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1987-022 2/23/87 ORDINANCE NO. 87- 22 THE PULTE/ANDREWS (CHERBOURG) PLANNED UNIT DEVELOPMENT ORDINANCE WHEREAS, the Village of Buffalo Grove (hereinafter sometimes referred to as "Village") is a Home Rule Unit by virtue of the provisions of the Consti- tution of the State of Illinois of 1970; and, WHEREAS, PULTE HOME CORPORATION, a Michigan Corporation, is hereinafter referred to as "Developer"; and WHEREAS, this Ordinance regulates a certain tract of Property comprising approximately 60.0 acres, legally described and identified in the legal description, 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, the Village has received a petition to rezone the Property from the I - Industrial District to the R-8 Multiple Family Zoning District with a special use for a Residential Planned Unit Development; and, WHEREAS, Developer desires and proposes pursuant to the provisions and regulations applicable to the R-8 District of the Village Zoning Ordinance to develop Property as a Residential Planned Unit Development in accordance with and pursuant to a certain Preliminary Plan prepared by Henderson and Bodwell, and dated as last revised February 17, 1987 attached hereto and made a part hereof as EXHIBIT C and also Preliminary Engineering Plan prepared by Hender- son and Bodwell, and dated as last revised February 17, 1987 attached hereto and made a part hereof as EXHIBIT D (EXHIBIT C and EXHIBIT D are hereinafter jointly referred to as the "Preliminary Development Plan") , and subject to all other exhibits attached hereto or incorporated by reference herein. 1 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 of the Zoning Ordinance with respect to the re- quested zoning classification in the R-8 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 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 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-8 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 prepared by Henderson and 2 Bodwell and dated February 17, 1987 (EXHIBIT C) , and the Preliminary Engi- neering Plan prepared by Henderson and Bodwell and dated February 17, 1987 (EXHIBIT D) . 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Development Plan (EXHIBITS C & D) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Plat of Subdivi- sion 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 C & D) ; 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 B) as amended from time to time. The Property may be developed in Phases as designated in EXHIBIT E-1. 4. Compliance with Applicable Ordinances. The Developer agrees to 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 possi- ble. 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, the parties agree that such 3 changes in the Preliminary Development 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 Author- ities 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 approved 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. Buildin , 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 Ordi- nance, 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 D 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 agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water 4 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 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 a part of the Village water system maintained by the Village. Developer shall install a 12 inch water main along the Illinois Route 83 boundary of develop- ment extended to Pauline Avenue. 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 Lake County Public Works Department for the collection of sewage and to the Illinois Department of Transportation 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 D, 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 agree to operate and maintain such systems, except for sanitary sewer service connections. The Developer agrees to accept any increase in sewer rates and tap on fees, 5 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 D, 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 agree to operate and maintain that portion of the storm sewer system which serves public streets, or multiple properties. The Developer or successors agree to 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 of Subdivision. 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. The Developer shall also fully comply with the standards set forth in EXHIBIT F and this Ordinance. 10. Developer Recapture of Utility Costs. It is further understood and agreed that a portion of the sanitary sewer, storm sewer, and/or watermain to be constructed and installed by the Developer to serve the proposed develop- ment on the Property (hereinafter referred to as "Developer's Improvements") may be required by the Village to be so located and/or oversized as to benefit vacant neighboring properties not owned by the Developer, thus making 6 such utility service available thereto. The Corporate Authorities agree to adopt an ordinance and take such other action as may be necessary to permit the Developer to recapture from such vacant neighboring property owners as may be benefitted by the Developer's Improvements, that portion of the actual costs of oversizing the construction and installation of Developer's Improve- ments, in such proportionate amounts from such neighboring property owners as may be so benefitted as determined by the Village. Said recapture ordinance shall only be enforceable for seven (7) years from its passage. The Village and Developer agree to use their best efforts to cooperate to achieve the most practical and feasible route to the off-site utilities connection points. The Village agrees to cooperate with the Developer in effectuating recapture from future developers as appropriate. The Village shall be entitled to a five percent (5%) fee from any amounts hereby recaptured as and for its collection efforts. 11. Pa vent of Recapture Fees Owed. Any amount of recapture, included in Ordinance No. 84-69 and Ordinance No. 85-87 required to be paid by this Property shall be due and payable upon final platting of this development. 12. 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 B) as amended from time to time. Any letter of credit issued for such improve- ments 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 7 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 exe- cution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designed as shown below. This Ordinance, upon execution by the parties, 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 EXHIBIT B Development Improvement Agreement EXHIBIT C Preliminary Plan EXHIBIT D Preliminary Engineering Plan EXHIBIT E-1 Landscaping Plan EXHIBIT E-2 Landscaping Development Plan EXHIBIT E-3 Tree Survey and Preservation Plan EXHIBIT F-1 Environmental Marsh Standards EXHIBIT F-2 Environmental Marsh Exhibit Board EXHIBIT G-1 Building Elevations EXHIBIT G-2 Material Specifications 14. 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. 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 re- strictions ("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 8 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 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 reason- able 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. In addition to the above, the Declaration shall: (a) prohibit the erection of lot perimeter fencing although patio screening is allowed, (b) restrict the outside storage of refuse (except for approved periods during collection) , (c) set forth maintenance standards for the environmental marsh, (d) restrict fertilizers to those which do not damage the environ- mental marsh, (e) provide for maintenance of common areas pursuant to Village ordinances and in a neat and orderly manner, and (f) provide for maintenance of and bicycle path easement (not including bicycle path) . The Declaration is subject to Village approval. 16 . 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 suc- cessful 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 9 facilitate the development of the Property, as contemplated by the provisions of this Ordinance. 17. Enforceabilit of the Ordinance. This Ordinance shall be enforce- able 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. Cor orate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Author- ities are entering into this Ordinance in their official capacities as members of such group and shall have no personal liability in their individu- al 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: Daniel L. Star Pulte Home Corporation 2360 Hassell Road Hoffman Estates, IL 60195 Copy to: Charles Byrum, Esq. Defreis and Fiske 72 W. Adams, Suite 1500 Chicago, IL 60603 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 10 Copy to: William G. Raysa, Esq. 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 16.50.040.C.4. In order to accommodate the design stan- dards set forth by the U.S. Army Corps of Engineers and the Village of Buffalo Grove, the shoreline grading and treatment shall be varied to provide for the environmental marsh solely as it relates to the interior shoreline of each environmental marsh and the required 15 foot depth of the lake. Section 16.50.070.D. The right of way widths of the cul-de-sac bulbs shall be reduced from 60 feet to 55 feet, provided, however, that the pavement radii shall conform to Village standards. B. Buffalo Grove Road Extension. In conjunction with the first phase of development and not later than October 31, 1988, the Developer shall con- struct the north intersection leg and signal modifications for Buffalo Grove Road north of Illinois Route 83. At the same time, the Developer shall also construct Buffalo Grove Road on the entire length of his Property as spec- ified by the Village Engineer and this Ordinance. Buffalo Grove Road shall ultimately consist of a 10" P.C.C. standard reinforced pavement over a 4" stabilized base course (CA6) , with four 12 foot travel lanes, 16 foot median (including left turn lanes) and B6:24 curb and gutter and shall comply with the applicable FAUS standards and as approved by the Village Engineer. It is agreed that the Developer shall be responsible for the construction of approximately one half of this improvement as determined by the Village. The 11 Village may require a special engineering consultant to assist in the in- spection of embankment and pavement work in order to maintain a timely construction schedule. Developer agrees to reimburse the Village for these engineering costs when incurred. C. Building Construction. The Developer shall construct all buildings conforming to the floor plan, size, elevation, and material specifications set forth in this Ordinance and shall provide full basements in approximately 50% of the dwelling units. The minimum dwelling unit standards are not less than 1353 square feet on the ranch unit and between 1500 and 2300 square feet of living space per dwelling unit in the two story units. The Developer represented to the Plan Commission floor plans of 1353, 1526, 1536, 1859, 2110, and 2258 square feet of living space per dwelling unit. Six models shall be presented for sale reasonably sized to those dwelling units present- ed to the Plan Commission. D. Environmental Marsh. The Developer will fully comply with the design and material specifications of the environmental marsh to insure that the drainage and horticultural standards of this Ordinance are fully complied with. This includes the obligation to replant and extend performance guaran- tees for a period of three (3) years after construction of the marshlands is completed as determined by the Village Engineer. Said three (3) year period shall be extended to five (5) years if recommended by the Village Engineer. The Village may also retain, at Developer's expense, a consulting arborist to assist in evaluating the environmental marsh. In addition, no hydraulic connection to the off-site Hidden Lake shall be made without the express consent of the Hidden Lake Homeowners' Association and the Village Engineer. E. Bridge Construction. The Developer shall construct any bridges to be in compliance with all Village standards. Wood bridges are not allowed. 12 F. Tree Preservation. The Developer to the best of his ability shall preserve all large trees deemed compatible with the Development program. Tree removal shall not occur prior to consultation with the Village arborist. G. Foxhill Drive Extended. The Developer shall bear the full on-site and off-site construction costs to insure the proper connection of the development to Foxhill Drive as approved by the Village Engineer. H. 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 recommen- dations of the Village Engineer and Building Commissioner to noise, traffic, dust control, and access to the site. I. Park District Donations. Developer agrees to comply with the provisions of Title 19 of the Buffalo Grove Municipal Code as amended from time to time regarding park donations. Developer agrees that it will make a contribution of approximately 1.80 acres of land as depicted on EXHIBIT C and a cash contribution to satisfy the required active land donation. Developer agrees to make said contributions and land conveyance to the Village upon the Village's request. The Village may require the Developer to transfer said 1.8 acres to common ownership by the Homeowners' Association as delineated in Paragraph 15 of this Ordinance. Said land donation shall be applied to the requirement of Title 19. Credit for private open space will be given to satisfy the required passive land donation. J. School District Donations. 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. Owner agrees that it will make contributions of money to the Village for conveyance to School Districts #102 and #125 according to the criteria of said Title. 13 K. Notwithstanding anything herein to the contrary, Developer shall reduce the five (5) unit building on the east side of Property to four (4) units. 22. This Ordinance shall be in full force and effect from and after its passage and approval and after Developer purchases the Property. If Develop- er fails to purchase the entire Property within 90 days of the date of the passage of this Ordinance, then this Ordinance shall be of no force and effect. This Ordinance shall not be codified. AYES 5 - Marienthal, O'Reilly, Glover, Reid, Shields NAYES: 0 - None ABSENT 1 - Kowalski PASSED February 23 1987 APPROVED February 23 1987 APPROVED: l f VERNA L. CLAY-TO , illage tiesident ATTEST: fl & Village Clerk 14 2/23/87 THE PULTE/ANDREWS (CHERBOURG) 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. Building 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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 12. Securi,ty for Public and Private Site Improvements. . . . . . . . . . . . . . . .7 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 14. Building, in and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .8 15. Declaration of Condominium. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 16. Facilitation of Develo went. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 17. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 18. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 THE PULTE/ANREWS (CHERBOURG) PLANNED UNIT DEVELOPMENT ORDINANCE I L4CA T/OA/ MA P , 7W AND.Q�x/S PROPER�'y i � h Q A I R0,4 GOOK - Lp \