2002-002 ... 1 r
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4937760
1/7/2002 FILED FOR RECORD BY:
MARY ELLEN VAMDERVENTER
LAKE COUNTY s IL RECORDER
06/06/2002 - 08:43:31 A.O.
RECEIPT T: 17309
DRAWER r: 21
ORDINANCE NO. 2002 - 02
AN ORDINANCE APPROVING AN AMENDMENT
TO THE
ANNEXATION AGREEMENT FOR
THE SHOPS AT APTAKISIC CREEK
(Original Agreement known as "Illini Partners")
_Proposed expansion of restaurant area (Terivaki Box Sushi)
Southeast corner of Buffalo Grove Road/Aptakisic Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970; and,
WHEREAS,the Corporate Authorities of the Village of Buffalo Grove enacted Ordinance
98-92 approving an annexation agreement dated December 7, 1998 for the Property legally described
in Exhibit A hereto; and,
WHEREAS, Illini Partners Buffalo Grove, L.L.C. as Owner of the Property has submitted
a petition to the Corporate Authorities of the Village of Buffalo Grove requesting an amendment to
said annexation agreement to allow additional restaurant use on the Property pursuant to the exhibits
as set forth in the amendment to the annexation agreement dated January 7, 2002; and,
WHEREAS,proper and due notice of the public hearing concerning said amendment of
the annexation agreement has been given and the public hearing was held;and,
WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to
approve said 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 amended annexation agreement dated January 7, 2002, a copy of which is
attached hereto and made a part hereof as Exhibit B, is approved.
Section 3. The President and Clerk of the Village are hereby authorized to execute said
Agreement on behalf of the Village of Buffalo Grove.
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, Glover Berman. Kahn
NAYES: 0 -None
ABSENT: 1 - Johnson
PASSED: January 7, 2002 APPROVED: January 7, 2002
ATTEST: APPRO
Villa e Clerk ELLOITT HARTSTEIN, Village President
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EXHIBIT A
Legal Description
The Shops at Aptakisic Creek
Buffalo Grove Road/Aptakisic Road
Lot 1 and Lot 2 of Gendell and Taxman's Walgreens subdivision,being a subdivision of part of the
northwest quarter of Section 28, Township 43 North, Range 11 East of the Third Principal Meridian
in Lake County, Illinois.
This document was prepared by: Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
49377GO
1/7/2002
AMENDMENT TO THE ANNEXATION AGREEMENT
FOR THE SHOPS AT APTAKISIC CREEK SHOPPING CENTER
(Original Agreement known as "Illini Partners")
Proposed expansion of restaurant area Teri aki Box Sushi)
Southeast corner of Buffalo Grove Road/Aptakisic Road
This agreement made and entered into this 7th day of January, 2002, by and
between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by
and through the President and Board of Trustees of the Village (hereinafter collectively
referred to as the "Corporate Authorities") and Illini Partners Buffalo Grove L.L.C.
(hereinafter referred to as "Owner").
WITNESSETH:
WHEREAS, the Village enacted Ordinance 98-92 approving an annexation
agreement dated December 7, 1998 for the Property as legally described in EXIIIBIT A
attached hereto; and,
WHEREAS, the Property is zoned in the B-3 Planned Business Center District;
and,
WHEREAS,the Owner has developed the 12,720 square-foot commercial
building of the shopping center with a mix of tenants, including a Starbucks coffee shop
with a floor area of approximately 1,950 square feet; and,
WHEREAS, the Village approved Ordinance 2000-55 allowing the Staibucks
coffee shop with a drive-through service window in the north end of the commercial
building; and,
WHEREAS, Paragraph 27.M.2 of the annexation agreement stipulates that up to
2,000 square feet of restaurant use and up to 2,000 square feet of office use are allowed in
the commercial building; and,
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WHEREAS, the Owner has petitioned to the Village to amend Paragraph 27.M.2
of the annexation agreement and Preliminary Plan to allow an additional 870 square feet
of restaurant space in the commercial building and a total of 134 parking spaces on the
Property, including 76 spaces on Lot 1 (Walgreens) and 58 spaces on Lot 2 (commercial
building)pursuant to the following EXHIBITS:
EXHIBIT A Legal Description
EXHIBIT B Preliminary Plan (Site plan) dated November 12,
2001 by Stewart Nosky Architects, Ltd.
EXHIBIT C Parking Demand Analysis Memorandum dated
December 14, 2001 by Kenig,Lindgren, O'Hara,
Aboona, Inc.
WHEREAS, the Village Board held a public hearing and determined that the
amendment of the annexation agreement to allow additional restaurant area would be an
appropriate use of the property consistent with the approved development concept for the
Property; and,
WHEREAS,the President and Board of Trustees after due and careful
consideration have concluded that the development of the Property on the terms and
conditions herein set forth would enable the Village to control development of the area
and would serve the best interests of the Village.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth,the parties hereto agree as follows:
1. That the preceding Whereas clauses are incorporated herein.
2. The Teriyaki Box Sushi restaurant in Unit C as depicted on Exhibit B
attached hereto is approved subject to applicable permits and regulations.
3. Paragraph 27.M. of that certain annexation agreement dated December 7,
1998 approved by Ordinance 98-92, be and is hereby amended as follows:
27. M. Parking requirements
1. EXHIBIT B attached hereto (Preliminary Plan dated
November 12, 2001 by Stewart Nosky Architects) depicts
134 off-street parking spaces on the Property, consisting of
76 spaces on Lot 1 (Walgreens store) and 58 spaces on Lot
2 ("Shopping Center, Building `A' "). Said 134 parking
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paces shall be maintained on the Property, available to all
users of the Property and shall not be restricted to certain
businesses, tenants employees, clients or customers.
The minimum off-street parking required for current uses
on the Property is:
Walgreens store (15,120 square feet: one parking space
per 250 square feet of building floor area(bl spaces);
Shopping Center building(12,720 square feet): one parking
space per 220 square feet of building floor area(58 spaces).
2. The combined total floor area of restaurant and offices uses
in the Shopping Center building shall not exceed 4,000
square feet. The Village shall determine if specific uses are
"restaurant" or "office" uses. The Village may require an
analysis of parking demand and traffic impact of any
proposed use that may, in the Village's judgment, create
parking deficiencies or traffic circulation problems on the
Property. Approval of said uses are subject to Village
approval in its sole discretion.
3. Any convenience store in the Shopping Center building is
subject to approval by the Village in its sole discretion.
4. Any additional restaurant use on the Property is subject to Village
approval.
5. The provisions and requirements of the annexation agreement dated
December 7, 1998 remain in full force and effect on the Property unless
specifically modified by this amendment to agreement or by Ordinance
2000-55.
IN WITNESS WHEREOF, the Corporate Authorities and Owner have
caused this instrument to be executed by their respective proper officials duly authorized
to execute the same on the day and the year first above written.
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VILLAGE OF BUFFALO GROVE
By
ELLIOTT HARTSTEIN, illage President
ATTEST:
By
ItLtAGE CLERK
OWNER:
ATTEST:
By
This document prepared by: Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
4937760
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EXHIBIT A
Legal Description
The Shops at Aptakisic Creek
Buffalo Grove Road/Aptakisic Road
Lot 1 and Lot 2 of Gendell and Taxman's Walgreens subdivision, being a subdivision of
part of the northwest quarter of Section 28, Township 43 North, Range I 1 East of the
Third Principal Meridian in Lake County, Illinois.
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