1987-067 10/5/87
ORDINANCE NO. 87- 67
BENTLEY PLACE TOWNHOMES
PLANNED UNIT DEVELOPMENT ORDINANCE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of
the provisions of the Constitution of the State of Illinois of 1970; and
WHEREAS, Shannon and Associates, Ltd. (hereinafter referred to as the
"Developer") is the developer of a certain tract of property comprising 6.007
acres legally described and identified in the Plat of Survey, which is
attached hereto as EXHIBIT A, which exhibit is made a part hereof
(hereinafter referred to as the "Property") and which real estate is within
the corporate limits of the Village; and,
WHEREAS, said Property is zoned in the R-1 and B-1 Districts by the
Village; and,
WHEREAS, the Village has received a petition for rezoning the Property
to the R-8 Multiple Family District with a special use for a Residential
Planned Unit Development and for approval of a Preliminary Plan; and,
WHEREAS, the Developer proposes to construct 38 townhome dwelling units
on the Property pursuant to a Site Plan dated August 24, 1987 attached hereto
as EXHIBIT B, and a Preliminary Engineering Plan dated September 21, 1987
(revised) attached hereto as EXHIBIT C, (EXHIBITS B & C are hereinafter
referred to as the "Preliminary Plan") , and subject to all other exhibits
attached hereto or incorporated by reference herein; and
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations
pursuant to Chapter 17.28.050.E. and 17.40.040 of the Zoning Ordinance with
respect to the requested Preliminary Plan in the R-8 District with a special
use for Residential Planned Unit Development; and,
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WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the zoning and development of the Property
on the terms and conditions herein set forth would further enable the Village
to control the development of the area and would serve the best interests of
the Village; and,
WHEREAS, the President and Board of Trustees of the Village (sometimes
hereinafter referred to as the "Corporate Authorities") do hereby find that
the evidence presented meets the requirements for a special use for a
Residential Planned Unit Development and for variations to the Village's
Development Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
1. Applicable Law. 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.
2. Enactment of Zonin& Ordinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Residential Planned
Unit Development for the Property legally described on EXHIBIT A in the R-8
District subject to the restrictions further contained herein and all
applicable ordinances of the Village of Buffalo Grove as amended from time to
time. Said zoning shall be further conditioned on the development of the
Property in accordance with a Site Plan (EXHIBIT B) dated August 24, 1987
and the Preliminary Engineering Plan (EXHIBIT C) dated September 21, 1987
(revised) .
3. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS B & C) pursuant to the provisions of the
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Development Ordinance and in addition will approve a Plat upon submission by
the Developer of complete and proper materials as required for the issuance
of appropriate building and other permits based on final versions of the
plans and drawings of the development of Property as submitted by the
Developer provided that the plat or plats shall:
(a) conform to the Preliminary Plan (EXHIBITS B & C) , and
(b) conform to the terms of this Ordinance and all applicable Village
Ordinances as amended from time to time; and
(c) conform to the Development Improvement Agreement (EXHIBIT F) as
amended from time to time.
4. ComEliance with Applicable Ordinances. The Developer will comply
with all ordinances of the Village of Buffalo Grove as amended from time to
time in the development of the Property, provided that all new ordinances,
amendments, rules and regulations relating to zoning, building and
subdivision of land adopted after the date of this Ordinance shall not be
arbitrarily or discriminately applied to the Property but shall be equally
applicable to all property similarly zoned and situated to the extent
possible. Developer, in the development of the Property, shall comply with
the standards set forth in the Village of Buffalo Grove Development Ordinance
as amended from time to time. Notwithstanding the provisions of this
Paragraph, no zoning changes will be applied that would adversely affect the
development of the Property pursuant to the Preliminary Plan.
5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Plan, as herein approved, such changes in the Preliminary Plan
will require, if the Village so determines, the submission of amended plats
or plans, together with proper supporting documentation, to the Plan
Commission and/or the Corporate Authorities to consider such changes to this
Ordinance. The Corporate Authorities may, at their sole discretion, require
additional public hearings and may review the commitments of record contained
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in this Ordinance, including, but not limited to fees, prior to final
consideration of any change in the Preliminary Development Plan. The Village
Manager is hereby authorized to approve such minor changes as he deems
appropriate, provided that no such change involves a reduction of the area
set aside for common open space.
6. Building Permit and Engineering Consultant 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
Ordinance, the Village reserves the right to pass along any and all
reasonable additional 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.
7. Water Provision. The Developer shall be permitted and agrees to
tap on to the Village water system at points as shown on EXHIBIT C
recommended by the Village Engineer. It is understood that changes to the
Preliminary Engineering Plan may be required at the time of Final
Engineering. The Developer further will 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 will 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 will provide to the best of its ability and in a
non-discriminatory manner water service to all users on the Property in
accordance with the Preliminary Plan. Watermains serving the Property and
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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 part of
the Village water system maintained by the Village.
8. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities shall cooperate with the Developer and
use their best efforts to aid Developer in obtaining such permits from
governmental agencies having jurisdiction as may be necessary to authorize
connection from the proposed development to the Lake County Public Works
Department or the Metropolitan Sanitary District for the collection of sewage
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
C, however, it is understood that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities will operate and maintain such
systems, except for sanitary sewer service connections. The Developer
accepts any increase in sewer rates and tap on fees, provided that such fees
and rates are applied consistently to all similar users in the Village to the
extent possible.
B. The Developer shall also construct on the Property in question
storm sewers which may be necessary to service the Property, as per EXHIBIT
C, however, it is understood that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering. Upon installation and
acceptance by the Village through formal acceptance action by the Corporate
Authorities, the Corporate Authorities will operate and maintain that portion
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of the storm sewer system which serves public streets or multiple properties.
The Developer or successors will operate and maintain the balance of the
system and the storm sewer system located on the subject Property, and shall
record a covenant to that effect within thirty (30) days of the recording of
the Plat.
9. Drainage Provisions. The Developer shall fully comply with any
request of the Village Engineer related to the placement of buildings on lots
to preserve drainage standards. 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 growth and maintenance of lawn grasses.
10. Reserved.
11. Pa went of Reca ture Fees Owed. Any amount of recapture required
to be paid by this Property by Village Ordinance, shall be due and payable
upon final platting of this development.
12. Security for Public and Private Site Im rovements. Security for
public and private site improvements shall be provided in accordance with
the Development Ordinance, and the Development Improvement Agreement (EXHIBIT
F) as amended from time to time. Any letter of credit issued for such
improvements shall be drawn on a financial institution of net worth
reasonably satisfactory to the Village Attorney. The issuer may have an
equitable or lending interest in the Property provided that the letter of
credit, either by its own terms or by separate written assurances of the
issuer, shall be honored irrespective of that interest. The Village shall
have the right to draw up to the full amount of the letter of credit in order
to complete, and have formal acceptance of, all improvements secured by the
letter of credit.
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13. Exhibits. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the hearing held
before the Plan Commission and the Corporate Authorities prior to the
execution of this Ordinance, are hereby incorporated by reference herein, made
a part hereof, and designated as shown below. This Ordinance, together with
copies of all EXHIBITS, shall be kept on file with the Village Clerk and be
available for inspection to the parties hereto.
EXHIBIT A Plat of Survey/Legal Description
EXHIBIT B Site Plan by Midwest Technical Consultants, dated August
24, 1987
EXHIBIT C Preliminary Engineering Plan by Donald Manhard
Associates, dated September 21, 1987 (revised)
EXHIBIT D Building elevation and floor plans (8j" x 11" drawings)
no date (received September 24, 1987)
EXHIBIT E Building elevation and floor plan (30" x 36" drawings),
no date (received September 24, 1987)
EXHIBIT F Development Improvement Agreement
14. Building, Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans (which landscaping plans shall conform to the
requirements of Village ordinances) for approval by the Appearance Commission
and the Corporate Authorities before commencing construction of buildings.
Phases not under construction or completed shall be maintained in a neat and
orderly fashion as determined by the Village Manager.
15. Declaration of Covenants, Conditions and Restrictions. The
Property shall be subject to a declaration of covenants, condition and
restrictions (Declaration)" which shall include but not by way of limitation
a provision whereby the Village shall have the right, but not the obligation,
to enforce covenants or obligations of the association and/or the owners of
the units as defined and provided within the Declaration, and further shall
have the right, upon thirty (30) days prior written notice (except in case of
emergency) specifying the nature of a default, to enter upon the Property and
cure such default, or cause the same to be cured at the cost and expense of
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the association or the owners. The Village shall also have the right to
charge or place a lien upon the Property for the repayment of such costs and
expenses, including reasonable attorneys' fees in enforcing such obligations.
The declaration shall further provide that this provision may not be amended
without the prior approval of the Village. The Declaration shall also provide
that: 1. The Association shall provide maintenance and snow removal for the
emergency access easement as depicted on EXHIBITS B and C and the final plat;
2. The Association shall provide snow removal for private driveways and store
excess snow in appropriate off-street locations; 3. The Association shall
own and maintain the street island at the entrance to the Development. The
Declaration shall be submitted to the Village for review and approval.
16. Facilitation of Development. Time is of the essence, and all
parties will make every reasonable effort to expedite implementation of this
Ordinance. It is further understood and agreed that the successful
consummation of this Ordinance and the development of the Property in the
bests interests of all the parties and requires their continued cooperation.
The Developer does hereby indicate his intention to fully comply with all
Village requirements, his willingness to discuss any matters of mutual
interest that may arise, and his willingness to assist the Village to the
fullest extent possible. The Village does hereby indicate its intention to
always cooperate in the resolution of mutual problems and its willingness to
facilitate the development of the Property, as contemplated by the provisions
of this Ordinance.
17. Enforceabilitz of the Ordinance. This Ordinance shall be
enforceable in any court of competent jurisdiction by any of the parties of
by an appropriate action at law or in equity to secure the performance of the
covenants herein described. If any provision of this Ordinance is held
invalid, such provisions shall be deemed to be excised herefrom and the
invalidity thereof shall not affect any of the provisions contained herein.
18. Binding, Effect of Ordinance. This Ordinance shall be binding upon
the Property, the Developer, and its respective successors and assigns.
19. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate
Authorities are entering into this Ordinance in their official capacities as
members of such group and shall have no personal liability in their
individual capacities.
20. Notices. Any notice required pursuant to the provisions of this
Ordinance 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: Thomas H. Shannon
Shannon and Associates, Ltd.
210 Quail Ridge Drive
Westmont, IL 60559
Copies to: David Browne
Greenbaum and Gold, Ltd.
180 N. LaSalle Street, Suite 3100
Chicago, IL 60601
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa
Bloche' , French & Raysa
1140 Lake Street, Suite 400
Oak Park, IL 60301
21. Special Conditions.
A. The following variations are hereby granted from the Buffalo Grove
Development Ordinance:
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Section 16.30.050.A.4 - To allow a cul-de-sac length of approximately
861 feet.
Section 16.50.080.A.1 - To allow a sidewalk to be constructed along only
one side of a street.
B. Developer shall construct an emergency access driveway from the
Property to Weiland Road as depicted on EXHIBITS B and C, and as approved by
the Village concerning construction, signage, and maintenance.
C. Covenants pursuant to Section 15 of this Ordinance for the
development shall be approved by the Village at the time of the approval of
the Final Plat of Subdivision.
D. Dwelling units shall have floor areas of approximately 1,300 to
1,900 square feet, as depicted in EXHIBITS D and E.
22. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
AYES: 4 - Marienthal, Glover, Reid, Shields
NAYES: 1 - Shifrin
ABSENT: 1 - Kowalski
PASSED: October 5, 1987 APPROVED: October 5, 1987
APPROI
VERVA L. CLAYTON, Village Pre dent µ ATTEST:
Vill.dge Clerk
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EXHIBIT A
BENTLEY PLACE TOWNHOMES
SUBJECT PROPERTY LEGAL DESCRIPTION: That part of the Southeast Quarter of Section
28, Township 43 North,'Range,11, East of the Third Principal Meridian, described
as follows: Commencing'-et the -Northeast corner of Highland Point Unit No. 9,
being a subdivision of part of the South Half of Section 28, aforesaid, according
to the plat the recorded September 12, 1985 as Document No. 2383758, said
point being on the present, centerline of Busch Road, 1057.74 feet, as measured
along said present centerline;' Easterly of the intersection of said present center-
line of Busch Road with the West line of said Southeast Quarter (the North South
centerline of said Section 28 having an assumed bearing of North 00 degrees 00
minutes 00 seconds Eastfor this legal description); thence South 86 degrees 40
'A a:
minutes 11 seconds East'along,said present centerline of Busch Road, 155.20 feet
to a point for a place of beginning; thence continuing South 86 degrees 40 minutes
11 seconds East along said present centerline of Busch Road, 118.51 feet to an
intersection with the East line,of the West half of said Southeast Quarter; thence
South 86 degrees 05 minutes 53 seconds East along said present centerline of Busch
Road, 286.84 feet to an intersection with the centerline of Weiland Road (previous-
ly known as Buffalo Grove Road) ; thence South 03 degrees 38 minutes 05 seconds
West along the centerline of Weiland Road and along the centerline of said Weiland
Road as previously existed 1143.91 feet to a point on said centerline of Weiland
Road, 83.09 feet as measured along said centerline, North of the intersection of
said centerline of Weiland Road as previously existed with the South line of the
Southeast Quarter of said Section 28; thence South 88 degrees 55 minutes 10 seconds
West 300.40 feet; thence North 73 degrees 45 minutes 16 seconds west 87.32 feet;
thence North 46 degrees 23 minutes 37 seconds West 92.20 feet; thence North 03
degrees 00 minutes 18 seconds East 480.10 feet; thence North 31 degrees 29 minutes
32 seconds East 114.42 feet; thence North 03 degrees 28 minutes 08 seconds East
346.92 feet; thence North 04 degrees 35 minutes 41 seconds East 162.89 feet to the
place of beginning;
Except: that part thereof taken for roadway purposes and known as Weiland Road
(also known as County Highway 73) and Busch Road;
Also except: Lot 1 in Nordon Development Subdivision, being a subdivision in the
Southeast Quarter of said Section 28, in Lake County, Illinois.
10/5/87
BENTLEY PLACE TOWNHOMES
PLANNED UNIT DEVELOPMENT ORDINANCE
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Enactment of Zonin Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
p
4. Compliance with Applicable Ordinances . . . . . . . . . . . . . . . . . . . . . . . .3..
5. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
6. Building Permit and En ineerin Consultant Fees. . . . . . . . . . . . . . .4
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . .4
8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .6
10. Reserved. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Pa ent of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
12. Security for Public and Private Site Improvements. . . . . . . . . . . . .6
13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .7
14. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .7
15. Declaration of Covenants, Conditions and Restrictions. . . . . . . . .7
16. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
Y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
17. Enforceability of the Ordinance.
18. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
19. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
20. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
21. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
BENTLEY PLACE TOWNHOMES
PLANNED UNIT DEVELOPMENT ORDINANCE
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