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2023-12-04 - Ordinance 2023-166 - AMENDING THE PRELIMINARY PARK PLAN APPROVED BY ORDINANCE NO. 1989-017 AND APPROVING A SPECIAL USE FOR A PUBLIC PARK, AND A VARIATION FROM THE PARKING STANDARDS FOR 851 WEILAND ROAD ORDINANCE NO.2023-166 AN ORDINANCE AMENDING THE PRELIMINARY PARK PLAN APPROVED BY ORDINANCE NO. 1989-017 AND APPROVING A SPECIAL USE FOR A PUBLIC PARK. AND A VARIATION FROM THE PARKING STANDARDS FOR 851 WEILAND ROAD VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS Parkchester Park 851 Weiland Road WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970;and, WHEREAS,851 Weiland Road, Buffalo Grove, IL("Property") is a public park approximately 7- acres in area, located in the R-4 Single Family Zoning District,which is currently improved with a playground and other recreational structures, pedestrian and bicycle trails as well as a stormwater detention basin and is hereinafter legally described in Exhibit A;and, WHEREAS,the Buffalo Grove Park District, ("Petitioner") has filed a petition to allow the construction of new park amenities on the Property;and is requesting the following approvals: 1. An Amendment to the Preliminary Park Plan approved by Ordinance No. 1989-017;and, 2. A Special Use to allow a public park in a residential district;and 3. A variation from Section 17.36.040 of the Zoning Code to allow the 7-acre park without the required off-street parking spaces. WHEREAS, notice of public hearing was given and the Village Planning&Zoning Commission conducted a public hearing on November 15,2023 concerning the petition for approval of the Amendment to the Preliminary Park Plan and Ordinance No. 1989-017,Special Use, and Zoning Variation;and, WHEREAS,the Planning&Zoning Commission made findings and determined that the petition meets the criteria for Special Uses and Variations as set forth in the Buffalo Grove Zoning Ordinance,as described in the minutes attached as Exhibit C; and, WHEREAS,the Planning&Zoning Commission voted 6-0 to unanimously recommend approval of the Amendment to the Preliminary Park Plan and Ordinance No. 1989-017,Special Use,and Zoning Variation;and, WHEREAS,the President and Village Board of Trustees after due and careful consideration have concluded that the proposed approval of the Amendment to the Preliminary Park Plan and Ordinance No. 1989-017,Special Use,and Zoning Variation requests are reasonable and will serve the best interests of the Village. WHEREAS,the proposed project shall be constructed in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description of the Property EXHIBIT B Plan Set EXHIBIT C Draft Minutes from the Nov 15,2023, Planning&Zoning Commission Meeting 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 Ordinance 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 the Preliminary Park Plan and Ordinance No. 1989-017,Special Use,and Zoning Variation for the Property at 851 Weiland Road, Buffalo Grove, IL,subject to the following conditions: A. The proposed park improvements shall be constructed in substantial conformance with the plans attached as part of the petition. B. The Final Engineering plans shall be submitted in a manner acceptable to the Village. C. Any directional or incidental signage added to the site shall be reviewed administratively by staff. SECTION 3. This Ordinance shall be in full force and effect upon passage. This Ordinance shall not be codified. AYES: 6—Johnson,Cesario,Ottenheimer,Stein, Bocek,Weidenfeld NAYES: 0- None ABSENT: 0-None PASSED: December 4, 2023 APPROVED: December 4,2023 PUBLISHED: December 5.2023 t�t��^;^��.>x;�"> l�li V��i-� IfJ�i ATTEST: ��-=` "�`v'''� APPR VED: ��'`�_ 'V��'{+1�i2.`.,'r '�' `�y V ..��I...��+.T . �t��»�� -__--;�;,� Jane ira�iari;�Tfage`C'fierk � Eric N.Smith, illage President � _ _- � . J'�JJJl../ff�.f�t..L7Jl`t!`��\ J��.^..,..:..4=1. EXHIBIT A Le�al Descriqtion Parkchester Park 851 Weiland Road PIN: 15-33-219-001 OUTLOT A IN PARKCHESTER ESTATES, BEING A SUBDIVISION OF PART OF SECTIONS 27, 28, 33 AND 34, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF, RECORDED NOVEMBER 20, 1989 AS DOCUMENT NO.2852525, IN LAKE COUNTY, ILLINOIS. EXHIBIT B Plan Set Parkchester Park 851 Weiland Road Exhibit B to Ord 2023-166 `� � �� BUFFALO GROVE PARK DISTRICT To: Village of Buffalo Grove Planning and Zoning Commission From: Erika Strojinc, Executive Director Tim Howe, Director of Parks and Planning Laurie Hoffman, Planning and Development Manager Date: October 16, 2023 Revised: October 27, 2023 Re: Buffalo Grove Park District—Parkchester Park OSLAD Development Action Requested: The Buffalo Grove Park District asks that the Village of Buffalo Grove Planning and Zoning Commission accept our formal application and provide a recommendation to the Village Board for the following regarding Parkchester Park: • Final Plan approval for the Parkchester Park OSLAD Development. • Special Use of Parkchester Park. Project Narrative/ Use Description: Parkchester Park is a popular park located at the intersection of Weiland Road and Newtown Drive. The park currently has outdated playground equipment, (2) basketball half-courts, a baseball field and (2� tennis courts. The north section of the park has an existing detention pond and a loop path that is connected to the Buffalo Grove bike trail system. The Buffalo Grove Park District as applied for and was granted an Open Space Lands Acquisition and Development (OSLAD) Grant to redevelop the site and upgrade the amenities for future use. As part of this grant process the Buffalo Grove Park District held communify meetings in August and September of 2022 to gauge public interest and gain feedback as to what residents wanted to see in Parkchester Park. The proposed plans being presented as part of this application are a result of the direct feedback received from residents. 530 Bernard Drive� Buffalo Grove,Illinois 60089• 847.850.2100• bgparks.org Exhibit B to Ord 2023-166 The updated playground equipment will be installed on ADA-accessible poured rubber safefy surfacing. The playground will be relocated to the center of the park along with a new full-size basketball court, as well as new tennis court and pickleball court with 10'-0" high fencing. The existing baseball field and associated backstop fencing will be removed. A new parking lot is being added to the center of the park for ease of accessibilify for residents. The parking lot provides 10 spaces and 1 ADA Space. The existing pond on the north end of the park will remain. Two fish outcropping locations will be added to the pond for public use. A native landscaping barrier will be added around the perimeter of the pond as well as to the east part of the park where the loop trail around the pond has been extended to. The south end of the park where the playground used to be will be turned into an educational walking path. The path will be provided with interpretive signage to educate the communify about the trees located on the site. This educational walking path is part of an overall extension of the trail system that runs through the park, creating a walking loop with bench seating for visitors to utilize. Construction documents are currently being prepared for permit submittal and bidding. The work will be publicly bid following local and State bid requirements. Development activities will be constructed within the footprint of previous land development activities to minimize impacts on open space and trees. Aftachments: • Responses to Variation Standards • Response fo Review Comments � Site Plan dated 20230CT27 • Preliminary Engineering Plan dated 20230CT27 Please feel free to reach out with any questions and thank you very much for your consideration. Sincerely, Laurie A. Hoffman, AIA � CDT � NCARB Planning and Development Manager 530 Bernard Drive� Buffalo Grove,Illinois 60089• 847.850.2100� bgparks.org i _ _.�.� .a. ------- _��.��._� . �� .� . � � : _ „�� .�� :.�,� _��.� �� ,.�,,.�a�9�� ,�o�,,,,�� g zxaiax senrr c&�•c•:�'{ '" �yu t ,m�.i>rtttr•�+•,um�...:^. � � 6POUY Qd1Y'AYUfYi�p04*I w v�(4�Y+J>� �M�a w r�wv W w ^"'h � � 'Ci1'SA]%d0'liA3U]'lYGSiY�t ��ry V��+W w^^ a�imT'� .«a»w,.�on•.,•.N+^�~w-^i.. �y(tc•es9int�y� I ,� ) i/Y1 i0 A11L'f0� ( s�aam ao uru I3/1(2Ja ' � N G I ��M�� j ; a � � � ► ,-a � I ..�,___-.�, �� -�,.��..�,:,�.�-n"'r,� _ i �- � ' I ' I 7n rc a' " 'p' � -4- � -�' ., � ,. , , � _ , i � a : ,,, a ' � � ` ,. � f � ��, , ,� �' ; ' �,yS ; ,� o, L;: � . !ado� ' ---� � . .�'� � , a � . , ,. 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Shade Single Post Cantilever Page 1 of7 ., . . . . ., o zo�s ey i.a�as�Pe sw�n,re5. .vi�yn�s reseNea. Document#24489000 � � . . 3- � IS01A�001 � �� Certitbd v y by landscape structures Shade Installation Tool Check list SPECIALIZED TOOLS ''�� ❑Concrete vibrator(can be rented) • __`� ForALL concrete foofing pours ~ ❑ Come-a-long (nylon strap or steel cabie version) Used for tensioning cables. < ❑ Nylon Strapping Used fo connect the come-a-long to the opposing post for tensioning. ,, ❑ Haven Cable Clamp �� 3 Connect the loop end to your come-a-long, and the other end grips ' the ca,b/e, for tensioning. ��,,�. � r� 4�� ❑ Nylon straps -10' Iong min, rating 8800 pounds Shade Single Post Cantilever Page2of7 ., . . . . ., m 2018 by Landsppe SWctures. Ail rtghts reserved. �OCUIT18flt#24489��0 � E"'��i�i- s k wa ° �So�oos . y ys � Cortltled by landscape structures Foundation Options Reference the Sealed Engineering Drawings for specific foundation details. DIRECT BURY DR1LL PIER SPREAD FOOTING s. :►. �� .. _ :r , r' �. � ►. •. �... ,' . .. � : " . ?: .�.• : . ,.. ;�� .A •..� - `' . � ' '�.'1, :. i, f . .1. . � ', .+�!'• , � � ' � ! .i. r -h 2. :� .�.. v: j " �►�. " �.. �. NOTE: Rebar is provided by others,not supplied by LSI. Vibrate the Concrete After filling the hole to iust below the leveling anchor nuts and washers, insert the concrete vibrator into several locations.The vibration consolidates the concrete firmly around the re-bar and anchor bolts. DETAIL Stake BASEPLATE ANCHOR TEMPLATE Lumber (OPTIONAL) Subgrade Top of Foundation NOTE:Use fumber to support template.Lumber may sit on grade,however,it may move out of place.To better secure orientation and hold depth, attach stakes through lum6er and pound into ground. NOTE: Use anchor installation template to ensure accurate bolt patterns. Do NOT concrete the leveling nuts into the foundation. Shade Single Post Cantilever Page3of7 ., . . . . ., e Zois by i.anascaPe sw�,r�5. a�i d9n�reservea. Document#24489000 � ��ii- s k wa ° �s�'��s � y Y� � Certitled by landscape structures DETAIL BASE NUT TIGHTENING o� 'O tE a' �,Mark �o Mark ��, � m ,�°� , , , c� , Bolt Bolt End �� .�� End �� Snug Plus 1/2 'N� ` aH' Required Nuc ` Tum Matchmarking Turns Tighten the remaining nuts on the top of the flange making them"snug tight",which you will see as the washer is compressed.Always use an alternating tightening pattern. Add wrench extension to the socket or box end wrench and again using an alternating pattern,turn each nut an additional 1/2 turn. IMPORTANT! Mark the nut using a permanent marker(like the one shown) in its starting position.Some inspectors will want to see this mark. Helpful Hints- 1. Cover anchor bolt threads and nuts with painter's tape or spray with WD-40 to make and concrete splatter ciean off easy. 2.Make sure that all anchor bolt nuts are tight against the templates so the anchor bolts can't move.lf nuts are not tight,anchor bolt movement wiil make it difficult to remove templates and install columns. Shade Single Post Cantilever Page4of7 ., . . . . ., e so�s by��as�Pe sw�n,�5. .vi a9n��eseNed. Document#24489000 � � . . 3- • �.5�7A��01 � S� �� o Cross iece � c.�c�r�.a y v P by landscape structures �4)Rafters � � l---.�"""�—��..,_— Hi Rafter � �� J,i"� � �'` `�`�—I-_ �/ ,_----__ � �f/ 1 �� '�f / i m � / ; '` � _ f ; , , ;,. � f,i 4 ` � j � �4�3��X 3�en CAUTION! Hardware configuration i Drive Rivet is always the same; Hardware sizes � Column to change as steel member sizes vary.See Sealed Drawing for specific ; hardware unit infomation. � (4)2"x%Z" 3 Hex Bolt � 4 �`, � . ` � �. (8)%2"Plain �,� (4)'/"Spring � Washers - Lock Washer � � � � (4)'h"Hex Nut. � � s DETAIL � ANCHOR BOLTING �4)'/<"Hex Nufs (4)2�3��X 3�4� (4)3/<"Piain Washer Hex Bolt (8)3�4„Plain Washers (4j%<"Spring Lock Washer ,(4)'/<"Plain Washer Sub rade �j(4)3/0"Hex Nuts(Leveling Nut) / ��'� ` o ! �4 /<' oncrete Anchor � (4)'/<°Spring , �'' Lock Washer a � � ' , D o P� f (4)'/<"Hex Nut a O 9 p � n To secure rafters fo center pole,use'thru bolts fhrough pre-drilled holes IMPORTANT!After the columns are in the rafter and center. plumb,&bolts torqued,and inspected, encase bolts and nuts in concrete or grout Why?It is safer to install because someone doesn't have to hold it while with a minimum 3"of cover. drilling a hole.The pre-drilled holes will orientate the rafter automatically. NOTE• See Sea(ed Drawing There is no drilling through the powder coating,exposing metal.The for specification. rafters will be easier to remove. Shade Single Post Cantilever Page5of7 ., . . . . ., c�zois by��as�Pe sw�,�5. ai�9n��e�Ned. Document#24489000 � ��- s k wa ° 'S°�°°1 ' y ys � �o.t�,i.d by landscape structures DETAIL FABRIC CONNECTION Cable Tensioning Shade Eyelet 1.Tension perimeter cable from finro directions using required Haven Cable Clamps and Come-a-Long to (Tension Value 150 Ibs.). 2.Install Cable Clamps as seen in the detail provided. Pin 3.Trim Perimeter Cable leaving 3'of extra length on each end of the cable. 4.Reinstall plastic caps on the end of the cables and teel Cable insert the extra cable into the fabric pocket. NOTE: The steel cable General Shade Uninstallation must pass under the ! - -�—-- - —` fabric pin and over the 1) Mark comers of fabric that are matched with each top corners. post 2) Slowly loosen clamps, but do not remove from cable. 3,) Remove fabric from shade system. 4) Store in safe place. DETAIL CABLE TENSIONING (TOP VIEW} Cable Clamp Shade Come-Along 5teel Cable Haven Cable Clamp Cable Clamp Steel Cab e Shade Single Post Cantilever Page6of7 ., . . . . ., o Zoia by�nas�Pe sw�n,�s. �ui�9nu�eSeN�a. Document#24489000 � � . . 3- -- � sk w ° 'S°�°°1 y ays � Certltied by landscape structures RAPID RELEASE ASSEMBLY/DISASSEMBLY FOR UNINSTALLATION/REINSTALLATION � a � RAPID RELEASE UNINSTALLATION 1)Unscrew and remove countersunk screw and aluminum cap. 2)Release tension from the fabric by unscrewing the internal screw.Do NOT loosen cabie clamps. 3)Release tension until you can remove the fabric and cable. 4)Return sleeve to closed position. 5)Reattach aluminum cap with screw. 6)Store fabric clean and dry in a safe space. RAPID RELEASE REINSTALLATION ' 1)Install fabric onto the.standard corner connections. 2)Unscrew and remove counterunk screw and aluminum cap. 3)Unscrew internal screw to move fo retracted posifion 4)Attach rapid release fabric corner. 5)Siowly tighten the internal screw untii desired tension is achieved. 6)Reattach aluminum cap with screw. Refer to demonsfration video(click link below): https://www.youtube.com/watch?v=G6jEMECpbKM Shade Single Post Cantilever Page7of7 ., . . . . ., a zo�s by�anas�Pe swcn,res. �ui nynu re5eryed. Document#24489000 Exhibit B to Ord 2023-166 G$�� i � �i � �� During your testimony at the Public Hearing,you need to testify and present your case for the Special Use being requested. In doing so,you need to address the six(6)Special Use Standards listed below: SPECIAL USE STANDARDS 1. The special use will serve the public convenience at the location of the subject property;or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health,safety,morals,comfort,or general welfare; Resqonse:Yes,the site is currently being used as a public park for the benefit of the residents of the neighborhood.The proposed project maintains that use and updates the existing conditions for future longevity. 2. The location and size of the special use,the nature and intensity of the operation involved in or conducted in connection with said special use,the size of the subject property in relation to such special use,and the location of the site with respect to streets giving access to it shall be such that itwill be in harmony with the appropriate,orderly development of the district in which it is located; Response:Yes,the existing site will remain the same size that it is currently. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district,nor substantially diminish and impair other property valuations with the neighborhood; Response:Yes,the site is currently being used as a public park for the benefit of the residents of the neighborhood.The proposed project maintains that use and updates the existing conditions for future longevity. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede,substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Response:Yes,the existing playground structure and basketball court is being replaced in kind, the new tennis and pickleball courts are being added based on current residents'feedback.The structures associated with these uses will not impede,substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie. 5. Adequate utilities,access roads,drainage,and/or other necessary facilities have been or will be provided; Response:Yes,adequate utilities,access roads and drainage have been or will be provided. 6. Parking areas shall be of adequate size for the particular special use,which areas shall be properly located and suitably screened from adjoining residential uses,and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, , eliminate nuisance and minimize traffic congestion in the public streets. Resaonse:Yes,parking areas shall be of adequate size for visitors choosing to utilize vehicular means to access the site.We are proposing a new turn lane to prevent traffic hazards, eliminate nuisance and minimize traffic congestion. �p�,. ,� N ��4'i` Exhibi � h 66 - g , ,: �� During your testimony at the Public Hearing,you need to testify and present your case for the variance being requested. During your testimony,you need to address the three(3)Variation Standards listed below: Criteria for Zoning Variation. A. The regulations of this Title shall not be varied unless findings of fact are made based upon evidence presented at the hearing that: 1. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts; Resaonse• The current property does not have a parking lot.Adding one as large as what would be required based on the property size would take away from the open area being utilized for outdoor � recreation and activity. ' Z. The plight of the owner is due to unique circumstances; Response• The current property does not have a parking lot. Most park users will be coming from the surrounding neighborhood and either walking or biking.There are accessible sidewalks or trails from all directions that connect to each amenity. 3. The proposed variation will not alter the essential character of the neighborhood Resaonse• A a total of 18 non-handicapped and 1 ADA parking sfall have been provided.This would be 50% of the required parking stalls based on the size of the property. Below is a total of approximate vehicle quantities based on each park amenity. It is anticipated that all amenities will be not utilized at the same time and can vary throughout the time of day, day of week and seasons. Parking Stalls Park Amenity 2 Tennis Court* 2 Pickleball Court � 5-10 Basketball Court* 1 Playground 1 Fishing 11-16 Total Needed 18+ 1 ADA Total Provided *Reference: Outdoor Recreation Facilities Guide:A Guide for Illinois Communities, IDNR � Exhibit B to Ord 2023-166 1/31/89 . ORDInTAAICE 89- 17 AN ORDINANCE APPRdVING AN ANNEXATION AGREEMENT ' (Parkchester Estates - Zaltzman/Bugner Property) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WIIEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property I.egalI.y described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; an.d, WHEREAS, proper and due notices of public hearings on said Annexation Agreement and Zoning have been given and public hearings were held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. � . NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND SOARD OF TRUSTEES OF THE VILLAGE QF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section I. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby autfiorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in fnll force and effect from and after its passage and approval. This �rdinance shall not be codified. AYES: 5 - Marienthal, Reid, Shields, Shifrin, Mathias NAYES: 0 - None ABSENT• 1 - Glover PASSED: February 6 I989 APPROVED: February 6 1984 APPROVED: . -� � �� //�n � ... " • � '� iLC�� J �- , �T�J _ � ' � . ':.;;•. VERIdA L. CLAYTON, Village Pres ent '�, . t ATTEST:. �" _� ;rt -�.: • K S�x'-L� 11. !,til.11r�?�+..%.� . r)► � Vili�age .Clerk - � �b�� . ., - -,�;;� . - � a _��::� ,. • � � ' Exhibit B to Ord 2023-166 2/6/89* . PARKCHESTER ESTATES (Weiland P.oad) ANI�iE�ATIGN AGREET,EI�TT . Table of Contents I. Applicable Law. . . . .. . . . . . . . . ... . . . .. . ... . . . . ... ... . .. .. ...... . . ..2 2. �reement: Compliance and Validity. .. . .. . .. .... ... . .. .. .. . ...... .2 3. Enactment of Annexation Ordinance. .. . . .. . . . .... . . . . .. ... . . .... ...3 4. Enactment of Zoning Ordinance. ... . ... . .... . .... ... .. . .... ... .....3 5. Approval of Plats... .... . . ... . ... ... . . ... .. .. .. . ... .. . ... . .... . ..3 6. Compliance with Applicable Ordinances. ..... . ... ... ... .... .. . .. ...4 7. Amendment of Plan. .. ..... . .. . .... .... . .. ... ... . . .. . . . .. .. . .... ...4 , 8. Building Permit Fees. ... . .. . . . . . . ... . . .. ... .... . . . . .. .... .. ......5 � 9. Water Provision. . ... ... . . .. . . . ... .... . .. .. . . ... . . . . . . . ... .. . .. ...5 10. Storm and Sanitarp Sewer Provisions. . . .. .. . .. . . . .. .. . . .. . .. .. . ...6 ... • _.. _ 1Z. Drainage Provisions... ... .. . . . .. ... . . . .. .. . ..... . . . . . . ... .. .... ..7 12. Payment of Recapture Fees Owed. . .. . .. . .. ...... .. . . . . .. .. . .. ......7 13. Security for Public and Private Site Imp.rovements. . . . ... ... . ... ..7 I4. Exhib'its. ... . .. ... ...... . . .... ... . . .. . . .. .. . .. ...... . . . . . ... .. . ..8 15. Annexation Fee. ... .... ...... . .. .. . ... . .. . .. . .. . ... . . . .. .. .. . .....8 I6. Building, Landscaping and Aesthetics Plans. . . .. ... .. . . ... .. . . ....8 17. Project Models.. . . .. ... .. .. . . . . .. ... . ..... . ... . . .. . . ..... .. .. ....$ 1$. Right of Way Dedication.... . . .. .. . . . . . .. .... .. .... .. . .... ........9 19. Park District Donations... . . ... .. . . . .. .. . ... .. .... .. .... . .. ......9 2Q. School District Donations. . .. .. . . ... . . .. .... .. . . ... . . .... .. .. .. ..9 21. Aanexation to the Buffal.o Grove Park District. . .. . .. ..... . ... ...10 22. Facilitation of Development.... ... .. . .... . .. . . ... . .. .... . .. .....1.0 23. Enforceability of the Agreement.. . .. . . .. .. .. . .. . . . .. . . .. . .. . . ...10 24. Term of Agreement...... ... .... .. .... . . ... ..... . .. ... .. . . . ..... ..10 25. Bindin� Effect of Agreement. . . . .. . .. . . .. ... .. ..... . . ........ .. . .10 26. Corporate Cagacities.... ... . . . . . .. .. . . .. ... . ... ... .. ... .. ..... ..II 27. Notices...... . . . . .. . . . ... .. .. . . .. . .. . . .. .. . ...... . .. ... ... . . ... .11 28. Default...... .. . ... .. .. . .. . .. . . . . . .. . . .. .. .. ...... .. . . .. . . .. ....11 29. Special Conditions. . .. . ... . .. . . . .. .. .. .. .. .. . . .... .. .... . .... . ..12 �`��`�3�3� 3 . , �+: , � . , • ' • Exhibit B to Ord 2023-166 • PARKCHESTER ESTATES _ (Weiland Road north of Marie A venue) Annexation Agreement � LOCATION MAP . �'� , P , ', � 'o , ... ` '(R4?. _ , ; — � [ a . ° '`� ";:.""� ` f � . .,�o •`'�:� � \ ` �� . . ^ � � o Y '�� R� oz. �••.�ss- R � _ �a . � I t � ° " I � � ° BI �Rea ', y ��' I ��f � � ,__.� � (� . . � � ti �, } — _gf —__ _ . ,t`o I , 'i '�•15• � �A6A �� r .If'6!� / _ ' _ . � � � _ - -- . '� � R6 � . ,�.i .n o 0 0 ~ � R� . v R� _` :_ `4 � i' f I �—�r--y .ri_ r_'� r _' � Suhject Property � �'7��3'7 � . `� - ' ' Exhibit B to Ord 2023-166 2/6/89* PARKCHESTER ESTATES (Weiland Road) ANNE%ATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 6th day of February, 1989, by and between the VILLAGE OF BUFFALQ �ROVE (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 American National Bank and Trust Company of Chicago, as trustee under a trust agreement known as Trust No. 107687-03 (hereinafter referred to as "Owner"), and Scarsdale Development, Ltd., an Illinois corporation, (hereinafter referred to as "Developer"). W I T N E S S E T H: WHEREAS, the Village ofTBuffal.o Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1470; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 44.03 acres legally described and identified in EXHIBIT A, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a PZat of Annexation, including street right-of-way adjacent to the Property, is attached hereto as E%HIBIT B, which depicts a total area of 45.9 acres to be annexed; and, WHEREAS, Devel.oper desires and proposes pursuant to the provisions and regulations applicable to the R-4 (One Family) bistrict of the Village Zoning Ordinance to develop Property in accordance with and pursuant to a certain Preliminar}� Plan prepared by McBride Engineering and dated as last revised December 8, I988, and also a Preliminary Engineering Plan prepared by McBride Engineering and dated as Iast revised December 8, 1988, {hereinafter jointly ��v,��+�� I 5 � ' Exhibit B to Ord 2023-166 referred to as "Preliminary Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS D, E and E-I and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of property sha].1 contain not more than II4 lots for single-family detached housing for an overall (gross) density of 2.59 units per acre; and, WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised 5tatutes 1987) and as the same may have been modified by the Village's Home Rule Powers, a proposed �nnexation Agreement, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, purs�ant to due notice and advertisement, the Pl.an Commission of the Village fias held a public hearing and made their recommendations with respect to the requested zoning classification of the R-4MDistrict.; and, WHEREAS, the Presic3ent and Board of Trustees after due and careful consid- eration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the deve.Iopment 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: I. Applicahle Law. This Agreement is made pursuant to and in accordance with the provisians of Section Ii-I5.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 19$7) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are � hereby made a part of this Agreement. 2. Agreement: Compiiance and Va].idity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with �t L=��3'7 2 � � ' � ' � Exhibit B to Ord 2023-166 provisions of Section 7-1-8 of the I1linois Municipal Code (Chapter 24, Illinois Revised 3tatutes I987). and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compli- ance with the terms and provisions contained herein, to anaex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petitiun for annexation, shall be null, void and of no force and effect unless the Property is validly annexed to the Village and is validly zoned and classified in the R-4 District, all as contemplated in this Agreement. 3. Enactment of Annexation Ordinaace. The Corporate Authorities within twenty-one (2I) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordi- nance") annexing the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake County Recorder's Office along with the Plat of Aanexation (attached hereto as EXHIBIT B) . Recordatian shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zoning Ordinance. Within twenty-one (21} days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinarcce, zoning Property in the R-4 District subject to the restrictions further contained herein. and alI applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further con@itioned on the development of the Property in accordance with a Preliminary Plan prepared by McBride Engineering and dated December S, I988 (revised) , (EXHIBIT D), and the Preliminary Engireeering PZan prepared by McBride Engineering and dated December 8, 1988 (revised), (EXHIBITS E and E-1) . 5. Approval of Plats. The Corporate Authorities hereby approve a Prel.imi- nary Plan (EXHIBITS D, E, and E-1) pursuant to the provisions of the Development ��a�� , 3 1 � , ' ' Exhibit B to Ord 2023-166 Ordinance and in addition agree to approve a Final Plan of Development or plats or phases of the development,of Property upon submission by the Developer of complete and proper materials as required for the issuance of appropriate build- ireg and other permits based on final versions of the plans and drawings af the development of the Property as submitted by the Developer provided that the plat or plats shall: (a) conform to the Preliminary Plan, (EXHIBITS D, E, and E-1) 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 C) 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 Developer shall conform to the phases of the . development as shown on the EXHIBIT H. � 6. Compliance with Applicable Ordinances. The Developer 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 that aII new ordinances, amendments, rules and ragulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discrimina- torily applied to the Property but shall be equally applicable to a11 property similarly zoned and situated to the extent possible. Developer, in the develop- ment of the Property, shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. � 7. 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 Villaga so determines, the submission of amended plats or plans, together with proper supportin� documentation, to the P.Ian Commission and/or the Corporate Authorities to consider such changes to this Agreement. The Corporate Authorities may, at their sole discretion, require � '�:��,�i3►�' S , . ' Exhibit B to Ord 2023-166 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 Plan. The Village Manager is hereby authorized to approve such minor changes as he deems appropriate, provided that no such changes involve a reduction of the area set aside for common open space. 8. 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 Agreement, the Village reserves the right to pass along any and aIl additionaZ 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. 9. 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 the extent shown on EXHIBIT E 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 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 �,'��3'7 9 s ' � ' • � Exhibit B to Ord 2023-166 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 Proper- ty 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. 10. Storm and Sanitary 5ewer 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 govern- mental agencies having �urisdiction 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 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 E, 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 thraugh 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 appiied consisteatly 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 EXHIBITS E and E-1, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of final eng9.neering. Upon installatior_ and a.cceptance l�}� tE�c Vi?lage tl:rcizgh form�l acceptance acr_ien by the Corporste ='��3'7 �`� �o ' � • Exhibit B to Ord 2023-166 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 Developer 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 wi�hin thirty (30) days of the recording of the Plat of Subdivision. I1. Drainage Provisions. The Developer shall fully comply with any request af �t,E. ��.��age L;nginee�- related to the placement of buildings on lots, to pre- serve drainage star.dards. 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 growl-h and maintenance of Iawn grasses. 12. P��ent of Recapture F'ees ek�ea. �.ng smcunt cf recapture required to be paid by this Property shall be due and payable upon final platting of Phase I of this development. 13. Securitp for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Develop- ment Ordinance, and the Development Agreement (EXHIBIT C} as amended from time to time. Any letter �f credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attor- ney. The issuer may have an equitable or lending interest in the Property provided that tiie 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. �:�b�3'7 �� ' ' Exhibit B to Ord 2023-166 14. 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 Cotnmission 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, upan execntion by the parties, together wfth copies of alI EXHIBITS, shall be kept on file with the Viliage Clerk and be available for inspection to the parties hereto. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation, dated January 10, 1989 (revised) EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan by McBride Engineering dated December 8, 1988 (revised) EXHIBIT E,E-I, Preliminary Engineering Plan by McBride Engineering E-2 dated December 8, 1988 (revised); Plat of Survey dated January 10, 1989 (revised) EXHIBIT F Schematic Site Layout Plan by Systems Design Group, Ltd. ,._ . dated December 7, 1988 EXHIBIT G Park Area Concept Plan by JEN Larcd Design, Inc. dated December I4, I988 (revised) EXHIBIT H Parkchester Estates Phasing Plan by Systems Design Group, Ltd., dated December 7, I988 15. Annexation Fee. Developer agrees to pay an annexation fee in an amount equal to $400.00 per dwelling unit which fee shall be payable prorata at issuance of building permits. However, this fee shall be paid in full prior to the expiration of this Agreement. 16. Building, Landscaging and Aesthetics Plans. Developer will submit building and Zandscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construc�ion of buildings. Lighting and signage shall be compatible with surrourcding areas. Phases not under con- struction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 17. Pro�ect Models aad Construction Access. The Village agrees to permit the Developer to construct and maintain one {1? model area on the Property, � �''��:�43'� �a � � " • Exhibit B to Ord 2023-166 consisting of a maximum of five (5} buildings with suitable off-street parking areas, all subject to Appearance Commission approval. Such construction shall be in compliance with the provisions of the Village's Building Code in existence at the time of building permit issuance. Further, the Developer may utiZize models only as a project office for the marketing of portions of the Property. Such use shall be discontinued when the project contemplated herein has been fully and finally completed. The Developer shall be allowed to use an access road from Weiland Road for construction equipment and vehicles during the development of Phase 'I (as dep�.cted on EXHIBIT H) . Said access road shall be reviewed and approved by the Village Engineer. 18, Right of Way Dedication. The Developer acknowledges that it is the intention of the Village and other involved agencies that at some time in the 'I future Weiland Road will be widened. At the request of the Village, but no later than upon approval of the first Final Plat of Subdivision, the Developer agrees to dedicate up to nineteen (19) feet of such additional right-of-way along Weiland Road as shown on EXHIBITS E and F as may be required to permit the widening, and to provide a right-of-way of 59 feet from the center line. 14. Park District Donations. Developer agrees to dedicate not less than 7.05 acres of land to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from tima to time. Said dedication shall consist of an active use park area of approximately 4.15 acres and a stormwater retention area of approximately 2.90 acres as depicted on EXHIBITS D and G. Developer shall � � provide all improvements depicted on EXHIBIT G including construction of the stormwater retentiom pond and 8-foot wide bituminous waikways, installation of berms, and planting of trees and other Iandscaping materials. 20. School Uistrict Don.ations. Developer agrees to comply with the pro- visions of Title 19 of the Buffaio Grove rlunicipal Code as amended from time to 9 �%�t '�"�'�'��J� �3 " � ` • Exhibit B to Ord 2023-166 time regarding school donations. Developer agrees that it will make contributions of cash to the Village for conveyance to School Districts �102 and 125 according to the criteria of said Title. 2I. Annexation to the Buffalo Grove Park District. The Developer agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 22. 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 tfie Property in the best interests of alI the parties requires their coatinued cooperation. The Qwner/Developer does hereby evidence his intention to fully comply with alI 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 willingreess to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 23. 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 provisians contained herein. 24. Term of Agreement. This Agreement will be biading on all parties for a term of twenty (20) years from the date of the execution of this Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village. ��r� /� 10 ' � ' • Exhibit B to Ord 2023-166 25. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto, and their respective successors aad assigns. 26. Cor�orate 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 sha11 have no personal liability in their individual capacities. 27. Notices. Any notice required pursuant ta the provisions of this I 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 to Developer: Frank Morelli, President Scarsdale Development, Ltd. 160b Hinman Avenue . Evanston, IL 6020I Copy to: Jerome Meister, Esq. Horwood, Marcus & Braun 30 North LaSalle Street, 24th Floor Chicago, IL 6d602 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. � Bloche', French & Raysa II40 Lake Street Suite 400 Cak Park, IL b0301 28. Default. A. 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 Developer allow Developer sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it canrcot be cured during said period. If Developer fails to cure such default or provide such evidence as provided above, then, with notice to Developer, the Village may �:'�b�'��3'� i i �� - � ' -• . Exhibit B to Ord 2023-166 begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed or at the option of the Village, to rezone such Property to the R-E District zoning classification. In such event, this Agreement shall be considered to be the petition of the Developer to discon- nect such portion of the Property, or at the option of the Village to rezone such Property to the R-E District zoning classi€ication. B. In addition to sub-paragraph A. hereof, it is recognized by the parties hereto that there are obligations and commitments set forth herein which are to be performed and provided for by the Developer not by the Owner. The Village agrees that the Owner as such is exculpated from any personal liability or obligaCioa to perform the commitments and obligations set forth herein and that the Village will look solely to the Developer for such performance, except that to the extent that tfie Owner or successor thereto shall become a developer or shall designate or contract with a developer other than Scarsdale Develapment, Ltd., then in that case, the Owner or the ne�v designee shall be subject to the liabiliCies, commitments and obligations of this Agreement. 29. Specia� Conditians. . A. The following variation to the Village's Development Ordinance is hereby granted: Section 7.6.50.040.C.4 - to a11ow the use of Enkamat erosion control matting instead of natural stones on the side slope area of the permanent pond as depicted oa EXHIBITS E and E-1. B, The Developer shall make improvements to the Weiland Road/Newtown Drive intersection, incZuding the provision of turning lanes ior north- and south-bound traffic, pursuant to EYHIBITS E and E-1, and as approved by the Village Engineer. C. The Developer acknowledges that it is the Village's intent to close Marie Avenue. The Developer shall remove the pavement of Marie Avenue between Weiland Road and Margaret Avenue. Developer shall provide "hammerhead" �FY �V�VY� 12 !� ' ' •- • Exhibit B to Ord 2023-166 turn-around� at the north ends of Margaret Avenue, Eugene Avenue, and Clarice Avenues. Developer sha11 construct bituminous driveways for the residerctial properties at the southwest and southeast corners of the Margaret Avenue and Marie Avenue intersection and at the southwest corner of the Clarice Avenue and Marie Avenue intersectioa. Said driveways are to replace the present access to Marie Avenue with access to Margaret Avenue and Clarice Avenue. Said properties for which driveways will be constructed are also known as 20748 Margaret Avenue, 20747 Margaret Avenue, and 20740 Clarice Avenue. Developer shall properly restore an.y landscaping, draiaage, or other items disturbed hy the street and driveway construction. All improvements shall be reviewed and approved by the Village Engineer. D. Developer shall make best efforts to screen the residential property on Horatio Boulevard directly east of Newtown Drive from headlight glare of vehicles using Newto�ar► Drive. . E. Developer shall construct a I.andscaped berm along Weiland Road adjacent to the park and retention pond pursuant to EXHIBITS E and G and as approveii by the Village Engineer. . F, Developer hereby indemnifies and holds the Village and its agents and emplayees harmless from any actions or courses of action which may arise on account of actions taken regarding Marie Avenue. This shall include, but not by �oay of li�itation, reimbursing the Village of reasonable attorneys' fees, expenses, and costs incurred hy the Village. IN WITNESS WHEREOF, the Corporate Authorities and Developer 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. �� /7 i3 � � • • •• . � . Exhibit B to Ord 2023-166 l'ILL.?GE OF DL'i.=rZO G}:OS'E � �=�� ..�.�.'...�. :7-� _:�;� ::,:. / y�_ � .To-� .�-..,�4�:�xF:•!x �f.� � iY . .. �.�+`�=• �a��`'�• l'Eii\n �. 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" �" � .� Exhibit B to Ord 2023-166 EXHISIT A PARKCHESTER ESTATLS :1td\E%�TIC`; �IGP.EL•*IE�T THAT PART �F SECTIONS 27,28, 33 , AND 34, Ii� TOWNSHIP 43 NORTH RANGE 11, EAST OF THE THIRD PRI2�CIPAL 2dERIDIAPd, DESCRIBED AS FOLIAWS: COigIENCI2IG ON THE EAST LIP�E OF SAID SECTION 33 , AT • A PDINT 14, CHAINS SDUTH OF THE taORTHEAST CQR27ER OF SAID .SECTION 33; RUNNING THENCE EAST 2 . 13 CHAI?iS; THENC� NORTH PARALLEL TO SECTION LINES 16.04 CHAI27S; THENCE SOUTH 89 DEGREES �WEST Z9 CHAINS; THENCE SOUTH 3 DEGREES WEST 1. 66 CHAINS TO THE SOUTH LZNE OF SAID SECTION 28; THEPaCE WEST . 211. 03 FEET TO THE S�7EST LIP7E OF THE t70RTHEAST 1/4 OF THE PJORTHEAST 1/4 OF SECTION 33 ; THENCE SOUTH ON THE SAID WEST . ._�,LIk�ER �1325.,8.5 �;�.�T,..TO THE SOUTH LIP:E OF THE NORTHEAST 1/4 OF THE NORTHEAST I/4 OF SECTION 33 ; THEt�C� EAST 027 THE SAID SOUTH LINE, 1324. 20 FEET TO TIiE EAST LI2�E OF SAID SECTION 33 ; THEP�iCE PdORTH ON SAID EAST LI?�E, 402.84 FEET TO THE PLACE OF BEGINNING (EYCEPT TIiAT PART TIiEREOF LYIitG NORTHWESTERLY OF A LI?JE BEIidG 85. 0 FEET (t•1EASURED e�T RIGFiT AtIGLES) SOUTHEASTERLY OF AldD PARI�LLEL WITH A STP.�1IGf�T LI27E DR11S•7N FROM A POINT ON THE SOUTH LIIIE OF THE NORTIIWEST QUARTER OF THE ?IORTHEAST ' QUARTER OF SAID SECTIOi�"�3 3- TFIr�T I5 I 12.4 5 FEET WEST OF THE SOUTHEAST CORiJER TF3EREOF (S.1ID POINT ALSO BEI2IG OiJ THE i4ESTERLY LII�E OF WEILAND ROr�,D tlS DEDICATED BY HIGIiI.,AilD GROVE UP1IT NO. 3 , BEING A SUBDIVISION P.ECQRDED r�PRZL 7, 1978 AS DOCUtdENT PId. 1908909 IP-� L•=�nE COU?ITY , ILLI?�QIS TO A POI2IT Ot� THE P70RTH LIl`ZE OF THE ArORESAID 2iORTHE��ST QUARTER OF THE NORTHEAST QUARTER OF 5EC'�'I027 33 THAT IS 118 . 05 FEET EAST OF THE i]�RTHWEST CORNER THEREOF) r'1LS0 TIiAT PART OF THE FOLLOWI?tG DESCRISED PROPERTY FALLING ;�TITHIP7 THE SOUTHEr�ST QUARTER OF • THE SOUTHEAST QUARTER OF SECTION 28 AFORESAID DESCRIBED AS FOLIAj�S: BEGINNING AT A POIidT IN THE t10RTH LIPTE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 33 TNAT IS 204. 39 FEET EAST �F THE P�ORTHWEST COP.NER THEREOF; THENCE SOUTH�9ESTERLY ALONG THE PROP�SED EASTERLY RIGHT—OF—WAY LINE OF COUNTY HIGH49AY 73 (SAID EASTERLY RIGHT—OF—WAY LItiE FORI�IItdG APl ANGLE �F 79°51'4 9" �rTITH THE ilORTH LI21E OF SECTIOP7 3 3, PIEASURED WEST TO SOUTH) FOR 131. 28 FEET TO ITS I2dTERSECTIOP� i9ITH THE CErITER OF OLD WEIL�PiD ROAD; THE.�CE P�ORTHEASTERLY ALOPJG SAID CEiJTER 35.08 FEET, i•fORE �R LESS, TO Atd AtlGLE POI2dT THEREI2�1; THE2�CE NORTHERLY ALOi�iG SAID CE.�TER 161. 91 FEET TO ;� ' POIt�T I27 THE AFORESAID EASTERL� RIGiIT—oF—WAY LItrE oF COUtaTY HIGiiS•TAY 73 ; THENCE SOUTHWESTERLY ALOI;G SAID RIGFiT—OF—WAy LIi7E 59.70 FEET TO 'TFiE POI2iT OF BEGIi�t�tIt�G, Iti Lu'�ItE COUidTY, ILLI270IS. ��b�� /� � r a f 1 f � l � � . F� "�'-� • Z 7 �� :i � 7 Exhibit B to Ord 2023-166 . . '.:.�i;^„Y � p:/^ is.::^.:`4'� fi}�-ir _,v�r r�`_�;:� T. is__t�,L�.: in_-�+ uatl �' ^t} ,.;..� r�ti� —1_ ��; i2� :', �:7 ? -�f � STATE �F ILLII�OIS ) ti��-t=�:r-;:%,r-;'- i_!�c,,,�-_•.�•r:.; ) SS. �� -• COUNTY OF COOK & LAKE ) I, JANET M. SIRABIAN, hereby certify that I am the duly elected, qualified and acCing VILLAGE CLERK of the Village of Bu£falo Grove, Counties of Cook and Lake, Illinois, and the keeper of its seal and records. I hereby further certiFy that Che attached is the original of Ordinance No. 89-17 adopted on Che 6 th day of February , 19 89 , by the Village Board of the Village � . of Buffalo Grove as shown by the records in my custody. IN WITNI:SS SJHEREOF, I have hereunto set my hand and affixed the seal of the Village of Buffalo Grove aforesaid, at said Village, in the County and State aforesaid, this 28 th day of April � 19 89 � ��: '` "'" . . :.,,�.,��:::�:i�:• . � . ��j�,''' '��, llage Clerk ��-,�,r° ,} _ . •:�.��,.: �� i. . _ - q, ,, _ „�jy'�,,,,ii'.�,. � � � �� VILL��GE �F B!]FF�LO Gr QVE 50 P.F.�1'P BJULE�lARD fiUFFt1L0 G�OVc, ILLINOIS, f:�,}t1c�9 / ��`�`�� G� � � EXHIBIT C Minutes from the November 15.2023,Plannin�&Zonin�Commission Meetin� ParkchesterPark 851 Weiland Road Exhibit C to Ord 2023-166 11/15/2023 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 15,2023 Call to Order The meeting was called to order at 7:30 PM by Chair Mitchell Weinstein Public Hearinqs/Items For Consideration 1. Consider a Amendment to the Special Use to Allow Torah Academy to Modify the Conditions of Approval Set Forth in Ordinances 2014-052 and 2015-043,Which Limit the Maximum Enrollment of Students Until Certain Improvements to the Parking Lot at 720 � Armstrong Drive. (Trustee Weidenfeld) (Staff Contact:Andrew Binder) Petitioners were sworn in. einder,Associate Planner,provided a background on the subject property and the reguest. Lawrence Freedman and Rabbi Steven Zehnwirth,spoke on behalf of Torah Academy, and discussed the overall request to amend the Special Use Ordinance. Freedman indicated that while the school has expanded their enrollment, it is not to the extent they originally anticipated.He stated many of the students arrive by van, which only takes up one parking space. Freedman further noted that the parking lot was expanded by 50%a few years ago and the petitioner feels that the parking lot is adeguate as improved. He noted that staff observed the traffic conditions and on-street drop-off was the only concern.He stated the conditions of approval address this concern and the petitioner fully agrees to the condition. Com.Spunt inguired about the playground open space next to the parking spaces. einder responded that it is an open field, and the staff is not concerned about safety issues. Zehnwirth indicated that there is a chain link fence between the play area and the parking lot. Com. Davis asked with the increase in students, will there be an expected change in parking spaces. The petitioner responded that the student increase would not pose an impact to parking spaces, as they anticipate the same ratio will carpool. Com. Richards asked the petitioner to explain the traffic flow of pickups and drop offs. The petitioner indicated that those coming to drop-off will use the closest spaces, while those that are coming to stay will park further away. Com.Richards asked if the internal facilities are large enough to accommodate 60 students. The petitioner indicated that they will continue to build out classroom,bathroom and kitchen areas to accommodate additional students. Com. Richards indicated that the original parking lot had a turnaround area,and the parking lot is now straighter. He asked the reason for the change. Exhibit C to Ord 2023-166 11/15/2023 The petitioner verbalized that he doesn't want the playground area impacted for parking and such a low volume of traffic. Com. Richards asked if there is any issue with the layout of the parking lot for fire trucks. einder noted that emergency vehicles have a safe pathway to the school and its students. Chairman Weinstein asked with an increase in student to employee ratios, would that require additional parking. The petitioner clarified that students come in groups,by van transport. Chairman Weinstein asked what would happen if 60 people arrived in 60 cars. Freedman responded,in the unlikely event that would be the case, the condition recommended by staff would address the concern. Drop off and pick up would not be able to take place within the parking lot,and the Village could request additional improvements. Com. Worlikar asked if there would be a stacking issue. einder confirmed it would not be an issue bosed on staff's observations of the traffic performed prior to the meeting. The public hearing closed at 7:50 PM. Com. Richards made to make a positive recommendation to the Village eoard to allow an amendment to Ordinance No. 2014-052, as amended by Ordinance No. 2015-43, which approved a Special Use to allow Torah Academy to operate a childcare facility and preschool/elementary school in the industrial district at 720 Armstrong Drive subject to the following conditions: 1. Condition 2 of Ordinance 2015-43 is hereby amended and replaced with the following new condition 2: "A maximum of sixty(60J students are allowed on the Property. The revised parking lot layout labeled `Proposed Torah Academy Parking Lot Striping Plan - dated 9/12/2022"' shall be implemented with parking lot signage and/or paint. Prior to the start of each school year, the petitioner shall provide the Village with the projected enrollment for the upcoming school year." 2. Drop-off/pick-up operations shall solely take place on the subject property. If at any time,enrollment reaches a point where traffic operations cannot be accommodated on site, additional improvements to the parking lot may be required at the Village's discretion. 3. Except for those conditions specifically amended as part of this request, all other conditions of Ordinances 2014-52 and 2015-43 shall remain in full force and effect. Com.Spunt seconded the motion. Com. Worlikar spoke in favor of the motion and indicated that he does not want kids being dropped off on Armstrong Drive,but that with the number of kids carpooling, the request makes sense. Exhibit C to Ord 2023-166 11/15/2023 RESULT: RECOMMENDATION TO APPROVE[UNANIMOUS] AYES: Spunt,Weinstein, Richards,Worlikar, Davis, Saxena ABSENT: Adam Moodhe,,Amy Au 2. Consider an Amendment to Ordinance No. 1998-14, as Amended through Ordinance No. 2021-53,to Expand the Uses Permitted Within the Golf Dome Facility to Include the Sale and Consumption of Aicohol at 801 McHenry Road (Trustee Weidenfeld) (Staff Contact: Andrew Binder) Chairman Weinstein stated that his firm represents the euffalo Grove Park District on many matters but is not associated or working on the subject project. He indicated,as such he does not feel that a conflict exists and will not be recusing himself. The petitioners were sworn in. einder,Associate Planner,provided a background on the subject property and the petitioners'requests. Joe Zimmerman,spoke on behalf of the euffalo Grove Park District, thereby discussed the need to allow alcohol sales and that the service would enhance and provide additional revenues to the facility. Com. Richards asked for a forecasted amount of revenue expected to be brought in. Zimmerman did not have an estimate at this time.Zimmerman discussed other park district events and facilities that serve alcohol. Com. Richards inquired about the staff training plan. The petitioner said the training covers over consumption recognition,patron service,ride offerings, and summarized TIPS training information. Com. Davis asked serving ages and the petitioner responded that the Buffalo Grove ordinance requires you to be 21 to serve. Com. Worlikar inquired whether customers are asking for this. He asked if it was for service enhancements or purely for revenue means. Zimmerman responded the idea,change,and added service was based on where the trends are going for similar golf facilities. Com.Saxena asked what the last serving time is,and the petitioner confirmed it was at 7:30pm. The petitioner said they would also be serving snacks. The public hearing was closed at 8:09pm. Com. Richards made a motion to make a positive recommendation to the Village eoard to allow an amendment to Ordinance No. 98-14, as amended through Ordinance No. 2021-53, to expand the uses permitted within the Golf Dome Facility at 801 McHenry Road to include the sale and consumption of alcohol,subject to the following conditions: 1. Section 2.of Ordinance 2021-53 is hereby amended as follows: 3. C. The euffalo Grove Park District shall be permitted to sell alcohol for consumption within the Golf Dome Facility. Exhibit C to Ord 2023-166 11/15/2023 3. D The euffalo Grove Park District shall obtain a liquor license pursuant to the Village of Buffalo Grove Municipal Code prior to selling any alcoholic beverages on the premises. 2. All references, conditions, and obligations to the Property in Ordinance 2021-53, not otherwise amended by this amendment,shall remain in full force and effect. Com.Davis seconded the motion. Com.Spunt spoke in favor of the motion noting he had not realized they didn't offer alcohol now. Chairman Weinstein spoke in favor of the motion and indicated that serving alcohol in such an environment is not an unusual thing. Com. Worlikar spoke in favor of the motion indicating that other similar venues such as Top Golf serve alcohol,and to maintain fairness the reguest is warranted. RESULT: RECOMMENDATION TO APPROVE[UNANIMOUS] AYES: Spunt,Weinstein, Richards,Worlikar, Davis,Saxena ABSENT: Adam Moodhe,Amy Au 3. Consideration of a Petition for an Amendment to the Park Preliminary Plan Approved by Ordinance No. 1989-017, a Special Use for a Public Park, and a Zoning Variation from the Off-Street Parking Requirements,to Accommodate Proposed Improvements to Parkchester Park, at 851 Weiland Road (Trustee Weidenfeld) (Staff Contact: Kelly Purvis) Chairman Weinstein stated that his firm represents the euffalo Grove Park District on some projects but is not associated or working on the subject project.As such he did not find a conflict with his participation in the discussion. The petitioners were sworn in from Buffalo Grove Park District-Laurie Hoffman,Erika Strojinc,Maria Blood(ConsultantJ Purvis,Deputy Community Development Director,presented the background on the subject property and the petitioners'requests. Hoffman,Planning and Development Manager for Buffalo Grove Park District, concurred with Purvis'presentation and onswered questions reloted to the reguested Parkchester Park Improvement Plan. Com.Spunt questioned the overflow and asked what options are there for pedestrians. Blood responded that the sidewalk continues to extend into the trail and the Park District will be adding directional signs. Chairman Weinstein asked about the reason for the parking lot addition. The petitioner explained it was a request from euffalo Grove residents and it brings the site into further compliance with the Village Ordinance requirements. Chairman Weinstein asked about noise considerations regarding the proposed pickleball courts. elood said there is only one court verses multiple courts so this limits noise concerns, and the location of the one court is furthest from the residents,at about 300 feet. Exhibit C to Ord 2023-166 11/15/2023 Com. Worlikar asked about pedestrian access. Sianis showed the crossings and access points near Deerfield Parkway, Newton Drive,and the midblock crossing. Sianis indicated that all pedestrian crossings were designed and completed with the Weiland Road project. Com. Worlikar asked about any improvements done to Weiland Road following the pedestrian accident? Sianis stated the only improvements were done with the Weiland Road project. Com. Richards asked if the East side was the only access with the sidewalk? Sianis confirmed it was. Com.Richards asked about community input and Purvis responded that one resident asked about the plans,but no other calls or comments were received. Chairperson Weinstein asked why there are only two fishing spots? Lori Hoffman stated that it was the intent to create specific locations for fishing so that vegetation could be added oround the detention pond. Public comment euffalo Grove resident from 410 Parkchester,asked to see the location of the parking lot. Purvis responded,showing the approximate location of the lot. He also asked about pickleball court location and if there are lights proposed. Strojinc confirmed that there are no lights proposed for the project. The public hearing closed at 8:32 PM. Com. Richards made a motion to recommend approval of the requested amendment to Ordinance No. 1989-017, a Preliminary Plan, a Special Use for a public park, and a Uariation from the off-srreet parking regulations to accommodate the above-described improvements to Parkchester Park at 851 Weiland Road, subject to the following conditions: 1. The proposed park improvements shall be constructed in substantial conformance with the plans attached as part of the petition. 2. The Final Engineering plans shall be submitted in a manner occeptable to the Village. 3. Any directi.onal or incidental signage added to the site shall be reviewed administratively by staff. Com. Davis seconded the motion and spoke in favor of the motion. He indicated he was pleased with the proposed improvements. Chairman Weinstein spoke in favor of the motion and thanked the euffalo Grove Park District for the public engagement with the neighborhood. Exhibit C to Ord 2023-166 11/15/2023 Com. Worlikar spoke in favor of the motion. He liked the changes and updates. He commended the Park District's efforts and appreciated the placement of the Pickleball court. RESULT: RECOMMENDATION TO APPROVE[UNANIMOUS] AYES: Spunt,Weinstein, Richards,Worlikar, Davis,Saxena ABSENT: Adam Moodhe,Amy Au Reaular Meetinq Other Matters for Discussion Approval of Minutes 1. Planning and Zoning Commission-Regular Meeting-Oct 18,2023 7:30 PM RESULT: ACCEPTED[UNANIMOUS] AYES: Spunt,Weinstein, Richards,Worlikar, Davis,Saxena ABSENT: Adam Moodhe,Amy Au 2. Planning and Zoning Commission- Regular Meeting-Nov 1, 2023 7:30 PM RESULT: ACCEPTED[5 TO 0] AYES: Spunt,Weinstein,Richards,Worlikar, Saxena ABSTAIN: Jason Davis ABSENT: Adam Moodhe,Amy Au Chairman's Report Committee and Liaison Reports The Committee Liaison indicated that Lazy Dog was approved at the previous Vllage Board meeting. Staff ReportlFuture Aaenda Schedule Staff indicated that two Special Use Amendments are slated for consideration at the 12/6/23 meeting. It is anticipated that the 12/20/23 meeting will be cancelled. Public Comments and Questions None Ad'ournment The meeting was adjourned at 8:39 PM Kelly Purvis APPROVED BY ME THIS 15th DAY OF November ,2023 Exhibit C to Ord 2023-166 11/15/2023 Mitchell Weinstein, Commissioner