1993-007 1/18/93
CONCORD PLACE RESIDENTIAL
(The Crossings site, Arlington Heights Road/Fremont Way)
PLANNED UNIT DEVELOPMENT ORDINANCE
Table of Contents
1 . Applicable Law. 2
2. Enactment of Zonin Ordinance. 2
3. Approval of Plats. 3
4. Compliance with Applicable Ordinances. 3
5. Amendment of Plan 3
6. Buildin . Permit and Engineering Consultant Fees. 4
7. Water Provision. 4
8. Storm and Sanitary Sewer Provisions. 5
9. Drainage Provisions. 6
10. Security for Public and Private Site Improvements. 6
11 . Exhibits. 7
12. Building, Landscaping and Aesthetics Plans. 7
13. Declaration of Covenants, Conditions
and Restrictions. 8
14. Park District Donations. 8
15. School District Donations. 9
16. Facilitation of Development. 9
17. Enforceability of the Ordinance. 10
18. Binding Effect of Ordinance. 10
19. Corporate Capacities. 10
20. Notices. 10
21 . Effect. 11
1/18/93
ORDINANCE NO. 93- 7
CONCORD PLACE RESIDENTIAL
(The Crossings site, Arlington Heights Road/Fremont Way)
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, Concord Development Corporation (hereinafter referred to as
the "Developer") is the developer of a certain tract of property comprising
approximately 12.66 acres legally described in EXHIBIT A attached hereto
(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 B-3 Planned Business Center
District pursuant to Ordinance 88-46 approved on April 4, 1988; and,
WHEREAS, the Village has received a petition from the Developer, as
the contract purchaser of the Property, requesting rezoning to the R-9
Multiple Family Dwelling District, approval of a Residential Planned Unit
Development and approval of a Preliminary Plan; and,
WHEREAS, the Developer proposes to construct 91 dwelling units on the
Property pursuant to a Preliminary Plan dated January 6, 1993 attached
hereto and made a part hereof as EXHIBIT B, and a Preliminary Engineering
Plan dated January 6, 1993 attached hereto and made a part hereof as
EXHIBIT C, (EXHIBITS B and 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 in the manner
provided by law, the Plan Commission of the Village has held a public
hearing and made its recommendations pursuant to Chapter 17.28 and Section
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17.40.050 of the Zoning Ordinance with respect to the requested Preliminary
Plan and Residential Planned Unit Development in the R-9 District; and,
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 hereafter referred to as the "Corporate Authorities") do hereby
find that the evidence presented meets the requirements for a Preliminary
Plan and a Residential Planned Unit Development.
NOW, THEREFORE, be it ordained by the President and Board of
Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois:
1 . Applicable Law. 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 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 Residential
Planned Unit Development in the R-9 District for the Property legally
described in EXHIBIT A, 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 the Preliminary Plan attached hereto as
EXHIBIT B and the Preliminary Engineering Plan attached hereto as EXHIBIT
C.
2
3. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Plan (EXHIBITS B and C) pursuant to the provisions of the
Village's 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 the Property as
submitted by the Developer provided that the plat or plats shall:
(a) conform to the Preliminary 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 G)
as amended from time to time.
Developer shall proivde public access easements for public sidewalks
and bikepaths in the common areas.
4. Compliance 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 discriminatorily 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 or
require a change in the development of the Property pursuant to the
Preliminary Plan.
5. Amendment of Plan. If the Developer desires to make changes to
the Preliminary Plan, as herein approved, such changes will require, if the
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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 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 or 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 onto the Village water system at points recommended by the Village
Engineer as shown on EXHIBIT C. It is understood, however, 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
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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 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.
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 governmental 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 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. It is
understood, however, 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 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.
5
B. The Developer shall also construct on the Property any storm
sewers which may be necessary to service the Property, as per EXHIBIT C.
It is understood, however, 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 serves public streets, or multiple
properties, and the Developer agrees to operate and maintain that portion of
the storm sewer system located on the subject 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 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. Security for Public and Private Site Improvements. Security for
public and private site improvements shall be provided in accordance with
the Development Ordinance, and the Development Improvement Agreement
(EXHIBIT G) as amended from time to time. Any letter or 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. If the Developer fails
to complete all improvements secured by the letter of credit, the Village shall
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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.
11 . Exhibits. The following EXHIBITS, some of which were presented
in testimony given by the Developer or the witnesses during the hearings
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 by the parties hereto.
EXHIBIT A Legal Description
EXHIBIT B Preliminary Plan dated January 6, 1993 by JEN
Land Design, Inc.
EXHIBIT C Preliminary Engineering Plan dated January 6, 1993
by Cowhey Gudmundson Leder, Ltd.
EXHIBIT D Preliminary Landscape Plan dated November 30, 1992
by Pugsley and LaHaie, Ltd.
EXHIBIT E Typical Foundation Landscape Plan dated November
30, 1992 by Pugsley and LaHaie, Ltd.
EXHIBIT F Building elevations, floor plans and typical side and
rear appearance.
EXHIBIT G Development Improvement Agreement.
12. Building, LanclscapingQ 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 and graded and seeded all as determined by
the Village Manager. Any identification signage for the development is
subject to review and approval by the Appearance Commission
7
13. Declaration of Covenants, Conditions and Restrictions. The
Property shall be subject to a declaration of covenants, conditions 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 Developer, association and/or owners
of the units of the Property as defined and provided within the Declaration,
and further shall have the right, upon thirty (30) days prior written notice
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 the
Developer, association or other owners of the Property. The Village shall
also have the right to charge or place a lien upon the Property for
repayment of such costs and expense, including reasonable attorneys' fees in
enforcing such obligations.
The Declaration shall include, but not by way of limitation, covenants
and obligations to own and maintain the stormwater pond and drainage
system depicted on EXHIBIT C. The Declaration shall also include the
obligation that the association shall provide snow removal for private
driveways, parking spaces, including spaces in public right-of-way, and
public sidewalks and shall store excess snow in appropriate off-street
locations, and shall not in any way impede the Village's snow removal
operations on public streets. The Association shall be responsible for
maintaining, including snow removal, the north cul-de-sac. If required by
the Village, the island area of the south cul-de-sac shall be dedicated to the
Village.
The Declaration shall be submitted to the Village for review and
approval, and shall further provide that the provisions relative to the
foregoing requirements may not be amended without the prior approval of the
Village.
8
14. Park District Donations. The Developer agrees to comply with the
provisions of Title 19 of the Buffalo Grove Municipal Code as amended from
time to time regarding park donations. Developer agrees to make cash
contributions to the Village for conveyance to the Park District to fulfill the
obligation of the Property concerning park donations. It is understood and
agreed that the per acre land value used to compute said cash contributions
may be increased from time to time, and cash contributions made at the time
of building permit issuance shall be based on the land value in effect at the
time of permit issuance.
15. School District Donations. The Developer agrees to comply with
the provisions of Title 19 of the Buffalo Grove Municipal Code as amended
from time to time regarding school donations. Developer agrees to make cash
contributions to the Village for conveyance to School Districts No. 96 and
No. 125 according to the criteria of said Title. It is understood and agreed
that the per acre land value used to compute said cash contributions may be
increased from time to time, and cash contributions made at the time of
building permit issuance shall be based on the land value in effect at the
time of permit issuance.
16. Facilitation of Development. Time if of the essence of this
Ordinance, and all parties shall make reasonable and good faith efforts 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 is in the best interests of all the parties and requires their
continued cooperation. The Developer does hereby evidence its intention to
fully comply with all Village requirements, its willingness to discuss any
matters of mutual interest that may arise, and its willingness to assist the
Village to the fullest extent possible. The Village does hereby evidence its
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intent to always cooperate in the resolution of mutual problems and its
willingness to facilitate the development of the Property, as contemplated by
the provision of this Ordinance.
17. Enforceability of the Ordinance. This Ordinance shall be
enforceable in any 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.
18. Binding Effect of Ordinance. This Ordinance shall be binding
upon the Property, the Developer, and its 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 received on
the fifth business day following deposit in the U .S. Mail.
If to Developer: Concord Development Corporation
1540 E. Dundee Road, Suite 350
Palatine, IL 60067
Copy to: Lawrence Freedman, Esq.
Ash, Anos, Freedman and Logan
77 W. Washington Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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Copy to: William G. Raysa, Esq.
Raysa and Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
21 . Effect. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES: 5 - Reid2 Kahn2 Rubin, Braiman, Hendricks
NAYES: 0 - None
ABSENT: 1 - Marienthal
PASSED: January 18 1993
APPROVED: Januar 18 1993
APPROV D3
SIDNE MAT HI S, Village President
ATTEST: ,
Villa Clerk
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EXHIBIT A
LEGAL DESCRIPTION
s
CONCORD PLACE
(Arlington Heights Road/Fremont Way)
t
Parcel One: That part of the. Northeast 1/4 of the Southeast L4 of Section
30, Township 43 North, Range 11_East of the 3rd Principal .
Meridian bounded by a line described as follows; Commencing at
a point on the East line of the'Southeast 1/4 of said Section
30 which is 338.24 feet South of the intersection of the East
line of said quarter section with the center line of Illinois
Route N . 83; thence West at right angles to the East line of
said Southeast 1/4, 520.0 feet to a point of curve; thence
• West and South along a curved line convex to the North and
having a radius of 395.0 feet, a distance of 286.10 feet, arc
measure; thence Southeasterly along a radial line of the last ,
described curved line, 108.64 feet to a point of curve; thence
South and East along a curved line convex to the East and
having a radius of 955.0 feet, a distance of 313.16 feet, arc
measure, to the South line- of the Northeast 1/4 of the
Southeast 1/4 of said Section 30; thence East along the South
- line of said quarter quarter section, 544.06 feet to the East
line of the Southeast 1/4 of said Section 30; thence North -
along the East line of the Southeast 1/4 of said Section 309
. 442.21 feet to the place of beginning, Lake County, Illinois.
Parcel Two: The part of the Southeast 1/4 of the Southeast 1/4 of. Section
30, Township 43 North, Range 11 East of the 3rd Principal
Meridian bounded by a line described as follows; Beginning at
the Northeast corner of said quarter quarter section; thence
West along the North line thereof, 544.06 feet; thence South
and East along a curved line, convex to the East and having a
radius of 055.0 feet, a distance of 378.56 feet, arc measure,
to a point of tangent; thence South on a fine parallel with
the East line of the Southeast 1/4 of said Section 30, 264.65
feet to a point of curve; thence South and West along a curved
line, convex to the East and having a radius of 330.0 feet, a
distance of 87.44 feet, arc measure; thence East and South
along a curved line, convex to the South.and having a radius
of 533.0 feet, a distance of 195.90 feet, arc measure, to a
point of tangent; thence East along a line drawn at right
angles to the East line of the Southeast 114 of said Section
307 290.0 feet to the East line of said quarter section;
thence North along the East line to the Southeast- 1/4 of the
Southeast 1/4 of said Section 30, 757.79 feet to the place of
beginning, Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 12.6 acres
located on the west side of Arlington Heights Road south of Fremont Way and
north of Heritage Place.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. 0�:
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF FALO GRO
THIS DAY OF
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffalo Grove, Cook & L e Counties, Illinois,
this day of 19 .
Village C1 rk
By
eputy Village Clerk