2013-06-17 - Ordinance 2013-032 - 23RD AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT, BRUNSWICKS 6/17/2013
ORDINANCE NO. 2013—32
TWENTY—THIRD AMENDMENT TO THE TOWN CENTER PLANNED UNIT DEVELOPMENT
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 and variations of the Village Sign Code
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, Leiserv, Inc. will operate on the Property under the assumed name
Brunswick's— Buffalo Grove; and,
WHEREAS, Village Ordinance No. 2002-28, the eighteenth amendment of the Buffalo
Grove Town Planned Unit Development, approved a special use for a family entertainment
center known as the Cosmic Zone Family Entertainment Center pursuant to Chapter 17.28 and
Section 17.44.060.C.1.e.11 of the Village Zoning Ordinance; and,
WHEREAS, eSkape Entertainment Center replaced Cosmic Zone as the entity operating
said entertainment center pursuant to Ordinance No. 2002-28; and,
WHEREAS, eSkape Entertainment Center was granted amendments of the special use by
Ordinance No. 2010-10 and Ordinance No. 2011-25; and,
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WHEREAS, eSkape Entertainment Center has ceased operation of the family
entertainment center on the Property; and,
WHEREAS, Owner (hereinafter sometimes referred to as the "Operator") has petitioned
to the Village for approval of a special use to operate a family entertainment center on the
Property pursuant to the provisions of Section 17.44.060.C.1e.11. of the B-5 Town Center
zoning district and for variations of the Village Sign Code (Title 14 of the Buffalo Grove Municpal
Code); and,
WHEREAS, the proposed facility shall be developed and operated in accordance with
and pursuant to the following exhibits, which are made a part hereof:
EXHIBIT A Legal Description
EXHIBIT B Owner Acceptance and Agreement
EXHIBIT C Exterior building elevation (perspective rendering, color)
dated March 15, 2013
EXHIBIT D Building elevations dated March 15, 2013
EXHIBIT E Building floor plan dated April 29, 2013
EXHIBIT F Proposed site plan dated May 8, 2013
EXHIBIT G Proposed patio plan dated May 6, 2013
GROUP EXHIBIT H Sign package dated as last revised April 22, 2013
GROUP EXHIBIT I Parking plans (Sheets 1, 2 and 3) dated May 8, 2013 by
Haeger Engineering
WHEREAS, notice of the public hearing concerning the petition for the special use and
variations of the Village Sign Code was given, and the public hearing was held by the Buffalo
Grove Plan Commission on June 5, 2013; and,
WHEREAS, the Plan Commission determined that the proposed special use meets the
criteria set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance, and that said use
is appropriate for the Property and would not have detrimental impacts on adjacent properties;
and,
WHEREAS, the Plan Commission voted 6 to 0 to recommend approval of the special use
to allow operation of a family entertainment center on the Property pursuant to the provisions
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of Section 17.44.060.C.1e.11. of the B-5 Town Center zoning district, including variations of the
Village Sign Code as set forth in the exhibits hereto; and,
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that approval of the special use and variations of the Village Sign Code on the terms
and conditions herein is an appropriate use for the Property, and said use will be compatible
with 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 a special use for Leiserv, Inc. and amending the Town Center Planned Unit
Development and granting variations of the Village Sign Code for the Property legally described
in Exhibit A hereto for operation of a family entertainment center in accordance with the
provisions of Section 17.44.060.C.1e.11. of the B-5 Town Center zoning district and subject to
the conditions set forth in Section 3 of this Ordinance.
Section 3. The special use is subject to the following:
A. Modifications to the Property shall be in accordance with the exhibits hereto.
B. The following variations of the Village Sign Code,Title 14 of the Buffalo Grove
Municipal Code are hereby granted in accordance with the exhibits hereto:
Section 14.16.030—to allow the ground sign to have "an occupancy within an
occupancy" for the purpose of listing both "Brunswick's" and "Tavern '45" on
the sign.
Section 14.16.070—to allow more than one wall sign on the building; and to
allow the areas of the two walls signs on the south side of the building to exceed
20 percent of the respective background areas (facade elements).
C. The outside patio area shall be used for customer seating. Said area shall be
managed to avoid impacts, including noise and lighting, for adjacent properties.
In the event that adjacent residents or businesses file complaints concerning
noise or related issues pertaining to use of the outside patio area, Owner shall
take appropriate mitigation measures at the direction of the Village.
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D. The special use is granted to Leiserv, Inc. and does not run with the land.
E. The special use granted to Leiserv, Inc. is assignable to subsequent
petitioners, seeking assignment of this special use as follows:
1. Upon application of a petitioner seeking assignment of this special use, the
Corporate Authorities, in their sole discretion, may refer said application of
assignment to the appropriate commission(s) for a public hearing or may
hold a public hearing at the Village Board.
2. Such assignment shall be valid only upon the adoption of a proper, valid and
binding ordinance by the Corporate Authorities granting said assignment,
which may be granted or denied for any reason.
Section 4. This Ordinance shall be in full force and effect upon the submittal to and
approval by the Village of the executed Acceptance and Agreement (Exhibit B hereto). This
Ordinance shall not be codified.
AYES: 5— Berman Trilling,Terson Stein Ottenheimer
NAYS: 1—Sussman
ABSENT: 0—None
PASSED: June 17„ 2013
APPROVED: June 17, 2013
ATTEST: APPROVE
Wage Clerk effr iman, Village President
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This document was prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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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
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 June 17, 2013, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2013-32, AN ORDINANCE
APPROVING AN AMENDMENT TO THE PUD &
APPROVING A SPECIAL USE FOR A FAMILY
ENTERTAINMENT CENTER IN THE
COMMERCIAL/RECREATIONAL SUB-
DISTRICT OF THE B-5 TOWN CENTER
DISTRICT AND VARIATIONS OF THE VILLAGE
SIGN CODE„ a copy of such Ordinance was posted
in and at the Village Hall, commencing on June 18,
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 18th day of
June,2013.
-S, h
( r
i ge Clerk
By