2002-015 3/18/2002
ORDINANCE 2002 - 15
AN ORDINANCE APPROVING REZONING TO THE
B-5 TOWN CENTER PLANNED DISTRICT AND A RESIDENTIAL PLANNED
UNIT DEVELOPMENT (P.U.D.)AND PRELIMINARY PLAN
AVIS CONDOMINIUMS
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Avis Investments -Condominiums
East side of Buffalo Grove Road across from Church 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,the proposed development site is comprised of the properties on the east side
of Buffalo Grove Road in the Village known as: 105, 115, 125 and 135 Buffalo Grove Road, the
vacant parcel (PIN 15-33-300-016)north of 105 Buffalo Grove Road and the St. Mary Rectory, 75
Buffalo Grove Road; and,
WHEREAS, the properties at 105, 115, 125, and 135 Buffalo Grove Road and PIN 15-33-
300-016 were annexed by Ordinance 99-70 and zoned in the Residential Estate District; and,
WHEREAS,the St. Mary Parish rectory,75 Buffalo Grove Road, is zoned in the B-5 District
(Commercial sub-district); and,
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WHEREAS,the aforementioned parcels described as the development site have a combined
area of 4.1 acres and are hereinafter referred to as the"Property"as legally described in EXHIBIT
A attached hereto; and,
WHEREAS, Avis Investments (hereinafter referred to as the "Developer") is the contract
purchaser of the Property; and,
WHEREAS,the Developer has petitioned the Village to zone the Property in the B-5 Town
Center District(Residential sub-district) and to approve a Residential Planned Unit Development
(P.U.D.)and Preliminary Plan to construct one hundred(100)residential condominium units in two
4-story buildings over one level of indoor parking in accordance with and pursuant to the Preliminary
Plan dated as last revised March 6, 2002 attached hereto as EXHIBIT D, and the Preliminary
Engineering Plan dated as last revised March 6, 2002 attached hereto as EXHIBIT E, and all other
exhibits attached hereto or incorporated by reference herein; and,
WHEREAS,pursuant to due notice and advertisement,the Plan Commission of the Village
held a public hearing and made their recommendation pursuant to the requested rezoning to the B-5
District(Residential sub-district),approval of a Residential Planned Unit Development and approval
of the Preliminary Plan, including variations of the Village Development Ordinance and Zoning
Ordinance; 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 the area and would serve the best interests of the Village.
3
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 rezoning the Property to the B-5 District(Residential sub-district) and
approving a Residential Planned Unit Development and Preliminary Plan for 100 residential
condominium units pursuant to EXHIBITS D and E and the other exhibits 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 D and E) 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:
(A) conform to the approved Preliminary Plan(EXHIBITS D and E), 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. 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 by the Village 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 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
such changes do not (a) reduce the areas designated for common open space by more than two
percent(21/o)nor(b) increase the total ground area covered by buildings by more than two percent
(2%).
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b. 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 EXIIIBIT E 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 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.
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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 the County Division of
Transportation as may be appropriate. The Developer shall construct sanitary sewers as necessary
to service the Property, pursuant to EXHIBIT E. 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
action by the Corporate Authorities,the Corporate Authorities agree to operate and maintain such
system,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 storm sewers that may be necessary to
service the Property pursuant to EXHIBIT E. 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
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 that are required to eliminate standing
water or conditions of excess sogginess that 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 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.
11. Right-of--Way Dedication.Developer shall dedicate right-of-way along Buffalo Grove
Road as required by the Lake County Division of Transportation(LCDOT)and approved by the
Village.At the request of the Village,but no later than approval of the first plat of subdivision of any
portion of the Property, Developer shall dedicate approximately 10 feet of right-of-way to provide
a right-of-way of 60 feet from the centerline of Buffalo Grove.
12. 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.
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EXHIBIT A Legal Description
EXHIBIT B Plat of Topography dated as issued February 12,2002
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan(site plan, 11xl7-inch)dated as last revised
March 6,2002 by Otis Koglin Wilson Architects
EXHIBIT E Preliminary Engineering Plan(lx17-inch)dated as last revised
March 6,2002 by Pearson,Brown and Associates, Inc.
EXHIBIT F Preliminary Landscape Plan(I1x17-inch) dated as last revised
March 6,2002 by Otis Koglin Wilson Architects
EXHIBIT G Color rendering of condominium buildings (I I x 17-inch) dated
March 13,2002 by Otis Koglin Wilson Architects
EXHIBIT H Building exterior elevations(two color sheets, I1x17-inch)dated
March 6,2002 by Otis Koglin Wilson Architects
EXHIBIT I Building floor plans (three sheets, 11 x 17-inch)dated February 13
and March 6, 2002 by Otis Koglin Wilson Architects
EXHIBIT J Building materials list dated February 13, 2002 by Otis Koglin
Wilson Architects
EXHIBIT K Photometric plan sheet(l 1x17-inch) dated February 13,2002
by Otis Koglin Wilson Architects
EXHIBIT L Outdoor light fixture specifications (11x17-inch) dated March 13,
2002 by Phoenix Products
EXHIBIT M Site Traffic Analysis dated as last revised February 5,2002
by Kenig,Lindgren, O'Hara,Aboona,Inc.
13. Declaration of Covenants Conditions and Restrictions. The Property shall be
subject to declaration of covenants,conditions and restrictions("Declaration")which shall include,
but not by way of limitation, a provision whereby the Village shall have the right, but not the
obligation,to enforce covenants or obligations of the Developer, association and/or owners of the
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units of the Property as defined and provided within the Declaration and further shall have the right,
upon thirty(30)days prior written notice specifying the nature of a default,to enter upon the
Property and cure such default, or cause the same to be cured at the cost and expense of the
Developer, association or other owners of the Property. The Village shall also have the right to
charge or place a lien upon the Property for repayment for such costs and expense, including
reasonable attorneys' fees and costs in enforcing such obligations.
The Declaration shall include,but not by way of limitation, covenants and obligations to
own and maintain the stormwater management and drainage system depicted on EXHIBIT E.
The Declaration shall also include the obligation that the association shall provide snow removal for
the Property and public sidewalks and shall store excess snow in appropriate off-street locations,and
shall not in any way impede the Village's snow removal operations on public streets.
The Declaration shall be submitted to the Village for review and approval, and shall further
provide that the provisions relative to the foregoing requirements may not be amended without the
prior approval of the Village.
14. Park District Donations. Developer shall comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding park donations.
Developer shall make cash contributions to the Village for conveyance to the Buffalo Grove Park
District to fulfill the obligation of the Property concerning park donations.
15. School District Donations. Developer shall comply with the provisions of Title 19
of the Buffalo Grove Municipal Code as amended from time to time regarding school donations.
Developer shall make cash contributions to the Village for conveyance to School District 102 and
to School District 125 according to the criteria of said Title.
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16. Conditions Concerning Parks and School Donations.It is understood and agreed that
rooms in the residential units labeled as dens, lofts, studies or libraries on the floor plans will be
counted as bedrooms for the purposes of calculating park and school donations, if,in the judgement
of the Village,said rooms can be used as bedrooms.It is understood and agreed that the per acre land
value used to compute said cash contributions may be increased from time to time, and cash
contributions made at the time of building permit issuance shall be based on the land value in effect
at the time of permit issuance.
17. 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 fiilly 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.
18. 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.
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19. -Binding Effect of Ordinance. This Ordinance shall be binding upon the Property,
the parties hereto and their respective grantees, successors and assigns.
20. 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.
21. 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: Mark Avis
Avis Investments
2515 North Seminary, Suite 1
Chicago, IL 60614
Copy to: Bernard 1. Citron,Esq.
Schain, Burney, Ross and Citron
222 North LaSalle Street, Suite 1910
Chicago, EL 60601
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa,Esq.
Raysa and Zimmerman,Ltd.
22 South Washington Avenue
Park Ridge, IL 60068
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22. Special Conditions.
A. The following variations to the Village Zoning Ordinance are hereby granted:
Section 17.44.060.D.Lb - To allow a lot area of 4.1 acres instead of 5 acres;
Section 17.44.060.D.1.k.,- To allow a buffer strip of less than 25 feet for a parking
area and paved access aisle on the east side of the site as depicted on EXHIBIT D.
B. The following variations to the Village Development Ordinance are hereby
granted:
Section 16.50.040.C.4. -To allow side slopes of 3:1,to allow elimination of the 12-
foot, 2%area adjacent to the top of slope and reduction of the minimum pond depth
to 4 feet for the stormwater storage facilities as depicted on EXHIBIT E;
Section 16.50.080.A.I -To allow the existing sidewalk along the east side of Buffalo
Grove Road to remain instead of relocating the sidewalk to within one foot of the
right-of-way to be dedicated along the east side of Buffalo Grove Road (for the
portion of the sidewalk north of the required right-turn deceleration lane as depicted
on EXHIBIT D).
C. All water wells and septic sewer facilities on the Property shall be properly
sealed or pumped and filled as required by the Illinois Department of Public Health
and as approved by the Village Health Officer. Any underground tanks shall be
removed as permitted and approved by the Illinois State Fire Marshal. Said sealing
and removing wells, septic facilities or underground tanks shall be completed on a
schedule as directed by the Village.
D. All buildings, structures, vehicles and other materials on the Property shall
be removed prior to any development of the Property. If the Village determines, in
the period prior to development,that structures or other objects need to be removed
from the Property to prevent health or nuisance problems, Developer shall comply
pursuant to the Village's direction.
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E. Developer shall obtain approval by the Village Forester prior to any site
grading or removal or relocation of trees on the Property. A final landscaping plan
shall be submitted for review and approval by the Village Forester prior to
application for a building permit. Areas not under construction or completed shall be
maintained in a neat and orderly condition as determined by the Village Manager.
F. Developer shall submit a final site lighting plan at the time of application for
approval of the final plat of subdivision. Said lighting plan shall provide for outdoor
illumination of the St. Mary Church steeple as approved by the Village.
G. The building materials and colors shall be consistent with the
recommendations of the Village Plan Commission, and the Village may require a
final appearance review by the Plan Commission prior to issuance of building
permits.
H. Any signs proposed for the Property are not approved by this Ordinance.
Any signs are subject to the provisions of the Village Sign Code.
I. At the direction of the Village,the owners of the Property shall grant an
easement for access from the parcel east of the Property,provided that the owners
shall only be required to grant such easement if the owner of the parcel east of the
Property grants a reciprocal easement for access.
J. Developer shall grant an easement over the Property to allow access for the
real property at 65 N. Buffalo Grove Road. Said easement is subject to approval by
the Village and shall be provided not later than final plat approval by the Village for
any portion of the Property.
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23. Effect. This Ordinance shall be in full force and effect from and after it passage and
approval. This Ordinance shall not be codified.
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AYES: 6—Marienthal, Braiman,Glover,Berman,Johnson,Kahn
NAPES: 0—None
ABSENT: 0—None
PASSED: March 18 2002
APPROVED: March 18, 2002
ATTEST: APPROVED:
VillW Clerk EL IOTT HARTSTEIN, Village President
This document was prepared by: Robert E.Pfeil,Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,U-60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,IL 60089
15
EXHIBIT A
Legal Description
Avis Investments- Condominiums
East side of Buffalo Grove Road across from Church Road
That part of the southwest quarter of the southwest quarter of Section 33,Township 43 North,Range
11 East of the Third Principal Meridian,and described as follows: Beginning at the northwest corner
of Lot 1 in Firnbach Subdivision,Recorded May 28, 1959 as Document 1032013; thence north 32
degrees, 33 minutes, 04 seconds west,211.32 feet;thence north 28 degrees,44 minutes, 36 seconds
west, 150.58 feet;thence along an arc concave to the northeast,having a radius of 955.60 feet and
an are length of 138.47 feet; thence north 59 degrees, 44 minutes, 49 seconds east, 162.73 feet;
thence south 86 degrees,05 minutes, 17 seconds east,2.97 feet;thence north 28 degrees,04 minutes,
22 seconds west, 11.79 feet; thence south 86 degrees, 05 minutes, 17 seconds east, 216.16 feet;
thence north 01 degrees, 43 minutes, 43 seconds west, 201.83 feet; thence south 86 degrees, 19
minutes,40 seconds east, 201.17 feet;thence south 02 degrees, 09 minutes, 51 seconds east,202.83
feet;thence north 86 degrees, 05 minutes, 17 seconds west, 137.69 feet;thence south 02 degrees,44
minutes,37 seconds,west 428.02 feet;thence south 62 degrees, 07 minutes,39 seconds west, 165.39
feet to the point of beginning in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 4.1 acres on the east
side of Buffalo Grove Road across from Church Road and west of the Buffalo Grove Town Center.
PIN: 15-33-300-016
15-33-300-017
15-33-300-018
15-33-300-023
15-33-300-068
15-33-300-086
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove,LL.60089
3/18/2002
ORDINANCE 2002 - 15
Avis Investments - Condominiums
East side of Buffalo Grove Road across from Church Road
TABLE OF CONTENTS
Page
l. 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.. ...................................................................................5
7. Water Provision. ...........................................................................................5
8. Storm and Sanitary Sewer Provisions ............................................................6
9. Drainage Provision........................................................................................6
10. Security for Public and Private Site Improvements.........................................7
11. Right of Way Dedication.. .............................................................................7
12. Exhibits.........................................................................................................7
13. Declaration of Covenants. Conditions and Restrictions. .................................8
14. Park District Donations. ................................................................................9
15. School District Donations..............................................................................9
16. Conditions Concerning.Parks and School Donations....................................10
17. Facilitation of Development.........................................................................10
18. Enforceability of the Ordinance ...................... ..............10
19. Binding Effect of Ordinance. .................................................,.....................11
20. Corporate Capacities...................................................................................11
21. Notices........................................................................................................11
22. Special Conditions.......................................................................................12
23. Effect. .........................................................................................................14
LOCATION MAP
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VILLAGE OF BUFFALO GROVE
ORDINANCE N0.2002-
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF UFFAL0 GROVF.
THIS DAY OF
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffa o Grove, Cook & Lake Counties, Illinois,
this day of &`j/ 6'k- , 2002.
Village Clerk
By
eputy Village Clerk