2012-03-05 - Ordinance 2012-008 - APPROVING THE THIRD AMENDMENT TO THE PLAZA VERDE EAST SHOPPING CENTER PUD2/29/2012
ORDINANCE NO. 2012 8
AN ORDINANCE APPROVING THE THIRD AMENDMENT
TO THE PLAZA VERDE EAST SHOPPING CENTER
PLANNED UNIT DEVELOPMENT (PUD)
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Special use for a restaurant drive - through facility
1205 -1209 Dundee Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the Plaza Verde East shopping center is comprised of two real estate parcels,
known as Lot 1(1.386 acres) and Lot 2 (9.2 acres) as legally described in Exhibit A attached hereto;
and,
WHEREAS, Lot 2 is occupied by shopping center buildings of 90,558 square feet and a multi -
tenant building (1205 -1209 Dundee Road) of 7,191 square feet, and,
WHEREAS, Chicago Title Land Trust Company as Trustee under Trust Agreement dated
August 6, 1999 and known as Trust Number 5835 is the Owner of Lot 2 (hereinafter referred to as
the "Property ") including said shopping center buildings and restaurant; and,
WHEREAS, Village Ordinance No. 99 -103 approved the first amendment of the Planned
Unit Development (PUD) for the Plaza Verde East shopping center, including a Preliminary Plan
pursuant to the Village Development Ordinance and Zoning Ordinance; and,
WHEREAS, the Village approved the second amendment to the PUD by Village Ordinance
No. 2011 -23 to allow construction of the building at 1205 -1209 Dundee Road; and,
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WHEREAS, Aetna Development Corporation (hereinafter referred to as "Petitioner" or
"Developer "), as agent of the Owner, constructed the building at 1205 -1209 Dundee Road to
accommodate spaces for three tenants; and,
WHEREAS, the business proposing to occupy the tenant space at 1205 Dundee Road
requests a drive - through facility on the east side of the building to serve customers; and,
WHEREAS, Aetna Development has filed a petition requesting amendment of the PUD and
approval of a special use for said drive - through facility; and,
WHEREAS, the proposed modification of the Preliminary Plan and the special use for the
drive - through facility require amendment of the Planned Unit Development forthe Property, and
Owner has requested said amendment pursuant to the following exhibits:
EXHIBIT A Legal Description of Property
EXHIBIT B Petitioner's and Owner's Acceptance and Agreement concerning
Planned Unit Development approval
EXHIBIT C Site Plan (overall shopping center) dated as last revised February 27,
2012 by KMA & Associates
EXHIBIT D Site Plan (1205 -1209 Dundee Road building) dated as last revised
February 27, 2012 by KMA & Associates
EXHIBIT E Tree Inventory and Preservation Plan dated as last revised February
27, 2012 by David R. McCallum Associates
EXHIBIT F Landscape Development Plan dated as last revised February 27,
2012 by David R. McCallum Associates
EXHIBIT G -1 -3 Section drawings depicting building elevations and setbacks for
drive - through facility (Sheets 2A, 2B and 2C) dated as last revised
February 27, 2012 by KMA & Associates
EXHIBIT H -1, H -2 Exterior building elevations — north and east elevations (Sheet 3A)
dated as last revised January 18, 2012, and south and west
elevations (Sheet 4A) dated as last revised January 18, 2012 by KMA
& Associates
EXHIBIT I Traffic and parking analysis memorandum dated February 15, 2012
by Sam Schwartz Engineering
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WHEREAS, the Village Plan Commission conducted a public hearing on February 15, 2012
concerning the petition for amendment of the Planned Unit Development and request for a special
use for a drive - through facility, including variations of the Village Zoning Ordinance pertaining to
off - street parking required by Section 17.36.040.F.2, Section 17.36.040.F.3 concerning vehicle
stacking spaces for a drive - through facility and Section 17.44.040.D.4 concerning the building
setback and landscaped yard on the east side of the site; and,
WHEREAS, the Plan Commission determined that the testimony and exhibits presented by
the Petitioner at the public hearing demonstrated that the proposed drive- through facility 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 Ordinance; and,
WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of the amendment of
the Planned Unit Development, special use for the drive - through facility, and the requested
variations of the Village Zoning Ordinance; 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 drive - through facility and variations of the Village Zoning Ordinance 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 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 Plaza Verde
East shopping center, including a special use for a drive - through facility to be constructed on the
east side of the building pursuant to the exhibits hereto, with the following conditions:
a. A variation of Section 17.36.040.F.2 of the Village Zoning Ordinance is granted to
allow a reduction of 18 parking spaces for the Property for an overall total of 493
spaces, based on the parking demand analysis set forth in Exhibit I hereto.
b. A variation of Section 17.36.040.F.3 of the Village Zoning Ordinance is granted to
allow eight stacking spaces for vehicles instead of ten spaces for the customer
service lane of the drive - through facility.
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C. Variations of Section 17.44.040.D.4 of the Village Zoning Ordinance are granted to
allow a building setback of 23 feet and a landscaped yard of 10 feet.in width along
the east side of the Property adjacent to Arlington Heights Road.
d. The final landscape plan is subject to approval by the Village Forester
e. Site development plans are subject to approval by the Village Engineer.
f. Easements for utilities, specifically relieving the Village of the responsibility for the
restoration of private improvements constructed therein, shall be provided on the
Property at the direction of the Village Engineer.
g. The locations of signs for pedestrian crossings of the drive - through lane are subject
to approval by the Village.
h. Signs depicted on the exhibits hereto are not approved by this Ordinance. Signs are
subject to the regulations and procedures set forth in the Village Sign Code.
Section 3. The terms and conditions of approval set forth in Village Ordinance No. 99 -103 and
Ordinance No. 2011 -23 remain in full force and effect unless specifically modified by this
Ordinance.
Section 4. This Ordinance shall be in full force and effect upon the submittal of the executed
Petitioner's and Owner's Acceptance and Agreement, Exhibit B of this Ordinance. This Ordinance
shall not be codified.
AYES:
NAYS:
ABSENT:
PASSED:
ATTEST:
6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
0 — None
0 — None
March 5, 2012
L-Atillage Clerk
APPROVED: March 5, 2012
IMAN, Village President
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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
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EXHIBIT A — Legal description
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Plaza Verde East shopping center
1205 -1349 Dundee Road, Buffalo Grove, IL
Lot 2 of the Barbara Resubdivision of Lot 2 in Plaza Verde Unit One, being a subdivision in part of
the northeast quarter of the northeast quarter of Section 7, Township 42, Range 11 East of the
Third Principal Meridian, recorded as Document 00818536, in Cook County, Illinois.
PIN: 03 -07- 201 - 022 -0000
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EXHIBIT B
Plaza Verde East shopping center
1205 -1349 Dundee Road, Buffalo Grove, IL
Ugtiioner's and Owner's Acceptance and AareemeniconcerialnR ap2roval of
Planned n�gvvelopment
Aetna Development Corporation Chicago Title Land Trust Company, as Trustee under Trust
Agreement dated August 6, 1999 and known as Trust Number 5835 do hereby accept and agree to
abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No.
2012 -8 duly passed and approved by the Village of Buffalo Grove, IL approving an amendment of
the planned unit development ordinance for the Property to allow construction of the proposed
commercial building,
Aetna Devglfo4n)tdt Corporation
By:
Name (print):
t��r►.. � � 'L ' Sly
Chicago Title La rust Company, as Trustee under
Trust Agreeme ated Au ust 6, 1999 and known as
Trust Number 35
By:
Name ( rint): y,I .,,
Title: r°fl<L -1- ► as