1991-028 2/14/91
ORDINANCE NO. 91- 28
SECOND AMENDMENT TO THE CHERBOURG TOWNHOMES PLANNED
UNIT DEVELOPMENT ORDINANCE (Pulte/Andrews)
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, Pulte Home Corporation (hereinafter referred to as the
"Developer") is the developer of a certain tract of property comprising 60.0
acres legally described and identified in EXHIBIT A attached hereto, and 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. 87-22 dated February 23, 1987 which zoned the Property as a
Planned Unit Development in the R-8 District; and,
WHEREAS, the Village passed Ordinance No. 89-31 on April 3, 1989
approving an amendment to the Planned Unit Development to allow outdoor decks
on specified lots to exceed twenty percent of the rear yard area; and,
WHEREAS, the Village has received a petition for amendment of Ordinance
No. 89-31 requesting approval of revised exhibits concerning outdoor decks in
the development; and,
WHEREAS, the Developer proposes to construct optional wood decks for
specific townhome units as depicted on the amended Preliminary Plan dated
February 13, 1991 attached hereto as EXHIBIT B, Maximum Deck Size Summary
Table dated January 9, 1991 attached hereto as EXHIBIT C, and Optional Deck
Plans dated March 21, 1990 attached hereto as EXHIBIT D and subject to all
other exhibits attached hereto or incorporated by reference herein; and,
WHEREAS, the Plan Commission of the Village has reviewed the Preliminary
Plan and made their recommendations pursuant to Chapter 17.28 and 17.32 of
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the Zoning Ordinance with respect to the requested Preliminary Plan amendment
in the R-8 District, and amendment of the Planned Unit Development Ordinance;
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 a variation to the
Village's Zoning 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. AEproval of Amendment. The Corporate Authorities hereby adopt a
proper, valid and binding ordinance approving an amendment to the Planned
Unit Development Ordinance and Preliminary Plan for the Property legally
described in EXHIBIT A subject to the restrictions further contained herein
and all applicable ordinances of the Village of Buffalo Grove as amended from
time to time. Said amendment shall be further conditioned on the development
of the Property in accordance with an amended Preliminary Plan (Exhibit B) ,
the Maximum Deck Size Summary Table (Exhibit C) , and the Optional Deck Plans
(EXHIBIT D) .
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3. Com liance with Applicable Ordinances. Development of the Property
shall comply with the provisions of Ordinance No. 87-22, except as amended
herein.
4. EXHIBITS. The following EXHIBITS, some of which were presented in
testimony given by the Developer or the witnesses during the review by 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
EXHIBIT B Amended Partial Preliminary Plan by Pulte Home
Corporation dated February 13, 1991 (received)
EXHIBIT C Cherbourg Maximum Deck Size Summary (table) by Pulte
Home Corporation dated January 9, 1991
EXHIBIT D Optional Deck Plans by Pulte Home Corporation dated
March 21, 1990.
5. S ecial Conditions.
A. The following variation is hereby granted from the Buffalo
Grove Zoning Ordinance:
Section 17.32.020.F. - Wood decks shall be allowed to occupy more
than 20 percent of the rear yard areas on designated lots as depicted on
EXHIBITS B and C.
B. Said variation shall allow decks as depicted on EXHIBITS B and
C; all other decks shall be subject to review and approval by the Cherbourg
Homeowners Association, and if necessary, by the Village Zoning Board of
Appeals.
C. No deck shall encroach in any easements or side yard; and no
drainage swales or easements shall be adversely affected by the construction
of any deck.
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Aim
D. The maximum sizes of decks on lots granted a zoning variation
by this Ordinance and for lots that do not require a zoning variation
concerning rear yard coverage but that were not sold (i.e. a real estate
closing had not occurred) as of April 1, 1989, shall be limited as depicted
in EXHIBITS C and D of Ordinance No. 89-31 and EXHIBITS C and D attached
hereto.
E. The Cherbourg Homeowners Declaration of Covenants, Conditions,
and Restrictions shall be amended to include the restrictions set forth in
Paragraph 5D hereof.
6. This Ordinance shall be in full force and effect from and after its
passage and approval. This Ordinance shall not be codified.
AYES: 4 - Marienthal. Mathias, Kahn, President Clayton
NAYES: 1 - Reid ABSENT: 2 - Shifrin. O'Malley
PASSED: February 19, 1991
APPROVED: February 19. 1991
APPROVED:
VERNA L. CLAYTON, Village 'Pre?sid t
ATTEST:
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EXHIBIT A
SECOND AMENDMENT TO THE CHERBOURG TOWNHOMES PLANNED
UNIT DEVELOPMENT ORDINANCE (Pulte/Andrews)
Legal Description
The West half of the Northwest Quarter of Section 33, Township 43 North,
Range 11, East of the Third Principal Meridian, lying northerly of the
centerline of Illinois Route 83 (excepting therefrom that part falling in the
premises conveyed to William Shoeneberger dated July 20, 1857 and recorded
August 1, 1857 in Book "Z" of deeds, paee 427, which deed conveyed the following described premises, to wit: commencing at the Southwest corner of
said-Section 33, thence North on Section Line 19. 16 chains; thence South 9)
degrees East 6.06 chains, thence North 87) degrees West 39 Links to the angle
in road; thence South 7 degrees East 13.24 chains to Half Section Line; and
thence West along said line 2.15 chains to place of beginning) and (excepting
therefrom the South 911.0 feet of the East 384.75 feet thereof) in Lake
County, Illinois.
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r RECORDER
LAKE CCUN i Y•
10 FEB 27 AM K) 26
STATE OF ILLINOIS ) jj I�c.d. teL
) SS.
COUNTY OF COOK & LAKE )
I, JANET M. SIRABIAN, hereby certify that I am the duly
elected, qualified and acting VILLAGE CLERK of the Village of
Buffalo Grove, Counties of Cook and Lake, Illinois, and the keeper
of its seal and records.
I hereby further certify that the attached is the original
of Ordinance No. _ 91-28 adopted on the 19th day of
February , 19 91 , by the Village Board of the Village
of Buffalo Grove as shown by the records in my custody.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the Village of Buffalo Grove aforesaid, at said Village,
in the County and State aforesaid, this 26th day of February
19 91 .
Village Clerk
By W cA�-•nl-
t4w,,�-
Deputy Vill ge Clerk
VILLAGE OF BOFFXLD GRM
50 RAUPP BOULEVARD
"Alb GROVE, 41IN018 fAM9
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