2012-04-02 - Ordinance 2012-012 - APPROVING THE THIRD AMENDMENT TO THE PLAZA BG SHOPPING CENTER PUD IIIIII IIIIIIIIIIII �l IIIIIIVIIIIIIIIII� IIIII
Doc#: 1223410113 Fee: $52.00
3/29/2012 Eugene "gene" Moore RHSP Fee:$10.00
Cook County Recorder of Deeds
Date: 08/21/2012 12:48 PM Pg: 1 of 8
ORDINANCE NO. 2012—12
AN ORDINANCE APPROVING THE THIRD AMENDMENT
TO THE PLAZA AT BUFFALO GROVE SHOPPING CENTER
PLANNED UNIT DEVELOPMENT(PUD)
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
PUD amendment concerning improvements to the
building facade, parking areas and landscaping, and a
special use for a bank drive-through facility
686-830 Buffalo Grove Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the Plaza at Buffalo Grove shopping center (hereinafter referred to as the
"Property") is legally described in Exhibit A attached hereto; and,
WHEREAS, the Property is zoned in the B-3 Planned Business Center District, and is
occupied by a shopping center with an overall floor area of approximately 137,064 square feet;
and,
WHEREAS, Buffalo Grove Plaza Holding LLC,an Illinois limited liability company,("Owner")
is the owner of the Property; and,
WHEREAS,Village Ordinance No. 2001-13 approved the second amendment of the Planned
Unit Development ("PUD")for the Property allowing redevelopment including construction of a
supermarket and related site improvements; and,
WHEREAS, the site improvements approved by Ordinance No. 2001-13 included
construction of a traffic signal on Buffalo Grove Road at the driveway entrance to the Property, in
accordance with that certain Contingent Infrastructure Agreement dated January 9, 2001 by and
among Owner, Dominick's Finer Foods, LLC ("Dominick's") and the Village; and,
WHEREAS, said traffic signal has not been constructed; and,
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WHEREAS, Owner has petitioned for approval of an amendment to the planned unit
development and approval of a special use concerning proposed improvements including a bank,
fagade improvements to a portion of the existing shopping center building and construction of the
traffic signal on Buffalo Grove Road; and,
WHEREAS, Owner has entered into a ground lease (the "Chase Lease") with JPMorgan
Chase Bank, N.A. ("Chase") pursuant to which a bank building with a drive-through facility is to be
constructed in the southeast portion of the Property in an area currently used for off-street
parking ("Bank"); and,
WHEREAS, said drive-through facility requires approval as a special use pursuant to the
provisions of the Village Zoning Ordinance; and,
WHEREAS,Owner also proposes modifications to the shopping center building facade south
of the supermarket, and,
WHEREAS,the proposed plan incorporates parking lot modifications to accommodate the
proposed Bank and to install parking adjacent to the portion of the shopping center building south
of the supermarket; and,
WHEREAS, the proposed plan includes provisions to complete construction of the traffic
signal on Buffalo Grove Road as required in the amendment approved by Village Ordinance No.
2001-13; and,
WHEREAS, Owner has represented in the petition for amendment of the planned unit
development and approval of the special use that the proposed development will be competed
pursuant to the following exhibits:
EXHIBIT A Legal Description of Property
EXHIBIT B Owner's Acceptance and Agreement concerning Planned Unit
Development approval
EXHIBIT C Site Plan,Sheet SP-1 (overall shopping center) dated as last revised
March 1, 2012 by Gewalt Hamilton Associates, Inc.
EXHIBIT D Proposed Preliminary Utility Plan, Sheet SP-2 dated as last revised
March 1, 2012 by Gewalt Hamilton Associates, Inc.
EXHIBIT E-1 Landscape Plan — Buffalo Grove Plaza dated as last revised March
14, 2012 by 3D Design Studio
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EXHIBIT E-2 Proposed Landscape Plan—Chase Bank dated as last revised March
14, 2012 by 3D Design Studio
EXHIBIT F Building elevations— proposed fa4ade improvements for shopping
center building dated as last revised November 22, 2011 by A+M
Architects LLC
EXHIBIT G Building elevations—Chase Bank dated as last revised September 29
2011 by The Architects Partnership, Ltd
EXHIBIT H-1 Memorandum concerning site plan revisions and parking
modifications dated March 1, 2012 by Donald E. Dixon, P.E., Gewalt
Hamilton Associates, Inc.
EXHIBIT H-2 Traffic Planning Study dated April 5, 2011 by Gewalt Hamilton
Associates, Inc.
EXHIBIT I Assignment, Assumption and Amendment of Contingent
Infrastructure Agreement by and among Owner, Dominick's and the
Village (the "Amended Infrastructure Agreement").
WHEREAS,the Village Plan Commission conducted a public hearing on November 30,2011
concerning the petition for amendment of the Planned Unit Development and request fora special
use for a drive-through facility, including variations of the Village Zoning Ordinance pertaining to
off-street parking required by Section 17.36.040.F.2 and Section 17.36.040.G.2.concerning vehicle
stacking spaces for a bank drive-through facility; and,
WHEREAS,the Plan Commission determined that the testimony and exhibits presented by
the Petitioner at the public hearing demonstrated that the proposed drive-through facility would
comply with the criteria for a special use set forth in Section 17.28.040 of the Village Zoning
Ordinance and that sufficient testimony was provided to support the requested variations of the
Village Ordinance; and,
WHEREAS,the Plan Commission voted 5 to 0 to recommend approval of the amendment of
the Planned Unit Development, special use for the drive-through facility, and the requested
variations of the Village Zoning Ordinance; and,
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have
determined that the amendment the Planned Unit Development, approval of the special use for
the drive-through facility and variations of the Village Zoning Ordinance as set forth in the exhibits
hereto will allow appropriate development of the Property and will be compatible with adjacent
properties.
NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
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OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS:
Section 1. This ordinance (the "Ordinance") is made pursuant to and in accordance
with the Village's Zoning Ordinance and the Village's Home Rule powers.The preceding whereas
clauses are hereby
incorporated herein.
Section 2. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving the Third Amendment of the Planned Unit Development for the Plaza at
Buffalo Grove shopping center, including a special use for a drive-through facility to be constructed
for the proposed Bank in the southeast portion of the Property pursuant to the exhibits hereto,
with the following conditions:
A. A variation of Section 17.36.040.F.2 of the Village Zoning Ordinance is granted to
allow a reduction of 45 off-street parking spaces for the Property for an overall
total of 560 off-street spaces, based on the parking demand analysis set forth in
Exhibits H-1 and H-2 hereto.
B. A variation of Section 17.36.040.G.2. of the Village Zoning Ordinance is granted to
allow five stacking spaces for vehicles instead of six spaces for the customer service
lanes of the drive-through facility serving the proposed Bank.
C. The final landscape plans are subject to approval by the Village Forester
D. Site development plans pursuant to the requirements of the Village Development
Ordinance are subject to approval by the Village Engineer.
E. Easements for utilities shall be provided on the Property at the direction of the
Village Engineer.
F. The locations of signs for pedestrian crossings of traffic lanes and travel aisles on
the Property are subject to approval by the Village.
G. In the event that the property ownership of the lease parcel for the proposed Bank
is conveyed or sold, a plat of resubdivision shall be submitted for review by the
Village prior to said conveyance or sale.
H. Signs depicted on the exhibits hereto are not approved bythis Ordinance.Signs are
subject to the regulations and procedures set forth in the Village Sign Code.
I. Phasing of improvements:
i. Owner or its agent shall submit the necessary applications for the Cook
County Highway Department ("CCHD") permit and Illinois Department of
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Transportation ("IDOT") permit (the "Traffic Signal Permits") for
construction of the traffic signal on Buffalo Grove Road (the"Traffic Signal")
within thirty (30) days of the date of approval of this Ordinance.
ii. Owner shall apply for the Traffic Signal Permits prior to the Village issuing a
building permit for the Bank on the Property. Chase may apply for a
building permit for the Bank and the Village agrees to undertake a
customary review of Chase's application for a building permit prior to the
Owner having applied for the Traffic Signal Permits.
iii. Development Improvement Agreements (DIAs)and final engineering plans
in accordance with the requirements of the Village Development Ordinance
shall be submitted prior to application for any building permits on the
Property concerning the improvements set forth in the exhibits hereto.
iv. The Village will not issue any building permits concerning the improvements
set forth in the exhibits hereto until said Development Improvement
Agreements and required letters of credit have been approved by the
Village.
V. Within fourteen (14) days after the Village's approval of this Ordinance,
Owner shall file applications for all permits and approvals necessary from
the Village to perform the building fagade improvements, the
reconfiguration of the parking lot of the Property, and the landscaping
improvements on the Property which are identified and depicted on
Exhibits C, E-1 and F hereto(the"Property Improvements"),which permits
shall be subject to final approval by the Village. Notwithstanding the
foregoing,the Village shall issue the permits for the Property Improvements
if the plans submitted by Owner are in accordance with the drawings
attached hereto as Exhibits C, E-1 and F.
vi. The Village shall not issue a certificate of occupancy for the Bank on the
Property until the Property Improvements are substantially complete. As
used herein, the term "substantially complete" shall mean completion of
the Property Improvements so that they may be used by the tenants,
occupants and customers of the shopping center located on the Property,
subject to the completion of minor punch list items, as determined by the
Village in its sole but reasonable discretion. The Village acknowledges and
agrees that if Owner fails to complete the Property Improvements in
accordance with the requirements of the Chase Lease, Chase will have the
right (but not the obligation) under the terms of the Chase Lease to
complete the Property Improvements.
vii. In the event of a conflict between the terms and provisions of this
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Ordinance and the terms and provisions of the Amended Infrastructure
Agreement regarding the phasing of improvements, issuance of building
permits or issuance of certificates of occupancy,the terms and provisions of
the Amended Infrastructure Agreement shall control.
Section 3. The terms and conditions of approval set forth in Village Ordinance No. 2001-13
remain in full force and effect unless specifically modified by this Ordinance.
Section 4. This Ordinance shall be in full force and effect upon the submittal of the executed
Owner's Acceptance and Agreement, Exhibit B of this Ordinance. This Ordinance shall not be
codified.
AYES: 6 lberman, Trilling, Sussman, Terson, Stein, Ottentieimer
NAYS: 0 — None
ABSENT: 0 -- None
PASSED: April 2, 2012 APPROVED: April 2, 2012
u
ATTEST: APPROVED:
fa*..............
Village Clerk JEFF S. RAIMAN, Village President
This document was prepared by: Robert E. Pfeil,Village Planner
Village of Buffalo Grove, IL
Mail to: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
EXHIBIT A—Legal description
Plaza at Buffalo Grove shopping center
686-830 Buffalo Grove Road, Buffalo Grove, IL
Lot 1 in the Ranch Mart subdivision,being a subdivision in the west three quarters of the southwest quarter
of Section 4,Township 42 North, Range 11 East of the Third Principal Meridian in Cook County, Illinois.
PIN: 03-04-301-031-0000
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EXHIBIT B
Plaza at Buffalo Grove shopping center
686-830 Buffalo Grove Road, Buffalo Grove, IL
Owner's Acceptance and Agreement concerning approval of
Amendment to Planned Unit Development and
a special use for a drive-through banking facility
Buffalo Grove Plaza Holding LLC does hereby accept and agree to abide by and be bound by each
of the terms, conditions and limitations set forth in Ordinance No. 2012-12 duly passed and
approved by the Village of Buffalo Grove, IL approving an amendment of the planned unit
development ordinance and special use for the Property to allow construction of the proposed
bank, fa4ade improvements to the shopping center building, and landscaping and parking lot
modifications.
Buffalo Gro4 Plaza Holding LLC,
an Illirl�o's li i liability company
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