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1997-039 5/01/97 ORDINANCE 97 - 39 WATERFIELD PLACE CONDOMINIUMS Northwest corner Dundee Road/Weidner Road Amendment to 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, Focus Development (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 was zoned in the R-9 District with a Planned Unit Development by Ordinance 96-31, and said Ordinance allows the construction of 136 multi-family condominium units in four buildings pursuant to the Preliminary Site Plan dated as last revised April 2, 1996 by Groundwork, Ltd. and attached hereto as EXHIBIT B; and, 1 WHEREAS, Ordinance 96-31 granted variations of the Buffalo Grove Zoning Ordinance of Section 17.28.050.E.4.b. to allow a building setback of 42 feet instead of 51 feet from the south property line for Building 4 and of Section 17.040.050.C. to allow a front yard setback of 20 feet instead of 25 feet from the right-of-way of Stradford Circle for Building 4; and, WHEREAS, the Developer has requested approval of an amended site plan pursuant to the Modified Preliminary Site Plan dated as last revised April 24, 1997 by Groundwork, Ltd. and attached hereto as EXHIBIT D; and, WHEREAS, the Modified Preliminary Site Plan (EXHIBIT D) depicts modifications to the outside surface parking areas between Buildings 1 and 2 and between Buildings 3 and 4, and adjustments to setbacks for the buildings as depicted on EXHIBIT D and as set forth in the Building Setback Comparison dated April 24, 1997 attached hereto as EXHIBIT C; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the proposed parking lot modifications and building setback adjustments depicted on the Modified Preliminary Site Plan attached hereto as EXHIBIT D are minor changes, and EXHIBIT D is consistent with the intent of the plan for development of the Property depicted on the Preliminary Site Plan (EXHIBIT B) approved by Ordinance 96-31. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS- 2 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 the Modified Preliminary Site Plan attached hereto as EXHIBIT D subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said approval shall be further conditioned on the development of the Property in accordance with the Modified Preliminary Site Plan (EXHIBIT D) and other exhibits attached hereto or incorporated by reference herein. 3. 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 described in Ordinance 96-31. 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. 4. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the parties hereto and their respective grantees, successors and assigns. 5. Special Conditions. A. The variations to the Village's Zoning Ordinance previously granted by Ordinance 96-31 concerning building setbacks (as depicted on EXHIBIT D ) are modified as follows: Section 17.28.050.E.4.b. - To allow a setback of 40 feet instead of 42 feet from the south property line for Building No. 4, 3 EXHIBIT A Legal Description WATERFIELD PLACE CONDOMINIUMS SUBJECT PROPERTY LEGAL DESCRIPTION: That part of the South 1/2 of Section 5, Township 42 North, Range 11 East of the Third Principal Meridian, described as follows: Commencing at the South West corner of.. the South East 1/4 of Section 5, thence North 00 Degrees 02 Minutes 29 Seconds East along the West line of said South East 1/4, a distance of 50.00 feet to the point of beginning; thence South 89 Degrees 46 Minutes 48 Seconds East along the North right of way line of Dundee Road as recorded as Document 21189364, a distance of 36.00 feet to a point; thence %rth 00 Degrees 13 Minutes 12 Seconds East, a distance of 264.01 feet to a point of curve; thence along a curve to the left having a radius of 410.00 feet (the chord thereof bearing North 40 Degrees 22 Minutes 08 Seconds West a chord distance of 533.31 feet) , an arc distance of 580.90 feet to a point of tangency; thence North 80 Degrees 57 Minutes 28 Seconds West, a distance of 442.37 feet to a point of curve; thence along a curve to the right having a radius of 541 .12 feet (the chord thereof bearing North 48 Degrees 45 Minutes 43 Seconds West and a chord distance of 576.63 feet, an arc distance of 608.14 feet; thence South 66 Degrees 45 Minutes 48 Seconds West, a distance of 139.81 feet to a point on the West line of the East 1/2 of the South West 1/4 of aforesaid Section 5; thence South along said West line of the East 1/2, a distance of 634.80 feet; thence South 89 Degrees 46 Minutes 48 Seconds East, a distance of 887.00 feet; thence South a distance of 425.00 feet; thence South 89 Degrees 46 Minutes 48 Seconds East, a distance of 420.57 feet to the point of beginning, (excepting therefrom, all that part of the foregoing description lying West of the East line of Stratford Circle as dedicated by Chatham Subdivision Unit No. 4 according to the Plat thereof recorded October 31 , 1985 as Document 852629071 in Cook County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 7-acre parcel at the northwest corner of Dundee Road and Weidner Road, Buffalo Grove, IL. WATERFIELD - EXHIBIT C APRIL 24, 1997 WATERFIELD PLACE GW#A152 PROPOSED MULTIFAMILY DEVELOPMENT DUNDEE AND WEIDNER ROADS, BUFFALO GROVE, IL Building Setback Comparison T Preliminary Site Plan Modified Preliminary Site Plan (Setback As Approved) (Setback As Proposed) Building Balcony Building Balcony Building 1 SW Comer 42' 371* 46' 41'* SE Corner 35' 30' 36' 31' East 42' N/A 40' N/A Building 2 NE Corner 30' 25' 30' 27'* SE Corner 47' 42'* 44' 42'* Building 3 NE Corner 48' N/A 44.5' N/A Building4 North 30' N/A 25' N/A West 25' 20' 25' 20' South 42' N/A 40' N/A *Denotes dimension not labeled on plan GROUNDWORK,LTD. ARCHITECTSlPL ANNE RSlE NGI NE E R5 �1 1051 PERIMETER DRIVE.SUITE 1110 GR 5CHAUMBRG U .ILLIN015,60173 847.413.0300 • w847.413.0314 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. B. Ordinance 96-31 remains in full force and effect concerning development of the Property, except as specifically modified by this Ordinance. 6. 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, Rubin,Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PASSED: May 5. 1997 APPROVED: May 5, 1997 ATTEST: APPR Villa Clerk SIDNEY . MATHIAS Village President l 4 VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROV THIS DAY OF 19 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this day of t 19 ,7. illage Clerk By ... � Deputy Village Clerk