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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 1 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 3 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 4 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 6 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 9 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 10 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 11 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