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1996-010 1164 & A9 d am. 2/20/96 ORDINANCE NO. 96 - 10 SECOND AMENDMENT TO THE SEIGLE'S PLANNED UNIT DEVELOPMENT ORDINANCE Crate and Barrel Retail Store, 225 N. McHenry Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, Harry J. Seigle and Mark S. Seigle (hereinafter referred to as "Owner"), is the Owner of a certain tract of property consisting of Lots 1, 2 and 3 of Seigle's Resubdivision legally described in EXHIBIT A attached hereto, which exhibit is made a part hereof, (hereinafter referred to as the "Property") and which real estate is within the corporate limits of the Village; and, WHEREAS, the Property is zoned in the Village of Buffalo Grove by Ordinance 88-110, dated November 7, 1988, which zoned the Property as part of a Planned Unit Development in the B-2 District (Lots 1 and 3 and a portion of Lot 2) and B-4 District ( a portion of Lot 2), with approval of a Preliminary Plan dated October 31 , 1 a 1988 depicting a fast-food restaurant on Lot 1, a Seigle's Home and Building Center on Lot 2 and a future office building on Lot 3; and, WHEREAS, the first amendment to Ordinance 88-110 was approved by Ordinance 92-35 on April 6, 1992 allowing the construction of a gatehouse to serve the Seigle's Home and Building Center on Lot 2; and, WHEREAS, the Owner has ceased operation of the Seigle's Home and Building Center and now proposes to lease said building on Lot 2 to Crate and Barrel for operation of a retail outlet store; and, WHEREAS, Crate and Barrel proposes to use the Retail Space consisting of 28,054 square feet for retail sales and the Warehouse/Shipping area of 9,650 square feet for warehouse and storage as depicted on the Site Plan dated as last revised January 18, 1996 by JDM Associates and attached hereto as EXHIBIT B and incorporated herein; and, WHEREAS, the Owner has petitioned to the Village for approval of rezoning of Lot 2 of the Property to the B-3 District and amendment of the Planned Unit Development ordinance to allow said use by Crate and Barrel; and, WHEREAS, a notice of public hearing concerning rezoning to the B-3 District and amendment of the Planned Unit Development ordinance was was published and the Buffalo Grove Plan Commission has held a public hearing and made their recommendations; and, WHEREAS, the President and Board of Trustees after due and careful 2 consideration have concluded that the development of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. 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, 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 rezoning Lot 2 to the B-3 District and amending the Planned Unit Development ordinance subject to the following: A. Uses on Lot 2 of the Property are limited to the Crate and Barrel retail store and similar retail establishments selling consumer merchandise. "Similar retail establishments" does not include second hand stores, flea markets, food stores and liquor stores. Any uses on Lot 2 other than retail establishments selling consumer merchandise are subject to approval by the Village in its sole discretion. Uses shall comply with the applicable off-street parking requirements of the Village Zoning Ordinance. 3 B. Hours of operation of the Crate and Barrel store for the public are limited to 10:00 A.M. to 7:00 P.M. on Monday through Saturday, and 12:00 P.M. to 5:00 P.M. on Sunday. Any other hours of operation for Crate and Barrel are subject to prior approval by the Village Manager. It is understood and agreed that the hours of operation for other uses on Lot 2 are subject to Village approval, and the Village may limit said hours of operation. C. No merchandise shall be stored in any open areas, but may be kept and displayed for immediate sale or temporary display in the area along the front (west) wall of the building covered by the roof and enclosed by the existing fence and gates. Use of this area for sales and display shall be managed to ensure pedestrian safety and to avoid traffic congestion. D. The warehouse and perimeter warehouse depicted on EXHIBIT B shall not be used for the storage of merchandise or materials. Parking of vehicles is permitted within said warehouse structures. Said structures shall be maintained to prevent infestation by birds or other animals, shall be kept free of litter and debris and shall be kept in good repair to avoid any detrimental impacts on adjacent properties. E. Any signage for the Property shall conform to the Village Appearance Plan and Sign Code. If the Village determines that additional directional 4 signage is needed on or adjacent to the Property to manage traffic in the area, Owner shall install said signage as directed by the Village or shall pay for any directional signage installed by the Village. F. Owner has represented that retail use will be conducted only in the 28,054 square foot portion of the building on Lot 2 as depicted on EXHIBIT B. Any additional retail area is subject to Village approval, and applicable parking requirements as set forth in the Village Zoning Ordinance shall be met. G. The site plan for a two-story office building on Lot 3 as depicted on EXHIBIT B is not approved by this Ordinance and is subject to future approval by the Village. Lot 3 shall be properly maintained as required by Village regulations, and any refuse, debris or trash shall be removed and disposed of in a timely manner. H. Any provisions and conditions of Ordinances 88-110 and 93-35 not specifically modified by this Ordinance remain in effect. I. The agreements approved by the Village on March 21, 1989 and March 18, 1991 between the Village and Owner concerning outside display of merchandise and materials for the Seigle's Home and Building Center are null and void. Section 3. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. 5 AYES: 6 - Marienthal, Reid, Rubin, Braiman, Hendricks, Glover NAYES: 0 - None ABSENT: 0 - None PASSED: Februar 20, 1996 APPROVED: February 20, 1996 APPROVED: SIDNEY H. MATHIAS Village President ATTEST: Villa Clerk 6 EXHIBIT A LEGAL DESCRIPTION SECOND AMENDMENT TO THE SEIGLE'S PLANNED UNIT DEVELOPMENT ORDINANCE Crate and Barrel Retail Store, 225 N. McHenry Road SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 1 , 2 and 3 of Seigle's Resubdivision of part of Lots 7, 8 and all of Lot 11, in Buffalo Grove Manor, being a resubdivision of part of the southwest quarter of Section 33, Township 43 North, Range 11, east of the Third Principal Meridian Recorded as Document No. 701006, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The Seigle's Home and Building Center property, 225 N. McHenry Road, Buffalo Grove, IL.