
6. Compliance with Applicable Ordinances. .......................................................8
7. Amendment of Plan. ........................................................................................8
8. Building Permit Fees. ......................................................................................9
9. Water Provision ..............................................................................................9
10. Storm and Sanitary Sewer Provisions............................................................ 10
11. Drainage Provision......................................................................................... 10
12. Security for Public and Private Site Improvements....................................... 11
13. Exhibits.......................................................................................................... 11
14. Building, Landscaping and Aesthetics Plans................................................. 12
15. Facilitation of Development. ......................................................................... 12
16. Enforceability of the Ordinance.................................................................... 13
17. Binding Effect of Ordinance.......................................................................... 13
18. Corporate Capacities...................................................................................... 13
19. Notices. .......................................................................................................... 13
20. Litigation........................................................................................................ 14
21. Special Conditions......................................................................................... 14