2014-08-04 - Ordinance 2014-056 - APPROVING REZONING AND SPECIAL USE FOR AN AUTOMOBILE LAUNDRY AT 55 DUNDEE RDAfter recording mail to:
Village Clerk
Village of Buffalo Grove
Village of Buffalo Grove
5DRauppBoulevard
Buffalo"Grove, IL 60089
A�l ORDINANCE APPROVING REZONING
TO THE B-2 GENERAL RETAIL BUSINESS DISTRICT AND
APPROVING A SPECIAL USE FOR AN AUTOMOBILE LAUNDRY
55 Dundee Road
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, the subject site commonly known as 55 Dundee Road and hereinafter
referred to as the "Property", is legally described in Exhibit A attached hereto; and,
WHEREAS, EDR Unique, LLC, an Illinois limited liability company, is the owner of the
Property (hereinafter referred to as the "Owner"); and,
WHEREAS, Owner proposes to continue using the property for the current automotive
repair and vehicle washing activities; and,
WHEREAS, the Property is zoned in the B-1 Limited Retail Business District; and,
WHEREAS, said automotive repair activities and vehicle washing are not allowed uses in
the 8-1 District, and,
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WHEREAS, Owner, represented by Regina W4e|rnan as manager mfEDR Unique, LLC, has
petitioned to the Village of Buffalo Grove for rezoning of the Property to the B-2 District and
approval of a special use in the B-2 District to operate an automobile laundry; and,
WHEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning
Commission held a public hearing and made its findings and recommendation pursuant to the
requested rezoning to the B-2 District with a special use for an automobile laundry; and,
WHEREAS, the Planning & Zoning Commission determined that the petition meets the
criteria for a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance;
and,
WHEREAS, the Planning & Zoning Commission voted 8 to 0 to recommend approval of
rezoning to the B-2 District and approval of a special use for operation of an automobile
laundry, and;
WHEREAS, the President and Board of Trustees of the Village find that rezoning of the
Property to the B-2 District and approval of a special use for an automobile laundry to allow
continuation of the current uses on the Property is consistent with the Village's planning for the
area and is compatible with the use and zoning of adjacent properties; and,
WHEREAS, the President and Board of Trustees of the Village after due and careful
consideration have determined that use of 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.
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. Enactment of Zonine Ordinance. The Corporate Authorities hereby rezone the
Property to the B-2 General Retail Business District with a special use for the existing
automobile laundry in compliance with all applicable ordinances of the Village as amended
from time bmtime.
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3. Compliance with Applicable Ordinances. Owner shall comply with all ordinances
of the Village as amended from time to time in the use and development of the Property,
provided that all new ordinances' amendments, rules and regulations relating to zoning,
building and subdivision of land adopted by the Village after the date of this Ordinance shall not
be arbitrarily or discriminatorily applied to the Property but shall be equally applicable tm all
property similarly zoned and situated to the extent possible.
4. Exhibits. The following Exhibits, some of which were presented in testimony
given by the Owner during the hearing held before the Planning & Zoning Commission prior to
the execution of this Ordinance, are hereby incorporated by reference herein, made a part
hereof and designated as shown below.
EXHIBIT Legal Description
EXHIBIT Owner Acceptance and Agreement
EXHIBIT Plat of Survey dated November l98I
5. Enforceability of the Ordinance., This Ordinance shall be enforceable in any court
of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to
secure the performance mf the covenants herein described. |f any provision of this Ordinance is
held invalid, such provisions shall be deemed to be excised herefronm and the invalidity thereof
shall not affect any of the other provisions contained herein.
6. Binding Effect of Ordinance. This Ordinance shall be binding upon the Property,
the parties hereto and their respective grantees, successors and assigns.
7. Corporate Capacities. The parties acknowledge and agree that the individuals
that are members of the group constituting the Corporate Authorities are enacting this
Ordinance in their official capacities as members of such group and shall have no personal
liability in their individual capacities.
8. Effect. This Ordinance shall be in full force and effect from and after it passage
and approval, subject to the Owner's execution of the Acceptance and Agreement attached
hereto as Exhibit B, incorporated herein and made a part hereof, and the filing of said executed
Acceptance and Agreement form with the Village. This Ordinance shall not be codified.
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AYES: 5 — Berman. Trilline, Sussman, Terson. Stein
NAYS: 0 — None
ABSENT: 1— Ottenheimer
PASSED: August 4, 2014
APPROVED: August 4, 2014
ATTEST:
Village Clerk
This document was prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL
Mail to:
Village Clerk
Village of Buffalo Grove
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
APPROVED:
LEE&
ffreA��rzkiman, Village President
���W-'
The east 120 feet of the west 353 feet (except the south 350 feet) of the north half of the
northeast quarter of the northwest quarter mf Section 9, Township 42 North, Range 11 East of
the Third Principal Meridian in Cook County, Illinois
ire
AUG-6-2014 10:23A FROM' TO:18474590332 P.1/1
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EXHIBIT B
Owner acceptance and agreement concerning
rezoning to the B-2 General Retail Business District and
approval ofa special use for an automobile laundry
55 Dundee Road
GDR Unique, LLC, an Illinois limited liability company, acknowledges that It has read and
understands all the terms and provisions of Buffalo Grove Ordinance No. 2014-55 pertaining to
rezoning and approval of special use, and does hereby accept and agree to abide by and be
bound by each of the terms, conditions and limitations set forth in said Ordinance.
EDR Unique, LLC
an Illinois limited company
8y: kahlo.
Name (print):
Tide: 1-ov"VIRgr