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2022-12-05 - Ordinance 2022-132 - APPROVING AN AMENDMENT TO THE RIVERWALK NORTH PLANNED UNIT DEVELOPMENT ORDINANCE NO. 2003-10, AN AMENDMENT TO THE PRELIMINARY PLAN, AND APPROVAL OF AN OFF-STREET PARKING FACILITY FOR 325 N RIVERWALK DRIVE ORDINANCE NO. 2022-132 AN ORDINANCE APPROVING AN AMENDMENT TO THE RIVERWALK NORTH PLANNED UNIT DEVELOPMENT ORDINANCE NO.2003-10, AN AMENDMENT TO THE PRELIMINARY PLAN,AND APPROVAL OF AN OFF-STREET PARKING FACILITY FOR 325 N RIVERWALK DRIVE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, 325 N Riverwalk Drive, Buffalo Grove, IL("Property") is a 3.79-acre site in the Mixed Use Planned Development District which is currently vacant and unimproved and is hereinafter legally described in Exhibit A; and, WHEREAS, Mike Rolfs, ("Petitioner") has filed a petition on behalf of Hamilton Partners, to allow the construction of a 360-space off-street parking lot on the Property at 325 N Riverwalk Drive, and is requesting the following approvals: 1. An Amendment to the Riverwalk North Planned Unit of Development Ordinance No. 2003-10 and Preliminary Plan as amended; and, WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on November 2, 2022 concerning the petition for approval of the Amendment to Ordinance No. 2003-10, the Amendment to the Preliminary Plan; and, WHEREAS, the Planning & Zoning Commission made findings and determined that the proposed Amendment to Ordinance No. 2003-10 and the amendment to the preliminary plan for the construction of the off-street parking facility are generally conforming to the underlying Planned Unit Development Ordinance, as described in the minutes attached as Exhibit C; and, WHEREAS, the Planning & Zoning Commission voted 7 to 1 to recommend approval of the Amendment to Ordinance No. 2003-10, and the Amendment to the Preliminary Plan; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed Amendment to Ordinance No. 2003-10 and the Amendment to the Preliminary Plan will serve the best interests of the Village. WHEREAS, the proposed development shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description of the Property EXHIBIT B Plan Set EXHIBIT C Minutes from the November 2, 2022 Planning &Zoning Commission Meeting 2 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. This Ordinance is made pursuant to and in accordance with the Village's Zoning and Sign Code Ordinances and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid, and binding ordinance approving the Amendment to Ordinance No. 2003-10, and the Amendment to the Preliminary Plan, for the Property at 325 N Riverwalk Drive, Buffalo Grove, IL, subject to the following conditions: A. The proposed development shall be developed in substantial conformance to the plans attached. B. The Petitioner shall comply with all applicable Village codes, regulations, and policies. C. Any incidental or directional signage proposed will be reviewed by Village staff. D. Prior to the issuance of any building permits for construction of the new off-street parking facility,the total parking count for the office uses will be reviewed and accommodations shall be made to the parking lot at 2100-2150 Lake Cook Road in compliance with the Illinois Accessibility Code (regarding the number of accessible parking spaces and location of the accessible spaces). Section 3. This Ordinance shall be in full force and effect upon passage. This Ordinance shall not be codified. AYES: 5—Stein,Weidenfeld,Johnson,Smith, Pike NAYES: 0—None ABSENT: 1—Ottenheimer PASSED: December 5,2022 APPROVED: December 5,2022 APPROVED: Beverly Sussma Village President ATTEST: ,�.�, .-�-�ti�'�. J��irahian,Vi►,�a �Clerk g 3 EXHIBIT A Le�al Description Parcel 1 LOT 4 IN RIVERWALK NORTH, BEING A RESUBDIVISION IN THE SOUTH 1/2 OF SECTION 35,TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN LAKE COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 13, 2005 AS DOCUMENT 5857621, IN LAKE COUNTY, ILLINOIS. Parcel 2 PERMANENT EASEMENT OVER PARTS OF LOT 3 AS SHOWN BY DASHED LINES ON THE PLAT OF SUBDIVISION RECORDED AS DOCUMENT 5857621 AND LABELED "ACCESS EASEMENT" FOR INGRESS, EGRESS,AND ACCESS FROM LOT 4 TO NORTH RIVERWALK DRIVE BY SUCH PROPERTY OWNERS AND THEIR BENEFICIARIES, EMPLOYEES, AGENTS,TENANTS, AGENTS, SUCCESSORS AND ASSIGNS. SUBJECT PROPERTY COMMON DESCRIPTION: 325 N Riverwalk Drive, Buffalo Grove, IL 60089 PARCEL INDEX NUMBER: 15-35-402-147 4 EXHIBIT B Plan Set 325 N RIVERWALK DRIVE �.�..,.. �__.,�._....,..__ .., Nne aits�avNiwnaae `�.°`.:�. J77 '6ui�aau�6u3 � " .--� _ ___ _ .. x..,,n,�o.�.,v�a � �-� � . ._.. 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ID N V��C �w O ��Riverwalk North °m""B""""°"""° " °�" �°m^~^~ �.; ' —- MckeE 6y CX RPGIILNTIONS � � North Lot 4 Parkin Facilit °q'k,'„�°� � 5 EXHIBIT C Minutes from the November 2,2022 Planning&Zoning Commission Meeting 325 N RIVERWALK DR 11/2/2022 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, NOVEMBER 2, 2022 Call to Order The meeting was called to order at 7:30 PM by Chairman Frank Cesario Public Hearinps/Items For Consideration 1. Consider Variation Requests to the Fence Code, Pertaining to Residential Districts for the Purpose of Installing a 3-Foot Open Style Fence and a 5-Foot Semi-Open Style Fence that Extends Beyond the Front Line of the Building, Within 45 Feet of an Intersection and Within the 4-Foot Required Corner Side Yard Setback for a Fence at 151 Weiland Road (Trustee Pike) (Staff Contact: Kelly Purvis) Mr. Binder,Associate Planner for the Village,provided a brief description of the fence variations requested from the fence code and showed various photos of the property. He indicated that a 3 foot open-style fence is proposed in the front yard of the subject property and a five foot semi-open style fence is proposed in the corner side yard and rear yard. Mr. Binder noted that the fence would be located within the corner side yard setback (nearer than four feet from the property IineJ and would be within 45 feet of the intersection. He indicated that the proposal has been reviewed by engineering staff which does not have any concerns and that there would not be any sightline issues. Mr. Binder indicated that staff is in support of the variances requested. The petitioner, Mr. Chandippa, was sworn in. He spoke about the expansion of Weiland Road, and the installation of the sidewa/k in his front yard. He noted that people trespass on the property and pick the fruit from his trees. He also showed photos of the protective covering on the bathroom windows that was recently scratched off and indicated that his property has been vandalized recently. Mr. Chandippa indicated that he and his wife are requesting the fence to prevent trespassing and vandalism on the property. He also mentioned that they wish to keep theirson away from Weiland Road, which is very busy. Com. Khan noted that he went by the house before the meeting and that he agrees that the area has changed since expansion of Weiland Road. He stated that the petitioner's property has an open view from Armstrong and that he can see how it would be a "cut through". He also asked questions about the transition height of the fence and why they are not closing access to the back yard. The Petitioner responded that the trees do a pretty good job of keeping people out from the front. Com. Khan stated that he wants to make sure that the proposed fence will indeed solve the issues described by the Petitioner. 11/2/2022 Com. Weinstein asked questions about the style of fence and how it will be treated. He also mentioned that the fence would be within the easement and could conflict with utilities. Com. Worlikar asked what the purpose of bringing the fence right up to the sidewa/k is. The Petitioner responded that it provides a move level surface and avoids existing landscaping. Com. Richards asked if the Petitioner has spoken to the neighbors. Chairman Cesario asked for clarification from staff that the 3 foot fence would not create a sightline issue. The public hearing closed at 7:53 pm Com. Weinstein made motion that the PZC grant variations to Section 15.20 of the Buffalo Grove Fence Code to allow a 3 foot open style fence and a 5 foot semi-open style that extends beyond the front line of the building, within 45 feet of an intersection and within the 4 foot required corner side yard setback at I51 Weiland Road,provided the fence shall be installed in accordance with the documents and plans submitted as part of the petition. Com. Richards seconded the motion. Com. Worlikar suggested it would be helpful to know how far back the fence could be moved from the corner side property line and away from the sidewalk. Chairman Cesario asked the petitioner if he would be comfortable with pushing the fence back four feet from the property line to comply with the Fence Code. Mr. Chandippa indicated that he would be ok with moving the fence four feet from the property line, to comply with the Code. Com. Moodhe indicated that this situation is unique because the property fronts on Weiland Road. He noted that it will be easier to see through the proposed picket fence than board on board and that he appreciates that the petitioner was open to that. Com. Spunt indicated that he would also like to see the fence pushed back 4 feet from sidewalk and asked if the fence would interfere with drainage patterns on the property. Chairman Cesario commented that there is commercia/activity adjacent to the property and that there is no question that he is entitled to the taller fence along the corner side property line. He acknowledged the change in the space around the property due to the expansion of Weiland Road. He agreed that the open style fence in the front yard is safer and will make peop/e feel more comfortable but, will still give the property owner the privacy they need. Com. Worlikar indicated that he is sympathetic and supportive to the Petitioner and glad he is ok with the 4 foot additional setback from the corner side property line. He indicated that the fence being closer to the property line may create a hazard for the neighbor backing out of their driveway. The motion was amended to remove the four foot variation from the corner side yard setback. 11/2/2022 RESU�T: APPROVED[UNANIMOUS] AYES: Moodhe, Spunt, Cesario, Khan, Weinstein,Au, Richards, Worlikar, Davis 2. Petition to the Village of Buffalo Grove for an Amendment to the Restated Annexation Agreement and Planned Unit Development Approved by Ordinance No. 2003-10, an Amendment to the Preliminary Plan, and Approval of an Off-Street Parking Facility Use at 325 N Riverwalk Drive (Trustee Ottenheimer) (Staff Contact: Kelly Purvis) Associate Planner,Andrew Binder showed the proposed site plan and reviewed the approvals necessary for the construction of the 360-stall parking lot on the property. The Petitioner, Mike Rolfs of Hamilton Partners, was sworn in. Mr. Rolfs indicated that negotiations on the land lease started right after Covid, and that CVS/Caremark made a decision to move their offices out of Northbrook. He indicated that CVS/Caremark thought they would need more parking than is currently available in the parking structures. He noted, per their lease agreement, they have the right to give the property owner notice upon a need for more parking, and the property owner (Hamilton PartnersJ wil/build the parking lot that is presented tonight. Mr. Rolfs indicated that CVS/Caremark have consolidated most of their operations here in Buffalo Grove and that he hopes they will expand. Com.Au asked why they want to expand parking now.She indicated that she used to work in Riverwalk-2 pre-covid, and there was always parking. She asked why they are speculating for this need for parking before it has been determined that it is needed. The Petitioner responded that he is not requesting final approval and that they would still need final engineering approval, etc. before they would be ab/e to build the parking lot. He noted that he would like to be able to move quickly should the need arise for the parking. Com. Davis asked if there is a specific occupancy trigger or data that would trigger the need for the parking lot to be constructed. The Petitioner responded that nobody really knows what is going to happen with hybrid and work from home models, but CVS/Caremark have a use/person calculation that they use to determine the parking need. eased on the number of anticipated employees, they think they may need more parking than what is availab/e. Com. Davis indicated that he drove through the garages the day before and they were pretty empty. He asked what the occupancy of the garages are. The Petitioner responded that a lot of larger companies have not fully come back to the office yet. He estimated that the parking structure is only 25%occupied at this time. Com. Moodhe asked staff, if this proposal is approved, what part of the original PUD approval would be off the table for future development. Staff indicated that this proposal would supersede the prior approval. The previously proposed office building with structured parking would no longer be part of the approved PUD. Staff noted that in the future, if they wished to build the office building and parking structure, they would need to come back for approval of another amendment to the preliminary plan and PUD. The Petitioner indicated that they are looking at this as a temporary measure and that the most likely future use on the site will be residential. He indicated that he would like to reserve the right to construct the office building/and or residential in the future. 1 1/2/2022 Com. Moodhe asked if they had given any thought to constructing a parking deck. Mr. Rolfs responded that a parking deck would be far too expensive. Mr. Rolf spoke about the topography on the property and indicoted that the existing berms wil/provide good screening of the parking lot. Com. Spunt asked if the parking would only be for CVS emp/oyees. The Petitioner responded, yes. Chairman Cesario confirmed with staff that there are no variations being requested for a use that is permitted by right. Staff agreed with Chairman Cesario. There were no public comments. The public hearing was closed at8:31pm. Com. Weinstein made motion that the PZC recommends approval of the Amendment to the Restated Annexation Agreement and Planned Unit Deve/opment approved by Ordinance No. 2003-10, an Amendment to the Preliminary Plan, and approval of an off- street parking facility use at 325 N Riverwalk Drive,subject to the following conditions: 1. The proposed development shall be developed in substantial conformance to the plans attached. 2. The Petitioner sholl comply with all applicable Village codes, regulations, and policies. 3. Any incidental or directional signage proposed will be reviewed by Village staff. 4. Prior to the issuance of any building permits for construction of the new off- street parking facility, the total parking count for the office uses will be reviewed and accommodations shall be made to the parking lot at 2100-2150 Lake Cook Road in compliance with the lllinois Accessibility Code(regarding the number of accessible parking spaces and location of the accessible spacesJ. Com. Moodhe seconded the motion. Com. Moodhe noted that there was a letter from a resident included in the PZC packet. He noted that even though a parking lot is not his favorite use for the site, it is probably better than an 8-story office building. He indicated that he is supportive of the request if it brings potential for more corporate business to the Village. Com. Davis stated that he is struggling with the request because it is based on speculation of what the need might be. He noted he doesn't think it makes o lot of sense in our current environment and that there is a reason why those buildings haven't been constructed-there is no need. 1 U2/2022 Com. Weinstein agreed with Com. Davis and noted that he is also a little hesitant. He noted the property has been sitting undeve/oped this long and that they would be replacing vacant green space with potentially vacant concrete. He also noted that the parking lot will be we/l screened and will not be very visible and that he trusted that CVS/Caremark know their business and their need for the parking. Chairman Cesario stated that approval of the parking lot tonight removes the owner's right to build the eight-story building. He noted, they can leave here tonight and construct that project. He suggested that the current proposal for overflow parking is a more acceptable proposal and is better for the Village and tenant. Hard stated it is hard to argue with better for everyone. RESULT: APPROVED[8 TO 1] AYES: Moodhe, Spunt, Cesario, Khan, Weinstein, Au, Richards, Worlikar NAYS: Jason Davis Reqular Meetinq Other Matters for Discussion Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting -Aug 17, 2022 7:30 PM RESULT: ACCEPTED[8 TO 0] AYES: Moodhe, Spunt, Cesario, Weinstein,Au, Richards, Worlikar, Davis ABSTAIN: Zill Khan Chairman's Report Chairman Cesario gave his chairman's report. Committee and Liaison Reports Com. Moodhe reviewed the Village Board meeting he attended and the PZC items that were approved by the Village Board. Staff Report/Future Aqenda Schedule Staff indicated that there are two upcoming cases for November 16, 2022, agenda. Public Comments and Questions Adiournment The meeting was adjourned at 8:40 PM Kelly Purvis APPROVED BY ME THIS 2nd DAY OF November , 2022 HAMILTON PARTNERS HAMILTON PARTNERS,INC. 1130 Lake Cook Road Buffalo Grove,Illinois 60089-1974 847.459.9225 Fax:847.459.8918 April 21,2021 Ms.Rati Akash Village Planner,Community Development Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,I160089 RE:Distinct Address/PIN 15-35-402-147 Dear Ms. Akash, As the authorized agent for Riverwalk North Office, LLC, the owner of the subject property, a vacant land site identified by PIN 15-35-402-147, I am requesting and specifically authorizing with full consent the issuance of a new distinct individual address. Further, I am confirming that the new address of 325 North Riverwalk Drive, Buffalo Grove, Illinois is an acceptable distinct address for the subject property. I am also an authorized agent for Riverwalk Preserve,LLC,the owner of the apartment complex commonly known as Riverwalk Preserve identified by PIN 15-35-402-145 with a current common address of 301 North Riverwalk, Buffalo Grove,Illinois. On behalf of Riverwalk Preserve,LLC we fully intend to maintain the current common address of 301 North Riverwalk, Buffalo Grove, Illinois. We have no objection to the issuance of a new address for PIN 15-35-402-147. Thank you very much for your assistance in securing the common address of 325 North Riverwalk Drive,Buffalo Grove for the subject property as identified by PIN 15-35-402-147. Should you have any additional questions or require anything further please contact our counsel, Susan Crowley,Crowley&Marsico,LLC at scrowley@cantaxlaw.com or 312.257.2020. Regards, /1"< "6-' Timothy G.Beechick Partner TGB:mcs CC: Susan Crowley/Crowley&Marsico LLC • Jessie Brown From: Rati Akash Sent: Thursday,April 22, 2021 2:41 PM To: Christopher Stilling;Steven Casstevens; Mike Baker; 'Caitlin Pennington'; 'Grant Dixon'; Susan K. Rydberg; Michael K Skibbe; 'Jen Pelayo (GIS@nwcds.org)'; 'Lake County Mapping Division (maps@lakecountyil.gov)'; 'Sabrina McIntosh (sabrina.a.mcintosh@usps.gov)'; 'Mike Meicher(michael.w.meicher@usps.gov)'; 'KCaldwell@lakecountyil.gov'; 'Gary Raupp';William J.Wagner Cc: Darren Monico;Ted Sianis; Kyle E.Johnson;Jennifer I. Maltas; Nicole Woods; Brett Robinson;Jessie Brown; 'Susan Crowley' Subject: New Address Assignment- 325 N Riverwalk Dr Attachments: Hamilton Partners Authorization Letter 4.21.21.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Address Committee Team, Please note the new address assignment in the Village of Buffalo Grove at the northwest Intersection of N Riverwalk Dr and Riverwalk Dr with a parcel id 1535402147 to be 325 N Riverwalk Dr,Buffalo Grove, IL 66089 as highlighted in the parcel below. 4. Y �- • / r — #.,^ � 325 N Riverwalk Dr � � �9 '* i z �� ra� " :; < 1 4W� : it rv3 Attached is a letter of consent from the owner Hamilton Partners for the new address change for your reference. 1 Please make sure that all GIS records in Buffalo Grove and the Lake County GIS reflect the above parcel 1535402147 to be 325 N Riverwalk Dr. Should you have any questions, please feel free to reach out to me! Thank you, Rati Rati Akash, Village Planner Community Development VILLAGE OF BUFFALO GROVE 50 Raupp Boulevard Buffalo Grove,IL 60089 (847)459-5592 I rakasheDvbg.orq 2