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1993-082 10/1 /93 ORDINANCE NO. 93- 82 AMENDMENT TO THE BUFFALO GROVE BUSINESS PARK PLANNED UNIT DEVELOPMENT ORDINANCE Outback Steakhouse WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Hamilton Partners, Inc. (hereinafter referred to as the "Developer") is the owner of a certain tract of property comprising approximately 1 .1 acres labeled as Parcel A and legally described in EXHIBIT A attached hereto, and Riggs National Bank of Washington, D.C. as Trustee for the Multi-Employer Property Trust Fund is the owner of a certain tract of property labeled as Parcel B and legally described in EXHIBIT A attached hereto, and which Parcels A and B are within the corporate limits of the Village; and, WHEREAS, Parcel A was zoned in the B-1 Business District and was given Preliminary Plan approval for a restaurant with a floor area of 4,844 square feet by Ordinance 87-44 approving a Planned Unit Development; and, WHEREAS, Parcel B was zoned in the Office and Research District by Ordinance 87-44 approving a Planned Unit Development and was part of a Preliminary Plan dated November 4, 1987 for a four-story office building approved by the Village on November 23, 1987; and, WHEREAS, the Developer has petitioned the Village to amend the Planned Unit Development approved by Ordinance 87-44 to allow construction of a restaurant with a floor area of 6,200 square feet on Parcel A pursuant to a Preliminary Plan dated September 10, 1993 attached hereto as EXHIBIT B, and to modify the private road and parking area on the Preliminary Plan dated November 4, 1987 approved on November 23, 1987 pursuant to the Site Plan dated September 7, 1993 attached hereto as EXHIBIT C and the Landscape Plan dated September 9, 1993 attached hereto as EXHIBIT D, and subject to all other exhibits attached hereto or incorporated by reference herein; and, WHEREAS, pursuant to due notice and advertisement in the manner provided by law, the Plan Commission of the Village has held a public hearing and made its recommendation pursuant to Chapter 17.28 and Sections 17.44.020, 17.44.040 and 17.48.010 of the Zoning Ordinance and Section 1 z 16.50.070 of the Development Ordinance with respect to the requested Preliminary Plan, Site Plan, Planned Unit Development amendment and ordinance variations; and WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the zoning and development of the Property described as Parcel A and Parcel B on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village; and, WHEREAS, the President and Board of Trustees of the Village (sometimes hereafter referred to as the "Corporate Authorities") do hereby find that the evidence presented meets the requirements for a Preliminary Plan, a Planned Unit Development and the requested variations. NOW, THEREFORE, be it ordained by the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois: 1 . Applicable Law. 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. 2. A proval of Amendment. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amendment to the Planned Unit Development for the Property legally described in EXHIBIT A, subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said amendment shall be further conditioned on the development of the Property in accordance with the Preliminary Plan (EXHIBIT B) , the Site Plan (EXHIBIT C) and the Landscape Plan (EXHIBIT- D) attached hereto. 3. Compliance with Applicable Ordinances. Development of the Property shall comply with the provisions of Ordinance 87-44, except as amended herein. 3 4. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Developer or the witnesses during the hearings held before the Plan Commission and Corporate Authorities prior to the execution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Ordinance, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection by the Parties hereto. EXHIBIT A Legal Description EXHIBIT B Preliminary Plan (Sheet C1 .1 labeled as Dimensional Site Plan and Rendered Site Plan) dated as last revised September 10, 1993 by GPA Architects. EXHIBIT C Site Plan (Sheet C1 .2) dated as last revised September 7, 1993 by GPA Architects and Cowhey Gudmundson Leder, Ltd. EXHIBIT D Landscape .Plan dated as last revised September 9, 1993 by the Brickman Group, Ltd. EXHIBIT E South Elevation of Outback Steakhouse (Sheet A-5) dated July 13, 1993 by GPA Architects EXHIBIT F Floor Plan (Sheet FS-1 ) dated April 23, 1993. 5. Special Conditions A. The following variation to the Village's Development Ordinance is hereby granted for the parking area on Parcel B as depicted on EXHIBIT C: Section 16.50.070.D.2 - to allow a private road pavement width of 26.5 feet (back of curb to back of curb) . B. The following variation to the Village's Zoning Ordinance is hereby granted for the parking area on Parcel B as depicted on EXHIBIT C : Section 17.48.010.F.5 - to allow parking spaces in the 15-foot landscaped yard along a private road. 4 C. The proposed restaurant building, signage, and landscaping on Parcels A and B are subject to review and approval by the Village Appearance Commission. D. The proposed restaurant shall not be a 24-hour per day operation, and hours of operation are subject to applicable Village regulations. 6. Effect. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES:_ 6 - Marienthal Reid Kahn Rubin Braiman Hendricks NAYES: 0 - None ABSENT: 0 - None PASSED October 4, 1993 APPROVED: October 4 1993 APPROVED: I N H. ATHIAS, Vi age resident ATTEST: VilaClerk 2 PARCEL B - Parking area of•750 Lake-Cook Road Office Building Lot 2, Buffalo Grove Business Park Unit 9, being a subdivision in the north 1 /2 of Section 5, Township 42 North, Range 11 , East of the Third Principal Meridian, in Cook County, Illinois and in the south 1 /2 of Section 32, Township 43 North, Range 11 , East of the Third Principal Meridian, in Lake County, Illinois SUBJECT PROPERTY COMMON DESCRIPTION: Parcel A - The 1 .1 acre parcel at the northeast corner of Lake-Cook Road and Weidner Road.