Planning & Economic Development Department

Planning & Economic Development Department SUBJECT: Second Consideration of Ordinances for 1601 Overlook Drive Glen Gate Shopping Center and Focus Development Apartments i.) First consideration of an Ordinance for Comprehensive Plan Amendment, Official Map Amendment, Rezoning, Planned Development, Commercial Zoning Variations, Final Site Plan Review, and Preliminary Subdivision Approval, and; ii.) second consideration of an Ordinance to amend Chapter 90, Article X, Section 90-553 and Section 90-561 of the Village s Vehicle and Traffic Code AGENDA ITEM: 9.a.i (1 & 2) MEETING DATE: April 16, 2013 VILLAGE BOARD REPORT TO: Village President and Board of Trustees FROM: Mary Bak, Director of Development, (847) 904-4304 THROUGH: Todd Hileman, Village Manager This item was unanimously approved on first reading at the Board of Trustees Meeting on April 2, 2013 1

P2012-052 and Z2013-006 Ordinance granting approvals for Comprehensive Plan Amendment, Official Map Amendment, Rezoning, Planned Development, Commercial Zoning Variations, Final Site Plan Review, and Preliminary Subdivision Approval at 1601 Overlook Drive, 3 Waukegan Road, and 1600 Golf Road Regency Glen Gate Shopping Center, Mariano s, and Focus Development Overlook at Glenview Apartments 04/02/13 ORDINANCE NO. AN ORDINANCE GRANTING APPROVAL FOR COMPREHENSIVE PLAN AMENDMENT, OFFICIAL MAP AMENDMENT, REZONING, PLANNED DEVELOPMENT, COMMERCIAL ZONING VARIATIONS FINAL SITE PLAN REVIEW AND PRELIMINARY SUBDIVISION APPROVALS WHEREAS, the Village of Glenview (the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the public health, safety and welfare of its citizens; WHEREAS, the applicant proposes a mixed-use development upon the property described herein, located at 1601 Overlook Drive, 3 Waukegan Road, and 1600 Golf Road (the Property ), consisting of not more than 250 residential units, a grocery store comprised of approximately 75,000 square feet, a multi-tenant in-line retail building comprised of approximately 15,400 square feet, an approximately 8,600 square foot multi-tenant retail outlot building, an approximately 4,000 square foot drive-thru bank, and a parking lot for use by the adjacent auto dealership on an approximately 21 acre parcel; WHEREAS, the owners, Avon Products, Inc. and BDC Waukegan Golf, LLC and applicants, Glenview-REG, LLC and Focus Acquisitions LLC, have requested approval of a.) a Planned Development with associated variations related to, among other things, density, number of parking spaces, setbacks for portions of the property described herein, and a non-accessory parking lot; b.) Comprehensive Plan Amendment; c.) Official Map Amendment; d.) Rezoning of portions of the property from I-2 Light Industrial District and B-3 General Service District to PD R-18 Planned Development Residential District and B-2 General Business District; and e.) commercial zoning variations for lighting upon the shopping center site; WHEREAS, notices of public hearings concerning the above noted requests and such other relief as may be necessary or desirable in connection with such matters were duly published on November 22, 2012 and January 31, 2013 in the Glenview Announcements, a newspaper of general circulation in the Village, in accordance with the Glenview Zoning Ordinance; WHEREAS, public hearings were held by the Plan Commission on December 11, 2012 (continued), January 8, 2013, January 22, 2013, and February 12, 2013 and by the Zoning Board of

Appeals on February 16, 2013 pursuant to the provisions of the aforesaid published notices, and all persons who desired to be heard were heard, including an opportunity given to all persons who desired to make objections thereto, and subsequently recommendations were forwarded to the Glenview Board of Trustees; WHEREAS, a final site plan review pursuant to the criteria of Chapter 54, Article IV of the Glenview Municipal Code (the Code ) was conducted by the Plan Commission on the aforementioned meeting dates and times, and subsequently a recommendation by the Plan Commission was forwarded to the Glenview Board of Trustees which recommendation was duly considered by the Corporate Authorities; and WHEREAS, a findings of fact pursuant to Chapter 98, Article II, Section 98-47 was conducted by the Zoning Board of Appeals on the aforementioned meeting date and time, and subsequently a recommendation by the Zoning Board of Appeals was forwarded to the Glenview Board of Trustees which recommendation was duly considered by the Corporate Authorities; and WHEREAS, the Corporate Authorities, find it in the public interest to grant approval of a Comprehensive Plan Amendment, Official Map Amendment, Rezoning, Planned Development with Variations, Commercial Zoning Variations, Final Site Plan Review, and Preliminary Subdivision Approval, and that the approval of the development will promote the public health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Glenview, Cook County, Illinois, as follows: Section 1: The recitals contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2: The approvals as described in Sections 3 through 9 below are hereby granted to the Property, legally described as: LOT A IN AVON S SUBDIVISION OF PART OF LOT 2 IN ASSESSOR S SUBDIVISION OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 13, ALSO THE EAST 20 FEET OF THE WEST 426.09 FEET OF THE SOUTH 237 FEET (EXCEPT THAT PART USED FOR SIMPSON STREET A/K/A GOLF ROAD) OF LOT 2 IN ASSESSOR S DIVISION OF THE SOUTWEST FRACTIONAL QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN; LOT 1 IN AVON CAPITAL CORPORATION SUBDIVISION OF PART OF LOT 2 IN ASSESSOR S DIVISION OF THE SOUTHWEST FRACTIONAL QUARTER OP SECTION 7, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN; LOT 1 IN FIELDS SUBDIVISION OF PART OF LOT 2 IN ASSESSOR S DIVISION OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN; AND PART OF ASSESSOR S DIVISION IDENTIFIED BY REAL ESTATE PIN # 10-07-314-008-0000, ALL IN COOK COUNTY, ILLINOIS.

Section 3: Rezoning of the Property currently zoned I-2 Light Industrial District and B-3 General Service District to the following districts based on the Proposed Site Plan, prepared by OKW Architects and dated 02/04/13, and to be reflected in the legal descriptions noted on the future Final Subdivision Plat: A. The 10.78 acre and 2.0 acre southern parcels (the SOUTH PARCELS ) be zoned B-2 General Business District. B. The 7.66 acre northern parcel (the NORTH PARCEL ) be zoned R-18/PD Residential Planned Development District. Section 4: Comprehensive Plan Amendment and Official Map Amendment of the Property to reflect the zoning as described in Section 3 is approved. Section 5: An R-18 Residential Planned Development with associated Variations from the Zoning Ordinance for the North Parcel in accordance with the Proposed Site Plan, prepared by OKW Architects and dated 02/04/13, with detailed dimensions provided in the Avon Redevelopment-North Parcel, prepared by BSB Design and dated 02/05/13 is approved and shall include the following: A. A perimeter yard of 5 feet instead of a minimum of 50 feet as required; B. A building height of 53.66 feet instead of a maximum of 50 feet as required; C. A density of 37 units per acre instead of a maximum of 18 units per acre; D. A parking ratio of 1.47 spaces per unit instead of minimum of 2.0 spaces per unit as required; E. A dog run may be located within the required perimeter yard; F. A non-accessory parking lot with 49 parking stalls; G. A 22-foot drive aisle in the non-accessory parking lot instead of a minimum of 24-feet as required; H. A variation to allow a maximum light level of up to 7.5 foot-candles (fc) along the north property line instead of a maximum of 5.0 fc; I. A variation to allow an average light level of up to 3.2 fc instead of a maximum average of 2.0 fc; and J. A variation to allow a maximum light level of up to 11.6 fc instead of a maximum light level of 8.0 fc. Section 6: Final Site Plan Review approval is granted for the subject property, in accordance with the requirements of Chapter 54, Article IV of the Code and in compliance with the following: A. The proposed site plan prepared by OKW Architects and dated 02/04/13; B. Tree Removal Plans prepared by OKW Architects and dated 02/04/13 (3 sheets, entire site, and east and west); C. The Avon Redevelopment-North Parcel prepared by BSB Design and dated 02/05/13 (Sheet number L-1.1); D. Tree Removal Plan for Avon Redevelopment-North Parcel prepared by BSB Design and dated 02/05/13 (Sheet number L-1.2); E. Enlarged Site Plan Along Waukegan Road prepared by OKW Architects and dated 02/04/13; and F. Waukegan and Golf Road Preliminary Geometry (Exhibit #1), prepared by KLOA and dated 01/24/13. G. The applicant will grant a signage easement to the Village of Glenview for gateway signage generally as depicted on the Building C rendering. H. The addresses for the entire project shall be on Waukegan Road. I. The apartment parking deck shall include visitor parking and locations for same shall be

represented on a site plan. Section 7: Preliminary Subdivision approval of the parcels represented in the proposed site plan prepared by OKW Architects and dated 02/04/13, which shall include an reciprocal perpetual easement for ingress and egress for the benefit of the North Parcel, the South Parcels, and the public to allow for the use of the mid-block access drive. Section 8: The following zoning variations from the provisions of Chapter 98, Section 98-382(d) of the Code are hereby approved for the South Parcels: A. A zoning variation to allow the installation of light fixtures upon light poles at a height of up to 25.00 feet instead of a maximum height of up to 18.00 feet for fixtures located greater than 100 feet from residential property; B. A zoning variation to allow light fixtures upon light poles at a height of up to 25:00 feet instead of a maximum height of 14:00 feet for fixtures located less than 100 feet from residential property; C. A zoning variation to allow average foot-candle levels of up to 6.71 foot-candles (fc) instead of a maximum average of 5.00 fc; D. A zoning variation to allow a maximum foot-candle level of up to 26.8 fc instead of a maximum level of 12.0 fc, and to allow a maximum foot-candle level of 5.0 fc along the north property line instead of a maximum of 0.1 fc; E. A zoning variation to allow for uniformity ratios of up to 13.17:1.00 instead of a maximum uniformity ratio of 4.00:1.00; F. Site photometrics shall be installed in substantial accordance with the photometric plan entitled Mariano s Glenview WLS-8829P Sheet 1 prepared by WLS Lighting Systems and dated 01/24/2013 and consistent with the testimony and discussion provided during consideration of the petition; and G. Final site photometrics shall be subject to final Appearance Commission approval through the review and approval of a certificate of appropriateness for final site lighting. Section 9: Final engineering approval through the building permit process for the parcels and improvements comprising the development site, which shall include the following: A. Review of the proposed curbing and signage to minimize traffic flow from the subject property east along Overlook Drive into the Village of Golf; B. Review of the placement of traffic regulatory signage throughout the development; C. Determination of the appropriate location for the required sidewalk near the northeast corner of Waukegan Road and Golf Road; and D. Review of the final design of the Fire Department connection from the proposed parking lot along the railroad to the mid-block access road north of the retail parcel. Section 10: Appropriate notice shall be taken in the Office of the Director of Planning and Economic Development and any other affected departments of the approvals hereby authorized and suitable records shall be maintained to guarantee such approvals heretofore described. Section 11: Every section and provision of this Ordinance shall be separable, and the invalidity of any portion of this Ordinance shall not affect the validity of any other portion of this Ordinance. Section 12: This Ordinance shall be in full force and effect from and after its passage and approval according to law, provided, however, that this Ordinance and the approvals and other relief granted herein shall lapse and be of no further force or effect, and the Property shall revert to the I-2

and B-3 classifications in effect immediately prior to the adoption of this Ordinance, if the applicant Glenview-REG, LLC, or its designee, fails to acquire title to the Property from its current owners (Avon Products, Inc. and BDC Waukegan Golf) by no later than the date which is eighteen (18) months from the date of this Ordinance. Section 13: Notwithstanding the provisions of the Code or other Village ordinances and/or practices to the contrary, any requirements otherwise limiting to one year (or less) from the date of this Ordinance the time periods for obtaining any additional approvals or building or similar permits (such as, by way of example only and not limitation, the requirements pursuant to Chapter 54 of the Code that final site plan approval and zoning variation approval are valid for one year) shall be and are hereby extended to the date which is eighteen (18) months from and after the date applicant Glenview-REG. LLC or its designee acquires title to the Property. PASSED this day of, 2013. AYES: NAYS: ABSENT: APPROVED by me this day of, 2013. Kerry D. Cummings, President of the Village of Glenview, Cook County, Illinois ATTESTED and FILED in my office the day of, 2013. Todd Hileman, Village Clerk of the Village of Glenview, Cook County, Illinois

ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 90, ARTICLE X, OF THE MUNICIPAL CODE, VILLAGE OF GLENVIEW, ILLINOIS WHEREAS, the Village of Glenview ( the Village ) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the public health, safety, and welfare of its citizens; WHEREAS, from time to time, it becomes necessary for the Village to update the schedules which are used to regulate turning movements from public streets; and WHEREAS, in conjunction with the review of the Glen Gate Shopping Center and Focus Development Apartment proposal (case P2012-052), the corporate authorities have determined it is necessary to amend Chapter 90, Article X, Section 90-553 and Section 90-561 of the Village s Vehicle and Traffic Code (the Code ). NOW, THEREFORE, BE IT ORDAINED by the president and Board of Trustees of the Village as follows: Section 1: The facts and statements contained in the preamble to this Ordinance are found to be true and correct and are hereby adopted as part of this Ordinance. Section 2: Chapter 90, Article X, Section 90-553 of the Code shall be amended by the addition of the following bolded language: Sec. 90-553. - Left turn prohibited during certain times. (1) Except for school buses, traffic shall not turn left onto Happy Hollow Road from Willowbrook Circle between the hours of 2:30 p.m. 3:30 p.m., on days when school is in session. Traffic shall not turn left onto Willowbrook School Circle from Happy Hollow Road. (2) Traffic shall at all times, not turn left from Overlook Drive onto the two driveways on the south side of Overlook Drive, adjacent to the residential development at 195 Waukegan Road. Section 3: Chapter 90, Article X, Section 90-561 of the Code shall be amended by the addition of the following bold language: Sec. 90-561. - Left turn only. All traffic shall at all times turn left from: (1) The parking lot exit at 950 River Drive onto River Drive southbound. (2) The two driveways on the south side of Overlook Drive, adjacent to the residential development at 195 Waukegan Road, onto Overlook Drive westbound. Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 5: This ordinance shall be in full force and effect from and after its passage and approval according to law. PASSED this day of, 2013. AYES: NAYS: ABSENT: APPROVED by me this day of, 2013. _ Kerry D. Cummings, President of the Village of Glenview, Cook County, Illinois ATTESTED and FILED in my office the day of, 2013. Todd Hileman, Village Clerk of the Village of Glenview, Cook County, Illinois