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2014-12-15 - Ordinance 2014-083 - APPROVING THE SEVENTH AMENDMENT TO THE PUD FOR SIEGLE'S RESUBDIVISION AND SPECIAL USE FOR A DRIVE THROUGH AT 245 MCHENRY RDTO THE PLANNED UNIT DEVELOPMENT (PUD) FOR THE SEIGLE'S RESUBDIVISIOM GWProperty Group, LLC Amendment of PUD concerning allowed uses, expansion of the existing building, special use fora drive-through facility, and Sign Code variation for an off-premise directional sign 245 McHenry Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Seigle's Resubdivision was approved by Village Ordinance No. 88-110, which allowed a fast-food restaurant on Lot l, a Seig|e's Horne and Building Center on Lot 2 and an office building on Lot of the Seig|e's Resubdivision; and, VVHEREAS, amendments to Village Ordinance 0o. 88-110 were approved concerning commercial use of Lot 2 Ordinance No. 92-35 (First Amendment) and Ordinance No. 96-1I (Second Amendment); and, WHEREAS, Village Ordinance No. 98-54 (Third Amendment) approved Special Use and Planned Unit Development (PUD) for the Congregation Beth Am to occupy the building on Lot 2 as a place ofworship and related uses including education programs and social events, and the use of Lot 3 for supplementary parking to accommodate uses in the Beth Am facility; and, WHEREAS, Village Ordinance K]m. 2009-38 (Fourth Amendment) approved aSpecia| Use and Planned Unit Development (PUD) amendment for Lot 2 for the Torah Academy to lease space within the Beth Am building to operate a school providing a dual curriculum of Judaic studies and general studies; and, WHEREAS, Village Ordinance No. 201I-2 /Fifth Amendment) approved an amendment to the special use for Lot 2 and Lot 3 for the Torah Academy to allow operation of child day care facility in addition tm the school approved byOrdinance No. 2DOB-38;and, K WHEREAS, Village Ordinance No. 20I2-47 (Sixth Amendment) approved aspecia| use for the Buffalo Grove Park District to redevelop the building on Lot 2 as performing arts center and auxiliary parking mn Lot 3;and, WHEREAS, Seigle Investments 0LCis the owner of Lot 1of the Seigle'sResubdivisimn(as legally described in Exhibit A hereto, and hereinafter referred to as the "Property"), and said Property is zoned in the B-2 General Business District; and, WHEREAS, Ordinance No. 88-110. Section 20.D. limits use on Lot l to a fast-food restaurant; and, WHEREAS, GVV Property Group, LLC, as contract purchaser, requests amendment of Ordinance No. 88-l1[LSection 20.D. to remove the restriction allowing only afast-food restaurant on Lot I;and, WHEREAS, GW Property Group, LLC requests that uses allowed in the B-2 General Business District be allowed on Lot 1; and, WHEREAS, GW Property Group, LLC has submitted a plan for redevelopment of the building on Lot 1 for two tenant spaces including a food use and a general retail or service tenant; and, WHEREAS, GVV Property Group, LLC requests a special use for a drive-through facility to service the food use, and a variation of Section 14.20.100 of the Village Sign Code to allow an off- premise directional sign; and, WHEREAS, GVV Property Group, LLChas filed a petition requesting approval ofamendment of the PUD concerning allowed uses on Lot 1, approval of a special use for drive-through facility for a food use, approval of a site plan allowing an expansion of 2,500 square feet of the existing building and a variation of the Village Sign Code for an off-premise directional sign pursuant to the following exhibits, which are attached hereto and made a part hereof: EXHIBIT A Legal Description EXHIBIT Petitioner and Owner Acceptance and Agreement concerning amendment of planned unit development (PUD) ), special use and variation mf Sign Code EXHIBIT C Overall Site Plan (Sheet ST2) dated 12/8/2014 EXHIBIT D Proposed Site Plan (Sheet ST1) dated 12/9/2014 EXHIBIT E Proposed off-premise directional sign (Sheet A1.0) 3 WHEREAS, the Village Planning & Zoning Commission conducted a public hearing concerning the proposed amendment of the planned unit development including allowed uses, expansion of the building, a special use for a drive-through facility and a variation of the Sign Code for an off-premise directional sign and determined that the requested items are appropriate for the Property and will be compatible with adjacent properties. WHEREAS, the Commission voted 7toOto recommend approv |ofanamendmentofthe Planned Unit Development (PUD) concerning allowed uses in the 8-2 District, expansion of the building, a special use for a drive-through fad|hv and a variation of the Sign Code to a||ovv an off- premise directional sign for the Property; and, WHEREAS, the President and Board of Trustees have determined that the amendment of the Planned Unit Development (PUO) concerning allowed uses in the B-2 District, expansion of the building, a special use for a drive-through fad|bv and a variation of the Village Sign Code to a||ovv an off-premise directional sign are appropriate for the use and development of the Property and will be compatible with adjacent properties as set forth in the terms and conditions set forth herein. NOW, THEREFORE, 8E|T ORDAINED BY THE PRESIDENT AND BOARD []F TRUSTEES [JFTHE VILLAGE C)F 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 Horne Rule powers. The preceding whereas clauses are hereby incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving the Seventh Amendment of the Planned Unit Development (PUD), allowing expansion of the building, granting a special use for a drive-through facility and granting a variation of Section 14.30.100 of the Village Sign Code for an off-premise directional sign to a||oxv use and development of the Property as proposed by GVV Property Group, LUC subject to the following conditions: A. Uses allowed in the B-2 District of the Buffalo Grove Zoning Ordinance shall be allowed on the Pnmperty, subject tothe provision of off-street parking as required by the Zoning Ordinance. B. Accessible parking shall be provided on the Property in compliance with applicable state and Village requirements. C. Any changes to the exterior building appearance, outdoor lighting, landscaping and signs are subject to review and approval by the Village. Q. Construction of the building addition and related site improvements are subject to review and approval by the Village. rd E. The special use for a drive-through facility is granted to GWProperty Group, LLC for arestauna use tenant. Said special use is not assignable vvithoutapprova|6« the Village. F. At the time of application for a Village permit to install the off-premise directional sign depicted on Exhibit C and Exhibit E hereto, {]VV Property Group, LLC shall provide documentation acceptable to the Village confirming approval of said sign by the property owner and a legal description mf the sign location. Section 3. In the event that GVV Property Group, LLCdmes not purchase the Property by June l,20l5 this Ordinance shall be null and void. Section 4. This Ordinance shall be in effect upon the submittal of the executed Petitioner's and Owner's Acceptance and Agreement attached hereto as Exhibit B. This Ordinance shall not becodified. AYES: NAYS: ABSENT: PASSED: Vill -age Clerk 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer 741 am �� December 15, 2014 This ordinance was prepared by: Mail to: Village Clerk Village of Buffalo Grove 5QRauppBoulevard Buffalo Grove, |L60089 APPROVED: December 15,2014 �jijif7re7� raiman, Village President Robert E. pf�iiViUage Planner Village of Buffalo Grove 50RauppBlvd Buffalo Grove, |L6O089 5M.F.Will 0 Lot 1 of Seigle's Resubdivision, being a resubdivision of part of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, recorded as Document No. 701006, in Lake County, Illinois. • A PIdFJneU unit development jf,i 111) ), special use and variation • Sign Code 245 McHenry Road GW Property Group, LLC as Petitioner acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2014 — 83 pertaining to amendment of the planned unit development (PUD), special use and variation of the Village Sign Code for the Property, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitation of said Ordinance. The undersigned Owner acknowledges that it has read and understands all of the terms and conditions of said Buffalo Grove Ordinance No. 2014 — 83.