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2017-11-06 - Ordinance 2017-047 - GRANTING PLAT OF SUBDIVISION AND AMENDMENT TO ORD 71-33, VARIATIONS TO SIGN CODEORDINANCE NO. 2017 - 047 GRANTING A PLAT OF SUBDIVISION AND AN AMENDMENT TO ORDINANCE 0-71-33 WITH VARIATIONS TO THE VILLAGE OF BUFFALO GROVE ZONING ORDINANCE AND SIGN CODE Plaza Verde West Shopping Center 1315-1515 W Dundee Road, Buffalo Grove, IL WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ("Property") hereinafter legally described in Exhibit A is zoned in the B3 Planned Business Center District and is commonly known as 1315-1515 W Dundee Road, Buffalo Grove, Illinois; and, WHEREAS, the Village approved Ordinance 0-71-33 granting a Planned Development for the Property; and, WHEREAS, EP SEF III PV, LLC, ("Petitioner") proposes to make enhancements to the Property by constructing a new sign and resubdivide the Property; and, WHEREAS, said site improvements require an amendment to Ordinance 0-71-33, along with a Plat of Subdivision and a variation to Section 17,44,040 of the Buffalo Grove Zoning Ordinance and variations to Section 14.16.060 of the Sign Code; and, WHEREAS, said Exhibits attached hereto shall supersede any requirements set forth in Ordinance 0-71-33; and WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on October 18, 2017 concerning the petition for the amendment, Plat of Subdivision and variations; and, WHEREAS, the Planning & Zoning Commission determined that the petition meets the standards for variations as set forth in the Buffalo Grove Municipal Code; and, WHEREAS, the Plan Commission voted 6 to 0 to recommend approval of the changes to Ordinance 0-71-33 allowing for a Plat of Subdivision and a variation to Section 17.44.040 of the Buffalo Grove Zoning Ordinance and variations to Section 14.16.060 of the Sign Code; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that the standards for variation have been met, as set forth in Section 17.52.070 of the Village of Buffalo Grove Zoning Ordinance, in that the Petitioner has shown: (1) The property in question 2 cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the zoning district in which it is located except in the case of residential zoning districts, (2) The plight of the owner is due to unique circumstances, and (3) The proposed variation will not alter the essential character of the neighborhood; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove hereby determine and find that the requested sign variations are in harmony with the general purpose and intent of the Sign Code (Title 14 of the Buffalo Grove Municipal Code), and that the Petitioner has shown: (1) That the proposed signage is of particularly good taste; and (2) The entire site has been particularly well landscaped; and, WHEREAS, the proposed improvements shall be constructed in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Preliminary Plan Set, including site plan, plat of subdivision, landscaping plan and signage plans 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 Sign Code 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 grant approval of the changes to Ordinance 0- 71-33 allowing for a Plat of Subdivision and a variation to Section 17.44.040 of the Buffalo Grove Zoning Ordinance and variations to Section 14.16.060 of the Sign Code subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. The final plat of subdivision shall be revised in a manner acceptable to the Village Attorney. 3. The Declaration of Easements, Covenants, Conditions and Restrictions shall be revised in a manner acceptable to the Village Attorney. 4. Any future redevelopment of lots 1, 2 and 3 shall be subject to the review and approval by the Village. 3 5. The proposed freestanding sign shall be revised and located in a manner acceptable to the Village. The sign shall be setback a minimum of 21' from the right-of-way and shall not create a line of sight issue. Section 3. This Ordinance shall be in full force and effect from and after its passage, and approval. This Ordinance shall not be codified. AYES: 6 — Berman Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYES: 0 - None ABSENT: 0 - None PASSED: November 6, 2017. APPROVED: November 6, 2017. APPROVED: Beverly President ATTEST: Janet IVI. Sirabian, Village Clerk m EXHIBIT A LEGAL DESCRIPTION Plaza Verde West Shopping Center 1315-1515 W Dundee Road, Buffalo Grove, IL SUBJECT PROPERTY LEGAL DESCRIPTION: PARCEL 1: LOTS 1 AND 2 IN PLAZA VERDE UNIT TWO, A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL 2: A NON-EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 AS CREATED BY DECLARATION AND AGREEMENT OF EASEMENT RECORDED SEPTEMBER 29, 1975 AS DOCUMENT 23237771 OVER THE FOLLOWING DESCRIBED LAND: LOT 1 IN PLAZA VERDE UNIT ONE BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS PARCEL INDEX NUMBER: 03-07-201-023, 03-07-201-024, 03-07-201- 025, 03-07-201-026, and 03-07-201-027 SUBJECT PROPERTY COMMON ADDRESS: 1315-1515 W Dundee Road, Buffalo Grove, IL EXHIBIT B Preliminary Plan Set, including site plan, plat of subdivision, landscaping plan and signage plans Plaza Verde West Shopping Center 1315-1515 W Dundee Road, Buffalo Grove, IL SIONMIIA0890WAng 83IN30 ONiddOHS 308A VMd ,T ........... 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