1997-073 10/02/97
ORDINANCE 97 - 73
DELACOURTE CONDOMINIUMS
(formerly Waterfield Place Condominiums)
Northwest comer Dundee Road/Weidner Road
Second 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,
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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 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 B; and,
WHEREAS, the Modified Preliminary Site Plan (EXHIBIT B) depicted 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 B; and,
WHEREAS, the Village approved the Modified Preliminary Site Plan (EXHIBIT B)
with Ordinance 97-39 on May 5, 1997 allowing an amendment to the approved Planned
Unit Development (P.U.D.); and,
WHEREAS, the Developer has requested another amendment to the P.U.D. to
allow the setbacks for Buildings 1, 2, 3 and 4 as set forth on the Revised Preliminary Site
Plan dated September 26, 1997 by Groundwork, Ltd, and attached hereto as EXHIBIT C;
and,
WHEREAS, the President and Board of Trustees after due and careful
consideration have concluded that the proposed building setback adjustments depicted
on the Revised Preliminary Site Plan attached hereto as EXHIBIT C are minor changes,
and EXHIBIT C is consistent with the intent of the plan for development of the Property as
approved by Ordinances 96-31 and 97-39.
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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 the Revised Preliminary Site Plan
attached hereto as EXHIBIT C 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 Revised Preliminary Site Plan (EXHIBIT C).
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 Ordinances 96-31 and 97-39 concerning building setbacks (as depicted
on EXHIBIT C ) are modified as follows:
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Section 17.28.050.E.4.b. -To allow a setback of 38 feet instead of 40 feet
from the south property line for Building No. 4;
Section 17. 40.050.C. -To allow a front yard setback of 20 feet instead of
25 feet for a portion of 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:, - None
PASSED: October 6 1997
APPROVED: October 6, 1997
ATTEST: APPR D:
Villa Clerk SIDNEY H. MAT IA
Village President
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EXHIBIT A
Legal Description
DELACOURTE CONDOMEM MC
(Formerly Waterfield Place Condominiums)
Northwest corner of Dundee Road/Weidner Road
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 Pb 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 6d8.14 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
420.51 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 , 198S 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.
VILLAGE OF BUFFALO GROVE
ORDINANCE NO. q7-7---3
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, llinois,
this day of 19�.
Village Clerk
By �~
eputy Village Clerk
n