1996-031 4/12/96
ORDINANCE 96 -
SHIRES CONDOMINIUMS (WATERFIELD PLACE)
Northwest corner Dundee Road/Weidner Road
Planned Unit Development Ordinance
in the R-9 District
WITNESSETH:
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, Shires Construction Company (hereinafter referred to as the
"Developer" is the developer of a certain tract of property (hereinafter referred to as the
"Property") comprising 6.98 acres legally described and identified in the Legal Description,
which is attached hereto as EXHIBIT A, which exhibit is made a part hereof 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 the Buffalo Grove Zoning Ordinance and an Annexation Agreement dated
June 2, 1980 approved by Ordinance 80-28 which approved an office development of
229,200 square feet in two 4-story buildings over parking for the Property; and,
WHEREAS, the Village reviewed a petition in 1993 for rezoning of the Property for
an automobile dealership, and said petition was not approved; and,
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WHEREAS, the Village has been involved in litigation concerning said automobile
dealership, and the Village desires to terminate said litigation and encourage appropriate
development of the Property compatible and consistent with adjacent existing residential
developments to enhance the community; and,
WHEREAS, the Village has received a petition from the Developer, and Robert V.
Rohrman as Owner of the Property, requesting rezoning of the Property to the R-9
Multiple Family Dwelling District with a Residential Planned Unit Development, approval
of a Preliminary Plan and approval of variations to the Village Zoning Ordinance and
Development Ordinance for said development , and;
WHEREAS, Developer proposes to construct four 4-story buildings with a total of
136 condominium dwelling units on the Property in accordance with and pursuant to a
certain Preliminary Plan prepared by Groundwork, Ltd. and dated as last revised February
27, 1996, and also a Preliminary Engineering Plan prepared by Groundwork, Ltd. and
dated as last revised February 27, 1996, (hereinafter jointly referred to as "Preliminary
Plan") a copy of which Preliminary Plan is attached hereto as EXHIBITS D, E and E-1 and
incorporated herein, 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 pursuant to Chapter
17.28 and Section 17.40.050 of the Zoning Ordinance with respect to the requested
zoning in the R-9 District, approval of a Residential Planned Unit Development and
variations of the Zoning Ordinance concerning density (dwelling units per acre), building
height and building setbacks, pursuant to the Development Ordinance with respect to
approval of the Preliminary Plan and a variation concerning slopes for a stormwater
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detention facility, and pursuant to the Village's Floodplain Regulations concerning a
variation of the standard pertaining to construction adjacent to a Special Flood Hazard
Area; 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 Residential Planned Unit Development and
Preliminary Plan.
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, zoning the Property in the R-9 District with a
Residential Planned Unit Development consisting of four 4-story buildings and not more
than 136 condominium dwelling units 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
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with the Preliminary Plan (EXHIBITS D, E and E-1) and other exhibits attached hereto or
incorporated by reference herein.
3. Approval of Plans. The Corporate Authorities hereby approve the Preliminary
Plan (EXHIBITS D, E and E-1) pursuant to the provisions of the Development Ordinance.
The Corporate Authorities agree to approve a Development Plan (including plats of
subdivision) based on final versions of the plans and drawings of the development of the
Property as submitted by the Developer provided that the Development Plan shall:
(a) conform to the approved Preliminary Plan, 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 approved Development Improvement Agreement (EXHIBIT
C) as amended from time to time.
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
Agreement 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 foregoing, the Village shall not apply new ordinances or regulations
to the Property to the extent that the ordinances or regulations will prevent development
of the Preliminary Plan approved herein.
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5. Amendment of Plan. If the Developer desires to make changes in the
Preliminary Plan, as herein approved, the parties agree that such changes in the
Preliminary Plan will require, if the 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 changes - (a) involves not more than a two percent (2%) reduction of the area set
aside for common open space; nor (b) increases by more than two percent (2%) the total
ground area covered by buildings.
6. m° Building Permit 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 Agreement, the Village
reserves the right to pass along any and all 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 EXHIBITS E and E-1 are hereby approved by the Village. It is
understood, however, that changes to the Preliminary Engineering Plan may be required
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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 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 Metropolitan Water Reclamation District for the collection of
sewage.
The Developer shall construct on-site and off-site sanitary sewers as may be
necessary to service the Property, as per EXHIBITS E and E-1. 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
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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.
B. The Developer shall also construct on the Property in question any
storm sewers which may be necessary to service the Property, as per EXHIBITS E and E-
1. 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, 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.
9.11 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 C) 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 have the right to draw up to the full amount
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of the letter of credit in order to complete, and have formal acceptance of, all improvements
secured by the letter of credit.
11. Right of Way Dedication. At the request of the Village, but no later than
upon approval of the first plat of subdivision of any portion of the Property, Developer
agrees to dedicate such additional right-of-way along Dundee Road as required by the
Illinois Department of Transportation, and as conceptually depicted on the Preliminary Plan
attached hereto.
12. 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 to the parties hereto.
EXHIBIT A Legal Description of the Property
EXHIBIT B Site and Zoning Information Sheet dated February 27, 1996
by Groundwork, Ltd.
EXHIBIT C Development Improvement Agreement
EXHIBIT D Preliminary Plan (Site Plan) dated as last revised February 27,
1996 by Groundwork, Ltd.
EXHIBIT D-1 Plan revision (Building 2 Access Drive) dated April 2, 1996
EXHIBIT E, E-1 Preliminary Engineering Plan (Phase 1, Sheet 1 of 2, and
Phase 2, Sheet 2 of 2) dated as last revised February 27, 1996
by Groundwork, Ltd.
EXHIBIT F Building sections - flat roof section and hip roof section dated
1996 by Groundwork, Ltd.
EXHIBIT G Building elevations - flat roof elevation and hip roof elevation
dated 1996 by Groundwork, Ltd.
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EXHIBIT H Preliminary Building floor plans - typical 8-unit floor plans and
typical 10-unit floor plan dated 1996 by Groundwork, Ltd.
13. Building. Landscaping 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. Lighting and signage shall be
compatible with surrounding areas and are subject to approval by the Appearance
Commission. Phases not under construction or completed shall be maintained in a neat
and orderly fashion and graded and seeded as determined by the Village Manager.
14. Declaration of Covenants. Conditions and Restrictions. The Property shall
be subject to 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 for 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 drainage system depicted on EXHIBITS E and E-1.
The Declaration shall also include the obligation that the association shall provide snow
removal for the Property and public sidewalks and bikepaths and shall store excess snow
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in appropriate off-street locations, and shall not in any way impede the Village's snow
removal operations on public streets.
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.
15. Park District Donations. The Developer agrees to comply with 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 Buffalo Grove Park District to fulfill the obligation of the Property concerning park
donations.
16. 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. 21 and No. 214 according to the criteria of said Title.
17. Conditions Concerning Park and School Donations It is understood and
agreed that rooms in the residential units labeled as dens, lofts, or studies on the floor
plans will be counted as bedrooms for the purposes of calculating park and school
donations, if, in the judgment of the Village, said rooms can be used as bedrooms. 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.
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18. Facilitation of Development. 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 is in the best interests of all the parties and 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.
19. 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.
20. Binding Effect of Ordinance. This Ordinance shall be binding upon the
Property, the parties hereto and their respective grantees, successors and assigns.
21. Corporate Capacities. The parties acknowledge and agree that the
individuals that are members of the group constituting the Corporate Authorities are
entering into this Agreement in their official capacities as members of such group and shall
have no personal liability in their individual capacities.
22. 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
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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: Robert Barrett
Shires Construction Company
170 Chicago
Cary, IL 60013
Copy to: Marc K. Schwartz, Esq.
Marc K. Schwartz and Associates
314 N. McHenry Road, Suite D
Buffalo Grove, IL 60089
If to Village: Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Copy to: William G. Raysa, Esq.
Raysa & Skelton
1140 Lake Street, Suite 400
Oak Park, IL 60301
23. Special Conditions.
A. The following variations to the Village's Zoning Ordinance are
hereby granted pursuant to EXHIBITS B, D, F and G hereto:
Section 17. 28.050.E.1.d. -To allow a density of 19.5 dwelling units per acre
(136 total units) rather than the maximum of 15 units per acre allowed for a
Residential Planned Unit Development;
Section 17.28.050.E.4.b. - To allow a setback of 42 feet from the south
property line instead of 51 feet (height of the building) for Building No. 4;
Section 17. 40.050.C. - To allow a front yard setback of 20 feet instead of
25 feet for Building No. 4 from the right-of-way of Stradford Circle; and to
allow a maximum building height of 51 feet instead of 45 feet for the
Buildings on the Property.
B. The following variation to the Village's Development Ordinance is
hereby granted pursuant to EXHIBITS E AND E-1:
Section 16.50.040.C.3.b.3 -To allow interlocking block wall grade transitions
instead of 4-foot (horizontal) to 1-foot (vertical) slopes for a stormwater
detention facility.
C. The following variation to the Village's Floodplain Regulations is hereby
granted pursuant to EXHIBITS E AND E-1:
Section 18.20.020.E. - To allow for the elevation of the ground for a
minimum distance of 10 feet (instead of 25 feet ) surrounding a building
erected adjacent to a Special Flood Hazard Area (SFHA) at an elevation of
not less than 1-foot above the base flood elevation.
D. Developer shall provide access easements on the Property as
required by the Village.
E. The Final Development Plan shall include access to Building No. 2
pursuant to EXHIBIT D-1 attached hereto, and the parking area between Buildings
3 and 4 shall be extended on the south end as approved by the Village Engineer.
24. Effect. This Ordinance shall be in full force and effect from and after its
passage, approval and dismissal with prejudice of the case entitled Rohrman v. Village of
Buffalo Grove, Case No. 93 CH 010863. This Ordinance shall not be codified.
AYES: 6 - Marienthal Reid Rubin, Braiman. Hendricks, Glover
NAYES: o None
ABSENTt - None
PASSED: April 15 1996
APPROVED:April 15 1996
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ATTEST: APPROVED:
Village SIDNEY H. MATHIAS
Village President
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VILLAGE OF BUFFALO GROVE
ORDINANCE NO.
ADOPTED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE
OF PFFALO GROVFA 10G//
THIS DAY OF 19J/o.
Published in pamphlet form by authority of the
President and Board of Trustees of the Village
of Buffal Grove, Cook & Lake Counties, Illinois,
this day of _ , 19�� .
Village C er/k�p
ByL1�
Deputy Village Clerk