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1988-089 9/19/88 ORDINANCE NO . 88-89 - FIRST AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE (Town Place) 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, Town Place Associates, an Illinois partnership (hereinafter referred to as the "Developer") is the developer of a certain tract of property comprising 11.4538 acres legally described and identified in EXHIBIT A attached hereto, 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, the Property was zoned in the Village of Buffalo Grove by Ordinance 86-61, dated November 3, 1986, which zoned the Property as part of a Planned Unit Development in the B-5 District with approval of 300 apartment dwelling units in three buildings of four stories; and, WHEREAS, the Village has received a petition for amendment of Ordinance 86-61, the Town Center Planned Unit Development, and approval of a Prelimi- nary Plan; and, WHEREAS, the Developer proposes to construct 92 condominium dwelling units in two buildings of four stories over parking, and 68 townhouse dwelling units on the Property pursuant to to a Preliminary Plan dated September 19, 1988 (revised) attached hereto as EXHIBIT B, and a Preliminary Engineering Plan dated August 1, 1988 attached hereto 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, 1 � WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendation pursuant to Section 17.44.060 of the Zoning Ordinance with respect to the requested Planned Unit Development ordinance amendment and Preliminary Plan; and, WHEREAS, the Developer has publicly represented to the Village President and Board of Trustees (who have relied upon said representation) that they will sell buildings constructed on the Property either by direct sale or on a condominium agreement basis only; 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 approval of a Preliminary Plan and amendment of a Planned Unit Development and for variations to the Village's Development and Zoning Ordinances. 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 accor- dance 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 Zoning Ordinance. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a Preliminary Plan and amendment to a Planned Unit Development for the Property legally described in 2 EXHIBIT A in the B-5 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 September 19, 1988 (revised) and the Preliminary Engineering Plan (EXHIBIT C) dated August 1, 1988. 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBITS B and C) pursuant to the provisions of the Devel- opment 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. 4. Com liance with Applicable Ordinances. Development of the Property shall comply with the provisions of Ordinance No. 86-61, except as amended herein. 5. 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 exe- cution 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. 3 . i EXHIBIT A Legal Description EXHIBIT B, Preliminary Plan (3 sheets including Statistical Site B-1, B-2 Plan, Site Plan with conceptual landscaping, and Partial Site Plan) by Braun Skiba, Ltd. , dated August 10, 1988 and September 19, 1988 (revised) EXHIBIT C, Preliminary Engineering (2 sheets) by Haeger and C-1 Associates, Inc. , dated August 1, 1988 EXHIBIT D Building Footprint Comparison by Braun Skiba, Ltd. , dated September 19, 1988 (revised) EXHIBIT E Condominium and townhouse building elevations by Braun Skiba, Ltd. , (Sheets A-5A) dated September 19, 1988 (revised) EXHIBIT F Vista Basin Townhouse Elevations by Braun Skiba, Ltd. , dated August 10, 1988 (revised) EXHIBIT G Development Improvement Agreement EXHIBIT H Roof Alternate A Perspective Sketch by Braun-Skiba, Ltd. , dated September 19, 1988 6. Special Conditions. A. The following variations to the Village's Zoning Ordinance are hereby granted: 1 . Section 17.44.060.D.1 .j . and k. : to allow a setback of 20 feet instead of 25 feet along a residential boundary line in certain areas as depicted on EXHIBIT B hereto. B. Developer shall provide street lights along both sides of Buffalo Grove Road adjacent to the Property, or as an alternative install street lights along the east side of Illinois Route 83, as approved by the Village Engineer. The Village will use its best efforts to recapture the costs of this lighting from benefitted properties in Buffalo Grove. C. Developer shall provide median trees on Buffalo Grove Road adjacent to the Property, as approved by the Village Engineer. D. Developer shall construct a bus stop along Buffalo Grove Road as depicted on EXHIBIT B and as approved by the Village Engineer. E. Entry monuments depicted on EXHIBIT B, unless approved previously by Ordinance 86-61, are not approved by this Ordinance, and must be reviewed by the Village's Appearance Commission. 4 F. Developer shall comply with the requirements of Title 19 of the Village of Buffalo Grove Municipal Code as amended from time to time, concerning school and park donations. Concerning park donations, the Developer shall contribute cash in lieu of land. G. Developer shall grade and prepare the public park area (Village Green) depicted on EXHIBIT B as part of the land grading and site preparation work for the Town Place residential development on the Property. Said preparation of the Village Green shall be directed and approved by the Village Engineer. H. Developer shall provide easements as required by the Village at the time of final plat approval for the bikepaths, vista basin, and bus stop depicted on EXHIBIT B. I. Ten visitor parking spaces at the south end of the vista basin shall be designated as a "land bank" area. Said area shall not be paved and developed for parking unless the Village determines the area is needed for parking to adequately serve the Property. J. Developer shall construct a masonry wall 6 feet in height where the proposed townhouses on the Property adjoin the retail commercial area. K. The B-5 Ordinance regulations listed on EXHIBIT B shall be revised to indicate a proposed maximum building height of 57.5 feet as depicted on EXHIBIT E. EXHIBIT C shall be revised to conform to EXHIBIT B and B-1. L. Developer shall provide a public pedestrian access easement south of the vista basin to the south line of the Property. 5 7. 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, Glover, Reid, Shields, Shifrin, Mathias NAYES: 0 - None ABSENT: 0 - None PASSED: September 19 1988 APPROVED: September 19 1988 APPROVED: f j Ji r VERNA L. CLAY ON, Villag resident ATTEST ` 4. � ,uila t a,vt� Vill e Clerk 6 EXHIBIT A TOWN PLACE (TOWN CENTER) PLANNED UNIT DEVELOPMENT COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 331 TOWNSHIP 43 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTH 89° 58 ' 47 " EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 33 A DISTANCE OF 193.02 FEET TO THE EASTERLY LINE OF BUFFALO GROVE ROAD PER DOCUMENT NO. 1408038; THENCE SOUTH 6° 30 ' 17 " EAST ALONG SAID EASTERLY LINE A DISTANCE OF 87.66 FEET TO THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 105.00 FEET, AN ARC DISTANCE OF 153.36 FEET TO A POINT OF REVERSE CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 140.09 FEET AND A BEARING OF NORTH 41° 39 ' 08 " EAST; THENCE NORTHEASTERLY ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 95.00 FEET, AN ARC DISTANCE OF 111.06 FEET TO A POINT OF COMPOUND CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 104.84 FEET AND A BEARING OF NORTH 33° 18 ' 03 " EAST; THENCE EASTERLY ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 423.50 FEET, AN ARC DISTANCE OF 655.76 FEET TO A POINT OF COMPOUND CURVATURE, THE CHORD OF SAID ARC HAVING A LENGTH OF 592.18 FEET AND A BEARING OF SOUTH 68° 50 ' 54 " EAST; THENCE SOUTHEASTERLY ALONG A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 300.00 FEET, AN ARC DISTANCE OF 96.14 FEET TO A POINT OF TANGENCY , THE CHORD OF SAID ARC HAVING A LENGTH OF 95.73 FEET AND A BEARING OF SOUTH 33° 40 ' 12 " EAST; THENCE SOUTH 420 581 "EAST A DISTANCE OF 70.54 FEET TO A POINT ON THE NORTH LINE OF LOOT 2 IN .BUFFALO GROVE TOWN CENTER UNIT 1 ; THENCE SOUTH 500 12 ' 54 " WEST ALONG SAID NORTH LINE A DISTANCE OF 26.21 FEET TO A CORNER OF SAID LOT 2; THENCE SOUTH 890 03 ' 32 " WEST ALONG SAID NORTH LINE A DISTANCE OF 47.29 FEET TO A CORNER OF SAID LOT 2 ; THENCE SOUTH 440 03 ' 32" WEST ALONG SAID NORTH LINE A DISTANCE OF 19.09 FEET TO A CORNER OF SAID LOT 2; THENCE SOUTH 890 03 ' 32" WEST ALONG SAID NORTH LINE A DISTANCE OF 65.79 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE SOUTH 3° 56 ' 28" EAST ALONG THE WEST LINE OF SAID LOT -2 A DISTANCE OF 394.27 FEET TO A CORNER OF SAID LOT 2; THENCE SOUTH 26° 03 ' 32 " WEST ALONG SAID WEST LINE A DISTANCE OF 8.61 FEET; THENCE SOUTH 89° 05 ' 14 " WEST A DISTANCE OF 612.96 ' TO A POINT ON THE EASTLY LINE OF SAID BUFFALO GROVE ROAD; THENCE NORTH 069 30 ' 17 " WEST ALONG SAID EASTLERY LINE OF BUFFALO GROVE ROAD A DISTANCE OF 599.82 FEET TO THE PLACE OF BEGINNING CONTAINING 11 .4538 ACRES IN LAKE COUNTY , ILLINOIS. VILLAGE OF BUFFALO GROVE ORDINANCE NO. $O ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE BUFFALO GROV THIS DAY OF lgf� Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buff to rove, Coo & Lake Counties, I21r— �Nillageis, this �y of 19 Clerk By' Aug Deputy Cle k