1987-053 8/3/87
ORDINANCE NO. 87- 53
THE VILLAS OF OAK CREEK (OAK CREEK III)
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, Edward Schwartz and Company (hereinafter referred to as the
"Developer") is the contract purchaser of a certain tract of property
comprising 7.22 acres legally described and identified in the Plat of Survey,
which is attached hereto as EXHIBIT A, 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, said Property was zoned in the Village of Buffalo Grove by
Ordinance No. 71-05 dated March 15, 1971 in the R-9 District with a special
use for a Planned Unit Development; and,
WHEREAS, the Village has received a petition for Preliminary Plan
approval and amendment of the Planned Unit Development for the Property; and,
WHEREAS, the Developer proposes to construct 56 townhomes/flats on the
Property pursuant to a Preliminary Plan dated July 9, 1987 (revised) attached
hereto as EXHIBIT B, a Concept Landscape Plan dated July 9, 1987 attached
hereto as EXHIBIT C, a Building Appearance/Floor Plans drawing (no date)
attached hereto as EXHIBIT D, and a Preliminary Engineering Plan dated
April 9, 1987 (revised) attached hereto as EXHIBIT E (EXHIBITS B, C, D, and E
are hereinafter referred to as the "Preliminary Development Plan") , and
subject to all other exhibits attached hereto or incorporated by reference
herein; and,
WHEREAS, pursuant to due notice and advertisement, the Plan Commission
of the Village has held a public hearing and made their recommendations
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pursuant to Chapter 17.28 of the Zoning Ordinance with respect to the
requested Preliminary Plan in the R-9 District with a special use for a
Residential Planned Unit Development; 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
hereinafter referred to as the "Corporate Authorities") do hereby find that
the evidence presented meets the requirements for a special use for a planned
unit development and for variations to the Village's Development Ordinance.
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 the Village's Zoning Ordinance and the Village's Home Rule
powers. The preceding whereas clauses are hereby made a part of this
Ordinance.
2. Enactment of ZoninE Ordinance. The Corporate Authorities hereby
adopt a proper, valid and binding ordinance approving a Residential Planned
Unit Development for the Property legally described on EXHIBIT A with a
special use for a Residential Planned Unit Development in the R-9 Multiple
Family Dwelling 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 Property in accordance with a Preliminary Plan (EXHIBIT B) dated July 9,
1987 (revised) and the Preliminary Engineering Plan (EXHIBIT E) dated
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April 9, 1987. This Ordinance amends that portion of Ordinance No. 71-05
regarding the subject Property.
3. Approval of Plats. The Corporate Authorities hereby approve a
Preliminary Development Plan (EXHIBITS B, C, D, & E) pursuant to the
provisions of the 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 Property as
submitted by the Developer provided that the plat or plats shall:
(a) conform to the Preliminary Development Plan (EXHIBITS B, C, D, &
E) ; 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 F) as
amended from time to time.
4. Com liance 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 the
development of the Property pursuant to the Preliminary Development Plan.
5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Development Plan, as herein approved, such changes in the
Preliminary Development Plan will require, if the Village so determines, the
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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 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 and 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 on to the Village water system at points recommended by the Village
Engineer which points to the extent shown on EXHIBIT E are hereby approved by
the Village, however, it is understood that changes to the Preliminary
Engineering Plan may be required at the time of Final Engineering. The
Developer further will 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 will accept any increase in water rates and tap
on fees provided such rates and fees apply consistently to all other similar
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users in the Village to the extent possible. Following such tap on, the
Village will 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 part of the Village water
system maintained by the Village.
8. Storm and Sanitary Sewer Provisions.
A. The Corporate Authorities shall cooperate with the Developer and
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 Metropolitan Sanitary
District 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 E, 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 will operate and maintain such systems, except for sanitary sewer
service connections. The Developer accepts 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.
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
E, however, it is understood that changes to the Preliminary Engineering Plan
may be required at the time of Final Engineering. It is understood that all
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drainage facilities for this project will be installed on the subject
Property. Detention shall be provided by use of an existing detention pond
on the Property, as shown in EXHIBIT E. Upon installation and acceptance by
the Village through formal acceptance action by the Corporate Authorities,
the Corporate Authorities will operate and maintain that portion of the storm
sewer system which serves public streets, or multiple properties. The
Developer or successors will operate and maintain the balance of the system
and the storm sewer system located on the subject Property and shall record a
covenant to that effect within thirty (30) days of the recording of the Plat.
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. Developer Recapture of Utility Costs. Not applicable
11 . PaxTent of Recapture Fees Owed. Any amount of recapture required
to be paid by this Property by Village Ordinance, shall be due and payable
upon final platting of this development.
12. SecuritZ 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
F) 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
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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.
13. 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 be reference herein,
made a part hereof and designed 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 Plat of Survey/Legal Description
EXHIBIT B Preliminary Site Plan
EXHIBIT C Concept Landscape Plan
EXHIBIT D Building Appearance/Floor Plans
EXHIBIT E Preliminary Engineering Plan
EXHIBIT F Development Improvement Agreement
14. Building, Landscaping and Aesthetics Plans. Developer will submit
building and landscaping plans(which landscaping plans shall conform to the
requirement 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 as determined by the Village Manager.
15. 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 association and/or the owners of the
units as defined and provided within the Declaration, and further shall have
the right, upon thirty (30) days prior written notice (except in case of
emergency) specifying the nature of a default, to enter upon the Property and
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cure such default, or cause the same to be cured at the cost and expense of
the association or the owners. The Village shall also have the right to
charge or place a lien upon the Property 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 prior approval of the Village.
16. Facilitation of Develo ment. 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 willingness to discuss any matters
of mutual interest that may arise, and his willingness 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.
17. Enforceability 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.
18. Binding Effect of Ordinance. This Ordinance shall be binding upon
the Property, the Developer, and its respective successors and assigns.
19. Corporate Capacities
.p The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate
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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 deemed
received on the fifth business day following deposit in the U.S. Mail.
If to Developer: Edward Schwartz
1110 Lake-Cook Road, #270
Buffalo Grove, Il 60089
Copy to: Larry Freedman
Ash, Anos, Freedman & Logan
77 W. Washington Street
Chicago, IL 60602
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa
Bloche, French & Raysa
1140 Lake Street
Suite 400
Oak Park, IL 60301
21. Special Conditions.
A. The following variations are hereby granted from the Buffalo
Grove Development Ordinance:
Section 16.50.070.D2 - To allow a 27-foot public street
right-of-way as depicted on EXHIBIT B.
Section 16.50.080.A1 - To waive the sidewalk requirement, with
sidewalks to be constructed in accordance with EXHIBIT B.
B. Additional landscaping shall be provided on the south part of
the site's eastern boundary and the southern boundary as required by the
Appearance Commission.
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C. Additional parking spaces shall be provided in the "land bank"
area if it is determined to be necessary by the Village, prior to release of
development bond and completion of last dwelling unit. Such determination of
parking needs shall be at the sole discretion of the Village.
D. Developer's share of the cost of maintaining the pond shall be
provided. Prior to the approval of the Final Plat of Subdivision for the
subject Property, the Village shall receive and approve from the Developer a
pond maintenance plan.
E. Covenants pursuant to Section 15 of this Ordinance for the
development shall be approved by the Village at the time of the approval of
the Final Plat of Subdivision.
F. Buildings shall be constructed in conformance with the floor
plans, sizes, appearance, and materials depicted on EXHIBIT D, and as
approved by the Appearance Commission.
G. Construction Disruption. The Developer shall adopt the proper
construction practices to insure the disruption to adjoining neighborhoods is
kept to a minimum during construction. This includes adherence to
recommendations of the Village Engineer and Building Commissioner to noise,
traffic, dust control, and access to the site.
H. The island within the western cul-de-sac street shall be part
of the public right-of-way; the island within the eastern cul-de-sac street
shall be private property, with an easement on the approved final plat to
allow the storage of snow by the Village.
22. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
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AYES: 5 - Marienthal, Glover, Reid, Kowalski, Shifrin
NAYES• 0 - None
ABSENT: 1 - Shields
g .
PASSED: Au ust 3 1987 APPROVED: August 3 1987
ATTEST: APPROVED:
J f
Village Clerk Pro Tem VER A L. CLAYTON, Village resident
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VILLAS OF OAK CREEK (OAK CREEK III/
PLANNED UNIT DEVELOPMENT ORDINANCE
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8/3/87
VILLAS OF OAK CREEK (OAK CREEK III)
PLANNED UNIT DEVELOPMENT ORDINANCE
Table of Contents
1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2
2. Enactment of Zoning 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. Developer Recapture of Utility Costs. . . . . . . . . . . . . . . . . . . . . . . . . .6
11. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6
12. Security for Public and Private Site Improvements. . . . . . . . . . . . .6
13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .7
14. Buildin , Landscaping and Aesthetics Plans. . . . . . . .. . . . . . . . . . . .7
15. Declaration of Covenants, Conditions, and Restrictions. . . . . . ..7
16. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
17. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
18. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8
19. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..8
20. Notices. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
21. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9