2009-039 °After recording mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
7/6/2009
ORDINANCE NO. 2009-39
AN ORDINANCE APPROVING A PRELIMINARY PLAN
IN THE B-3 PLANNED BUSINESS CENTER DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Heidner Holdings,LLC Property
1200 Dundee Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the real property legally described in EXHIBIT A ("Property") attached
hereto is zoned in the B-3 District; and,
WHEREAS, Heidner Holdings, LLC (hereinafter sometimes referred to as the "Owner")
is the Owner of the Property; and,
WHEREAS, the Village approved Ordinance No. 2008-22 for development of the
Property for an El Pollo Loco restaurant; and,
WHEREAS, Owner has advised the Village that the petitioner for said El Pollo Loco
restaurant has abandoned plans to develop said restaurant on the Property; and,
WHEREAS, Owner has petitioned the Village for approval of a Preliminary Plan to
renovate the existing building on the Property for a single commercial tenant; and,
WHEREAS, Owner proposes to renovate the building (floor area of 973 square feet) and
make related site improvements pursuant to the following exhibits that are attached hereto and
made a part hereof:
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EXHIBIT A Legal Description
EXHIBIT B Owner and Petitioner Acceptance and Agreement
EXHIBIT C Preliminary Plan (site plan) dated as last revised June 10,
2009 (Sheet AS.1, 11x17 inches)by Thomas V. Scesniak
Associates
EXHIBIT D Proposed exterior building elevations and floor plan dated
as last revised June 10,2009 (color, I Ix17 inches)by
Thomas V. Scesniak Associates
EXHIBIT E Landscape plan(two sheets, color photographs, 8'/z by
11 inches)
EXHIBIT F Letter dated July 1,2009 concerning environmental status
of the Property by Christopher Goluba
WHEREAS, the Village Plan Commission reviewed the proposed plans concerning
renovation of the existing building and determined that re—use of the building for commercial
purposes would be an acceptable use of the Property, and the Plan Commission voted 6 to 0 to
recommend approval of said plans; and,
WHEREAS, the President and Board of Trustees accept the recommendation of the
Village Plan Commission and have determined that renovation of the existing building on the
Property for commercial use, subject to the terms and conditions of this Ordinance, is an
acceptable use of the Property.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,
ILLINOIS:
Section 1. 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.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving renovation and use of the existing building on the Property for a single
commercial tenant in accordance with the exhibits hereto, subject to the following conditions:
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A. The existing trash enclosure shall be renovated as necessary to achieve
visual compatibility with the principal building on the Property.
B. Any changes to the outdoor lighting on the Property are subject to review
and approval by the Village.
C. Signs depicted on the exhibits hereto are not approved by this
Ordinance. The Petitioner shall submit the proposed sign package to the
Village for review and approval. If any variations of the Village Sign
Code are necessary to accommodate the proposed sign package, the
Owner shall submit the appropriate application for review by the Village
Zoning Board of Appeals.
D. Owner is responsible for removing snow from the Property and the
segments of public sidewalk along Dundee Road and Arlington Heights
Road adjacent to the Property. Snow shall be stored in a manner that does
not create visual obstructions for motorists or pedestrians. In the event that
snow storage cannot be adequately provided on the Property, Owner shall
make appropriate arrangements for off—site storage.
E. Owner understands and agrees that access for vehicles and pedestrians
between the Property and the Strathmore Square shopping center
adjoining the west and north property lines of the Property will enhance
traffic circulation in the area.
Owner hereby agrees to provide an access easement on the Property to
allow access for vehicles and pedestrians to and from the adjoining
Strathmore Square property.
Owner shall make best efforts with the owner of the Strathmore Square
property to effect a cross access easement allowing access for vehicles
and pedestrians to travel to and from the Strathmore Square property.
Owner agrees to modify the site plan and parking on the Property as
directed by the Village in its sole discretion to accommodate said access
for vehicles and pedestrians.
F. It is understood and agreed that the Property was previously occupied by a
gasoline station operated by ExxonMobil, that underground storage tanks
were removed from the Property in June 2007,"and that a Notice of
Release was sent to the Illinois Environmental Protection Agency
("IEPA"). The IEPA has approved a Corrective Action Plan (CAP) for
the Property and remediation of the contamination on the Property is
proceeding. Prior to issuance of the ViIIage Certificate of Occupancy for
the Property, the Owner shall demonstrate to the Village's satisfaction that
the Property does not pose a risk to the public health and that the Property
can be used for commercial purposes.
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G. Any amendments or modifications to the exhibits hereto are subject to
Village approval.
Section 3. This Ordinance allows the renovation and re—use of the existing building
for a single commercial tenant as set forth herein. Any expansion of the existing building,
modifications of the site plan approved herein, or redevelopment of the Property are
subject to the approval by the Village in its sole discretion.
Section 4. This Ordinance shall be in full force and effect from and after its passage
and approval, subject to execution by the Owner of the Acceptance and Agreement
attached hereto as Exhibit B, incorporated herein and made a part hereof and the filing of
said Acceptance and Agreement form with the Village. This Ordinance shall not be
codified.
AYES: 6—Braiman Glover Berman,Trilling, Stone, Sussman
NAYS: 0—None
ABSENT: 0—None
PASSED: July 6,2009 APPROVED: July 6,2009
ATTEST:
Village Clerk Elliott Hartstein,Village President
This document was prepared by:
Robert E.Pfeil,Village Planner Mail to: Village Clerk
Village of Buffalo Grove Village of Buffalo Grove
50 Raupp Boulevard 50 Raupp Boulevard
Buffalo Grove,IL 60089 Buffalo Grove,IL 60089
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EXHIBIT A
1200 Dundee Road
Buffalo Grove,Illinois
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 in Mobil's Arlington Heights Road
and Dundee Road Subdivision, beim a subdivision of part of the south half of the southeast
quarter of Section 6, Township 42 North, Range 11 East of the Third Principal Meridian,
according to the plat thereof recorded October 26, 1989 as document 8950357, in Cook County,
Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 0.473-acre parcel at
the northwest corner of Dundee Road and Arlington Heights Road, known as 1200 Dundee
Road, Buffalo Grove, IL
PIN: 03-06-400-059
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EXHIBIT B
Heidner Holdings,LLC Property
1200 Dundee Road
Owner Acceptance and Agreement concerning
ordinance approving use of renovated building
Heidner Holdings, LLC as owner hereby accepts and agrees to abide by and be bound by each of
the terms, conditions and limitations set forth in Ordinance No. 2009-39 duly passed and
approved by the Village of Buffalo Grove, IL concerning the plans to renovate the existing
building on the Property as set forth in said Ordinance.
The undersigned acknowledges that he has read and understands all of the terms and provisions
of said Buffalo Grove Ordinance No. 2009-39, and does hereby acknowledge and consent to
each and all of the provisions,restrictions, and conditions of said Ordinance.
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