1986-034 DRAFT 5/7/86
REVISED 5/13/86
ORDINANCE NO. 86- 34
THE LINCOLN CLUB
P.U.D. 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, this Ordinance (hereinafter referred to as the 'Ordinance") enacted
on this 19th day of May, 1986, by 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")
regulates property owned by AMERICAN NATIONAL BANK AND TRUST COMPANY OF CHICAGO,
under Trust Agreement dated December 2, 1980 and known as Trust Number 51453,
whose beneficial owners are: CATHERINE M. JOHNSON, c/o 7 Chevy Chase Drive,
Wheeling, Illinois 60090, and CHICAGO TITLE AND TRUST COMPANY, Under Trust
Agreement dated June 18, 1954, and known as Trust Number 36132 whose beneficial
owners are: CATHERINE M. JOHNSON, WILLIAM R. JOHNSON, CAT NE J. RICHTER, AND
WINIFRED R. JOHNSON, 7 Chevy Chase Drive, Wheeling, llinois 60090, (both trusts
collectively hereinafter referred to as "Owner") and LPC DEVELOPMENT, INC. , A
Texas Corporation (hereinafter referred to as "Developer") .
WHEREAS, Owner is the owner of a certain tract of property comprising
43.54736 acres legally described and identified on the Preliminary Engineering
Plan which is attached hereto as EXHIBIT C, 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, Developer desires and proposes pursuant to the provisions and
regulations applicable to the R-9 Zoning District of the Village Zoning Ordi-
nance, with a special use for a Planned Use Development to develop property in
1
C
accordance with and pursuant to a certain Preliminary Development Plan prepared
by The Group, Inc. and dated as last revised April 16, 1986, and also Preliminary
Engineering Plan prepared by Pearson, Brown & Associates, Inc. and dated as last
revised May 1, 1986, (hereinafter jointly referred to as the "Preliminary Devel-
opment Plan") , a copy of which Preliminary Development Plan is attached hereto as
EXHIBIT B and EXHIBIT C and incorporated herein, and subject to all other exhib-
its attached hereto or incorporated by reference herein; and,
WHEREAS, pursuant to due notice and advertisement in the manner provided by
law, the Plan Commission of the Village has held such public hearing prescribed
by law and made their recommendations with respect to the requested zoning
classification of R-9 Zoning District, with a Special Use for a P.U.D. ; and,
WHEREAS, the President and Board of Trustees after due and careful consid-
eration 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:
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 Section 17.28.060 of the Buffalo Grove Zoning Ordinance and the Village's
Home Rule powers. The preceding whereas clauses are hereby made a part of this
Ordinance.
2. Enactment of Zoning Ordinance. The Corporate Authorities hereby adopt
a proper, valid and binding ordinance approving a P.U.D. for the Property in the
R-9 Zoning 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
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Property in accordance with a Preliminary Development Plan prepared by The Group,
Inc. and dated April 16, 1986, (EXHIBIT B) , and the Preliminary Engineering Plan
prepared by Pearson, Brown & Associates, Inc. and dated May 1, 1986, (EXHIBIT C) .
3. Approval of Plats. The Corporate Authorities hereby approve a Prelimi-
nary Development Plan (EXHIBITS B and C) pursuant to the provisions of the
Development Ordinance and in addition agree to approve a Final Plan of Develop-
ment 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 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 Development Plan (EXHIBITS B and 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 A) as amended
from time to time.
It is understood and agreed that the final subdivision plat that will
hereinafter be submitted by the Developer shall conform to the Preliminary
Development Plan.
4. 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 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 discrimina-
torily 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.
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5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Development Plan, as herein approved, the parties agree that such
changes in the Preliminary Development 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 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 changes--(a) involves a reduction of
the area set aside for common open space; nor (b) increases by more than two
percent (2%) the total ground area covered by buildings.
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 engi-
neering and technical matters subject to this Ordinance, the Village reserves the
right to pass along any and all 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 Development of property within the Village.
7. 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 C are hereby approved by the Village,
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however, it 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
its ability and in a non-discriminatory manner water service to all users on the
Property in accordance with the Preliminary Development Plan. Watermains serving
the Property 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. The Developer hereby agrees to
pay his proportionate share of the water connection fees for the Chevy Chase
Subdivision. This is based on the percentage of acreage in The Lincoln Club to
the entire Johnson Property East. This percentage is 30% (43.5 divided by
144.8) .
8. Storm and Sanitary Sewer 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 jurisdiction 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 Illinois Department 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 C, however, it is
understood that changes to the Preliminary Engineering Plan may be required at
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the time of Final Engineering. Upon installation and acceptance by the Village
through 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 applied consistently to
all similar users in the Village to the extent possible. Upon request of the
Village Engineer, the Developer shall dredge the creek running through the
Property back to the Des Plaines River.
B. The Developer shall also construct on the Property in question any '
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 agree to operate and maintain that portion of the storm
sewer system which services public streets, or multiple properties, and the
Developer agrees to operate and maintain that portion of the storm sewer system
located on the Property and not dedicated, and shall record a covenant to that
effect within thirty (30) days of the recording of the Plat of Subdivision.
9. Drainage Provisions. The Developer shall fully comply with any request
of the Village Engineer related to the placement of buildings on lots, to pre-
serve 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. Payment of Recapture Fees Owed. Any amount of recapture required to be
paid by this Property shall be due and payable upon final platting of Phase I of
this development.
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11. Security 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 Improvement Agreement (EXHIBIT A) 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 im-
provements secured by the letter of credit. The amount of the letter of credit
may not be reduced by expenditures made by the Developer until such improvements
have been formally accepted by the Village.
12. 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 Development Improvement Agreement
EXHIBIT B Preliminary Development Plan
EXHIBIT C Preliminary Engineering Plan
EXHIBIT D Landscaping Plan
EXHIBIT E Architectural Rendering
EXHIBIT F Johnson Property East Annexation Agreement
13. Annexation Fee. Owner agrees to pay an annexation fee in an amount
equal to $200 per unit which fee shall be payable prorata at issuance of building
permits.
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14. Buildin , Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans including the perimeter landscape treatment (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. Lighting and signage shall be compatible
with surrounding areas. Phases not under construction or completed shall be
maintained in a neat and orderly fashion as determined by the Village Manager.
15. Declaration of Condominium. In the event that any portion of the
Property shall be developed under the Illinois Statutes relating to condominiums,
the condominium covenants, conditions and restrictions shall include a provision
whereby the Village shall have the right, but not the obligation, to enforce
covenants or obligations of the association or the owners of the units as defined
and provided within the Declaration of Condominium, and further shall have the
right, upon thirty (30) days prior written notice specifying the nature of a
default, to enter upon common open spaces and cure such default, or cause the
same to be cured at the cost and expense of the association or the owner or
owners thereof. The Village shall also have the right to charge or place a lien
upon the Property of the condominium association 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 approval of the Village. Prior to recording, the finalized Declara-
tion of Condominium shall be submitted to the Corporate Authorities for their
approval. Said Declaration shall include, but not by way of limitation, the
following covenants and obligations: to maintain the common areas pursuant to
Village of Buffalo Grove Ordinances and in a neat and orderly manner.
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This paragraph 15 shall also apply to the Property even if the Property is
not submitted to the Illinois Condominium Act in that the requirements hereunder
shall also apply to any homeowners association or covenant or restriction of
record for common area parcel(s) which serve one or more units.
16. Park District Donations. No contributions of land or money will be
required to any park district in connection with the Property other than such
contributions as may be required under that certain agreement dated June 30,
1977, between the Estate of Joseph M. Johnson and the Wheeling Park District,
which contributions satisfy the Developer's obligations under Title 19 of the
Buffalo Grove Municipal Code.
17. School District Donations. Developer agrees to comply with the pro-
visions of Title 19 of the Buffalo Grove Municipal Code as amended from time to
time regarding school donations. Developer agrees that it will make contribu-
tions of money to the Village for conveyance to School Districts #102 and #125
according to the criteria of said Title.
18. Facilitation of Develo went. Time is of the essence of this Ordinance,
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 Ordinance and the development of the Property in the best interests of all
the parties requires their continued cooperation. The Developer does hereby
evidence his intention to fully comply with all Village requirements, his will-
ingness to discuss any matters of mutual interest that may arise, and his will-
ingness 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 willingness to facilitate the development of the Property, as
contemplated by the provisions of this Ordinance.
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19. Enforceabilit of the Ordinance. This Ordinance 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 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.
20. Binding Effect of Ordinance. This Ordinance shall be binding upon the
parties hereto, their respective successors and assigns.
21. 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.
22. 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 Owner: American National Bank and Trust Company of
Chicago, under Trust Agreement dated December 2,
1980 and known as Trust Number 51453
33 North LaSalle
Chicago, Illinois 60602
Chicago Title and Trust Company, under Trust
Agreement dated June 18, 1954 and known as
Trust Number 36132
111 West Washington Street
Chicago, Illinois 60602
Copy to: William R. Johnson
7 Chevy Chase Drive
Wheeling, Illinois 60090
Mark Simon
Sonnenschein, Carlin, Nath and Rosenthal
8000 Sears Tower
Chicago, Illinois 60606
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If to Developer: Gary Kachadurian
Lincoln Property Company
LPC Development, Inc.
Two Mid America Plaza
Suite 720
Oak Brook Terrace, IL 60181
Copy to: Lawrence Freedman
Ash, Anos, Freedman & Logan
77 West Washington
Chicago, IL 60602
Mr. Jerry Tahu
Lincoln Property Company
3500 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa
Bloche' , French & Raysa
1011 Lake Street
Oak Park, IL 60301
23. Default.
A. Paragraph 26 of the Johnson Property East Annexation Agreement
(EXHIBIT F) shall govern the default of any obligations stipulated in this
Ordinance.
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 obligation 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 the Owner or successor thereto shall become a developer
or shall designate or contract with a developer other than Lincoln Property
Company, then in that case, the Owner or the new designee shall be subject to the
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liabilities, commitments and obligations of this Ordinance. Notwithstanding
anything contained herein to the contrary, the exculpatory clause of this para-
graph shall not in any way affect the real estate comprising the Property. In
the event the Owner or Developer defaults in his obligations created under this
Ordinance, the Village may enforce such obligations against the Property owner.
24. Special Conditions.
A. The following variations are hereby granted from Village
Ordinances:
Zoning Ordinance
1) Section 17.28.060.E.4.c. - This allows a 35 foot building
setback from the Chevy Chase Golf Course.
Develo went Ordinance
1) Section 16.30.050.A. 1. - This allows a right of way width of
31 feet.
2) Section 16.50.040.C.4. - If the Village is satisfied with the
"Enkamat" shore line protection being used in the Hidden
Lakes Village development, it may be used in this develop-
ment. Notwithstanding the above, the Developer shall bond
for the requirements of the Development Ordinance. It is
understood and agreed that the Village may require the
removal of said "Enkamat" prior to final acceptance and
Developer will install Development Ordinance requirements.
3) Section 16.50.080.A. 1. - This allows a sidewalk on one side
of the street.
B. The Developer shall be required to pay the local share of any
traffic signal improvements warranted by the Illinois Department of
Transportation.
C. All applicable provisions of the Johnson Property East Annexation
Agreement (EXHIBIT F) shall apply to this Property.
D. All sidewalks throughout the Property shall be five (5) feet wide
except the stub to the building entrance which shall be four (4) feet
wide. Bicycle paths shall be eight (8) feet wide.
E. The tennis courts at the west end of the Property adjacent to the
railroad tracks shall not be lit after 10:00 P.M.
F. During construction, a snow fence shall be erected along the
entire north property line.
G. An access easement shall be granted to the Village to provide
access to the Chevy Chase water tower property.
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H. A ten (10) foot wide easement shall be provided on both sides of
the public street for snow storage.
I. a public access easement shall be provided over all sidewalks and
bicycle paths.
J. The Developer agrees to forward to the Village at its request
(though not later than twenty-four (24) months after approval of the
P.U.D. Ordinance) , $100,000 for fire protection purposes. Said amount
shall be included within the Performance Guarantee for the Property.
K. The Developer will use his best efforts to secure permission from
the Wheeling Park District for bicyclists and pedestrians to traverse
Park District property at the club house adjacent to the Chevy Chase
Golf Course in order to complete a recreational trail system around the
entire golf course.
L. The Village shall have the right, but not the obligation, upon
thirty (30) days prior written notice specifying that the Property is
in violation of maintenance codes, to enter the Property and cure such
default, or cause the same to be cured at the cost and expense of the
Owner or Developer. The Village shall also have the right to charge or
lien upon the Property for the repayment of such costs and expenses,
including reasonable attorney's fees in enforcing such obligation.
M. A weight limit as determined by the Village shall be posted on the
public street in order to prohibit unnecessary truck traffic.
25. This Ordinance shall be in full force and effect from and after
its passage. This Ordinance shall not be codified.
AYES: 4 - O'Reilly, Glover, Shields, President Cla ton
NAYES: 1 - Kowalski
ABSENT: 2 - Marienthal, Reid
PASSED: May 19, 1986
APPROVED: May 19, 1986
APPROVE
4Village
VERNA L. CLAYTON, esi t
ATTEST:
Village Clerk Pro Tem
5/13/86
DRAFT 5/7/86
REVISED 5/13/86
THE LINCOLN CLUB P.U.D. ORDINANCE
TABLE OF CONTENTS
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Enactment of Zoning Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
3. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
4. Com liance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . .3
5. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
6. Building, Permit and Engineering Consultant Fees. . . . . . . . . . . . . . .4
7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4
8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . .5
9. Draina a Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
10. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Security for Public and Private Site Improvements. . . . . . . . . . . . .7
12. Exhibits,. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
13. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7
14. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . .8
15. Declaration of Condominium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
16. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
17. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
18. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
19. Enforceabilit of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
20. Binding, Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
21. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
22. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
23. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
24. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12