1999-103 ' 44791 Z5 1
12/20/99
Filed for Record in:
LAKE COUNTY IL
MARY ELLEN WDERVENTER - RECORDER
On Jan 14 2000
At 10:04aa
Receipt #: 211398
COOK COUNTY Doc/Type : ORD
Deputy - Cashier #6
RECORDER 00113927
EUGENE"GENE" MOORE 3003/0015 19 005 Page I of 18
ROLLING MEADOWS Cook
10=2S=46
Cook County Recorder 55.50
ORDINANCE 99 103
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00113927
AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE
PLAZA VERDE-EAST 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
Plaza Verde-East shopping center,
Walgreens store and site improvements
Southwest corner of Dundee Road/Arlington Heights 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, Massachusetts Mutual Life Insurance Company (hereinafter
referred to as the "Owner"), is the owner of a certain tract of property (hereinafter
referred to as the "Property") comprising 10.89 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,
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WHEREAS, Aetna Development Corp. (hereinafter referred to as the
"Developer,") as contract purchaser of the Property has petitioned to the Village for
approval of a an amendment to Planned Unit Development (P.U.D.) and Preliminary
Plan; and,
WHEREAS, Developer proposes to construct a Walgreens store with a total
floor area of 15,120 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 Groundwork, Ltd. dated as last revised December 9,
1999 and attached hereto as EXHIBITS E and E-1 , and incorporated herein, and a
Preliminary Engineering Plan prepared by Groundwork, Ltd. dated as last revised
December 9, 1999 and attached hereto as EXHIBIT F 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 the Village Development Ordinance concerning the
location of a public sidewalk along Dundee Road; 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
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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 . 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 a Special Use for
a Walgreens store with a drive-through facility for drop-off of prescription orders
and pick-up of prescription medications and over-the-counter medical items,
including modifications to the buildings, parking lot and landscaping on the Property
pursuant to EXHIBITS E, E-1 and F attached hereto, 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 E, E-1 and F) pursuant to the provisions of the
Development Ordinance. The Corporate Authorities agree to approve a
Development Plan (including a plat of subdivision) based on final versions of the
plans and drawings as submitted by the Developer provided that the Development
Plan shall:
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(A) conform to the approved Preliminary Plan (EXHIBITS E, E-1 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 D) as amended from time to time.
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
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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 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. 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
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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 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 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 Authorities agree to operate and
maintain such system, except for sanitary sewer service connections. The
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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 F. 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 Village Engineer related to the placement of buildings on lots, to
preserve drainage standards. The Developer shall install any storm sewers and/or
inlets which are required to eliminate standing water or conditions of excess
sogginess which 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
D) 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
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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 B Zoning Information sheet dated as last revised December
12, 1999 by Groundwork, Ltd.
EXHIBIT C East Building Parking Area Plan dated as last revised
December 6, 1999 by Groundwork, Ltd.
EXHIBIT D Development Improvement Agreement
EXHIBIT E Preliminary Plan (Preliminary Site Plan, 11 x17-inch, color)
dated as last revised December 9, 1999 by Groundwork,
Ltd.
EXHIBIT E-1 Preliminary Plan (Preliminary Site Plan, 24x36-inch)
dated as last revised December 9, 1999 by Groundwork,
Ltd.
EXHIBIT F Preliminary Engineering Plan dated as last revised
December 9,1999 by Groundwork, Ltd.
EXHIBIT G Preliminary Landscape Plan dated as last revised
December 9, 1999 by Pugsley and La Haie Ltd.
GROUP Building exterior elevations of Walgreens store (2 sheets)
EXHIBIT H dated as last revised December 1 , 1999 by KMA and
Associates, Inc.
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EXHIBIT I Proposed building elevations for shopping center
improvements dated November 19, 1999 by KMA and
Associates, Inc.
EXHIBIT J Preliminary Lighting Plan dated as last revised December
9, 1999 by Groundwork, Ltd.
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 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.
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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: George Hanus
Aetna Development Corp.
333 W. Wacker Drive, Suite 2750
Chicago, IL 60606
Copy to: Lawrence M. Freedman, Esq.
Ash, Anos, Freedman and Logan, L.L.C.
77 W. Washington Street, Suite 1211
Chicago, IL 60602
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.
1 140 Lake Street, Suite 400
Oak Park, IL 60301
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17. Special Conditions.
A. The following variations are hereby granted pursuant to
EXHIBITS E, E-1 and F attached hereto:
Zoning Ordinance: Section 17.36.040.F.2. - To allow 457
off-street parking spaces rather than 571 spaces as required
by the Ordinance for the building area of 125,500 square
feet proposed in Phase 1 of the project;
Development Ordinance: Section 16.50.080.A.1 . - To allow
the re-constructed sidewalk along the south side of Dundee
Road to be located on the Property rather than within the right-
of-way of Dundee Road.
B. Developer shall submit a final landscaping plan for review and
approval by the Village Forester prior to modification of
landscaping on the Property.
C. Parking shall be provided pursuant to EXHIBIT C prior to the
start of construction of the Walgreens store. Adequate vehicular
and pedestrian access for clients and customers using the
businesses on the Property shall be maintained at all times
during construction of the Walgreens store and any other site
improvements. The parking depicted on EXHIBIT C shall not be
used for the parking of construction workers' vehicles, or
construction vehicles or equipment. Signs shall be installed as
reviewed and approved by the Village to ensure adequate and
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safe access for all businesses on the Property during
construction of the Walgreens store and any other site
improvements.
D. In order to guarantee the timely performance of the
requirements of Paragraph E. and I. of this Ordinance, the
Developer shall post with the Village, prior to issuance of any
Village building permit for the Property, a letter of credit or cash
bond in the amount of $250,000.00 (hereinafter sometimes
referred to as the "Project Guarantee").
E. The modifications to the south building on the Property as
depicted on EXHIBITS E and E-1 to:
i. Remove a portion of the south building;
ii. Construct 26 parking spaces; and
iii. Modify the exterior building appearance and
signage
shall be started concurrently with the construction of the
Walgreens building and shall be completed no later than twelve
(12) months after the issuance of a certificate of occupancy for
the Walgreens building.
If said modifications are not completed within said twelve
(12) month period, then the Village shall have the right to draw
$50,000.00 from the Project Guarantee. If said modifications to
the south building are completed to the Village's satisfaction
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within said twelve (12) month period, then the Village shall
authorize a $50,000.00 reduction in the Project Guarantee. Any
action by the Village concerning the Project Guarantee shall not
release the Developer from the obligation to complete the south
building modifications.
If said modifications are not completed within said twelve
(12) month period, then no new tenants shall be allowed to
occupy the Property until said modifications are completed.
In addition, said modifications and site improvements
shall be bonded pursuant to the Development Improvement
Agreement (EXHIBIT D attached hereto in draft form and as
J
properly completed and executed by the Developer and
approved by the Village).
F. EXHIBIT I concerning modifications to the exterior
building appearance and signage for the Plaza Verde-East
shopping center is not approved by this Ordinance. Information
concerning building materials and colors and signage, including
samples of said materials, shall be submitted to the Village for
review and approval prior to the issuance of permits for any
building modifications or signage.
G. Truck deliveries to the Walgreens store shall be scheduled to
minimize adverse impacts on adjacent businesses, as
determined by the Village.
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H. The plat or plats of subdivision for the Property shall include
easements for public ingress and egress over all portions of
the Property and shall further provide that 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.
I. Developer shall make the necessary arrangements to have all
tenants in the "East building," on the Property (labeled as
"Parking Area, Phase II Construction," on EXHIBITS E and E-1
attached hereto) vacate said East building, and said building
shall_be demolished immediately thereafter.
If said East building is not demolished by December 31 ,
2002, then the Village shall have the right to draw up to
$50,000.00 from the Project Guarantee.
If said East building is not demolished by June 30, 2003,
then the Village shall have the right to draw an additional
$50,000.00 from the Project Guarantee.
If said East building is not demolished by December 31 ,
2003, then the Village shall have the right to draw an additional
$50,000.00 from the Project Guarantee.
If said East building is not demolished by June 30, 2004,
then the Village shall have the right to draw an additional
$50,00.00 from the Project Guarantee.
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Any action by the Village concerning the Project
Guarantee shall not release the Developer's obligation to
complete the East building demolition and the parking lot
improvement. If said East building is demolished and the
"Parking Area, Phase II Construction" depicted on EXHIBITS E
and E-1 is completed prior to any of the aforesaid dates, then
the balance remaining in the Project Guarantee shall be released
to the Developer.
Site improvements (including said building demolition)
shall be bonded pursuant to the Development Improvement
1
Agreement (EXHIBIT D attached- hereto in draft form and as
properly completed and executed by the Developer and
approved by the Village).
J. A minimum of fifty (50) percent of the total gross leasable
building area on the Property shall be occupied by businesses
generating retail sales tax.
All permitted uses in the B-1 and B-2 Districts are
allowed on the Property except for child care, automobile
service, automobile wash, hospitals, hotels and restaurant
drive-in facilities.
The Developer shall, on or before December 31 , 1999,
and on or before December 31 st of each subsequent year,
provide to the Village information listing all the tenants on the
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Property, the type of business conducted by each tenant, the
term of the lease of each tenant, the amount of building area
occupied by each tenant and the amount of vacant building
area.
K. Signs depicted on the attached EXHIBITS are not approved by
this Ordinance. Said signage is subject to the provisions of the
Village Sign Code.
L. 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.
M. Areas of the Property not under construction or completed shall be
maintained in a neat and orderly fashion as determined by the
Village Manager.
N. Parking areas on the Property shall be improved, including re-
surfacing if necessary, as determined by the Village. Re-striping
shall be completed in Phase 1 . Re-surfacing may be deferred
until Phase 2, provided that the parking lot meets the applicable
standards for property maintenance as determined by the
Village.
O. Developer shall provide information as required by the
Village to verify that adequate turning radii for delivery and
service vehicles serving the Walgreens store are provided at the
driveways on Dundee Road and Arlington Heights Road and in
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the parking areas and access aisles serving said Walgreens
store. Developer shall make modifications as required by the
Village to provide adequate turning radii for delivery and service
vehicles.
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: 5 - M,prien 1 Hen i lover Hartstein
NAYES: 1 - Braiman_
ABSENT: 1 - Reid
PASSED: December 20, 1999
APPROVED: December 20, 1999_
J
ATTEST: APPROVED:
b
Village Clerk ELLIOTT HARTSTEIN
Village President
C I �
Mail to
Village Clerk 01
Village of Buffalo Grove "11VW
50 Raupp Boulevard
Buffalo Grove, IL 60089
This document was prepared by: Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
G:\PFEIL\PROJCURR\PLAZVERD\PUDORD5.WPD 4479 5j-
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EXHIBIT A
Legal Description
Plaza Verde-East shopping center,
Walgreens store and site improvements
Southwest corner of Dundee Road/Arlington Heights Road
Lots 1 and 2 (except that part of Lot 2 dedicated for road purposes dedication
recorded as Document 86425149 and deed recorded as Document 87300644) in
Plaza Verde Unit One, being a subdivision of part of the northeast 1/4 of the
northeast 1/4 of Section 7, Township 42 North, Range 11 East, of the Third
Principal Meridian, according to the plat thereof recorded September 29, 1975 as
Document 23237770, in Cook County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: Plaza Verde - East shopping
center 0 0.89 acres), southwest corner of Dundee Road/Arlington Heights Road.
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