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2013-10-07 - Ordinance 2013-069 - AMENDING VILLAGE ORDINANCE NO. 2013-032, VBG COOK AND LAKE COUNTIES, IL, LEISERV INC, BRUNSWICK'S - BG9/25/2013 • 1 r • ORDINANCE NO. 2013 — 69 AMENDING VILLAGE ORDINANCE NO. 2013 -32 VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Leiserv, Inc. Brunswick's — Buffalo Grove 350 McHenry Road WHEREAS, the Village of Buffalo Grove is Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ( "Property ") attached hereto is zoned as part of a Planned Unit Development (PUD) in the Commercial /Recreational sub- district of the B -5 Town Center District; and, WHEREAS, Leiserv, Inc., a Delaware corporation, is the owner ( "Owner ") of the Property; and, WHEREAS, the Village approved Ordinance No. 2013 -32 granting a special use for the operation of a family entertainment center on the Property; and. WHEREAS, Ordinance No. 2013 -32 approved exhibits pertaining to renovation of the building and parking areas; and, WHEREAS, Exhibit G of Ordinance No. 2013 -32 depicts an outdoor patio area enclosed by a fence five (5) feet in height and screened by landscaping; and, WHEREAS, Owner has requested modification of Exhibit G to Ordinance No. 2013 -32 to allow the fence height to be four (4) feet and to add rope lighting in said patio area as depicted on Exhibit B and Exhibit B -1 hereto; and, WHEREAS, Owner has represented that the reduced fence height will not have any appreciable effects on noise levels from the patio, and Owner reaffirms its intent to fully comply with Section 3.C. of Ordinance No. 2013 -32 pertaining to management of impacts related to use of the patio area; and, 9 . ' 0 2 WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that reduction of the patio fence from five (5) feet to four (4) feet and the addition of rope lighting are reasonable modifications that will be compatible with the Town Center shopping center and adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLIONOIS: Section 1. 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving modification of Exhibit G to Ordinance No. 2013 -32 as depicted on Exhibits B and B -1 hereto allowing the patio fence height to be four (4) feet and allowing the use of rope lighting subject to the conditions set forth in Section 3 of this Ordinance. Section 3. The special use is subject to the following: A. The terms and conditions of Village Ordinance No. 2013 -32 remain in full force and effect except as modified by this Ordinance. B. Lighting installed in the patio area is subject to review and approval by the Village. The rope lighting shall be steady burning with no blinking, chasing, flasing or strobing. C. Modifications of the exhibits hereto are subject to approval by the Village. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 — Berman, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 1 - Trilling PASSED: October 7, 2013 APPROVED: October 7, 2013 E 3 ATTEST: APPROVED: Vi age Clerk This document was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 0 Village President 4 EXHIBIT A Legal Description Lot 2, Buffalo Grove Town Center Unit 8, being a resubdivision of Lot 2 in Buffalo Grove Town Center Unit 5, in the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 350 McHenry Road, Buffalo Grove, Illinois. PIN: 15 -33- 304 -161 JI El 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 October 7, 2013, the Corporate Authorities of the Village passed and approved Ordinance No. 2013 -69, AN ORDINANCE AMENDING VILLAGE ORDINANCE NO. 2013 - 32,VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS, a copy of such Ordinance was posted in and at the Village Hall, commencing on October 8, 2013 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 8th day of October, 2013. 9/25/2013 ORDINANCE NO. 2013 — 69 AMENDING VILLAGE ORDINANCE NO. 2013-32 VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Leiserv, Inc. Brunswick's — Buffalo Grove 350 McHenry Road WHEREAS, the Village of Buffalo Grove is Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ( "Property ") attached hereto is zoned as part of a Planned Unit Development (PUD) in the Commercial /Recreational sub- district of the B -5 Town Center District; and, WHEREAS, Leiserv, Inc., a Delaware corporation, is the owner ( "Owner ") of the Property; and, WHEREAS, the Village approved Ordinance No. 2013 -32 granting a special use for the operation of a family entertainment center on the Property; and. WHEREAS, Ordinance No. 2013 -32 approved exhibits pertaining to renovation of the building and parking areas; and, WHEREAS, Exhibit G of Ordinance No. 2013 -32 depicts an outdoor patio area enclosed by a fence five (5) feet in height and screened by landscaping; and, WHEREAS, Owner has requested modification of Exhibit G to Ordinance No. 2013 -32 to allow the fence height to be four (4) feet and to add rope lighting in said patio area as depicted on Exhibit B and Exhibit B -1 hereto; and, WHEREAS, Owner has represented that the reduced fence height will not have any appreciable effects on noise levels from the patio, and Owner reaffirms its intent to fully comply with Section 3.C. of Ordinance No. 2013 -32 pertaining to management of impacts related to use of the patio area; and, 2 WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that reduction of the patio fence from five (5) feet to four (4) feet and the addition of rope lighting are reasonable modifications that will be compatible with the Town Center shopping center and adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLIONOIS: Section 1. 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving modification of Exhibit G to Ordinance No. 2013 -32 as depicted on Exhibits B and B -1 hereto allowing the patio fence height to be four (4) feet and allowing the use of rope lighting subject to the conditions set forth in Section 3 of this Ordinance. Section 3. The special use is subject to the following: A. The terms and conditions of Village Ordinance No. 2013 -32 remain in full force and effect except as modified by this Ordinance. B. Lighting installed in the patio area is subject to review and approval by the Village. The rope lighting shall be steady burning with no blinking, chasing, flasing or strobing. C. Modifications of the exhibits hereto are subject to approval by the Village. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 — Berman, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 1- Trilling PASSED: October 7, 2013 APPROVED: October 7, 2013 ATTEST: Vi age Clerk This document was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 3 EXHIBIT A Legal Description Lot 2, Buffalo Grove Town Center Unit 8, being a resubdivision of lot 2 in Buffalo Grove Town Center Unit 5, in the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 350 McHenry Road, Buffalo Grove, Illinois. PIN: 15 -33- 304 -161