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2009-07310/28/2009 ORDINANCE NO. 2009 — 73 0 AN ORDINANCE APPROVING A SPECIAL USE FOR OUTSIDE STORAGE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road Chevy Chase Business Park — West WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A (the "Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 83 -16; and, WHEREAS, Banner Plumbing Supply Company, Inc. ( "Banner ") is lessee of the Property and operates a plumbing supply business including a retail showroom approved as a special use by Ordinance No. 2007 -6 ; and, WHEREAS, Banner seeks approval to store pipes used in its plumbing supply operation in an outside location (16 feet in width by 220 feet in length) along the east side of the Property as noted on Exhibit C hereto, and, WHEREAS, said outside storage area requires approval as a special use in the Industrial District, including the requirement to completely enclose the outside storage area with a solid wall or fence ; and, WHEREAS, Banner is requesting a variation of Section 17.48.020.C.9 of the Village Zoning Ordinance to provide landscape screening on the south and east sides of the outside storage area in lieu of completely enclosing said area with, a solid wall or fence; and, WHEREAS, the proposed outside storage would be developed and operated in accordance with and pursuant to the following exhibits: 0 2 EXHIBIT A Legal Description 0 EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Location map EXHIBIT D Photo of stored materials WHEREAS, notice of the public hearing concerning the petition for approval of the special use including a variation of Section 17.48.020.C.9 was given, and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the criteria for a special use and a variation as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met, and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the use 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 approving a special use for an outside storage area, including a variation of Section 17.48.020.C.9 to allow landscape screening to be used in lieu of completely enclosing said area with a solid wall or fence, subject to the following conditions: A. The outside storage area shall be no larger than 16 feet in width and 220 feet in length, and shall be located in the parking area along the east side of the Property as depicted on Exhibit C hereto. B. The allowable storage area shall be delineated with appropriate pavement markings as approved by the Village Engineer. Said pavement markings shall be made at the direction of the Village Engineer. C. Materials stored in said storage area shall be located outside of the ingress- egress easement along the east side of the building providing access to the facilities owned o o 3 D. The outside storage area outside shall be screened along the east and south sides by landscaping in conformance with a landscape plan approved by the Village Forester. Said landscaping shall be installed no later than May 15, 2010. E. Materials shall be managed to minimize safety hazards and potential as an attractive nuisance. F. Materials shall not be stored higher than six (6) feet from the parking lot pavement surface. G. The special use and variation approved herein are granted to Banner Plumbing Supply Company, Inc. and do not run with the land. The special use and variation may be assigned to a similar business subject to written consent of the Village. H. Banner and Owner shall submit the executed Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by November 23, 2009. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: 6 — Braiman Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: November 2, 2009 APPROVED: November 2, 2009 ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President • 4 EXHIBIT A Legal Description of Property El Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road Chevy Chase West Business Park That part of Lot 1 in Chevy Chase Business Park —West Resubdivision No. 3 of part of the southeast 1/a and part of the east %z of the southwest ' /a of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded November 29, 1993 as document 3442516 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Banner Plumbing, 1020 Lake Cook Road, Buffalo Grove, IL 5 EXHIBIT B Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road Chevy Chase West Business Park Acceptance and Agreement concerninLy special use ordinance Banner Plumbing Supply Company, Inc. does hereby accept and agree to abide by and be bound by each of the terms, conditions .and limitations set forth in Ordinance No. 2009 -73 duly passed and approved by the Village of Buffalo Grove, IL granting the specialuse and variations set forth in said Ordinance. Banner Plumbing Supply Company, Inc. acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -73, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. 1. BANNER PLUMBING SUPPLY COMPANY, INC. By: Name (print): LL L9 .S Title: ?'— E- 14 0 t jlyrANR G-i��- The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 200 -73. CTIE'['X Q W B -MIMSS -ZAP LIMIT PA"RTN HIP 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, November 2 , 2009 the Corporate Authorities of the Village passed and approved Ordinance No. 2009 -73, AN ORDINANCE APPROVING A SPECIAL SERVICE USE FOR OUTSIDE STORAGE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS — BANER PLUMBING SUPPLY COMPANY, INC. provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2009 -73, 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 November 2, 2009 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 3rd day of November, 2009. 6K �- Vill& Clerk By 10/28/2009 ORDINANCE NO. 2009 — 73 AN ORDINANCE APPROVING A SPECIAL USE FOR OUTSIDE STORAGE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road Chevy Chase Business Park — West WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A (the "Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 83 -16; and, WHEREAS, Banner Plumbing Supply Company, Inc. ( "Banner ") is lessee of the Property and operates a plumbing supply business including a retail showroom approved as a special use by Ordinance No. 2007 -6 ; and, WHEREAS, Banner seeks approval to store pipes used in its plumbing supply operation in an outside location (16 feet in width by 220 feet in length) along the east side of the Property as noted on Exhibit C hereto, and, WHEREAS, said outside storage area requires approval as a special use in the Industrial District, including the requirement to completely enclose the outside storage area with a solid wall or fence ; and, WHEREAS, Banner is requesting a variation of Section 17.48.020.C.9 of the Village Zoning Ordinance to provide landscape screening on the south and east sides of the outside storage area in lieu of completely enclosing said area with a solid wall or fence; and, WHEREAS, the proposed outside storage would be developed and operated in accordance with and pursuant to the following exhibits: G0/z/z9Cr16 01 2 EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Location map EXHIBIT D Photo of stored materials WHEREAS, notice of the public hearing concerning the petition for approval of the special use including a variation of Section 17.48.020.C.9 was given, and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the criteria for a special use and a variation as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met, and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the use 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 approving a special use for an outside storage area, including a variation of Section 17.48.020.C.9 to allow landscape screening to be used in lieu of completely enclosing said area with a solid wall or fence, subject to the following conditions: A. The outside storage area shall be no larger than 16 feet in width and 220 feet in length, and shall be located in the parking area along the east side of the Property as depicted on Exhibit C hereto. B. The allowable storage area shall be delineated with appropriate pavement markings as approved by the Village Engineer. Said pavement markings shall be made at the direction of the Village Engineer. C. Materials stored in said storage area shall be located outside of the ingress- egress easement along the east side of the building providing access to the facilities owned r k D. The outside storage area outside shall be screened along the east and south sides by landscaping in conformance with a landscape plan approved by the Village Forester. Said landscaping shall be installed no later than May 15, 2010. E. Materials shall be managed to minimize safety hazards and potential as an attractive nuisance. F. Materials shall not be stored higher than six (6) feet from the parking lot pavement surface. G. The special use and variation approved herein are granted to Banner Plumbing Supply Company, Inc. and do not run with the land. The special use and variation may be assigned to a similar business subject to written consent of the Village. H. Banner and Owner shall submit the executed Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by November 23, 2009. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: ATTEST: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman 0 — None 0 — None November 2, 2009 Village Clerk APPROVED: November 2, 2009 APPROVED: ELLIOTT HARTSTEIN, Village President P "r n EXHIBIT A Legal Description of Property Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road Chevy Chase West Business Park That part of Lot 1 in Chevy Chase Business Park —West Resubdivision No. 3 of part of the southeast '/4 and part of the east % of the southwest V4 of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded November 29, 1993 as document 3442516 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Banner Plumbing, 1020 Lake Cook Road, Buffalo Grove, IL A r w EXHIBIT B Banner Plumbing Supply Company, Inc. 1020 Lake Cook Road Chevy Chase West Business Park Acceptance and Agreement concerning special use ordinance Banner Plumbing Supply Company, Inc. does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2009 -73 duly passed and approved by the Village of Buffalo Grove, IL granting the specialuse and variations set forth in said Ordinance. Banner Plumbing Supply Company, Inc. acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -73, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. BANNER PLUMBING SUPPLY COMPANY, INC. By: Name (print):i Title: w A ?--E- h e �-�_ (jj A N A 6- 44a- The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 200 -73. MWORA-SE B:USIN s m) LI1V$T m P RTIN liiLP Nam�t): `t e, RCS /fitN-r