2000-040 7/17/00
ORDINANCE NO. 2000 - 40
AN ORDINANCE APPROVING THE SECOND AMENDMENT
TO THE
MILBRO PROPERTY ANNEXATION AGREEMENT
Office building, Millbrook Business Center
Lot 1 of the Millbrook Business Center,
First Resubdivision,Unit One
Southwest corner of Half Day Rd (ILRoute 22)/Millbrook Drive
WHEREAS, the Village of Buffalo Grove (the "Village") is a Home Rule Unit by virtue
of the Illinois Constitution of 1970; and,
WHEREAS, the Village passed Ordinance 94-32 approving an Annexation Agreement,
dated June 6, 1994 for the 32.908 acres (32.423 acres net of right-of-way) known as the Milbro
property on the south side of Illinois Route 22 east of the Tenerife townhomes; and
WHEREAS, the Village passed Ordinance 97-14 approving an Amendment to said
Annexation Agreement annexing certain property described therein and granting certain
variations to the Village's Development Ordinance and Zoning Ordinance; and
WHEREAS, Millbrook IV LLC, an Illinois limited liability company, as Owner of the
Property legally described in Exhibit A hereto has submitted to the Corporate Authorities of the
Village a petition to further amend said Annexation Agreement to permit Owner to construct a
five-story office building pursuant to the Preliminary Plan and related exhibits as set forth in the
Second Amendment to the Annexation Agreement dated July 17, 2000, including additional
variations to the Village Zoning Ordinance; and
WHEREAS, proper and due notice of the public hearing concerning said Second
Amendment to the Annexation Agreement has been given and a public hearing was held; and
WHEREAS, it is determined to be in the best interest of the Village to approve said
Second Amendment to the Annexation Agreement.
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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. The preceding Whereas clauses are hereby made a part of this Ordinance.
Section 2. The Second Amendment to the Milbro Property Annexation Agreement
dated July 17, 2000, a copy of which is attached hereto and made a part hereof as EXHIBIT B, is
approved.
Section The President and Clerk of the Village are hereby authorized to execute
said Second Amendment on behalf of the Village.
Section 4. This Ordinance shall be in full force and effect from and after its passage
and approval. This Ordinance shall not be codified.
AYES: 5 — Marienthal, Braiman, Hendricks, Glover, Berman
NAYES: 0 — None
ABSENT: 0 — None
PASSED: July 17, 2000
APPROVED: July 17 2000
ATTEST: APPROVED:
a
illage Clerk ELLIOTT HARTSTEIN, Village President
This document prepared by: Robert E.Pfeil,Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
G:\PFEIL\PROJCURR\MfLLBROOK\ordinance2.doc
EXHIBIT A
Legal Description
Five-story office building,
Millbrook Business Center
Southwest Corner of Half Day Road(IL Route 22)/Millbrook Drive
Lot 1 of the First Resubdivision of Millbrook Business Center Unit One,Buffalo Grove, Illinois,
being part of the northwest quarter of Section 22 in Township 43 North, Range I I East of the Third
Principal Meridian in Lake County, Illinois.
7/17/00
SECOND AMENDMENT TO THE
MILBRO PROPERTY ANNEXATION AGREEMENT
Office building, Millbrook Business Center
Lot 1 of the Millbrook Business Center,
First Resubdivision, Unit One
Southwest corner of Half Day Road(IL Route 22)/Millbrook Drive
This Second Amendment to the Milbro Property Annexation Agreement (this "Second
Amendment) is made and entered into this 17th day of July 2000, by and between the VILLAGE
OF BUFFALO GROVE (the "Village") by and through the President and Board of Trustees of the
Village (collectively, the "Corporate Authorities"), and MILLBROOK IV LLC, an Illinois limited
liability company (the "Owner").
WHEREAS, the Village passed Ordinance 94-32 approving an Annexation Agreement,
dated June 6, 1994 (the "Annexation Agreement"), with Owner's predecessor-in-interest, American
National Bank and Trust Company of Chicago, as Trustee under Trust Nos. 53914 and 59576, for
32.908 acres (32.423 acres net of right-of-way) known as the Milbro Property on the south side of
Illinois Route 22 east of the Tenerife Townhomes; and
WHEREAS, the Village passed Ordinance 97-14 approving an amendment to the
Annexation Agreement, dated February 3, 1997 (the "First Amendment"), annexing certain
property described therein and granting certain variations to the Village's Development Ordinance
and Zoning Ordinance; and
WHEREAS, the Owner is the owner of that portion of the real property described in the
Annexation Agreement now legally described as set forth in Exhibit A attached hereto and made a
part hereof,comprising 6.4 acres ("Lot I"); and
WHEREAS, pursuant to Paragraph 3 of the First Amendment, Paragraph 27 Special
Conditions of the Annexation Agreement was amended, in part, to permit the Village to review and
conduct a public hearing concerning site plan approval for the office building to be constructed at
the north end of the property depicted on Exhibit F to the First Amendment, being the same
property as now legally described in Exhibit A hereto and identified herein as Lot 1; and
2
WHEREAS, the Owner has submitted to the Corporate Authorities a petition to further
amend the Annexation Agreement to permit Owner to construct a five-story office building on Lot
1, including additional variations to the Village Zoning Ordinance, pursuant to the following
exhibits:
EXHIBIT A -Legal Description of Lot 1
EXHIBIT B - Exterior Materials List for proposed building and Parking Facility,
received April 28, 2000
EXHIBIT C -Title Sheet(Sheet A-0) dated July 10, 2000 by Loebl Schlossman
&Hackl (LSH)
EXHIBIT D - Preliminary Plan (Site Plan, Sheet Al-1) dated July 10, 2000 by
LSH
EXHIBIT E-Preliminary Engineering Plan (Sheets C-2, C-3 and C-4) dated July
10,2000 by S.D.1 Consultants, Ltd.
EXHIBIT F -Building Ground Floor Plan(Sheet A2-1) dated July 10, 2000 by LSH
EXHIBIT G - Building Elevations (Sheets A3-1 and A3-2) dated July 10, 2000 by
LSH
EXHIBIT H- Building Section (Sheet A4-1) dated July 10, 2000 by LSH
EXHIBIT I -Parking Deck Plans, Lower and Upper levels (Sheet PD-1) dated July
10, 2000 by LSH
EXHIBIT J - Parking Deck Elevations and Details (Sheets PD-2 and P-3) dated July
10, 2000 by LSH
EXHIBIT K- Landscape Plan (Sheets L-1 and L-2) dated July 10, 2000 by
Ives/Ryan Group, Inc.
EXHIBIT L- Photometric Site Plan (Sheet PH-1)dated June 21, 2000 by WMA
Consulting Engineers, Ltd.
NOW,THEREFORE, in consideration of the premises,mutual covenants and agreements
herein set forth, the parties hereto agree as follows:
1. The preceding "Whereas"clauses are incorporated herein and made a part of this
Second Amendment.
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2. The Annexation Agreement, as amended by the First Amendment, shall be and is
hereby further amended as follows:
A. Paragraph 27. Special Conditions of the Annexation Agreement, as amended
by the First Amendment, shall be further amended to grant the following
additional variations to the Village's Zoning Ordinance:
Paragraph 27.13:
2. Section 17.48.020.F.1:
To allow a setback of 59 feet, 6 inches instead of 73 feet, 8
inches for the proposed office building adjacent to Millbrook
Drive;
3. Section 17.48.020.F.2:
a.) To allow a west side yard of 29 feet, 6 inches instead of 63
feet, 8 inches for the proposed office building adjoining the
Ameritech switching station located in the Village of
Lincolnshire;
a.) To allow a north side yard varying from 12 feet, 8 inches on
the west to 12 feet, 2 inches on the east instead of 15 feet for
the proposed parking structure adjoining the Ameritech
property;
b.) To allow a south side yard varying from 8 feet on the west to 9
feet, 6 inches on the east instead of 15 feet for the proposed
parking structure;
c.) To allow a west side yard varying from 31 feet, 10 inches on
the north and 32 feet, 6 inches on the south instead of 60 feet
for the proposed parking structure adjoining the Tenerife
townhomes;
4. Section 17.48.020.F.7:
To allow the proposed office building to be five stories with a
height of 78 feet, 8 inches instead of four stories or 50 feet;
5. Section 17.36.030.F.1:
To allow a module of 60 feet instead of 63 feet for the
perpendicular(90-degree) parking stalls and access aisles in
the parking structure.
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B. Paragraph 27.Special Conditions of the Annexation Agreement, as amended
by the First Amendment, shall be further amended to add the following to
Paragraph 27.P:
A revised lighting plan, including the number, type and height of
outdoor lights shall be submitted for Village review at the time of
application for a building permit for the proposed office building.
Said lighting plan is subject to approval by the Village.
C. Paragraph 24. Notices of the Annexation Agreement, as amended by the First
Amendment, shall be further amended to change the addresses for the Owner
of Lot 1 and its counsel as follows:
Owner: Millbrook IV LLC
c/o Millbrook Properties LLC
425 Half Day Road, Suite 100
Lincolnshire, IL 60069
Attn: Eric Achepohl
Copy to: Mr. Jack Miller and
Mr. Harvey L. Miller
425 Half Day Road, Suite 100
Lincolnshire, IL 60069
and Copy to
Owner's Counsel:
Mark J. Horne, Esq.
Quarles & Brady LLC
500 West Madison Street, Suite 3700
Chicago, IL 60661-2511
3. Signs for the Property are not approved by this Amendment. Any proposed signs are
subject to the provisions of the Village Sign Code.
4. The Annexation Agreement, as amended by the First Amendment and this Second
Amendment, shall be binding on all parties and Lot 1 until June 6, 2020.
5. The Annexation Agreement, as amended by the First Amendment, is hereby
reacknowledged and reaffirmed as being in full force and effect, except as further amended by this
Second Amendment.
IN WITNESS WHEREOF,the Corporate Authorities and the Owner have caused this
Second Amendment to be executed by their respective proper officials duly authorized to execute
the same on the day and year first above written.
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VILLAGE OF BUFFALO GROVE
By: �'AK-Al�- ��
ELLIOTT HARTSTEIN, Village President
ATTEST:
JANti M. SIRABIAN, _Village Clerk
MILLBROOK IV LLC,
an Illinois limited liability company
By: MF Development Partners
Its: Managing Member
By: JM Development L.L.C.
By: lL
Natanager
k Miller
Its:
-AND-
By: HLM Deve me
By:
Name• y L. Miller
Its: ager
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
This document prepared by: Robert E.Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
G:/PFEIL/PROJCURR/MILLB ROOK/annexagrm2.doc
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EXHIBIT A
Legal Description
Five-story office building,
Millbrook Business Center
Southwest Corner of Half Day Road(IL Route 22)/Millbrook Drive
Lot 1 of the First Resubdivision of Millbrook Business Center Unit One, Buffalo Grove, Illinois,
being part of the northwest quarter of Section 22 in Township 43 North, Range 11 East of the Third
Principal Meridian in Lake County, Illinois.
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VILLAGE OF BUFFALO GROVE
ORDINANCE NO. ��J
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF BUFFALO GROVE
THIS ��DAY OF w , 2000
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Qrove, Cook Lake Counties, Illinois,
this day of ' 2000
Village Cleir
By O�
eputy Village Clerk