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2002-028 5/20/2002 ORDINANCE NO. 2002-28 EIGHTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE Cosmic Zone Family Entertainment Center 350 McHenry Road Buffalo Grove Town Center Ordinance approving an amendment to the Planned Unit Development and approving a Special Use for a Family Entertainment Center in the Commercial/Recreational Sub-district of the B-5 Town Center District WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, Inland Real Estate,L.L.C., a Delaware limited liability company, (hereinafter referred to as"Owner"), is the Owner of a certain tract of property 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 was zoned in the Village of Buffalo Grove by Ordinance 86-61, dated November 3, 1986, which zoned the Property as part of a Planned Unit Development in the B-5 District, with the Property being zoned in the B-5 Commercial/Recreational Sub-District with approval of a Preliminary Plan dated November 1, 1986 and later approved with revisions on April 27, 1987; and, 2 WHEREAS,the Village approved Ordinance 98-9 dated February 17, 1998 (Thirteenth Amendment to the Town Center P.U.D.) granting a special use for operation of a supermarket on the Property; and, WHEREAS, said supermarket use has been terminated and the building is vacant; and, WHEREAS, William Feldgreber and Lester A. Ottenheimer III (hereinafter referred to as "Developer") have petitioned the Village for approval an amendment to the Planned Unit Development(P.U.D.) and approval of a special use to operate a family entertainment center on the Property pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Letter dated December 11, 2001 from Amlex Developers EXHIBIT C Floor plan of Cosmic Zone Family Entertainment Center EXHIBIT I) Parking Study dated April 8,2002 by Michael A. Werthmann,KLOA WHEREAS, the Village has allowed various amendments to the approved and amended P.U.D. to support the Town Center development; and, WHEREAS, pursuant to due notice,the Village Plan Commission has conducted a public hearing made its recommendation concerning the petition for amendment of the P.U.D. and approval of a special use for a family entertainment center; and, WHEREAS,the Village President and Board of Trustees after due and careful consideration have determined 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. 3 Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance amending the Town Center Planned Unit Development and approving a special use for a family entertainment center pursuant to the attached exhibits hereto and all other exhibits incorporated by reference herein, and subject to the conditions set forth in Section 3 of this Ordinance. Section 3. Development of the Property is subject to the following conditions: A. Developer shall provide a management plan concerning security for the facility, and said plan is subject to Village approval prior to issuance of a certificate of occupancy. B. Hours of operation are subject to applicable provisions of Chapter 5.40 of the Municipal Code. C. The game area, including the number of coin-operated amusement devices, is subject to applicable provisions of Chapter 5.12 of the Municipal Code. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 5—Braiman, Glover. Berman Johnson Trillin NAYES: 0—None AB SENT: 1 Kahn PASSED:May 20,2002 APPROVED: May 20, 2002 ATTEST: APPROVED: d &jL1t-11 6�M ZZZ4�_ - Vil Clerk ELLIOTT HARTST IN, Village President 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 4 EXHIBIT A Legal Description EIGHTEENTH AMENDMENT TO THE TOWN CENTER Cosmic Zone Family Entertainment Center 350 McHenry Road Buffalo Grove Town Center 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. PIN: 15-33-304-161 e 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 May 21, 2002, the Corporate Authorities of the Village passed and approved Ordinance No.2002-28, entitled: EIGHTEENTH AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT ORDINANCE (Cosmic Zone Family Entertainment Center) which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2002-28, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on May 22, 2002, 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 22nd day of May,2002. Villao Clerk By