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2003-027 4/2/03 ORDINANCE NO.2003 - 2 7 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE PLANNED UNIT DEVELOPMENT (P.U.D.)AND PRELIMINARY PLAN IN THE B-3 PLANNED BUSINESS CENTER DISTRICT FOR THE COVINGTON OFFICE PLAZA VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Groundwork,Ltd. office building (Lot 3,part referred to as "Lot 3A") 350 Dundee Road West of Fifth Third Bank,345 Dundee Road WITNESSSE�THH: 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, V4MREAS, 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, x WHEREAS,the Planned.Business Center 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, 2 WHEREAS,the Village enacted Ordinance 2002-46 approving Fifth Third Bank for said Lot 3 (1.658 acres)legally described in EXHIBIT A attached hereto; and, WHEREAS,the site planning for Lot 3 approving Fifth Third Bank contemplated an additional building area on the western portion of said Lot; and, WHEREAS, Groundwork,Ltd. (hereinafter referred to as the"Developer")has petitioned the e for amendment of Exhibit D to Ordinance 2002-46 to allow a one-story office building with a V illag ea of a roximately 4,250 square feet(for the portion of Lot 3 referred to herein as"Lot 3A") floor ar PP pursuant to Exhibits C through J attached hereto and made a part hereof. Lot 3 and Lot 3A are sometimes hereinafter referred to as the"Property"; and, WHEREAS, pursuant to due notice and advertisement, the Village Plan Commission held a earin and made their recommendations pursuant to the requested amendment of the Planned public h g t Develo ment and Preliminary Plan for Lot 3,including variations of the Village Zoning Ordinance Uru P concerning the building setback and screening in the west portion of Lot 3A; and, WHEREAS,the President and Board of Trustees of the Village (sometimes hereafter referred e "Co orate Authorities") after due and careful consideration have determined that the to as th rP ent of Lot 3A on the terms and conditions herein set forth would enable the Village to control developm 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: A li,ab e Law. This Ordinance is made pursuant to and in accordance with the 1. UU Zoning Ordinance, Development Or and the Village's Home Rule powers. The Village's g -3 preceding whereas clauses are hereby made a part of this Ordinance. 2. Amendment of the Planned Unit Development. 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 E) for Lot 3A for the proposed Groundwork office building and pursuant to the exhibits attached hereto and subject to the conditions contained herein. It is understood that Lot 3 will be re-platted to delineate a zoning lot for the proposed office building on"Lot 3A" pursuant to a final plat of subdivision subject to approval by the Village 3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan (EXHIBIT E) and the Preliminary Engineering Plan (EXHIBIT F) 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 Groundwork,Ltd. provided that the Development Plan shall: (A) conform to the approved Preliminary Plans(EXHIBITS E and F), 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. 4 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. S. Amendment of Plan. If 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 increases the total ground area covered by buildings by more than two percent(20/6). 6. Water Provision. 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 F 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.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. 7. Storm and Sanitary Sewer Provisions. A. Developer shall construct sanitary sewers as necessary to service the proposed office building, pursuant to EXHIBIT F. 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 5 Authorities agree to operate and maintain such system, except for sanitary sewer service connections. B. Developer shall construct storm sewers which may be necessary to service the site pursuant to EXITMIT F. It is understood, however, that changes to the Preliminary Engineering Plan may be required at the time of Final Engineering. 8. Drainae Provisions. Developer shall fully comply with any request of the Village Engineer related to the placement of buildings on lots,to preserve drainage standards. 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. 9. Security for Public and Private Site Irn rovements. 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 fmancial 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. 10. Exhibits. The following EXHIBITS, some of which were presented in testimony given by 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. EXHIBIT A Legal Description 6 EXHIBIT B Development Improvement Agreement EXHIBIT C Site and Zoning Information Sheet dated March 10, 2003 by Groundwork, Ltd. EXHIBIT D Overall Site Plan — Lot 3 (including entire Covington Office Plaza property—Lots 1,2 and 3), dated as last revised March 10,2003 by Groundwork, Ltd. EXHIBIT E Prelimininary Plan("Concept Site Plan;" l 1x17-inch color sheet and 2406-inch print) dated as last revised March 10, 2003 by Groundwork, Ltd. EXHIBIT F Preliminary Engineering Plan dated as last revised March 10,2003 by Groundwork, Ltd. EXHIBIT G Conceptual Landscape Plan(11 x 17-inch color and 24x36-inch print) dated as last revised February 26, 2003 by Groundwork, Ltd. EXHIBIT H Exterior building elevations (2 sheets, 8%2 x 11-inch)and floor plan(1 sheet, 8 'h x 11-inch)dated March 10, 2003 by Groundwork, Ltd. EXHIBIT I Building materials list(1 sheet, 8 %x 11-inch) dated February 26, 2003 by Groundwork, Ltd. (brick size specified as "modular" in testimony at March 19, 2003 Plan Commission public hearing) EXHIBIT J Exterior lighting specification(7 sheets, 8 '/z x 11-inch, no date) by Cooper Lighting 11. Declaration of Covenants Conditions and Restrictions. Lot 3A shall be subject to the declaration of covenants, conditions and restrictions ("Declaration") recorded with the Cook County Recorder on December 18,2002 as document no. 0021405527. Said approved covenants shall be amended as necessary to accommodate the Groundwork, Ltd. office building. 12. 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 7 provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 13. BindinEffect of Ordinance. This Ordinance shall be binding upon Lot 3, Lot 3A, the parties hereto and their respective grantees, successors and assigns. 14. 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. 15. 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: John Green Groundwork, Ltd. 1051 Perimeter Drive, Suite 1110 Schaumburg, IL 60173 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 8 Copy to: William G. Raysa, Esq. Raysa and Zimmermann, Ltd. 22 S. Washington Ave Park Ridge, IL 60068 16. Special Conditions. A. The following variations to the Village Zoning Ordinance are hereby granted pursuant to EXHIBITS E and G attached hereto: Section 17.44.040D.3.—To allow a building setback of 35 feet instead of 50 feet adjoining the residential property line to the west; and Section 17.44.040.D.5.a.—To waive the requirement for construction of a screen six feet in height adjacent to a lot line in a residential district. 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 Lot 3A. C. Developer shall comply with security recommendations by the Village Police Department's Crime Prevention Unit. D. The plat of re-subdivision shall provide any necessary easements for shared access and shared parking over Lot 3 and Lot 3A to permit access to the users of the respective lots for vehicular parking, ingress and egress. The plat of subdivision shall provide any necessary easements for public access to the sidewalks and pedestrian walks depicted on EXHIBITS E, F and G. E. Fire lanes shall be provided on Lot 3A in compliance with the recommendations 9 of the Buffalo Grove Fire Department. Said fire lanes shall be depicted on the final plat of subdivision. F. Signs depicted on the attached exhibits are not approved by this Ordinance. Said signs are subject to the provisions of the Village Sign Code. G. Construction traffic shall be prohibited from using Park View Terrace except as authorized by the Village. H. Developer shall submit a final site lighting plan at the time of application of approval of the plat of re-subdivision. Said lighting plan is subject to approval by the Village Engineer. L The provisions of Ordinance 2002-46 remain in full force and effect for Lot 3 and Lot 3A unless specifically modified by this Ordinance. f 17. Effect. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Johnson, Kahn, Trilling NAPES: 0 - None ABSENT: 0...-None PASSED: _Aril 8, 2003 APPROVED: A�)ril 8, 2003 ATTEST: APPROVED: rr� 9&615111- /""G` - Vill Clerk ELLIOTT HARTSTEIN Village President 10 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 11 EXHIBIT A Legal Description Covington Office Plaza Southwest corner of Dundee Road/Golfview Terrace Lot 3 (part) in Covington 11, being a resubdivision of Lots 1, 2, and 3 in Covington Office Plaza, a resubdivision of part of the east half of the northeast quarter of Section 8,Township 42 North, Range 11 East,of the Third Principal Meridian,according to the plat thereof recorded November 18,2002 as Document No. 0021269852, in Cook County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Lot 3A is the portion(15,700 square feet) of Lot 3 west of the Fifth Third Bank, Dundee Road/Golfview Terrace. PIN: 03-08-201-042 D 00 cn GN 538 m 5 2- 522— V CCo 885 Co Q ul �, ul cs cn 4 ? L9 875 795 C m7 Lncj-t, Lfl� ol � 865 805 MI tlFH. j q OD oo 8j01CYA CO cj ut cn O Q W tz !CD o i o AEI\ " 3� D — 71�, A 3>> �N 355\ 364 365 C7 o CO 354 355 wa" � w w 344 345 0 --� co i UN * cfl 322 323 --. ( O V J TERR 298 80100 0 284 ry ❑ y c V o O D 274 w � � \ \ \ o � � .�:.� 0 26 4 d __ cn BETTY, DR � � C7 \ \ \ IT bd l�o \ \ V Sr cn \ N Q \ N ° LJ ELLEN'\DR \ s ❑ Cil ON t:d OD e.. Ln V4 \ \ H STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE 1,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 April 7, 2003, the Corporate Authorities of the Village passed and approved Ordinance No. 2003-27, entitled: AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE PLANNED UNIT DEVELOPMENT FOR COVINGTON OFFICE PLAZA, PROPSED GROUNDWORK OFFICE BUILDING,350 DUNDEE ROADwhich provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2003-27, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing April 8, —1003;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 8th day of April,2003. Viltige Clerk By