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1994-059 9/8/94 COVES OF BUFFALO GROVE North side of Park View Terrace south of the First National Bank, 555 W. Dundee Road 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. Buildin Permit and En ineerin Consultant Fees. 4 7. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . 5 9 Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . 6 10. Security for Public and Private Site Improvements. . . . . . . . . . 6 11. Exhibits. 6 12. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . 7 13. Declaration of Covenants Conditions and Restrictions. . . . . . . 7 14. Park District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15. School District Donations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 16. Conditions Concerning Park and School Donations. . . . . . . . . 8 17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18. Enforceability of the Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . 9 19. Binding Effect of Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 22. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23. Effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9/8/94 ORDINANCE NO. 94 59 COVES OF BUFFALO GROVE North side of Park View Terrace south of the First National Bank, 555 W. Dundee Road Planned Unit Development Ordinance 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, Edward Schwartz and Co. (hereinafter referred to as the "Developer") is the developer of a certain tract of property comprising approximately 1.71 acres legally described in EXHIBIT A attached hereto (hereinafter referred to as the "Property") and which real estate is within the corporate limits of the Village; and, WHEREAS, said Property is zoned in the Office and Research District pursuant to the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Village has received a petition from the Developer, and First Midwest Bank, N.A. as Owner of the Property requesting rezoning of the Property to the R-9 Multiple Family Dwelling District, approval of a Residential Planned Unit Development and approval of a Preliminary Plan; and, WHEREAS, the Developer proposes to construct 16 dwelling units on the Property pursuant to a Preliminary Plan dated as last revised August 9, 1994 attached hereto and made a part hereof as EXHIBIT B, and a Preliminary Engineering Plan dated August 29, 1994 attached hereto and made a part hereof as EXHIBIT C (EXHIBITS B and C are hereinafter referred to as the"Preliminary Plan", and subject to all other exhibits attached hereto and incorporated by reference herein; and, WHEREAS, pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held a public hearing and made its 1 recommendations pursuant to Chapter 17.28 and Section 17.40.050 of the Zoning Ordinance with respect to the requested Residential Planned Unit Development in the R-9 District and variations of the Zoning Ordinance and pursuant to the Development Ordinance with respect to the Preliminary Plan; 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 Preliminary Plan and a Residential Planned Unit Development. 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 approving a Residential Planned Unit Development in the R-9 District 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 zoning shall be further conditioned on the development of the Property in accordance with the Preliminary Plan attached hereto as EXHIBIT B and the Preliminary Engineering Plan attached hereto as EXHIBIT C. 2 3. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBITS B and C) pursuant to the provisions of the Village's Development 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. 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 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 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 provisions of this Paragraph, no zoning changes will be applied that would adversely affect or require a change in the development of the Property pursuant to the Preliminary Plan unless there is a failure to comply with Village ordinances. 5. Amendment of Plan. If the Developer desires to make changes to the Preliminary Plan, as herein approved, such changes 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 change to this Ordinance. The Corporate Authorities may, at their sole discretion, require 3 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 change involves a reduction of the area set aside for common open space. 6. Building 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 or technical matters subject to this Ordinance, 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 onto the Village water system at points recommended by the Village Engineer as shown on EXHIBIT C. It is understood, however, 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 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 4 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 EXHIBIT C. 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 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 any storm sewers which may be necessary to service the Property, as per EXHIBIT C. 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, or multiple properties, and the Developer agrees to operate and maintain that portion of the storm 5 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. D ie 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. Securitv 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 G) 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. If the Developer fails to complete all improvements secured by the letter of credit, the Village shall have the right to draw 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. 11. 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 incorporate 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 by the parties hereto. 6 EXHIBIT A Legal Description EXHIBIT B Preliminary Plan dated as last revised August 9, 1994 by JEN Land Design, Inc. EXHIBIT C Preliminary Engineering Plan dated as last revised August 29, 1994 by Manhard Consulting, Ltd. EXHIBIT D Preliminary Landscape Plan dated as last revised August 24, 1994 by JEN Land Design, Inc. EXHIBIT D-1 Typical Landscape Foundation Planting Plan dated March 8, 1994 EXHIBIT E Building elevation EXHIBIT F Building floor plans EXHIBIT G Development Improvement Agreement. 12. 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 and graded and seeded all as determined by the Village Manager. Any identification signage for the development is subject to review and approval by the Appearance Commission. 13. Declaration of Covenants Conditions and Restrictions. The Property shall be subject to a 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. 7 The Declaration shall include, but no by way of limitation, covenants and obligations to own and maintain the drainage system depicted on EXHIBIT C. The Declaration shall also include the obligation that the association shall provide snow removal for private driveways, parking spaces, and public sidewalks and shall store excess snow in appropriate off-street locations, and shall not in any way impede the Village's snow removal operations on public streets. The Declaration shall further contain an obligation to compensate the Covington Homeowners Association $300.00 per year to pay for the proportionate share of the maintenance costs for the detention pond utilized by this Association and the Declarant. 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 p, amended without the prior approval of the Village. 14. Park 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 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. 15. 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. 16. 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 8 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 maybe 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. 17. Facilitation of Development. Time is of the essence of this Ordinance, and all parties shall make reasonable and good faith efforts 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 its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest that may arise, and its 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 provision of this Ordinance. 18. Enforceability of the Ordinance. This Ordinance shall be enforceable in any competent jurisdiction by any of the parties, 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 other provisions contained herein. 19. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property, the Developer, and its successors and assigns. 20. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Ordinance in their official capacities as members of such group and shall 9 have no personal liability in their individual capacities. 21. Notices. Any notice required pursuant to the provision 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 received on the fifth business day following deposit in the U.S. Mail. If to Developer: Edward Schwartz Edward Schwartz & Co. 1110 Lake Cook Road Buffalo Grove, IL 60089 Copy to: Marc K. Schwartz, Esq. Batler & Schwartz 355 W. Dundee Road Suite 200 Buffalo Grove, IL 60089 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard gym, Buffalo Grove, IL 60089 Copy to.. William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, Suite 400 Oak Park, IL 60301 22. Special Conditions. A. The following variations to the Village's Zoning Ordinance are hereby granted: Section 17.12.455 - to allow a Planned Unit Development of 1.71 acres instead of the minimum 4 acres; Section 17.28.050.E.4.a. - to allow a building setback of 12 feet on the east side yard instead of 35 feet, in accordance with EXHIBIT B attached hereto. 10 B. Driveways on the Property shall be constructed of concrete, not asphalt. C. Prior to any grading or site preparation work on the Property, Developer shall obtain approval by the Village concerning the removal or relocation of any trees or other plant materials on the Property. The landscaping plan and tree preservation plan shall be in accordance with EXHIBITS D and D-1 attached hereto. The 24- inch diameter honey locust tree identified as #735 on the tree survey prepared by Urban forest Management shall be replaced by 4 three- inch diameter deciduous trees. D. The 4-foot wide sidewalk between Park View Terrace and the Frenchmen's Cove Park depicted on EXHIBITS B and C shall be widened to 5 feet in width if the Village determines that said widening would not be detrimental to existing or proposed trees and other plant materials adjacent to the sidewalk. Developer shall provide a public access easement for said 4 or 5-foot sidewalk. E. The declaration for the Property as required by Paragraph 13 shall specify the locations where garbage and other refuse may be placed along Park View Terrace prior to pickup by the applicable disposal service. Said locations are subject to approval by the Village. 23. Effect. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. 11 AYES: 5 - Reid Kahn Rubin, Braiman, President Mathias NAYES: 1 - Marienthal ABSENT: 1 - Hendricks PASSED: September 12 1994 APPROVED: Se tember 12 1994 ATTEST:, APPR E: IN, A` 1 Village Clerk SIDNtYfi. MATHIAS Village President 12 Coves of Buffalo Grove North side of Park View Terrace south of the First Midwest Bank, 555 W. Dundee Road Planned Unit Development Ordinance EXHIBIT A Legal Description That part of the North 653.45 feet of the east 1/2 of the northeast 1/4 of Section 8, Township 42 North, Range 11 East of the Third Principal Meridian lying west of the east 840 feet thereof, except the north 495 feet of the east 167.30 feet of the above tract in Cook County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 1.71-acre tract on the north side of Park View Terrace directly south of the First Midwest Bank, 555 W. 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ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE THIS DAY OF 19y Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook e Lake Counties, Ill ' Is, this day of 19 'm e, Village Clerk " BY (deputy Village Clerk