1995-098 10\2\95
ORDINANCE 95 - 98
SCARSDALE CENTER OFFICE BUILDING
South side of Aptakisic Road, east of Buffalo Grove Road
Planned Unit Development Ordinance
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, Scarsdale Development Ltd. (hereinafter referred to as the "Developer"
is the developer of a certain tract of property (hereinafter referred to as the "Property")
comprising 1.41 acres legally described and identified in the Legal Description, which is
attached hereto as EXHIBIT A, which exhibit is made a part hereof and which real estate
is within the corporate limits of the Village; and,
WHEREAS, said Property is zoned in the Residential Estate District pursuant to the
Buffalo Grove Zoning Ordinance and an Annexation Agreement dated February 4, 1991
approved by Ordinance 91-6; and,
WHEREAS, the Village has received a petition from the Developer, and
Frank Morelli and Edward Covici as beneficiaries of La Salle National Bank
Trust #111557 and La Salle National Bank as Owner of the Property as Trustee under
Trust#111557, requesting rezoning of the Property to the B-3 Planned Business Center
District, approval of a Business Planned Unit Development, approval of a Preliminary Plan
and approval of variations to the Village Zoning Ordinance and Development Ordinance;
and,
WHEREAS, Developer proposes to construct a one and two-story office
building on the Property in accordance with and pursuant to a certain Preliminary Plan
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prepared by Systems Design Group, Ltd. and dated as last revised August 30, 1995, and
also a Preliminary Engineering Plan prepared by Systems Design Group and dated as last
revised August 30, 1995, (hereinafter jointly referred to as "Preliminary Plan") a copy of
which Preliminary Plan is attached hereto as EXHIBITS B and D and incorporated herein,
and subject to all other exhibits attached hereto or incorporated by reference herein,. Said
development of property shall consist of a one and two-story office building of 20,500
gross square feet of floor area.
WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the
Village has held a public hearing and made their recommendations pursuant to Chapter
17.28 and Section 17.44.040 of the Zoning Ordinance with respect to the requested
zoning in the B-3 Planned Business Center District, a Business Planned Unit Development
and variations of the Zoning Ordinance, and pursuant to the Development Ordinance with
respect to approval of the Preliminary Plan and variations of the Development Ordinance;
and,
WHEREAS, the President and Board of Trustees after due and careful consideration
have concluded that the zoning and development of the Property development on the
terms and conditions herein set forth would further enable the Village to control the
development of the area and would serve the best interests of the Village; and,
WHEREAS, the President and Board of Trustees of the Village (sometimes
hereafter referred to as the "Corporate Authorities") do hereby find that the evidence
presented meets the requirements for a Business Planned Unit Development and
Preliminary Plan.
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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:
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, zoning the Property in the B-3 Planned Business
Center District with a Business Planned Unit Development, subject to the restrictions
further contained herein, including Paragraph 20.F. and all applicable ordinances of the
Village of Buffalo Grove as amended from time to time. Said zoning shall be further
conditioned on the development of the Property in accordance with the Preliminary Plan
(EXHIBITS B and D) and other exhibits attached hereto or incorporated by reference
herein.
3.1m. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBITS B and D) pursuant to the provisions of the Development Ordinance. The
Corporate Authorities agree to approve a Development Plan (including plats of subdivision)
based on final versions of the plans and drawings of the development of the Property as
submitted by the Developer provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan, 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
C) as amended from time to time.
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4. Compliance with Applicable Ordinances The Developer will 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
Agreement 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 the ordinances or regulations will 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 changes - (a) involves a reduction of the area set aside for common open space;
nor (b) increases by more than two percent(2%)the floor area proposed for nonresidential
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use; nor (c) increases by more than two percent (2%) the total ground area covered by
buildings.
6. Buildina 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 Agreement, 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 Developer or property 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 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 buildings shall, upon installation and acceptance by the
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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 Lake County Department of Public Works for the collection
of sewage and to the Lake County Division of Transportation as may be appropriate. The
Developer shall construct on-site and off-site sanitary sewers as may be necessary to
service the Property, as per EXHIBIT D. 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
systems, 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 on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBIT D. 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 that portion of the storm sewer system which serves public streets,
and the Developer agrees to operate and maintain that portion of the storm sewer system
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located on the subject Property and not dedicated, and shall record a covenant to that
effect within thirty (30) days of the recording of the Plat of Subdivision.
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. Payment of Recapture Fees Owed Any amount of recapture required to be
paid by this Property shall be due and payable to the Village upon final platting of the first
plat of subdivision of any portion of the Property.
11. 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 C) 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.
12. Right of Way Dedication At the request of the Village, but no later than
upon approval of the first plat of subdivision of any portion of the Property, Developer
agrees to dedicate such additional right-of-way along Aptakisic Road as may be required
by the Lake County Division of Transportation.
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13. 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 Preliminary Plan (Site Plan) dated as last revised August 30,
1995 by Systems Design Group, Ltd.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Engineering Plan dated as last revised
August 30, 1995 by Systems Design Group, Ltd.
EXHIBIT E Preliminary Floor Plan dated as last revised August 30, 1995
by Systems Design Group, Ltd.
EXHIBIT F Final Landscape Plan dated as last revised September 27,
1995 by JEN Land Design, Inc.
EXHIBIT G Site and Zoning Information Sheet dated August 30, 1995 by
Systems Design Group, Ltd.
14. Building. Landscaping and Aesthetics Plans. Developer will submit building
and landscaping plans (which landscaping plans shall conform to the requirements of
Village Ordinances) for approval by the Appearance Commission and the Corporate
Authorities before commencing construction of buildings. Lighting and signage shall be
compatible with surrounding areas as approved by the Appearance Commission. Phases
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not under construction or completed shall be maintained in a neat and orderly fashion as
determined by the Village Manager.
15. 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 requires their
continued cooperation. The Developer does hereby evidence his intention to fully comply
with all Village requirements, his willingness to discuss any matters of mutual interest that
may arise, and his 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.
16. 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 provisions contained herein.
17. Binding Effect of Ordinance This Ordinance shall be binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
18. Corporate Capacities The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities are
entering into this Agreement in their official capacities as members of such group and shall
have no personal liability in their individual capacities.
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19. 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: Frank Morelli
Scarsdale Development Ltd.
1608 Barclay Blvd.
Buffalo Grove, IL 60089
Copy to: Gerald M. Tenner, Esq.
Marks, Marks and Kaplan, Ltd.
120 North LaSalle Street, Suite 3200
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
1140 Lake Street, Suite 400
Oak Park, IL 60301
20. Special Conditions.
A. The following variations to the Village's Zoning Ordinance are
hereby granted:
Section 17.16.060 - To allow a B-3 Zoning District area of 1.41 acres
instead of 5 acres;
Section 17.36.050.A.3 -To allow zero (0) loading spaces instead of one (1);
Section 17.44.040.D.3 -To allow a 12-foot setback from residential property
lines instead of 50 feet pursuant to EXHIBITS B and D.
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Section 17.44.040.D.5.a. - To allow a waiver of the requirement to provide
a solid wall, fence or hedge adjoining the residential zoning district lines to
the east and south of the Property.
B. The following variations to the Village's Development Ordinance are
hereby granted pursuant to EXHIBIT D:
Section 16.50.040.C.3 - To allow timber grade transitions of approximately
two (2) feet in height instead of side slopes of not steeper than four (4)
horizontal to one vertical. If said variation is eliminated in the Final
Engineering Plan, then the variation granted by this Ordinance is void.
Section 16.50.080 -To pay cash in lieu of constructing an 8-foot wide public
sidewalk along Aptakisic Road. If the Village determines that said sidewalk
should be constructed by the Developer before said cash payment is made,
Developer shall construct said sidewalk at the direction of the Village.
C. Developer shall provide public access easements on the Property as
required by the Village.
D. Developer shall convey to the Village by warranty deed in fee simple
the 0.20-acre parcel labeled as "16' wide strip" on EXHIBIT B. Developer
shall provide an environmental indemnification as approved by the Village
prior to said conveyance. Said conveyance shall be made at the request of
the Village and pursuant to the requirements of the Village. The Village
shall provide an easement to allow construction of the stormwater sewer and
for drainage as depicted on EXHIBIT D.
E. Outside parking areas on the Property shall be used for vehicles
directly related to office uses on the Property. Equipment and vehicles not
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directly related to said office uses shall not be parked or stored on any
outside portion of the Property. There shall not be any overnight parking on
the Property, except for passenger automobiles.
F. Uses on the Property shall be limited to:
1. Offices, showrooms and storage for display, sale, consultations,
services and/or on-site assembly all for new home sales and
construction related to:
a. Carpets and rugs
b. Linoleum, tile and other flooring
C. Paint and wallpaper
d. Cabinets, fixtures, plumbing fixtures and countertops
e. Electrical fixtures and lighting
f. Upholstery, draperies and slipcovers
g. Interior decorating
h. Business offices, including new home sales center
2. Offices and showrooms for other sales and services similar to those
listed in Section 1. above, and which are both compatible with the site and
which are closely-related and/or incidental to new home construction and
sales, as determined by the Corporate Authorities.
3. Offices - business and professional
21. Effect. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
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AYES: 6 - Marienthal Reid Rubin Braiman Hendricks, Glover
NAYES: 0 - None
ABSENT: O - None
PASSED: October_ 2, 1995
APPROVED: October 2, 1995
AP ROVED:
SIDNEY H. MATHIAS
Village President
ATTEST:g
Villa Clerk
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EXHIBIT A
SCARSDALE CENTER
SDG #A115
LEGAL DESCRIPTION
OUTLOT "A" (EXCEPT THE SOUTHERLY 544.37 FEET THEREOF) IN WESTCHESTER ESTATES UNIT
2 BEING A SUBDIVISION IN PART OF THE NORTHWEST 1/4 OF SECTION 28, TOWNSHIP 43
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, RECORDED NOVEMBER 7, 1991
AS DOCUMENT NO. 3051717 IN LAKE COUNTY, ILLINOIS.
EXHIBIT G
ARCHITECTS
P ° si Fi SDG LA14NERS � Pie Drve. ute TM
ENGINEERS Schaur". 1111mis 60173
(708) 413-M
FAX (708) 413-0314
SCARSDALE DEVELOPMENT AUGUST 30, 1995 (REVISED)
Proposed Office Facility SDG #A115
SIT$ AND ZONING INFORMATION
Aptakisic Road, East of Buffalo Grove Road
Buffalo Grove, Illinois
ZONING: EXISTING: RESIDENTIAL ESTATE RE
PROPOSED: Planned Business Center B-3
SITE AREA: MINIMUM REQUIRED 10, 000 S.F.
B-3 PORTION OF SITE: 61,500 S.F. 1.41 ACRES
16' WIDE DEDICATION STRIP: 8,625 S.F. 0.20 ACRES
USE: EXISTING: VACANT
PROPOSED: OFFICES
F.A.R. ALLOWABLE: (MAXIMUM) 0.500 30, 750 S.F.
PROPOSED: (INCL. PARKING) 0.300 20, 500 S.F.
BUILDING AREA: OFFICE/WAREHOUSE 12,950 S.F.
MEZZANINE SPACE 1,600 S.F.
INSIDE PARKING 5 950 S.F.
TOTAL 20, 500 S.F.
YARDS: FRONT: REQUIRED (BUILDING) 25'
ACTUAL (BUILDING) 64'
REQUIRED (PARKING) 12'
ACTUAL (PARKING) 14'
SIDE/REAR: REQUIRED (BY BUSINESS) 0'
PROPOSED 12'
SIDE/REAR: REQUIRED (BY RESIDENTIAL) 50'
PROPOSED 12' *SEE NOTE
TRANSITIONAL: REQUIRED 12'
PROPOSED 12' (MINIMUM)
BUILDING HEIGHT: ALLOWABLE: 35,
PROPOSED: ` 26' (MAXIMUM)
PARKING: REQUIRED: (BASED ON OFFICE USES) 49 SPACES
PROPOSED: (INCLUDING INSIDE PARKING) 49 SPACES
* Note: Property to southwest is Zoned R-1 - Special Use but is owned
by Commonwealth Edison Company.
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10/2/95
SCARSDALE CENTER OFFICE BUILDING
South side of Aptakisic Road, east of Buffalo Grove Road
Planned Unit Development Ordinance
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
2. Enactment of Zoning Ordinance . . . . . . . . . . . . . . . . . . . . . . . 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 Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10. Payment of Recapture Fees Owed . . . . . . . . . . . . . . . . . . . . . 7
11. Security of Public and Private Site Improvements . . . . . . . . . . 7
12. Right of Way Dedication, . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
14. Building, Landscaping and Aesthetics Plans . . . . . . . . . . . . . . . 8
15. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . 8
16. Enforceability of the Ordinance . . . . . . . . . . . . . . . . . . . . . . . 9
17. Binding Effect of Ordinance. . . . . . . . . . . . . . . . I . . . . . . . . . . 9
18. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
19. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
20. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
21. Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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