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2008-078 11/12/2008 ORDINANCE NO. 2008 -78 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE WATERBURY PLACE PLANNED UNIT DEVELOPMENT (PUD) VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Waterbury Place subdivision Waterbury Lane/IL Route 22 (Half Day Road) Modification of Preliminary Plan and variation of building setback standard WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS,Village Ordinance No.2005-14 approved a Planned Unit Development(PUD) including Exhibit D (Preliminary Plan dated January 4, 2005)for the Waterbury Place subdivision (as legally described in Exhibit A hereto, and hereinafter referred to as the "Property"); and, WHEREAS,Village Ordinance No.2007-27 approved the first amendment to the Waterbury Place Planned Unit Development modifying the Preliminary Plan(Exhibit D to Ordinance No.2005- 14). Said modification allowed four townhome buildings, each with six dwelling units, to be constructed in place of three villa buildings on Lots 17, 18, 19 and 20 along the west side of Apple Hill Lane. The modified Preliminary Plan was approved as Exhibit C to Ordinance No. 2007-27. WHEREAS, Edward R. James, developer of Waterbury Place as Waterbury Place Venture LLC, (hereinafter referred to as"Developer") is requesting approval of further modification of the Preliminary Plan (Exhibit C to Ordinance No. 2007-27) to allow the flexibility to construct townhome buildings or rowhome buildings on Lots 17, 18, 19 and 20 along the west side of Apple Hill Lane; and, WHEREAS,the proposed Preliminary Plan modification(attached hereto as Exhibit C)will not exceed the number of total dwelling units(156)as Exhibit D to Ordinance No.2005-14,and may in fact reduce the total number of dwelling units to 154; and, 2 WHEREAS,the Developer is requesting a variation of the Village Zoning Ordinance to allow a building setback of ten(10)feet from the right—of--way of Apple Hill Lane(as depicted on Exhibits C and D hereto)for the proposed buildings on Lots 17, 18, 19 and 20,to provide a larger separation for the dwelling units in said buildings from the Canadian National Railway line west of the Property; and, WHEREAS, the Developer submitted the following exhibits pertaining to the proposed modification of the Preliminary Plan, which are attached hereto and made a part hereof: EXHIBIT A Legal Description—Waterbury Place subdivision EXHIBIT B Letter dated October 15,2008 from Steven Spinell,Waterbury Place Venture LLC, requesting plan change concerning townhome and rowhome buildings EXHIBIT C Preliminary Plan modification("Rowhome Study E," I Ix17 inches) dated September 11, 2008 by the Lakota Group, Inc. EXHIBIT D Proposed Setback Diagram (8 `/2 x 11 inches) dated September 4, 2008 by the Lakota Group, Inc. EXHIBIT E Setback Comparison (11 x 17 inches) dated October 15, 2008 by the Lakota Group, Inc. EXHIBIT F Exterior building elevations — 6 unit townhome building (I Ix 17 inches) dated December 23, 2004 by Bloodgood Sharp Buster EXHIBIT G Exterior building elevations — 6 unit rowhome building (I I x 17 inches) dated December 23, 2004 by Bloodgood Sharp Buster WHEREAS,the Buffalo Grove Plan Commission conducted a public hearing on November 5,2008 concerning modification of the Preliminary Plan to allow rowhome or townhome buildings on Lots 17, 18, 19 and 20 and a variation of Section 17.40.050.0 of the Zoning Ordinance to allow a building setback of ten(10) feet from the right—of—way of Apple Hill Lane for said buildings; and, WHEREAS,the Plan Commission voted 7 to 0 to recommend approval of the modification of the Preliminary Plan and a variation of Section 17.40.050.0 of the Zoning Ordinance to allow a building setback of ten(10)feet to grant the Developer the flexibility to construct either townhome or rowhome buildings on Lots 17, 18, 19 and 20, with the stipulation that if three buildings of one type and one building of the other type are constructed,the single building type will be constructed on either Lot 17 or Lot 20, and not on Lot 18 or Lot 19; and, WHEREAS, the President and Board of Trustees have determined that the modification of the Preliminary Plan and variation of the Zoning Ordinance are warranted based on the 3 documentation submitted by the Developer and the recommendation of the Village Plan Commission, and that development of the Property on the terms and conditions herein set forth would be consistent with Exhibit D approved by Ordinance No,2005-14 and Exhibit C approved by Ordinance No. 2007-27. NOW,THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. 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 incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper,valid and binding ordinance amending Ordinance No.2007 27 to allow modification of the Preliminary Plan pursuant to Exhibits C, D and E attached hereto and granting a variation of Section 17.40.050.0 of the Village Zoning Ordinance to allow a building setback of ten(10) feet instead of 25 feet along Apple Hill Lane for Lots 17, 18, 19 and 20 as depicted on said exhibits,subject to final review and approval of the site plan, engineering plan and landscape plan by the Village Engineer and Village Forester prior to issuance of any Village permits for the proposed buildings. In the event that three buildings of one type and one building of a different type are constructed,the single building shall be located on Lot 17 or Lot 20,not on Lot 18 or Lot 19. Section 3. The terms and conditions of Ordinance No. 2005-14 and Ordinance No. 2007-27 remain in full force and effect unless specifically modified by this Ordinance. Section 4. This Ordinance shall be in effect from and after its passage and approval.This Ordinance shall not be codified. AYES: 5 —Braiman,Glover,Berman,Kahn,Trilling NAYS: 0—None ABSENT: 1 —Rubin PASSED: November 17, 2008 APPROVED: November 17,2008 ATTEST: APPROVED: illage Clerk ELLIOTT HARTSTEIN,Village President 4 This ordinance was prepared by: Robert E.Pfeil,Village Planner Village of Buffalo Grove, IL Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 5 EXHIBIT A Waterbury Place subdivision Waterbury Lane AL Route 22 (Half Day Road) Being a subdivision of the west half of the northeast quarter of Section 21, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County, Illinois recorded as Document 5889636 ,November 13, 2006 by the Lake County Recorder. Modification of Preliminary Plan and variation of Section 17.40.050.0 of the Village Zoning Ordinance pertaining to Lots 17, 18, 19 and 20 in said Waterbury Place subdivision. 7V 5 L /Ls Q -a O X- b, N ® . Zv o,8 -7 v 2 WHEREAS,the Developer is requesting a variation of the Village Zoning Ordinance to allow a building setback of ten(10)feet from the right-of--way of Apple Hill Lane(as depicted on Exhibits C and D hereto)for the proposed buildings on Lots 17, 18, 19 and 20,to provide a larger separation for the dwelling units in said buildings from the Canadian National Railway line west of the Property; and, WHEREAS, the Developer submitted the following exhibits pertaining to the proposed modification of the Preliminary Plan,which are attached hereto and made a part hereof. EXHIBIT A Legal Description-Waterbury Place subdivision EXHIBIT B Letter dated October 15,2008 from Steven Spinell,Waterbury Place Venture LLC, requesting plan change concerning townhome and rowhome buildings EXHIBIT C Preliminary Plan modification("Rowhome Study E," 11 x17 inches) dated September 11,2008 by the Lakota Group,Inc. EXHIBIT D Proposed Setback Diagram (8 '/2 x 11 inches) dated September 4, 2008 by the Lakota Group,Inc. EXHIBIT E Setback Comparison(I Ix17 inches) dated October 15, 2008 by the Lakota Group,Inc. EXHIBIT F Exterior building elevations - 6 unit townhome building (I1x17 inches)dated December 23, 2004 by Bloodgood Sharp Buster EXHIBITXE' Exterior building elevations - 6 unit rowhome building (11x17 inches)dated December 23, 2004 by Bloodgood Sharp Buster WHEREAS,the Buffalo Grove Plan Commission conducted a public hearing on November 5,2008 concerning modification of the Preliminary Plan to allow rowhome or townhome buildings on Lots 17, 18, 19 and 20 and a variation of Section 17.40.050.0 of Zoning Ordinance to allow a building setback of ten(10)feet from the right-of--way of Apple Hill Lane for said buildings;and, WHEREAS,the Plan Commission voted 7 to 0 to recommend approval of the modification of the Preliminary Plan and a variation of Section 17.40.050.0 of the Zoning Ordinance to allow a building setback of ten(10)feet to grant the Developer the flexibility to construct either townhome or rowhome buildings on Lots 17, 18, 19 and 20,with the stipulation that if three buildings of one type and one building of the other type are constructed,the single building type will be constructed on either Lot 17 or Lot 20,and not on Lot 18 or Lot 19; and, WHEREAS, the President and Board of Trustees have determined that the modification of the Preliminary Plan and variation of the Zoning Ordinance are warranted based on the 4 Ilk adi■e■oe sae pmpeeed by: Rerert.E.Pfeil,V91w Pharr vow of brio orme,II. vow of asswo omve tl Slf�e■MP seaier.rd Dwwo Gmw,EL 60089 i i .