2001-010 3/05/2001
ORDINANCE NO. 2001 - 10
AN ORDINANCE APPROVING AN AMENDMENT TO THE
PLANNED UNIT DEVELOPMENT (P.U.D.) AND PRELIMINARY PLAN
IN THE B-3 PLANNED BUSINESS CENTER DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
CVS Pharmacy and National City Bank
10 E. Dundee Road
(Northeast corner of Dundee R6adBuffalo Grove Rd)
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, National City Bank of Michigan/Illinois (hereinafter referred to as the
"Owner"), is the owner of a certain tract of property (hereinafter referred to as the Property)
comprising 2.16 acres legally described and identified in the Legal Description, attached hereto as
EXHIBIT A and made a part hereof and which real estate is within the corporate limits of the Village,
and,
WHEREAS, said Property is zoned in the B-3 Planned Business Center District ;and,
WHEREAS, Zaremba Group, LLC. (hereinafter referred to as the "Developer") as the
contract purchaser representing Buffalo Grove CVS, L.L.C. as contract purchaser of the Property
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has petitioned to the Village for approval of an amendment to the Planned Unit Development
(P.U.D.) and Preliminary Plan; and,
WHEREAS,Developer proposes to construct a CVS Pharmacy store with a total floor area
of 10,880 square feet and a one-story National City Bank facility with a total floor area of 2,800
square feet, in accordance with and pursuant to the Preliminary Plan, including the Preliminary
Engineering Plan, prepared by Sear-Brown, dated as last revised January 29, 2001 and attached
hereto as EXHIBITS C and D, and incorporated herein, and subject to all other exhibits attached
hereto or incorporated by reference herein; 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 and Preliminary Plan, including variation of the
Village Zoning Ordinance concerning vehicle stacking spaces for the bank drive-through facility
and a Special Use for the pharmacy drive-through facility;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. AWficable 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.
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2. Enactment of Zoning Ordinance. The Corporate Authorities hereby adopt a proper,
valid and binding ordinance approving an amendment to the Planned Unit Development and
Preliminary Plan for the Property and a Special Use for a drive-through pharmacy facility for drop-off
and pick-up of prescription medications and over-the-counter medical items,pursuant to EXHIBITS
C and D attached hereto and subject to the conditions contained 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 based on final versions of the plans and drawings
as submitted by the 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.
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
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Preliminary Plan approved herein.
5. Amendment of Plan. If the Developer desires to make changes in the Preliminary
Plan, as herein approved,the parties agree that such changes in the Preliminary Plan will require, if
the Village so determines,the submission of amended plats or plans,together with proper supporting
documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes
to this Ordinance. The Corporate Authorities may, at their sole discretion, require additional public
hearings and may review the commitments of record contained in this Ordinance, including, but not
limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village
Manager is hereby authorized to approve such minor changes as he deems appropriate,provided that
no such change 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 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
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.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 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
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 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 D. It is understood, however, that changes to the
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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 (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.
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.
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EXHIBIT A Legal Description
EXHIBIT B Development Improvement Agreement
EXHIBIT C Preliminary Plan(Site Plan) dated as last revised January 29, 2001
by Sear-Brown
EXHIBIT D Preliminary Engineering Plan (Utility Plan) dated as last revised
January 29, 2001 by Sear-Brown
EXHIBIT E Landscape Plan(Sheet 7.0) dated as last revised February 26, 2001
by Sear-Brown
EXHIBIT F Landscape Plan(color)
EXHIBIT G Photometric Plan (Sheet PH-1) dated as last revised December 29,
2000 by Sear-Brown
EXHIBIT H Site Electrical Plan (Sheet SE-1.1) dated as last revised December
29, 2000 by Sear-Brown
EXHIBIT I Building exterior elevations(Sheet A-4.1) dated as last revised
October 30,2000 by Sear-Brown
EXHIBIT J Building exterior elevations(color)
EXHIBIT K Building floor plan(Outline Plan, Sheet 0-1) for CVS Pharmacy
dated February 9, 2001 by Sear-Brown
EXHIBIT L Building floor plan(Sheet NCB-A-1) for National City Bank dated
October 30, 2000 by Sear-Brown
EXHIBIT M Memos dated March 1, 2001 February 28, 2001 by Thomas
Adomshick,James J. Benes and Associates
EXHIBIT N Letter dated February 28, 2001 by Paul W. Shadle, Piper Marbury
Rudnick and Wolfe
12. 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
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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.
13. 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.
14. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the
parties hereto and their respective grantees, successors and assigns.
15. 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.
16. 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: John Wojtila
Zaremba Group
14600 Detroit Avenue
Lakewood, OH 44107
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Copy to: Paul W. Shadle, Esq.
Piper Marbury Rudnick and Wolfe
203 North La Salle Street, Suite 1800
Chicago, IL 60601-1293
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
Copy to: William G. Raysa, Esq.
Raysa& Skelton, P.C.
1140 Lake Street, Suite 400
Oak Park, IL 60301
17. 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 National City Bank
pursuant to EXHIBIT C.
B. Developer shall submit a final landscaping plan for review and approval by the
Village Forester and the Village Police Department Crime Prevention Unit prior to installation of
landscaping on the Property.
C. Developer shall provide a recordable video camera on the west side of the
National City Bank building, a digital video camera with a polarized lens at the CVS Pharmacy drive-
through facility and a television monitor in the pharmacy area as approved by the Village Police
Department Crime Prevention Unit.
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D. The Village shall be under no obligation to approve any future subdivision of the
Property into more than one lot unless the documentation of such subdivision shall provide that all
owners of the resulting lots shall permit access to their lots to the users of the other lots in such
subdivision for the purposes of vehicular parking, ingress and egress. At the direction of the Village,
Owner shall grant an easement for access from the parcel east of the Property,provided that Owner
shall only be required to grant such easement if the owner of the parcel east of the Property shall
grant a reciprocal easement for access from the Property.
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. Right-of-way(four feet along Dundee Road and Buffalo Grove Road) shall be
dedicated on the plat of subdivision as approved by the Village Engineer.
G. Streetlights shall be installed along Dundee Road and Buffalo Grove Road as
required by the Village,subject to approval by the Cook County Highway Department and the Illinois
Department of Transportation(IDOT). In the event that installation of said lighting is deferred by
Cook County or IDOT, the Village reserves the right to require a cash contribution in lieu of
installation of said lighting.The timing of said cash contribution is at the sole discretion of the Village.
H. Signs depicted on the attached EXHIBITS are not approved by this Ordinance.
Said signage is subject to the provisions of the Village Sign Code.
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.
I The Preliminary Plan(EXHIBIT Q shall be revised to comply with the
recommendations set forth in the memos dated March 1, 2001 and February 28,2001 (EXHIBIT M
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attached hereto)by Thomas Adomshick of James J. Benes and Associates. Said revised plan is subject
to approval by the Village.
K. In the period after the CVS Pharmacy and the National City Bank are operating,
if the Village determines that vehicular circulation routes on the site are causing hazardous conditions,
the Property Owner will alter the traffic circulation routes or take other traffic control measures as
directed by the Village to eliminate said hazards.
L. The Dundee Road driveway, upon approval of the Illinois Department of
Transportation, shall be relocated easterly to align with the existing access along the south side of
Dundee Road.
M. Notwithstanding the dates of various Exhibits attached hereto, the Developer
represents that the Exhibits are revised as set forth in the letter dated February 28, 2001 (EXHIBIT
N attached hereto)by Paul W. Shadle,Piper Marbury Rudnick and Wolfe, and final plans and exhibits
shall incorporate the revisions in said EXHIBIT N. Said revised plans and exhibits are subject to
approval by the Village.
18. 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- Marienthal, Braiman, Hendricks, Glover, Berman, Johnson
NAYES: 0- None
ABSENT: 0 -None
PASSED: March 5, 2001
APPROVED: March 5 2001
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ATTEST: APPROVED:
VHWe 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
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EXHIBIT A
Legal Description
CVS Pharmacy and National City Bank
10 E. Dundee Road
(Northeast corner of Dundee Road/Buffalo Grove Rd)
The south 300 feet of the east half of the east half of the southwest quarter of Section 4, Township
42 North, Range 1 I East of the Third Principal Meridian, (except the east 230 feet of the south 300
feet of the east half of the east half of the southwest quarter of said Section 4, Township and Range
aforesaid)and also except the south 50 feet and the west 50 feet of the aforesaid property, all in Cook
County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 2.16-acre parcel at
the northeast corner of Dundee Road and Buffalo Grove Road and Lake Cook Road.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. - 001- �0
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF UFFALO GROVE
THIS J DAY OF
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this �_ day of 2001
�Vvillage Cleric
By (; � X
U Deputy Village Clerk