2001-013 03/19/2001
ORDINANCE 2001 - 13
AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE
PLAZA AT BUFFALO GROVE 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
Dominick's Supermarket and site improvements,
Plaza at Buffalo Grove
West side of Buffalo Grove Road north of Dundee Road
TABLE OFCONTENTS
1. Applicable Law.............................................................................................3
2. Enactment of Zoning ....................................................................................3
3. Approval of Plans.........................................................................................3
4. Compliance with Applicable Ordinances........................................................4
5. Amendment of Plan......................................................................................4
6. Building Permit Fees.....................................................................................4
7. Water Provision............................................................................................5
8. Storm and Sanitary Sewer Provisions............................................................5
9. Drainage Provision.......................................................................................6
10. Security for Public and Private Site Improvements........................................7
11. Exhibits........................................................................................................7
12. Facilitation of Development..........................................................................8
13. Enforceability of the Ordinance.....................................................................8
14. Binding Effect of Ordinance..........................................................................8
15. Corporate Capacities ....................................................................................8
16. Notices.........................................................................................................9
17. Special Conditions........................................................................................9
18. Effect.......................................................................................................... II
3/19/2001
ORDINANCE 2001 - 13
AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE
PLAZA AT BUFFALO GROVE 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
Dominick's Supermarket and site improvements,
Plaza at Buffalo Grove
West side of Buffalo Grove Road north of Dundee Road
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 Plaza L.L.C. (hereinafter referred to as the "Owner"), is the
owner of a certain tract of property(hereinafter referred to as the"Property")comprising 11.12 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,Dominick's Finer Foods, Inc. (hereinafter referred to as the "Developer") as a
2
lessee of a portion of the Property has petitioned to the Village for approval of an amendment to
Planned Unit Development (P.U.D.) and Preliminary Plan; and,
WHEREAS, Developer proposes to construct a Dominick's supermarket store with a
total floor area of 65,231 square feet and make modifications to the existing buildings and parking
areas on the Property, in accordance with and pursuant to the Preliminary Plan prepared by Compass
Consulting Group dated as last revised March 8, 2001 and attached hereto as EXHIBIT C (labeled
as Site Plan 4, 1 of 1) and incorporated herein, and a Preliminary Engineering Plan prepared by
Compass Consulting Group dated as last revised February 12, 2001 and attached hereto as
EXHIBITS D and D-I 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 variations of the Village Zoning
Ordinance concerning the amount of required off-street parking; 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:
3
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 and
Preliminary Plan for the Property including modifications to the buildings, parking lot and
landscaping on the Property pursuant to EXHIBITS C, D and D-1 and other exhibits attached hereto
(except that the fuel center (gasoline sales facility) is not approved and shall be deleted from said
exhibits), subject to the conditions contained herein and in compliance with all applicable ordinances
of the Village as amended from time to time.
3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary Plan
(EXHIBITS C, D and D-1) pursuant to the provisions of the Development Ordinance, except that
fuel center(the gasoline sales facility) is not approved and shall be deleted from said exhibits. The
Corporate Authorities agree to approve a Development Plan (not requiring a plat of subdivision)
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, D and D-1),
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
4. Compliance with Applicable Ordinances. 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 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
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
5
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-1 are hereby approved by the Village. It is understood,however,that changes
to the Preliminary Engineering Plan may be required at the time of Final Engineering.The Developer
further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances
at the time of the issuance of the water and sewer permits. The Developer agrees to accept any
increase in water rates and tap on fees provided such rates and fees apply consistently to all other
similar users in the Village to the extent possible. Following such tap on, the Village agrees to
provide to the best of its ability and in a non-discriminatory manner water service to all users on the
Property in accordance with the Preliminary Plan. Watermains serving the Property and those
approved as part of the development shall be installed by the Developer and, except for service
connections to the building shall, upon installation and acceptance by the Village through formal
acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the
Village water system maintained by the Village.
8. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Developer and to use
their best efforts to aid Developer in obtaining such permits from governmental agencies having
6
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 Illinois Department
of Transportation and Cook County Highway Department as may be appropriate. The Developer
shall construct sanitary sewers as necessary to service the Property, pursuant to EXHIBIT D-l. 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
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 that may be necessary to
service the Property pursuant to EXHIBfT D-1 . 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
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.
EXHIBIT A Legal Description
EXHIBIT A-1, Building floor plan and elevations dated as last revised February
13,
A-2 and A-3 2001
EXHIBIT B Development Improvement Agreement
EXHIBIT C Preliminary Plan (Site Plan 4, 1 of 1)) dated as last revised March
8, 2001
EXHIBIT D, D-1 Preliminary Engineering Plan (Grading Plan and Utility Plan) dated
as last revised February 12, 2001
8
EXHIBIT E Preliminary Landscape Plan (Sheets 1 and 2) dated as last revised
February 12, 2001
EXHMIT F Lighting Plan (Electric Plan and Photometric Plan) dated as last
revised January 23, 2001
12. Facilitation of Develolment. 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 its intention to fully comply with all Village requirements,its willingness to discuss
any matters of mutual interest that may arise, and its 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 or by an appropriate action at law or in equity to
secure the performance of the covenants herein described. If any provision of this Ordinance is held
invalid, such provisions shall be deemed to 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
9
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: David Hene
Dominick's Finer Foods, Inc.
711 Jorie Boulevard
Oak Brook, Il 60523
Copy to: Kourosh Tony Youshaei
Buffalo Grove Plaza L.L.C.
888 Beverly Place
Lake Forest, IL 60045
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:
10
Sectionmm 17.36.040.F.2. -To allow 604 off-street parking spaces rather than
640 spaces as required by the Ordinance for the building area of 140,725 square feet based on the
"shopping center" standard of one space per 220 square feet of building area. It is understood and
agreed that in order to support redevelopment of the Property, the Village has determined that the
off-street parking requirement for the Dominick's Supermarket shall be calculated using a standard
of one space per 250 square feet of floor area, and the requirement for all other portions of the
shopping center shall be calculated using the"shopping center" standard of one space per 220 square
feet of floor area.
B. EXHIBITS D and D-1 shall be revised to eliminate the fuel center(gasoline
sales facility). Said fuel center may be approved as a future phase of development of the Property
if the Corporate Authorities, in their sole discretion, determine that adequate off-street parking and
safe and efficient traffic circulation will be provided on the Property.
C. Developer shall submit an enhanced final landscaping plan for review and
approval by the Village Forester prior to modification of landscaping on the Property.
D. Truck deliveries to the Dominick's Supermarket and collection of refuse are
restricted to daily hours not earlier than 7:00 AM and not later than 10:00 PM. Any new tenants on
the Property shall also comply with said hours. New and renewed leases shall require tenants to
comply with said hours and new and renewed contracts for delivery services and refuse collection
shall comply with said hours. Current tenants shall comply with said hours to the extent possible.
E. All off-street parking spaces shall be available to all users of the Property and
shall not be restricted to certain owners, tenants, employees, clients or customers. If the Village
determines that easements are necessary to ensure public ingress and egress over all portions of the
11
Property, Owner shall provide said easements at the direction of the Village. The locations of
handicapped accessible parking spaces as depicted on EXHIBIT C are subject to modification as
directed by the Village.
F. Signs depicted on the attached EXHIBITS are not approved by this
this Ordinance. Said signage is subject to the provisions of the Village Sign Code.
G. Fire lanes shall be provided on the Property in compliance with the
recommendations of the Buffalo Grove Fire Department. Said fire lanes shall be approved by Village
ordinance.
H. Parking areas on the Property shall be improved, including reconstruction
as necessary. Outdoor lighting shall be installed in accordance with a final lighting plan approved
by the Village. Said final lighting plan shall be submitted at the time of application for approval of
a final plat for the Property. In the event that a final plat is not required, said lighting plan shall be
submitted at the time the Development Improvement Agreement is submitted for approval by the
Village.
18. Effect. This Ordinance shall be in full force and effect from and after it passage and
approval. This Ordinance shall not be codified.
AYES: 6—Marienthal Braiman HendricmmmIT_mm ks Glover, Berman„ Johnson�—,
NAYES: 0 - None
ABSENT: 0 --None
PASSED: March 19„ 2001
APPROVED: March 19 2001
12
ATTEST: APPROVED:
6010� oe
Village 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
13
EXHIBIT A
Legal Description
Dominick's Supermarket
Plaza at Buffalo Grove
West side of Buffalo Grove Road north of Dundee Road
Lot I in Ranch Mart Subdivision, being a subdivision in the west 3/4 of the southwest 'A of
Section 4,Township 42 North, Range 1 I East of the Third Principal Meridian, in Cook County,
Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The Plaza at Buffalo Grove shopping
center(11.12 acres), west side of Buffalo Grove Road north of Dundee Road
PIN: 03-04-301-031
....................... .......................- ..................... ......... ............
LOCATION MAP
Plaza at Buffalo Grove, Buffalo Grove Rd/Dundee Rd
-� Site
133�
2 --1L'1 --=---1 E
7 374 5&p;
I6 F U rq
n
L
LL-
(k 410
Z
19 22< 41 41 L7,
C)
22 4 7412
STILLWELL DR-
323 Li
50 >
6 0
1471
C�
1485
WCI 496I79298 64 X
92 5 490 (D
L, 493 80 _j X
514 two) <
TRAILSDO CT. MOH
3t. �x`I qffl;�T�:: 10 --, /
R0
OD
OD 5 ii4- N. e17-
56
94 5755 321 >
-9, 580 583 2 T
-)9-)b)U D <
04 605 600
0 X I/
613 616 1607
1617,bjU 15
SE'4 625620 \,�>
,34 635 630 4 �71- 16 101
7144 o 645 640643 6. ?,4 1,
-65 0
Z
64(L 665 bbU
201
141
7 4 675670
� —
-64 �91211-
93
2"31- XN ,
X\`V
xK"/
6956901 s 655 �45 221 Ir
704 705 70016 \
03 7jA 715 710 oyc e
124 Kilmer School
723 x
134 735730- & Park 8
X X,
�754( bJ y x x
V I
755 760 < 3764 X X",Y
781 Z ID 61 B
7]6
N in I x 'XI
r,p,/ _CHENAUL RD. 'CT, I. 1?�\/Xl ✓ " I /I X K
4
C80 2 3
Co
X,
Krl ...........%
.................... to 88
—P-0-DE , --EK—wy --- DUNDEE RD
.......... ..................... .................... .......... ..........................................
391 3133"
257-205
0400
105 ..................... �-45
'-n B3 Nto 7,
')60
>
R1* (7
7� 25
R5*
F345 j Cornhridr e 451
rL, 7
1 3 "
- 351�7 B .......... Park
5 3 225
*2
)77
62-
8 37
73 U 4 999
9- 2 367
x -- 4
4-------- 4z 1�2N n,n Cr
Q
0 6
Z
072
07
...........—7 71 7'�-�
, ,1-1 --n
n. / "Z
09,C�U,
U/ 00 '/8
Ite I
7 7
y—<�u
............... ....... Qj 20
134
Y, X 21 ....... ------
UNIVERSITY DIR 176
L I ➢ I j
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. 20017/
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALWL-c--'�200r
GR E
THIS DAY
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & Lake Counties, Illinois,
this i day of � 2001
illage Clerk ,
By_
De ty Village Clerk