1984-028 r-
ORDINANCE NO. 84- 28
AN ORDINANCE PROVIDING FOR A PLANNED UNIT DEVELOPMENT
(Buffalo Grove Business Park and Retail Center)
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 Owners of certain real property, hereinafter described in Exhibit
"A" as Parcel A and B, have petitioned the corporate authorities of the Village of
Buffalo Grove pursuant to the provisions of Section 17.28.060 of the Buffalo Grove
Zoning Ordinance for the approval of a Special Use Planned Unit Development of said
real estate; and,
WHEREAS, this Ordinance supersedes Ordinance No. 81-29 which approved a
General Planned Development Agreement dated May 18, 1981; and,
WHEREAS, the Plan Commission of the Village has held a public hearing on said
development and has recommended the approval thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
SECTION 1. That the Buffalo Grove Business Park and Retail Center Planned
Unit Development Agreement dated April 2, 1984, which is attached hereto and made a
part hereof as Exhibit "A" is hereby approved as to Parcel A and Parcel B which are
legally described in Exhibit "A".
SECTION 2. That the Village President and Village Clerk are hereby authorized
and directed to execute Exhibit "A" attached hereto.
SECTION 3. That the Village of Buffalo Grove Zoning Map, as amended from time
to time, be further amended by classifying the subject premises as a Special Use
Planned Unit Development with Parcel A in the Office and Research District and
Parcel B in the B-2 General Retail District, all as further set forth in Exhibit
"A" attached hereto.
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• 6 - Marienthal, Stone, O'Reilly, Hartstein, Glover, Reid
NAYES: 0 - None
ABSENT: 0 - None
PASSED: April 2, 1984 APPROVED• April 2, 1984
APPROVED:
Village President
ATTEST: f�
Village CJkrk
3/29/84
BUFFALO GROVE BUSINESS PARK AND RETAIL CENTER
PLANNED UNIT DEVELOPMENT AGREEMENT
TABLE OF CONTENTS
SECTION
PAGE
I. Applicable Law, 2
2. A reement- Compliance and Validity. 2
3. Enactment of Zonin Ordinance. 3
4. Approval of Plats. 3
5. Compliance with Aeplicable Ordinances 3
6. Amendment of Plan. 4
7. Building Permit Fees., 4
8. Water Provision. 5
9. Storm and Sanitary Sewer Provisions. 5
10. Draina a Provisions. 6
11. Street and Parking Area Provisions. 6
12. Security for Public and Private Site Irovements. 6
13. Exhibits. m- 7
14. Building, Landscaping and Aesthetics Plans. 7
15. Facilitation of Develo ment. 8
16. Yn-forceability of the A reement. 8
17. Binding Effect of A ,reement. 8
18. Corporate Capacities. 8
19. Notices. 9
20. Default.
9
21. S ecial Conditions. 9
3/29/84
BUFFALO GROVE BUSINESS PARK AND RETAIL CENTER
PLANNED UNIT DEVELOPMENT AGREEMENT
This agreement (hereinafter referred to as the "Agreement") made and entered
into this 2nd day of April, 1984, 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 LA SALLE NATIONAL BANK, not individually but solely as Trustee
under Trust No. 104643 dated January 7, 1982, whose beneficiary is Bison #1, a
Texas limited partnership and LaSALLE NATIONAL BANK, not individually but solely as
Trustee under Trust No. 102367409 whose beneficiary is Arthur Zaltzman (hereinafter
jointly referred to as "Owner") .
W I T N E S S E T H:
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, Owner is the owner of a certain tract of property comprising 29. 748
acres legally described in EXHIBIT A as Parcels A and B, which exhibit is made a
part hereof (hereinafter referred to as the "Property") and which real estate is
within the corporate limits of the Village; and
WHEREAS, this Property is currently subject to the Buffalo Grove Business Park
Planned Development Agreement dated May 18, 1981 , pursuant to Ordinance #81-29; and
WHEREAS, Owner now desires and proposes pursuant to the provisions and
regulations applicable to the B-2 and 0&R Districts of the Village Zoning Ordinance
to amend said Agreement and to develop Property in accordance with and pursuant to
a certain Preliminary Development Plan prepared by Wilson/Jenkins & Associates and
dated as last revised March 22, 1984, and also Preliminary Engineering Plan
1
prepared by Cowhey Associates, Ltd. and dated as last revised March 27, 1984,
(hereinafter jointly referred to as the "Preliminary Development Plan") , a copy of
which Preliminary Development Plan is attached hereto as EXHIBIT C and EXHIBIT D
and incorporated herein, and subject to all other exhibits attached hereto or
incorporated by reference herein; and
WHEREAS, this Agreement supersedes the Buffalo Grove Business Park Planned
Development Agreement dated May 18, 1981, pursuant to Ordinance #81-29; and
WHEREAS, pursuant to due notice and advertisement in the manner provided by
law, the Plan Commission of the Village has held such public hearing prescribed by
law and made their recommendations with respect to the requested zoning
classifications of the B-2 and 0&R Districts; and
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the zoning and development of the Property 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.
NOW, THEREFORE, in consideration of the premises, mutual covenants and
agreements herein set forth, the parties hereto agree as follows:
1. Applicable Law. This Agreement is made pursuant to and in accordance
with the provisions of Section 17.28.060 of the Buffalo Grove Zoning Ordinance
(Title 17, Buffalo Grove Municipal Code) and the Village's Home Rule powers. The
preceding WHEREAS clauses are hereby made a part of this Agreement.
2. A reement: Com liance and Validit It is understood and agreed that
this Agreement in its entirety, shall be null, void and of no force and effect
unless Property is validly zoned and classified with a special use for a planned
unit development in the B-2 and 0&R Zoning Districts, all as contemplated in this
Agreement.
2
3. Enactment of Zoning.. Ordinance. The Corporate Authorities shall adopt a
proper, valid and binding ordinance, zoning Property as a special use for a planned
unit development in the B-2 and 0&R Zoning Districts subject to the restrictions
further contained herein and all applicable ordinances of the Village of Buffalo
Grove as amended from time to time.
4. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBIT C & D) pursuant to the provisions of the
Development Ordinance. Such plan shall prohibit access to Lake-Cook Road and
Arlington Heights Road other than as shown in the plan, and shall establish public
access easements on site where recommended by the Village Engineer. In addition,
the Corporate Authorities agree to approve a Final Plan of Development or plats or
phases of the development of Property upon submission by the Owner of complete and
proper materials as required for the issuance of appropriate building and other
permits based on final versions of the plans and drawings of the development of
Property as submitted by the Owner provided that the plat or plats shall:
(a) conform to the Preliminary Development Plan, (EXHIBITS C & D); and
(b) conform to the terms of this Agreement and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT B) as amended
from time to time.
It is understood and agreed that the final subdivision plat or plats that will
hereinafter be submitted by the Owner shall conform to the phases of the
development as shown on the Preliminary Development Plan for the O&R District.
Building shall be constructed in the numerical order shown on the Preliminary
Development Plan.
5. Compliance with A2plicable Ordinances. The Owner agrees to comply with
all ordinances of the Village of Buffalo Grove as amended from time to time in the
development of the Property, provided, however, that no such ordinance, order or
regulation which would reduce the height, bulk or density limitations or increase
the parking requirements now applicable to the Property, shall be applicable to the
Property, and provided further 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. Owner, 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.
b. Amendment of Plan. If the Owner desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
changes in the Preliminary Development 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 Agreement. The Corporate Authorities may, at
their sole discretion, require additional public hearings and may review the
commitments of record contained in this Agreement, including, but not limited to
fees, prior to final consideration of any change in the Preliminary Development
Plan. The Village Manager is hereby authorized to approve such minor changes as he
deems appropriate, provided that no such change (a) involves a reduction of the
area set aside for common open space; nor (b) increases by more than two (2)
percent the floor area proposed for nonresidential use; nor (c) increases by more
than two (2) percent the total ground area covered by buildings.
7. 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 Owner and the Village on any engineering and technical matters subject
to this Agreement, the Village reserves the right to pass along any and all
4
additional expenses incurred by the use of consultants in the review and inspection
of the development from time to time. Owner shall pay any non-discriminatory new
or additional fees hereinafter charged by the Village.
8. Water Provision. The Owner shall be permitted and agrees to tap on to
the Village water system at points recommended by the Village Engineer which points
to the extent shown on EXHIBIT D are hereby approved by the Village, however, it is
understood that changes to the Preliminary Engineering Plan may be required at the
time of Final Engineering. The Owner 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 Owner 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 Development Plan. Watermains serving the Property and those
approved as part of the development shall be installed by the Owner 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.
9. Storm and Sanitarx Sewer Provisions.
A. The Corporate Authorities agree to cooperate with the Owner and to
use their best efforts to aid Owner in obtaining such permits from governmental
agencies having jurisdiction as may be necessary to authorize connection from the
proposed development to the Lake County Public Works Department for the collection
of sewage and to the Lake and Cook County Highway Departments as may be
appropriate. The Owner shall construct on-site and off-site sanitary sewers as may
5
be necessary to service the Property, as per EXHIBIT D, however, it is understood
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 Owner 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 Owner shall also construct on the Property in question any storm
sewers which may be necessary to service the Property, as per EXHIBIT D, however,
it is understood 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, or multiple properties, and the Owner agrees to
operate and maintain that portion of the storm sewer system 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.
10. Drainage Provisions. The Owner 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.
11.Street and Parking Area Provisions. The Owner agrees that all streets,
parking and other areas are to be constructed in accordance with Village standards
as set forth in the Development Ordinance as amended from time to time.
12. Security for Public and Private Site Im-rovements. Security for public
and private site improvements shall be provided in accordance with the Development
6
Ordinance, and the Development Improvement Agreement (EXHIBIT B) 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. The amount of the letter of credit shall not be reduced by
expenditures made by the Owner until such improvements have been formally accepted
by the Village.
13. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Owner or the witnesses during the hearing held before the
Plan Commission and the Corporate Authorities prior to the execution of this
Agreement, are hereby incorporated by reference herein, made a part hereof and
designated as shown below. This Agreement, upon execution by the parties, 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 of Property
EXHIBIT B Development Improvement Agreement
EXHIBIT C Preliminary Development Plan
EXHIBIT D Preliminary Engineering Plan
EXHIBIT E Landscaping Plan
EXHIBIT F-1 Architectural Rendering
and F-2
14. Building , Landscaping and Aesthetics Plans. Owner 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
7
Authorities before commencing construction of buildings. Lighting and signage
shall be compatible with surrounding areas. Phases 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 Agreement,
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 Agreement and the development of the Property in the best interests of all the
parties requires their continued cooperation. The Owner 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 Agreement.
16. Enforceability of the Agreement. This Agreement 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 Agreement 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 Agreement. This Agreement shall be binding upon the
parties hereto, their respective 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.
8
19. Notices. Any notice required pursuant to the provisions of this
Agreement 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 the Owner: Trammell Crow Company
500 Park Boulevard
Itasca, Illinois 60143
Attention: Ronald C. Lunt
Copy to: Jeffrey Schamis
D'Ancona and Pflaum
30 N. LaSalle Street
Chicago, Illinois 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60090
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
20. Default. - In the event Owner or Developer defaults, in his performance of
his obligations set forth in this Agreement, then the Village, may, upon notice to
Owner allow Owner sixty (60) days to cure default or provide evidence to the
Village that such default will be cured in a timely manner if it cannot be cured
during said period.
21. Special Conditions.
A. This Agreement supercedes all the unperformed provisions of the
Settlement Agreement between the Village, the Land Trustee and Chesterfield
Development Corporation dated December 6, 1976, pursuant to which a part of the
Property was zoned in the R-9 District and the remainder in the B-2 District, all
subject to certain limitations and provisions.
9
B. The Owner hereby agrees to install pedestrian crossing signals on
Arlington Heights Road in order to facilitate a safe crossing for people using the
bicycle path to cross Lake-Cook Road. The specific type of signalization shall be
subject to the approval of the Village Engineer.
C. No free-standing fast-food restaurants will be permitted. This also
excludes any drive-through facilities.
D. Review and approval of the "Future Restaurant" must be obtained.
Approval of "Future Restaurant" must be reviewed against the provisions of the B-2
Zoning District.
E. The Owner agrees to dedicate a twenty (20) foot wide emergency
access easement to the Village at a location to be determined by the Village on the
northern property line of the Property in order to provide emergency acces to the
parcel to the north.
F. The Owner agrees to pay the local share of traffic signals at the
two entrances to Parcel A when they are warranted.
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.
VILLAGE OF FFALO GROVE
0
By ,��- t �
Village Presiden
ATTEST:
Vi-Ilage Clerk
10
LA SALLE NATIONAL BANK, not Beneficiary: Bison #1, a Texas
individually but solely as limited partnership, its General
Trustee under Trust No. 104643 Partner
dated January 7, t
By: By:NAL
!!! Gener Partner
not- ;,,/,,�,; ,;,�„�113 but z,plol„ aym
11II�GY i,e yOl- N o
f /
LA SALLE NATIONAL BANK, Not ARTHLTR ZALTZIIA as ustee under
individually but -solely-as--- Declaration of rus dated
Trustee under Trust No. 102367409 October 22, 1980
dated March 4, 1970
By:
1�
EXHIBIT "A"
BUFFALO GROVE BUSINESS PARK AND RETAIL CENTER
PLANNED UNIT DEVELOPMENT AGREEMENT
PARCEL A: 0 & R (OFFICE AND RESEARCH) ZONING PARCEL
Parcel 1 - Lots 1 and 2 in Buffalo Grove Business Park Unit 1, being a
subdivision in the west 1/2 of the southwest 1/4 of Section 32, Township 43 north,
Range 11, east of the Third Principal Meridian according to the Plat thereof
recorded October 15, 1982 as Document No. 2181510, in Lake County.
Parcel 2 - That part of the west 1/2 of the southwest 1/4 of Section 32,
Township 43 north, Range 11, east of the Third Principal Meridian, described as
follows: Beginning at the northwest corner of Lot 1 in Buffalo Grove Business Park
Unit 1, being a subdivision in the west 1/2 of the southwest 1/4 of said Section
32, according to the plat thereof recorded October 15, 1982 as Document No.
2181510; thence south 00 degrees 00 minutes 00 seconds west along the west line of
said Lot 1, 38. 30 feet; thence 89 degrees 48 minutes 35 seconds west, 149.87 feet;
then north 00 degrees 11 minutes 25 seconds west, 196.50 feet; thence north 89
degrees 48 minutes 35 seconds east, 33.99 feet; to a point of curvature: thence
easterly along a curved line convex southerly, having a radius of 1600.0 feet and
being tangent to said last described line at said last described point, an arc
distance of 275.38 feet to a point of reverse curvature (the chord of said arc
bears north 84 degrees 52 minutes 44 seconds east, 275.04 feet) ; thence
southeasterly along a curved line convex northeasterly, having a radius of 75.0
feet and being tangent to said last described curved line at said last described
point, an arc distance of 130.97 feet to a point of tangency (the chord of said arc
bears south 50 degrees 01 minutes 33 seconds east, 114.95 feet) ; thence south 00
degrees 00 minutes 00 seconds west along a line tangent to said last described
curved line at said last described point, 107.70 feet to the northeast corner of
Lot 1, aforesaid; thence south 89 degrees 48 minutes 35 seconds west along the
north line of said Lot 1, 245.50 feet to the place of beginning, in Lake County,
Illinois.
Parcel 3 - That part of the west 1/2 of the southwest 1/4 of Section 32,
Township 43 north, Range 11, east of the Third Principal Meridian, described as
follows: Beginning at the intersection of a line 1070.75 feet north of and
parallel with the south line of said southwest 1/4 with the east line of the west
1/2 of said southwest 1/4; thence south 00 degrees 00 minutes 00 seconds west along
the east line of the west 1/2 of said southwest 1/4, 538.26 feet to the northeast
corner of Lot 2 in Buffalo Grove Business Park Unit 1, being a subdivision in the
west 1/2 of the southwest 1/4 of said Section 32, according to the plat thereof
recorded October 15, 1982 as Document No. 2181510; thence south 89 degrees 48
minutes 35 seconds west along the north line of said Lot 2, being also the north
line of the south 532.50 feet, as measured at right angles, of the west 1/2 of said
southwest 1/4, 373.50 feet to the northeast corner of Lot 1 in said Buffalo Grove
Business Park Unit 1; thence north 00 degrees 00 minutes 00 seconds east, 107.70
feet to a point of curvature; thence northwesterly along a curved line convex
northeasterly, having a radius of 75.0 feet and being tangent to said last
described line at said last described point, an arc distance of 130.97 feet to a
point of reverse curvature (the chord of said arc bears north 50 degrees 01 minutes
33 seconds west, 114.95 feet) ; thence westerly along a curved line convex
southerly, having a radius of 1600.0 feet and being tangent to said last described