2002-08-20 - Ordinance 2002-046 - APPROVING AMENDMENT TO PUD FOR COVINGTON OFFICE PLAZA 8/19/2002
ORDINANCE NO. 2002 -46
AN ORDINANCE APPROVING AN AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT (P.U.D.) AND PRELIMINARY PLAN
IN THE B-3 PLANNED BUSINESS CENTER DISTRICT,
AND
REZONING TO THE R-8 DISTRICT WITH A
RESIDENTIAL PLANNED UNIT DEVELOPMENT ON LOT 2,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Fifth Third Bank(Lot 3) and Insignia Homes(Lot 2)
Covington Office Plaza
(Southwest corner of Dundee Road/Golfview Terrace)
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, the Covington Office Plaza was approved by Ordinance 81-38 approving the
annexation agreement dated July 6, 1981;and,
WHEREAS, said annexation agreement approved a Planned Business Center in the B-3
District and approved a Preliminary Plan dated June 3, 1981 and revised June 12, 1981 allowing three
two-story office buildings; and,
WHEREAS, the Property has been platted into Lots 1, 2 and 3 pursuant to the plat of
subdivision recorded as document 91032337 by the Cook County Recorder of Deeds; and,
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WHEREAS, said Lot 1 (1.53 acres), Lot 2 (1.9 acres) and Lot 3 (1.9 acres) are legally
described in EXHIBIT A attached hereto; and,
WHEREAS, one office building has been constructed on Lot l of the Property, and Lots 2
and 3 are undeveloped; and,
WHEREAS, Covington 2 Investments, L.L.C. is the owner of Lot 2 and Covington 3
Investments, L.L.C. is the owner of Lot 3; and,
WHEREAS, the respective owners of Lot 2 and Lot 3 desire to sell said lots; and,
WHEREAS, Fifth Third Bank is the contract purchaser of Lot 3, and Fifth Third Bank
proposes to construct a bank with a total floor area of 4,800 square feet, including a drive-through
service facility with five (5) service windows pursuant to the Preliminary Plan attached hereto as
EXHIBIT D and the other pertinent plans and documents attached hereto as exhibits and
incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference
herein; and,
WHEREAS,Insignia Homes,L.L.C. is the contract purchaser of Lot 2, and Insignia proposes
to construct eleven(11) townhome dwelling units pursuant to the Preliminary Plan attached hereto
as EXHIBIT D and the other pertinent plans and documents attached hereto as exhibits and
incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference
herein; and,
WHEREAS, Fifth Third Bank and Insignia Homes are hereinafter referred to as the
"Developer."
WHEREAS, pursuant to due notice and advertisement, the Village Plan Commission held a
public hearing and made their recommendations pursuant to the requested amendment of the Planned
Unit Development and Preliminary Plan and the rezoning of Lot 2 to the R-8 District with a
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Residential Planned Unit Development, including variation of the Village Zoning Ordinance
concerning vehicle stacking spaces for the bank drive-through facility and the lot area and perimeter
building setbacks of the Residential Planned Unit Development; 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 to the Planned Unit Development for the
Property,including approval of a Preliminary Plan(EXHIBIT D) for Lot 3 for the Fifth Third Bank
and rezoning to the R-8 District with a Planned Residential Planned Unit Development and
Preliminary Plan(EXHIBIT D) for Lot 2 for the Insignia Homes pursuant to said exhibits attached
hereto and subject to the conditions contained herein.
It is understood that Lots 1, 2 and 3 will be re-platted pursuant to a final plat of subdivision
subject to approval by the Village, and the rezoning approved by this Ordinance for the R-8
Residential Planned Unit Development shall pertain to Lot 2 as re-platted.
3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
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(EXHIBIT D) and the Preliminary Engineering Plan(EXHIBIT E)pursuant to the provisions of the
Zoning Ordinance and Development Ordinance. The Corporate Authorities agree to approve a
Development Plan (including a final plat of subdivision) based on final versions of the plans and
drawings as submitted by Fifth Third Bank and Insignia Homes 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. 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. 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 such ordinances or regulations would 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
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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 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 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 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 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
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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 SanitM 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
Metropolitan Water Reclamation District for the collection of sewage and to the Cook County
Highway Department and the Illinois Department of Transportation as may be appropriate. The
Developer shall construct sanitary sewers as necessary to service the Property,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 system, 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 Property 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 maintain that portion of the storm sewer system located on the Property 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 that are required to eliminate standing water or conditions
of excess sogginess that 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 (E XHMIT 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.
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 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 B Development Improvement Agreement
EXHIBIT C Site and Zoning Information Sheets(2 sheets—Commercial site
and Residential site) dated July 2, 2002 by Groundwork, Ltd.
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EXHIBIT D Prelimini ary Plan("Concept Site Plan;" I N17-inch color sheet
and 24x36-inch print) dated as last revised July 25, 2002 by
Groundwork, Ltd.
EXHIBIT E Preliminary Engineering Plan dated as last revised July 25, 2002
by Groundwork, Ltd.
EXHIBIT F Conceptual Landscape Plan(Sheets 1 and 2, 11x170-inch color)
dated as last revised July 25,20021 by Pugsley and LaHaie Ltd.
EXHIBIT G Landscape section at townhomes (8.5x11-inch) dated July 2, 2002
by Groundwork, Ltd.
EXHIBIT H Fifth Third Bank exterior building elevations(Sheets A-201 dated July
2, 2002 and A-202 dated August 13, 2002, 11x17-inch color) and
floor plan (Sheet A-101 dated July 2, 2002, l lx17-inch) by Kurtz
Associates Architects
EXHIBIT I Insignia Homes townhomes Preliminary Exterior Elevations(4 sheets,
I lx17-inch color) dated July 2, 2002 by Groundwork, Ltd.
EXHIBIT J Insignia Homes townhomes floor plans (2 sheets, l 1x17-inch)
dated July 2, 2002 by Groundwork, Ltd.
EXHIBIT K Insignia Homes townhomes Building Materials List dated August 5,
2002
12. Declaration of Covenants. Conditions and Restrictions. The Property shall be
subject to declaration of covenants, conditions and restrictions("Declaration") which shall include,
but not by way of limitation, a provision whereby the Village shall have the right, but not the
obligation,to enforce covenants or obligations of the Developer, association and/or owners of the
units of the Property as defined and provided within the Declaration and further shall have the right,
upon thirty(30) days prior written notice specifying the nature of a default,to enter upon the
Property and cure such default, or cause the same to be cured at the cost and expense of the
Developer, association or other owners of the Property. The Village shall also have the right to
charge or place alien upon the Property for repayment for such costs and expense, including
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reasonable attorneys' fees and costs in enforcing such obligations.
The Declaration shall include, but not by way of limitation,covenants and obligations
to own and maintain the stormwater management and drainage system depicted on EXHIBIT E. The
Declaration shall also include the obligation that the association shall provide snow removal for the
Property and public sidewalks and shall store excess snow in appropriate off-street locations, and
shall not in any way impede the Village's snow removal operations on public streets.
The Declaration shall be submitted to the Village for review and approval, and shall
further provide that the provisions relative to the foregoing requirements may not be amended
without the prior approval of the Village.
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 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 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 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 other provisions contained herein.
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15. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, 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 Developer: Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan
77 W. Washington Street, Suite 1211
Chicago, IL 60602
Copy to:
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa,Esq.
Raysa and Zimmerman, Ltd.
22 S. Washington Ave
Park Ridge, IL 60068
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18. Litigation.
A. Developers of Lot 2 and Lot 3, at their cost, shall be responsible for any
litigation that may arise as a result of the development of Lot 2 or Lot 3. Said Developers shall
cooperate with the Village in said litigation, but the Developers' counsel will have responsibility for
such litigation.
B. Developers of Lot 2 and Lot 3 shall reimburse the Village for reasonable
attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the
development of Lot 2 or Lot 3 or the enforcement of any terms of this Ordinance upon a default by
the said Developers or their grantees, successors or assigns.
C. Developers of Lot 2 and Lot 3 hereby indemnify and hold the Village harmless
from any actions or causes of action that may arise as a result of development activities for which said
Developers are responsible.
19. Special Conditions.
A. The following variation to the Village Zoning Ordinance is hereby granted:
Section 17.36.040.G.2.—To allow five vehicle stacking spaces instead of six
stacking spaces for each customer service area in the drive-through facility of the Fifth Third Bank
pursuant to EXHIBIT D.
Section 17.12.455-To allow an area of 1.84 acres (gross site before right-of-way
dedication) instead of 4 acres for a Planned Unit Development for the townhome parcel.
Section 17.28.050.E.4.b. —To allow a perimeter boundary building setback of
twenty-five (25) feet instead of 35 feet on the west side and south sides of the townhome parcel as
depicted on EXHIBIT D.
B. Developer shall submit a final landscaping plan for review and approval by the
Village Forester prior to any grading or removal of trees on any portion of the Property.
C. Developer of Lot 3 shall comply with security recommendations by the Village
Police Department's Crime Prevention Unit.
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D. The plat of subdivision shall provide easements for access between Lot 1 and
Lot 3 to permit access to the users of the respective lots for vehicular parking, ingress and egress. In
addition, the plat of subdivision shall provide easements for public access to the sidewalks and
pedestrian walks depicted on EXIIIBIT D.
E. Fire lanes shall be provided on the Property in compliance with the
recommendations of the Buffalo Grove Fire Department. Said fire lanes shall be depicted on the final
plat of subdivision.
F. Any additional development proposed on Lot 3 is subject to review and
approval by the Village in its sole discretion. The Village shall have the absolute discretion to deny
any additional development on Lot 3.
G. Signs depicted on the attached exhibits are not approved by this Ordinance.
Said signs are subject to the provisions of the Village Sign Code. In the event that a variation is
granted to allow a wall sign on the west side of the Fifth Third Bank, a wall sign shall not be allowed
on the north side of said building. The ground sign along Dundee Road for the Fifth Third Bank shall
include a brick base as approved by the Village.
H. Construction traffic shall be prohibited from using Park View Terrace except
as authorized by the Village.
I. Developer shall submit a final site lighting plan at the time of application of
approval of the final plat of subdivision. Said lighting plan is subject to approval by the Village
Engineer.
20. 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: 5 —Braiman, Glover, Kahn, Johnson, Trilling
NAPES: 1 —Berman
ABSENT: 0 -None
PASSED: August 20, 2002
APPROVED: August 20, 2002
ATTEST: APPROVED:
Vill Clerk ELLIOTT HARTSTEIN
Village President
This document was prepared by: Robert E. Pfeil,Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
c
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EXHIBIT A
Legal Description
Covington Office Plaza
Southwest corner of Dundee Road/Golfview Terrace
Lots 1, 2 and 3 in Covington Office Plaza Resubdivision of Lot 1 in Cedar View Office Place, a
subdivision of part of the east half of the northwest quarter of Section 8, Township 42 North, Range
11 East of the Third Principal Meridian, in Cook County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 5.33-acre parcel at
the southwest corner of Dundee Road and GolNiew Terrace.
STATE OF ILLINOIS )
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove,Cook and Lake Counties,Illinois.
I further certify that on August 5,2002, the Corporate
Authorities of the Village passed and approved
Ordinance No.2002-45,
entitled:
AN ORDINANCE DIRECTING THE
COMMONWEALTH EDISON COMPANY TO
UNDERGROUND A SEGMENT OF POWER
LINE
which provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2002-45,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing on August 5,
2002, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 6th day of
August, 2002.
V ill e Clerk
By