1978-026 ORDINANCE NO. 78 -
AN ORDINANCE PROVIDING FOR A PLANNED UNIT DEVELOP-
MENT ON THE 32.2 ACRE SITE LOCATED AT THE NORTHWEST
CORNER OF ROUTE 83 AND BUFFALO GROVE ROAD
WHEREAS, American National Bank as Trustee under Trust No. 22598
as the legal titleholder and Wilmont Homes , Inc. as contract purchaser,
(hereinafter referred to as Developer) have applied for a planned unit
development to develop the subject property for single family and townhouse
units ; and
WHEREAS, said application was made pursuant to the planned unit
development provisions of the Village of Buffalo Grove Zoning Ordinance
and pursuant to said ordinance public hearings were had before the Plan
Commission of the Village; and
WHEREAS, the Plan Commission has prepared findings and recommenda-
tions in favor of the proposed planned unit development , all of the aforesaid
in conformance with the Zoning Ordinance of the Village and of the statutes
of the State of Illinois; and
WHEREAS , the corporate authorities of the Village have considered
the preliminary plan of development and general plan of development submitted
by the petitioners ; and
WHEREAS, it is the opinion of the corporate authorities that the
development of the property as a planned unit development would promote the
orderly and beneficial development of the site and surrounding environs
while preserving common open space and protecting the value of property in
the neighborhood , all being consistent with the purposes and objectives of
the Village of Buffalo Grove Zoning Ordinance and conform with the Village's
plan of development; and
WHERE,;S, it is the opinion of the corporate authorities that the
granting of the petition and the passage of this ordinance is in the best
interest of the public health, safety and welfare.
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:
SECTION 1 : That a planned unit development , as defined in Article VI ,
Section 5 of the Zoning Ordinance of the Village of Buffalo Grove, and subject
to the conditions herein , be and the same is hereby approved and is permitted
to be constructed and operated on the following described property being
approximately 32.2 acres in size and located at the northwest corner of
Route 83 and Buffalo Grove Road, being legally described as follows :
That part of the East 1/2 of the Northeast 1/4 of Section 32
and that part of the West 1/2 of the Northwest 1/4 of Section 33,
Township 43 North , Range 11 East of the 3rd Principal Meridian
bounded by a line described as follows : Commencing at the
Southeast corner of the Northeast 1/4 of said Section 32; thence
South 89 degrees 46 minutes 00 seconds West, along the South
line of said Northeast 1/4 1012.20 feet to a point on said
line 310.0 feet East of the Southwest corner of the East 1/2
of the Northeast 1/4 of said Section 32; thence North 17 degrees
53 minutes 35 seconds West, 650.0 feet; thence North 19 degrees
00 minutes 03 seconds East, 744.20 feet to a point on the South
line of Farrington Drive, (proposed) said Southerly line of
Farrington Drive being described as a line 80.0 feet Southerly,
measured at right angles, of a line described as running from
a point 1204. 10 feet Southeasterly of the intersection of ,'the
center line of Illinois Route 83 with the West line of the East
1/2 of the Northeast 1/4 of said Section 32 to a point on the
West line of the East 1/2 of the Northeast 1/4 of said Section
32, 1168.75 feet South of the intersection of said line with the
center line of Illinois Route 83; thence North 72 degrees 06
minutes 25 seconds East along the Southerly line of Farrington
Drive, aforesaid, 504. 11 feet to an intersection with the center
line of Illinois Route 83 as per the plat thereof recorded
November 5, 1931 as Document Number 374979; thence Southeasterly
along the center line of said Illinois Route 83 to an intersection
with the center line of Buffalo Grove Road as per the plat thereof
recorded April 9, 1942 as Document Number 511635; thence Southerly
along the center line of said Buffalo Grove Road to an intersection
with the South line of the Southwest 1/4 of said Section 33; thence
South 89 degrees 40 minutes 20 seconds West along the South line
of the Southwest 1/4 of said Section 33, 143.0 feet to the place
of beginning, excepting therefrom that part thereof described as
follows : Commencing at the intersection of the center lines of
the aforesaid Route 83 and Buffalo Grove Road; thence Southerly
along the center line of said Buffalo Grove Road a distance of
72.0 feet; thence Westerly along a line forming an angle of 27
degrees 30 minutes to the right with a prolongation of the last
described line a distance of 222.57 feet; thence Northerly along
a line forming an angle of 90 degrees to the right with a pro-
longation of the last described line a distance of 119. 10 feet;
thence Northeasterly along a line to a point in the center line
of cn;A 0n11ta R2 coin nn;nt ha;nn 10 hr, faat Hr%rthuwactarly
SECTION 2: That the aforesaid property shall be developed as a
planned unit development substantially in accord with the preliminary plan
w
of development dated " prepared by t . .
heretofore submitted and approved by the Plan Commission
and attached to this Ordinance and incorporated herein as Exhibit "A". Other
exhibits made a part of this Ordinance include:
Exhibit "A" Preliminary Plan of Development
Sheets 1 through 171 dated
Exhibit "B" Site Data dated
Exhibit "C" Park District Improvements and Landscape Plan
dated February 23, 1978, revised May 8, 1978.
Exhibit "D" Buffalo Grove Manual of Practice
Exhibit "E" Buffalo Grove Administrative Order #2
Exhibit "F" Supplemental Materials required in Section 5.5.b.
SECTION 3: (a) That the Comprehensive Zoning Ordinance of the Village
of Buffalo Grove be and it is hereby amended by reclassifying the subject
property from itie B-3 District to R-9 Planned Unit Development District and
the corresponding changes in designation on the zoning district map are hereby
made.
(b) That the R-9 zoning classification as set forth in the Village
of Buffalo Grove Zoning Ordinance shall be generally applicable to the
subject property, subject to the specific terms and conditions of the planned
unit development contained herein.
SECTION 4: That the following uses shall be permitted in the
planned development with the following limitations:
(a) That the planned unit development shall consist of 102 single
family units and 22 townhouse units.
(b) That the gross density of the development shall be not
more than 4.00 units to the acre.
(c) Minimum lot size shall be 6,000 square feet; minimum lot width
the other yard facing a street shall be not less than 15
feet and rear yards shall average 30 feet where the rear lot
line is not parallel with the front lot line. A zero lot
line is permitted provided there is a minimum of fifteen feet
between structures; however, in no instance shall the minimum
distance between two structures be less than 15 feet.
(d) That the balance of the plan of development shall conform
with the Site Data submitted and approved as part of the
application for planned unit development and revised as of
November 1 , 1977 attached to and made part of Exhibit "A"
and all other exhibits made a part of this development.
SECTION 5: Common Park Areas . The developer agrees to decicate
to the Village (or to the Park District as may be determined) those areas
dedicated on the preliminary plan of development as common areas, such areas
to be used and maintained for the public as recreational land and for storm
water management purposes. The developer shall install bicycle paths along
said common areas, which paths shall be interconnected and shall meet the
Village of Buffalo Grove standards for bicycle paths a minimum of 20 ' shall
be provided between lots for bike paths. A footbridge approved by the Village
built by developer shall conntect the common area dedicated as Parcel A with
the Willow Stream Park. Deed restrictions shall be imposed to prohibit the
erection of fences along lot lines adjacent to common areas and shall be filed
with the final development plan.
Attached hereto and made a part hereof is a landscape plan dated
February 23, 1978. The developer agrees that the development of the open
spaces shall be in conformance with the aforesaid landscape plan, including
installation of equipment, apparatus, and lighting subject to the Appearance
Control Commission approval .
The developer agrees to dedicate the common park areas using the forms
dedicated lands shall be fine graded in a finished condition including seeding,
hydroseeding or sodding, and landscaping all as set forth in Ordinance #77-72.
SECTION 6: With reference to the area designated for townhouses ,
the developer shall prepare, file and record a planting easement at the rear
lot lines, which planting easement will allow for the planting of honey-
suckle or other similar plants with one bush every four feet, which plants
will serve as a privacy screen for the development. Said planting easement
shall be maintained by property owners and is subject to Village approval .
SECTION 7: Development shall otherwise be constructed in conformance
with all applicable Village of Buffalo Grove Building Codes and Ordinances.
The Village shall issue out all building permits required to be issued for
construction of the development and all occupancy permits, so long as the
structures to be constructed are in substantial conformance with the terms
and conditions of this planned unit development and in accordance with
applicable building code ordinances. Building permit and occupancy permit
fees shall be in accordance with fee schedules presently in effect in the
Village at time of permit issuance. The terms and conditions of this
ordinance shall prevail to the extent that there is an.y conflict between the
terms of this ordinance and any other ordinance of the Village. Substantial
compliance is deemed to be satisfied by reference to Section 5. 8 (b) of the
Village of Buffalo Grove Zoning Ordinance which provides in applicable part :
"A development plan submitted for final approval shall
be deemed to be in substantial compliance with the preliminary
plan, as approved, provided any modification by the developer
of the preliminary plan, as approved, does not ; (a) involve
a reduction of the area set aside for common open space; nor
(b) increase by more than two per cent the floor area proposed
for nonresidential use; nor (c) increase by more than two per cent
the total ground area covered by buildings .''
In this regard the number of units to be constructed may be modified within
the framework of the preliminary plan as long as that number of units does
not increase by more than 2 per cent the total percentage of area to be
covered by buildings as set forth in the Site Data attached to the Preliminary
access shall be acted upon by the Village Board as recommended by the Plan
Commission at time of final development approval .
SECTION 8: The Village acknowledges that the developer may apply
for building permits to construct model units on the planned unit development
prior to sewage disposal and water facilities being available to serve such
structures , provided that no occupancy permit for any such structure shall
be requested by the developer or issued by the Village until water and sewer
utilities are connected thereto.
SECTION 9 : Farrington Drive shall be extended from Route 83 to its
existing terminus. The developer shall design and construct the road and
bear one-half of the cost of construction. Developer shall pay for full
improvement to the road in conjunction with the first phase of construction
subject to the repayment provisions noted below. The Village shall enter
into a recapture agreement for one-half the cost of the road and hereby
agrees to pay to the developer within five years from the date hereof one-
half of the cost of constructing said road if the same is not paid to the
developer prior to that time through recapture. The developer shall bear
the cost of engineering drawings for the road. The developer shall proceed
and act in reliance on the aforesaid agreement and representation of the
Village.
The Village agrees to enter into and provide the developer with a
recapture agreement covering the cost of oversize water mains built by the
developer leading from Buffalo Grove Road to the subject property. Recapture
benefit to be determined by the Village.
SECTI`►N 10 : The developer agrees to follow the "Manual of Practice"
of the Village and also agrees to comply with administrative order No. 2.
The developer shall fully comply with any reasonable request of the Village
Engineer related to the placement of houses on lots to preserve drainage
standards.
C r PT 1AAI 11 . T4.- J...._1 ..-_....... .-L.-11 4... .......-L -�..J .......� ...........F...J
be extended if the developer can show cause why such time limit cannot be
met. Such extension may or may not be granted at the Village's sole descretion.
It is presently anticipated by the developer that the development will be
completed well before the end of the foregoing time period.
SECTION 12 : Except for the planned unit development provided herein,
and except as has otherwise been provided, all other parts of the Zoning
Ordinance of the Village of Buffalo Grove and all other ordinances of the
Village as amended from time to time including Ordinance #77-72, shall be in
full force and effect as to the use and operation of the subject property.
SECTION 13: This Ordinance will be binding upon the parties hereto,
their respective successors and assigns; provided however that in the event
developer's obligations hereunder are assumed in writing (and a copy of which
assumption is delivered to the Village) by a successor to the developer's
interest in the property, the Village agrees to solely look to developer's
successor for the performance of developer's obligation hereunder.
SECTION 14: This Ordinance shall be in full force and effect from
and after its passage, approval and publication in pamphlet form as required
by law.
AYES : 4 - Bogart, Marienthal , Keister, Mendenhall
NAYES : 1 - Rech
ABSENT: 1 - Stone
PASSED: Ap-il 3 1978.
APPROVED: April 3 1978.
u•
Village President
ATTEST: ,-
V's lage Clerk