Loading...
2014-10-20 - Ordinance 2014-071 - APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR EASTHAVEN SUBDIVISION10/20/2014 ORDINANCE NO. 2014 - 71 AN ORDINANCE APPROVING THE FIRST AMENDMENT OF THE ANNEXATION AGREEMENT FOR THE EASTHAVEN SUBDIVISION Pulte Home Corporation Easthaven Subdivision Southwest corner of Prairie Road /Olive Hill Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove enacted Ordinance No. 2014 -18 approving the Annexation Agreement for the Property (not including Lot 39 and Lot 40 of the Easthaven Subdivision) legally described in Exhibit A hereto; and, WHEREAS, Pulte Home Corporation has petitioned to the Village for amendment of the Annexation Agreement to approve a revised landscape plan (Exhibit F and F -1 to said Annexation Agreement) and a variation of the Village Fence Code to allow a fence eight (8) feet in height; and, WHEREAS, the Village Board has determined that it is in the best interest of the Village of Buffalo Grove to approve the first amendment of the Annexation Agreement and variation of the Village Fence Code. 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, Development Ordinance and the Village's Home Rule powers. The preceding Whereas clauses are incorporated herein. Section 2. The amended Annexation Agreement dated October 20, 2014, a copy of which is attached hereto and made a part hereof as Exhibit A, is approved. Section 3. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. 2 Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Berman, Trilli NAYS: 0 - None ABSENT: 0 - None PASSED- October 20. 2014 F—MI-MI Sussman. Terson. Stein. Ottenheimer Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 10/20/2014 T • RI 7 %WFIEWT EASTHAVEN SUBDIVISION PULTE HOME CORPORATION VILLAGE OF COOK AND COUNTIES, • Southwest corner of Prairie Road /Olive Hill Drive This agreement made and entered into this 201" day of October, 2014, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village ") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities ") and Pulte Home Corporation (hereinafter referred to as "Owner" and " Pulte Home Corporation "). W ITN ESSETH: WHEREAS, the property is a tract at the southwest corner of Prairie Road and Olive Hill Drive legally described in Exhibit A attached hereto and hereinafter referred to as the "Property;" WHEREAS, Pulte Home Corporation is the owner of the Property, and said Property does not include Lot 39 and Lot 40 of the Easthaven Subdivision; and, WHEREAS, the Village enacted Ordinance No. 2014 -18 on February 24, 2014 approving the Annexation Agreement for the Property; and. WHEREAS, Exhibit F and F -1 to said annexation agreement is the preliminary landscape plan for the subdivision; and, WHEREAS, said Exhibit F and F -1 depicts a wood board -on -board fence six (6) feet in height along the south line of Lots 30, 31, 32, 33, 34, 35, 36, 37 and 38; and, 0) WHEREAS, Pulte Home Corporation has determined that said fence is needed to provide an effective screen from adjacent land uses for residents of the homes to be built on said Lots 30 through 38; and, WHEREAS, Pulte Home Corporation desires to enhance the effectiveness of the screening provided by said fence by increasing the height to eight (8) feet; and, and, WHEREAS, the Village Fence Code allows a fence height of six (6) feet on residential lots; WHEREAS, Pulte Home Corporation has filed an application for a variation of Section 15.20.040 of the Village Fence Code to allow said height of eight (8) feet for the fence along Lots 30 through 38 and for amendment of the annexation agreement dated February 24, 2014 to revise Exhibit F to depict said fence of eight (8) feet in height; and, WHEREAS, Pulte Home Corporation has submitted a revised landscape plan (Exhibit F) attached hereto and made a part hereof depicting a wood board -on -board fence eight (8) feet in height along the south property line of Lots 30, 31, 32, 33, 34, 35, 36, 37 and 38; and, WHEREAS, the Village President and Board of Trustees conducted a public hearing on October 6, 2014 which was continued to and closed on October 20, 2014 concerning amendment of the Annexation Agreement and variation of the Village Fence Code; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Property on the terms and conditions set forth by the Annexation Agreement dated February 24, 2014, as amended by this Agreement, would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. That the preceding Whereas clauses are incorporated herein. 2. The Village hereby finds that the requirements for a variation of the Village Fence Code set forth in Section 15.20.110 have been met. 3. The Annexation Agreement dated February 24, 2014 is hereby amended to add to Section 31. Special Conditions, Section D.8 as follows: 3 O.8. Variation of Section 25.2O.04Oof the Village Fence Code ishereby granted to allow construction of an eight foot (8') wood board on board fence in the rear yards of Lots 30 through 38 as depicted on Exhibit F and F-1 hereto being a Landscaping Plan (2 sheets — PLI dated as last revised April 10, 2014 and PI-2 dated as last revised October 14, 2014). Said rear yard fences shall be maintained by the Easthaven Homeowners' Association. The Easthaven Homeowners' Association shall, within 180 days, reduce the height of the eight foot fence to six feet upon the issuance by the Village mfthe first building permit for a residential development on the real property adjoining tmthe south of Lots 3O through 38. 4. The Annexation Agreement dated February 24, 2014 is hereby amended to add tm Section l0. Declaration of Covenants. Conditions and Restrictions the following: The Declaration shall provide that the homeowners association shall maintain the eight foot (8') wood board on board fence in the near yards of Lots 30 through 88 and further the Declaration shall provide that the homeowners association shall, within 180 days, reduce the height of the eight foot fence on Lots 30 through 38 to sin feet upon the issuance by the Village of the first building permit for a residential development on the real property adjoining to the south of Lots 30 through 38. 5. Any changes to the exhibits attached hereto are subject to approval by the Village. & The provisions and requirements of the Annexation Agreement dated February 24` 3014 approved by Village Ordinance No. 2014-18 shall remain in full force and effect on the Property unless specifically modified by this amended E! IN WITNESS WHEREOF, the Corporate Authorities and Owner have caused this instrument to be executed by their respective proper officials duly authorized to execute the same as of the day and the year first above written. ATTEST: VILLAGE CLERK VILLAGE OF BUFFALO GROVE irtan, Village President OWNER d PULTE H ME ❑RPORATION By This document prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 4:4 0 11-111 Legal Description Easthaven Subdivision Southwest corner of Prairie Road/Olive Hill Drive Easthaven Subdivision (except Lot 39 and Lot 40 of the Easthaven Subdivision) being a subdivision of part of the east half of the southwest quarter of Section 21, Township 43 North, Range 11 East of the Third Principal Meridian, in the Village of Buffalo Grove, Lake County, Illinois. (Part of PIN 15-21-300-010) SUBJECT PROPERTY COMMON DESCRIPTION: Easthaven Subdivision, Prairie Road/Olive Hill Drive, Buffalo Grove, IL.