2012-0459/5/2012
0
ORDINANCE NO. 2012 - 45
AN ORDINANCE APPROVING THE THIRD AMENDMENT
OF THE PLANNED UNIT DEVELOPMENT (PUD)
AND GRANTING A SPECIAL USE FOR THE
BUCKY'S EXPRESS GAS STATION,
CONVENIENCE STORE AND AUTOMOBILE LAUNDRY
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
PUD amendment concerning rebuild of the gas station
and convenience store and a special use for an automobile laundry,
1251 McHenry Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the site (hereinafter referred to as the "Property ") is legally described in
Exhibit A attached hereto; and,
WHEREAS, the Property is zoned in the B -3 Planned Business Center District, and is
currently occupied by a gas station and convenience store; and,
WHEREAS, Buchanan Energy (N) LLC ( "Owner ") is the owner of the Property; and,
WHEREAS, Village Ordinance No. 2004 -31 approved the second amendment of the
Planned Unit Development ( "PUD ") for the Property allowing redevelopment including
construction of a new gas station, convenience store and car wash that were not constructed;
and,
WHEREAS, Owner has petitioned for approval of a new Preliminary Plan for re -build of
the site, including a gas station and convenience store, and a special use for an automobile
laundry attached to said convenience store building pursuant to the following exhibits:
2
EXHIBIT A Legal Description of Property
EXHIBIT B Owner's Acceptance and Agreement concerning Planned Unit
Development and special use approval
EXHIBIT C Project narrative and variation requests by Buchanan Energy
Company (not dated)
EXHIIBT D Noise evaluation study for automobile laundry dated August 25,
2012 and July 25, 2012 by Acoustic Associates
EXHIBIT E Traffic Study Memorandum dated June 22, 2012 by Eriksson
Engineering Associates, Inc.
EXHIBIT F Layout Plan (Sheet C4) dated as last revised August 29, 2012 by
ARC Design Resources, Inc.
EXHIBIT G Landscape Plan (Sheet 1-1) dated as last revised August 29, 2012
by ARC Design Resources, Inc.
EXHIBIT H, H -1, H -2 Engineering plans (Sheet C5 — Grading Plan, Sheet C6 — Utility
Plan, Sheet C7 — Stormwater and Drainage Plan) dated as last
revised August 29, 2012 by ARC Design Resources, Inc.
EXHIBIT I, 1 -1, 1 -2 Building elevations, color (front, rear and side) dated June 25,
2012 by Steven Ginn Architects
EXHIBIT J Building floor plan (Sheet A101) dated July 2, 2012 by Kurtz
Associates Architects
EXHIBIT K Sign package (5 sheets) dated as last revised July 25, 2012 by
Omaha Neon Sign Co., Inc.
WHEREAS, the Village Plan Commission conducted a public hearing on August 1, 2012
concerning the petition for amendment of the Planned Unit Development and request for a
special use for an automobile laundry; and,
WHEREAS, the hearing conducted by the Plan Commission included variations of the
Village Zoning Ordinance pertaining to building setbacks and landscaped yards, variations of the
Village Development Ordinance pertaining to stormwater management and landscaping, and
variations of the Village Sign Code concerning the ground sign and wall signs, with said
variations of Village ordinances set forth in Section 2. of this Ordinance; and,
0 1 0
3
WHEREAS, the Plan Commission determined that the testimony and exhibits presented
by the Owner at the public hearing demonstrated that the proposed automobile laundry would
comply with.the criteria for a special use set forth in Section 17.28.040 of the Village Zoning
Ordinance and that sufficient testimony was provided to support the requested variations of
the Village Development Ordinance, Zoning Ordinance and Sign Code; and,
WHEREAS, the Plan Commission voted 5 to 2 to recommend approval of the
amendment of the Planned Unit Development, special use for the automobile laundry, and the
requested variations of the Village Development Ordinance, Zoning Ordinance, and Sign Code;
and,
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have
determined that the amendment the Planned Unit Development, approval of the special use for
the automobile laundry and variations of the Village Development Ordinance, Zoning Ordinance
and Sign Code as set forth in the exhibits hereto will allow appropriate development of the
Property and will be compatible with adjacent properties.
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 (the "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 approving the Third Amendment of the Planned Unit Development for the Property,
including a special use for an automobile laundry in the north portion of the convenience store
building pursuant to the exhibits hereto, with the following conditions:
A. Variations the Village Zoning Ordinance are granted for the signs as depicted on
the exhibits hereto:
i. Section 17.44.040.D.3. to allow a reduction of the transition yard
adjoining a residential property from 50 feet to 8.79 feet for a portion of
the proposed building.
ii. Section 17.44.040.D.4. to allow a reduction in the landscaped yards along
McHenry Road and Arlington Heights Road from 12 feet to 10.5. feet.
iii. Section 17.32.040.A to allow the accessory structure (trash enclosure) in
the west front yard.
B. Variations of the Village Development Ordinance are granted as depicted on the
exhibits hereto:
L1
0
L Section 16.50.030.E.1.c. to allow high- density polyethylene storm sewer
pipe in locations where the piping is an underground detention reservoir.
ii. Section 16.50.040.C.3.b.3 to eliminate the underdrains in the two existing
reconfigured detention basins.
iii. Section 16.50.040.D. concerning the setback and elevation of structures
and the parking lot from the high water level of a stormwater detention
facility.
iv. Section 16.50.150.8.4. to waive the requirement for a landscaped island
in the parking lot.
C. Variations of the Village Sign Code are granted as depicted in the exhibits hereto:
i. Section 14.16.030 Business Districts - to allow a second ground sign (car
wash menu board sign); to allow a changeable copy ground sign to be
located closer than 10 feet from the property line along McHenry Road;
to allow more than one wall sign; to allow the wall signs a total area of
156.3 square feet instead of 125 sq. ft. on the south elevation of the
building.
ii. Section 14.16.060 Ground Signs - to allow the electronic fuel station
ground sign area to be 79 square feet instead of 60 sq. ft.
iii. Section 14.16.070 Wall Signs - to allow more than one wall sign.
iv. Section 14.20.070 Electronic Message Signs - to allow the electronic fuel
station price digits to be 18 inches and 13 inches in height instead of 12
inches.
D. The final landscape plans are subject to approval by the Village Forester.
Replacement or compensation for removal of existing trees on the Property shall
be in accordance with the provisions of Section 16.50.120.0 of the Village
Development Ordinance.
E. Site development plans pursuant to the requirements of the Village
Development Ordinance are subject to approval by the Village Engineer.
F. Easements for utilities shall be provided on the Property at the direction of the
Village Engineer.
G. Notwithstanding representations on the exhibits hereto, the color of the
proposed vinyl fence shall be brown or a similar earth tone color approved by
the Village, and all exterior brick on the building and the accessory structure for
the trash enclosure shall be a brown color approved by the Village.
H. Merchandise, materials and equipment in areas outside the building shall be
maintained in a neat and orderly condition, and shall comply with the provisions
of Section 17.44.040.D.2. of the Village Zoning Ordinance. The location,
5
appearance and size of outdoor cabinets, containers and cages for products and
materials is subject to approval by the Village.
I. The hours of operation of the automobile laundry shall be limited to 6:00 a.m. to
10:00 p.m. daily.
J. It is understood and agreed that Owner has represented that site light and sound
created on the Property, including but not limited to the automobile laundry, will
be controlled to avoid impacts on adjacent properties. In the event that adjacent
" residents have concerns with site lighting or sound, Owner shall implement
appropriate mitigation measures as directed by the Village.
Section 3. This Ordinance supersedes Village Ordinance No. 2004 -31.
Section 4. This Ordinance shall be in full force and effect upon the submittal of the
executed Owner's Acceptance and Agreement, Exhibit B of this Ordinance. This Ordinance shall
not be codified.
AYES: 4 — Sussman, Terson, Stein, Ottenheimer
NAYS: 2 — Berman, Trilling
ABSENT: 0 — None
PASSED: September 10, 2012
ATTEST:
Villag erk
This document 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
APPROVED: September 10, 2012
APPROVED:
L1
0
0
EXHIBIT A — Legal description
Bucky's Express
1251 McHenry Road, Buffalo Grove, IL
Lot 1, Exxon -Mobil Subdivision, being a subdivision in the southeast quarter of Section 29, Township 43
North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois.
PIN: 15 -29- 301 -198
o _ o
7
EXHIBIT B
Bucky's Express
1251 McHenry Road, Buffalo Grove, IL
Owner's Acceptance and Agreement concerning approval of
Amendment to Planned Unit Development and
a special use for an automobile laundry
Buchanan Energy (N) LLC does hereby accept and agree to abide by and be bound by each of
the terms, conditions and limitations set forth in Ordinance No. 2012 -45 duly passed and
approved by the Village of Buffalo Grove, IL approving an amendment of the planned unit
development ordinance and special use for the Property to allow construction of the proposed
gas station, convenience store and automobile laundry.
Buchanan Energy (N) LLC,
&Lj By: P `A'L
Name (print): c V'� " H041
Title: eg- %.%c
STATE OF ILLINOIS) ss.
COUNTY OF COOK )
CERTIFICATE
I Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois. I further
certify that on September 10, 2012, the Corporate
Authorities of the Village passed and approved No.
20124An Ordinance Approving a Preliminary
Plan and Amendment of a Planned Unit
Development (PUD) Burdeen's Jeweler's LTD,
1151 Lake Cook Rd. prepared, and a copy of such
Ordinance was posted in and at the Village Hall,
commencing on September 18, 2012 and continuing
for at least ten days thereafter. Copies of such
Ordinance were also available for public inspection
upon request in the Office of Village Clerk.
Dated at Buffalo Grove, Illinois, this 18th day of
September, 2012
Village erk
By
9/5/2012
ORDINANCE NO. 2012 - 45
AN ORDINANCE APPROVING THE THIRD AMENDMENT
OF THE PLANNED UNIT DEVELOPMENT (PUD)
AND GRANTING A SPECIAL USE FOR THE
BUCKY'S EXPRESS GAS STATION,
CONVENIENCE STORE AND AUTOMOBILE LAUNDRY
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
PUD amendment concerning rebuild of the gas station
and convenience store and a special use for an automobile laundry,
1251 McHenry Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the site (hereinafter referred to as the "Property ") is legally described in
Exhibit A attached hereto; and,
WHEREAS, the Property is zoned in the B -3 Planned Business Center District, and is
currently occupied by a gas station and convenience store; and,
WHEREAS, Buchanan Energy (N) LLC ( "Owner ") is the owner of the Property; and,
WHEREAS, Village Ordinance No. 2004 -31 approved the second amendment of the
Planned Unit Development ( "PUD ") for the Property allowing redevelopment including
construction of a new gas station, convenience store and car wash that were not constructed;
and,
WHEREAS, Owner has petitioned for approval of a new Preliminary Plan for re -build of
the site, including a gas station and convenience store, and a special use for an automobile
laundry attached to said convenience store building pursuant to the following exhibits:
2
EXHIBIT A Legal Description of Property
EXHIBIT B Owner's Acceptance and Agreement concerning Planned Unit
Development and special use approval
EXHIBIT C Project narrative and variation requests by Buchanan Energy
Company (not dated)
EXHIIBT D Noise evaluation study for automobile laundry dated August 25,
2012 and July 25, 2012 by Acoustic Associates
EXHIBIT E Traffic Study Memorandum dated June 22, 2012 by Eriksson
Engineering Associates, Inc.
EXHIBIT F Layout Plan (Sheet C4) dated as last revised August 29, 2012 by
ARC Design Resources, Inc.
EXHIBIT G Landscape Plan (Sheet L1) dated as last revised August 29, 2012
by ARC Design Resources, Inc.
EXHIBIT H, H -1, H -2 Engineering plans (Sheet C5 — Grading Plan, Sheet C6 — Utility
Plan, Sheet C7 — Stormwater and Drainage Plan) dated as last
revised August 29, 2012 by ARC Design Resources, Inc.
EXHIBIT I, 1 -1, 1 -2 Building elevations, color (front, rear and side) dated June 25,
2012 by Steven Ginn Architects
EXHIBIT J Building floor plan (Sheet A101) dated July 2, 2012 by Kurtz
Associates Architects
EXHIBIT K Sign package (5 sheets) dated as last revised July 25, 2012 by
Omaha Neon Sign Co., Inc.
WHEREAS, the Village Plan Commission conducted a public hearing on August 1, 2012
concerning the petition for amendment of the Planned Unit Development and request for a
special use for an automobile laundry; and,
WHEREAS, the hearing conducted by the Plan Commission included variations of the
Village Zoning Ordinance pertaining to building setbacks and landscaped yards, variations of the
Village Development Ordinance pertaining to stormwater management and landscaping, and
variations of the Village Sign Code concerning the ground sign and wall signs, with said
variations of Village ordinances set forth in Section 2. of this Ordinance; and,
3
WHEREAS, the Plan Commission determined that the testimony and exhibits presented
by the Owner at the public hearing demonstrated that the proposed automobile laundry would
comply with.the criteria for a special use set forth in Section 17.28.040 of the Village Zoning
Ordinance and that sufficient testimony was provided to support the requested variations of
the Village Development Ordinance, Zoning Ordinance and Sign Code; and,
WHEREAS, the Plan Commission voted 5 to 2 to recommend approval of the
amendment of the Planned Unit Development, special use for the automobile laundry, and the
requested variations of the Village Development Ordinance, Zoning Ordinance, and Sign Code;
and,
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have
determined that the amendment the Planned Unit Development, approval of the special use for
the automobile laundry and variations of the Village Development Ordinance, Zoning Ordinance
and Sign Code as set forth in the exhibits hereto will allow appropriate development of the
Property and will be compatible with adjacent properties.
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 (the "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 approving the Third Amendment of the Planned Unit Development for the Property,
including a special use for an automobile laundry in the north portion of the convenience store
building pursuant to the exhibits hereto, with the following conditions:
A. Variations the Village Zoning Ordinance are granted for the signs as depicted on
the exhibits hereto:
L Section 17.44.040.D.3. to allow a reduction of the transition yard
adjoining a residential property from 50 feet to 8.79 feet for a portion of
the proposed building.
ii. Section 17.44.040.D.4. to allow a reduction in the landscaped yards along
McHenry Road and Arlington Heights Road from 12 feet to 10.5. feet.
iii. Section 17.32.040.A to allow the accessory structure (trash enclosure) in
the west front yard.
B. Variations of the Village Development Ordinance are granted as depicted on the
exhibits hereto:
9
i. Section 16.50.030.E.1.c. to allow high- density polyethylene storm sewer
pipe in locations where the piping is an underground detention reservoir.
ii. Section 16.50.040.C.3.b.3 to eliminate the underdrains in the two existing
reconfigured detention basins.
iii. Section 16.50.040.D. concerning the setback and elevation of structures
and the parking lot from the high water level of a stormwater detention
facility.
iv. Section 16.50.150.B.4. to waive the requirement for a landscaped island
in the parking lot.
C. Variations of the Village Sign Code are granted as depicted in the exhibits hereto:
i. Section 14.16.030 Business Districts - to allow a second ground sign (car
wash menu board sign); to allow a changeable copy ground sign to be
located closer than 10 feet from the property line along McHenry Road;
to allow more than one wall sign; to allow the wall signs a total area of
156.3 square feet instead of 125 sq. ft. on the south elevation of the
building.
ii. Section 14.16.060 Ground Signs - to allow the electronic fuel station
ground sign area to be 79 square feet instead of 60 sq. ft.
iii. Section 14.16.070 Wall Signs - to allow more than one wall sign.
iv. Section 14.20.070 Electronic Message Signs - to allow the electronic fuel
station price digits to be 18 inches and 13 inches in height instead of 12
inches.
D. The final landscape plans are subject to approval by the Village Forester.
Replacement or compensation for removal of existing trees on the Property shall
be in accordance with the provisions of Section 16.50.120.0 of the Village
Development Ordinance.
E. Site development plans pursuant to the requirements of the Village
Development Ordinance are subject to approval by the Village Engineer.
F. Easements for utilities shall be provided on the Property at the direction of the
Village Engineer.
G. Notwithstanding representations on the exhibits hereto, the color of the
proposed vinyl fence shall be brown or a similar earth tone color approved by
the Village, and all exterior brick on the building and the accessory structure for
the trash enclosure shall be a brown color approved by the Village.
H. Merchandise, materials and equipment in areas outside the building shall be
maintained in a neat and orderly condition, and shall comply with the provisions
of Section 17.44.040.D.2. of the Village Zoning Ordinance. The location,
5
appearance and size of outdoor cabinets, containers and cages for products and
materials is subject to approval by the Village.
I. The hours of operation of the automobile laundry shall be limited to 6:00 a.m. to
10:00 p.m. daily.
J. It is understood and agreed that Owner has represented that site light and sound
created on the Property, including but not limited to the automobile laundry, will
be controlled to avoid impacts on adjacent properties. In the event that adjacent
residents have concerns with site lighting or sound, Owner shall implement
appropriate mitigation measures as directed by the Village.
Section 3. This Ordinance supersedes Village Ordinance No. 2004 -31.
Section 4. This Ordinance shall be in full force and effect upon the submittal of the
executed Owner's Acceptance and Agreement, Exhibit B of this Ordinance. This Ordinance shall
not be codified.
AYES: 4 — Sussman, Terson, Stein, Ottenheimer
NAYS: 2 — Berman, Trilling
ABSENT: 0 — None
i
PASSED: September 10, 2012 APPROVED: September 10, 2012
ATTEST:
Village erk
This document 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
APPROVED:
!� i r�►� �:� 1 �►�i Ili �-
on
EXHIBIT A — Legal description
Bucky's Express
1251 McHenry Road, Buffalo Grove, IL
Lot 1, Exxon -Mobil Subdivision, being a subdivision in the southeast quarter of Section 29, Township 43
North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois.
PIN: 15 -29- 301 -198