1993-017 3/15/93
ORDINANCE NO. 93- 17
AMENDMENT TO THE MANCHESTER GREENS RESIDENTIAL
PLANNED UNIT DEVELOPMENT (P.U.D. )
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, Scarsdale Development, Ltd. (hereinafter referred to as the
"Developer") is the developer of a certain tract of property comprising
approximately 14.97 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, the Property (except for Parcel 1 and Parcel 1-2 as
described in EXHIBIT A hereto) was approved as a Residential Planned Unit
Development (P.U.D.) by Ordinance 88-82 dated September 6, 1988; and,
WHEREAS, said P.U.D. approved by Ordinance 88-82 proposed 180
condominium dwelling units in five three-story buildings and 20 townhouse
dwelling units in six (6) buildings; and,
WHEREAS, Phase 1 (as described in EXHIBIT A hereto) of said P.U.D.
has been constructed and consists of one three-story building with 36
condominium units and one townhouse building with three units; and,
WHEREAS, the Developer has petitioned the Village to amend Ordinance
88-82 to allow a re-plan known as Phase 2 for the undeveloped portion of the
Property; and,
WHEREAS, said amendment includes the addition of Parcel 1 and Parcel
1-2 (as described in EXHIBIT A hereto) to the Property, and the petition
requests rezoning from the R-4A District to the R-9 District for said
Parcels; and,
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WHEREAS said amendment proposes one three-story building with 39
condominium units and 58 single-family detached villa dwelling units pursuant
to a Preliminary Plan dated March 2, 1993 attached hereto as EXHIBIT B,
and a Preliminary Engineering Plan dated March 2, 1993 attached hereto as
EXHIBIT C, 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
17.40.050 of the Zoning Ordinance with respect to the requested Preliminary
Plan, Planned Unit Development and ordinance variations 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, a Planned Unit Development and the requested variations; and,
NOW, THEREFORE, be it ordained by the President and Board of Trustees of 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 and the Village's Home Rule
powers. The preceding whereas clauses are hereby made a part of this
Ordinance.
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2. Approval of Amendment. The Corporate Authorities hereby adopt
a proper, valid and binding ordinance approving an amendment to the
Planned Unit Development for the Property legally described in EXHIBIT A,
including rezoning from the R-4A District to the R-9 District for Parcel 1
and Parcel 1-2, subject to the restrictions further contained herein and all
applicable ordinances of the Village of Buffalo Grove as amended from time to
time. Said amendment shall be further conditioned on the development of the
Property in accordance with the Preliminary Plan (EXHIBIT B) , the
Preliminary Engineering Plan (EXHIBIT C) and EXHIBIT D attached hereto.
3. Compliance with Applicable Ordinances. Development of the
Property/ shall comply with the provisions of Ordinance 88-82, except as
amended herein.
4. 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 B Preliminary Plan dated March 2, 1993 by SUG
Architects, Planners.
EXHIBIT C Preliminary Engineering Plan dated March 2, 1993
by R.E. Vane, P.E.
EXHIBIT D Manchester Greens - Phase 2 Proposed Booklet
dated November 12, 1992 including site data table
dated March 3, 1993, villa homes streetscape
elevation, villa floor plans - Concepts A, B, C, D
and E, and condominium building floor plans by
SDG Architects, Planners.
5. Notices. Any notice required pursuant to the provisions of this
Ordinance shall be in writing and be sent by certified mail to the following
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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: Frank Morelli
Scarsdale Development, Ltd.
40 Skokie Boulevard, #615
Northbrook, IL 60062
Copy to: Christine A. Zyzda, Esq.
Marks, Marks and Kaplan
120 North LaSalle Street, Suite 3200
Chicago, IL 60602-2401
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa and Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
6. Special Conditions.
A. The following variations to the Village's Development Ordinance
are hereby granted as depicted on EXHIBIT C:
1 . Section 16.30.030.F - to allow a sidewalk on one side of
a private street and cul-de-sac instead of both sides;
2. Section 16.50.050.D.7 - to allow a minimum depth of four
(4) feet instead of six (6) feet for a sanitary sewer.
B. The following variations to the Village's Zoning Ordinance are
hereby granted as depicted on EXHIBIT B:
1 . Section 17.28.050.E.4.b - to allow a minimum setback of
26 feet instead of 35 feet from the east boundary of the
P.U.D. ,
2. Section 17.28.050.E.4.e. (iii) - to allow a minimum
side-to-rear or side-to-front building separation of 30
feet instead of 40 feet;
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3. Section 17.28.050.E.4.e. (vi) - to allow a minimum
side-to-side building separation for villa unit walls with
no windows of 10 feet instead of 15 feet;
4. Section 17.36.030.F.4 - to allow a driveway width of 20
feet instead of 24 feet for the two-way driveways of the
condominium building;
5. Section 17.40.050.0 - to allow a minimum building
setback of 21 feet instead of 25 feet from a private
street for villa units in yards where driveways are
located, and to allow a building setback of less than 25
feet from a private street for buildings as depicted on
EXHIBIT B.
C. Phase 1 of the Property is subject to a condominium
declaration and a townhome declaration pursuant to the requirements set
forth in Paragraph 14 of Ordinance 88-82. Developer shall submit
'declarations for Phase 2 of the development, and said declarations are
subject to approval by the Village. The declaration for the Phase 2 villa
units shall provide that owners of villa units, who elect to use the facilities,
shall pay an equitable share of the costs of maintaining and operating the
swimming pool and clubhouse on the Property.
D. Developer shall provide an ingress-egress easement at the
request of the Village to provide access from Manchester Court to the .�_.
property east of the Manchester Greens development. Said easement is
subject to approval by the Village.
E. Outdoor decks for the villa units shall be limited to one of
the following three sizes, with a maximum projection of ten feet from the
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exterior wall of the respective dwelling units: 1 ) 10 feet by 10 feet; 2) 10
feet by 12 feet; 3) 10 feet by 15 feet.
F. Developer shall disclose, prior to purchase, to all purchasers
of dwelling units on the Property, plans for future improvements to Village
facilities, including a building addition to the Police Station, an enclosed
storage structure for golf carts at the Buffalo Grove Golf Course and the
construction of a green vinyl-clad chain-link fence six (6) feet in height
along the east property line of the Buffalo Grove Golf Course adjoining the
Property.
G. It is understood and agreed that the Planned Unit
Development is intended to be aesthetically attractive, including a
coordinated landscaping program and an open walkway system on the
Property. No fences shall be permitted on the Phase 2 villa portion of the
Property except fences on the patios and decks of villa units.
7. Effect. This Ordinance shall be in full force and effect from and
after its passage and approval. This Ordinance shall not be codified.
AYES:- 6 - Marienthal Reid Kahn Rubin Braiman Hendricks
NAYES: 0 - None
ABSENT: 0 - None
PASSED: March 15 1993
APPROVED: March 15 1993
APPR V
SIDNEY MATHIAS, Village President
ATTEST:
Villag Jerk
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EXHIBIT A
MANCHESTER GREENS PLANNED UNIT DEVELOPMENT
ORDINANCE AMENDMENT
Phase 1 (existing development) :
Manchester Greens - Phase 1 , a subdivision of part of the Southeast
quarter of Section 32, Township 43 North, Range 11 East of the Third
Principal Meridian, in Lake County, Illinois.
Phase 2
Parcel 1 : Lot 1 in Weidner's resubdivision of part of Lot 2 in Weidner's
subdivision of part of the Southwest 1 /4 of Section 33 , Township 43
North, Range 11 East of the 3rd Principal Meridian in Lake County,
Illinois.
Parcel 1-2: Lot 2 in Weidner's resubdivision of part of Lot 2 in
Weidner's subdivision of part of the Southwest 1 /4 of Section 33,
Township 43 North, Range 11 East of the 3rd Principal Meridian, in
Lake County, Illinois.
Parcel 3: That part of the Southeast 1 /4 of Section 32, Township 43
North, Range 11 , East of the Third Principal Meridian, described as
follows: Beginning at the point of intersection of the East line of the
Southeast 1 /4 of said Section 32 with the center line of Checker Road;
thence North 77 degrees 03 minutes 17 seconds West, along said center
line, a distance of 490.00 feet; thence South 12 degrees 56 minutes 43
seconds West, a distance of 455.00 feet; thence South 02 degrees 56
minutes 43 seconds West, a distance of 315.00 feet; thence South 04
degrees 15 minutes 45 seconds East, a distance of 238.55 feet; thence
South 34 degrees 20 minutes 09 seconds East, a distance of 230.00 feet;
thence North 55 degrees 39 minutes 51 seconds East, a distance of
310.00 feet; thence South 34 degrees 20 minutes 09 seconds East, a
distance of 200.00 feet to the Northwesterly line of Church Road as
monumented; thence North 55 degrees 39 minutes 51 seconds East, along
the Northwesterly line of Church Road, as monumented, a distance of
98.08 feet (98.07 feet, deed) to a point on the East line of the
Southeast 1 /4 of said Section 32, which is 288.37 feet (deed) North of
the Southeast corner of the Southeast 1 /4 of said Section 32; thence
North 00 degrees 05 minutes 22 seconds West, along the Est line of said
Southeast 1 /4, a distance of 1011 .04 feet to the point of beginning
(excepting therefrom that part falling within Manchester Greens - Phase
1 , according to the plat thereof recorded December 8, 1989 as Document
2858473) , in Lake County, Illinois.
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C