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2012-01-23 - Ordinance 2012-003 - APPROVING A SPECIAL USE IN THE B-3 DISTRICT VBG, COOK AND LAKE COUNTIES, ILLINIOS, LUX CARS CHICAGO1/18/2012_A E ORDINANCE NO. 2012 - 3 AN ORDINANCE APPROVING A SPECIAL USE IN THE B -3 DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS M & I Imports, Incorporated d /b /a Lux Cars Chicago 88 Dundee Road • 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 ( "Property ") attached hereto is zoned in the B -3 Planned Business Center District; and, WHEREAS, the Village of Buffalo Grove (the "Village ") approved Ordinance No. 2005 -27, amended by Ordinance No. 2007 -15, granting a special use to allow Prestige Leasing, Inc. to sell and lease motor vehicles on the Property pursuant to the conditions set forth in said ordinances; and, WHEREAS, Prestige Leasing, Inc. has vacated the Property; and, WHEREAS, M & I Imports, Incorporated, an Illinois corporation by Michael Orik, President d /b /a Lux Cars Chicago ( "Petitioner ") has petitioned to the Village for a special use to sell and lease motor vehicles on the Property pursuant to Section 17.28.040 and Chapter 17.44 of the Village Zoning Ordinance (Title 17 of the Municipal Code) ; and, WHEREAS, the Petitioner has represented in Exhibit C attached hereto that M & I Imports Incorporated d /b /a Lux Cars Chicago will operate in conformance with the terms and conditions set forth in Ordinance No. 2005 -27; and, WHEREAS, the Petitioner has presented the following exhibits in support of the petition for a special use: 0 2 EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Letter dated January 9, 2012 from Michael Orik, M & I Imports, Incorporated WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the transfer of the special use to M & I Imports, Incorporated on the terms and conditions set forth herein would enable the Village to control impacts created by the business and minimize adverse effects on adjacent properties 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 transfer of the special use approved by Village Ordinance No. 2005 -27 and amended by Ordinance No. 2007 -15 to M & I Imports, Incorporated for operation of Lux Chicago Cars pursuant to the exhibits incorporated herein for the Property legally described in Exhibt A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Petitioner executes a lease for the property at 88 Dundee Road, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by February 17, 2012, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to M & I Imports, Incorporated d /b /a Lux Cars Chicago and does not run with the land and is not assignable. D. The Petitioner shall submit the executed Acceptance and Agreement attached hereto and incorporated herein as Exhibit B to the Village by February 17, 2012. E. If garbage or other refuse is stored outside the building on the Property, a trash enclosure shall be constructed as approved by the Village, and said 0 3 construction shall be completed by May 31, 2012. F. Signs for the business are not approved bythis Ordinance and are subject to the regulations set forth in the Village Sign Code. Section 3. The terms and conditions set forth in Village Ordinance No. 2005 -27 and Ordinance No. 2007 -15 remain in full force and effect unless specifically modified by this Ordinance. Section 4. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: 6 - _Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 - None ABSENT: 0 - None PASSED: January 23. 2012 APPROVED: January 23, 2012 ATTEST: APPROVED: Village Clerk EFFR B AIMAN, Village President L1 0 EXHIBIT A Legal Description 88 Dundee Road, Buffalo Grove, Illinois SUBJECT PROPERTY LEGAL DESCRIPTION: The east 230 feet of the south 300 feet of the east of the southwest % of Section 4, Township 42 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois (excepting therefrom the south 50 feet taken or used for highway purposes). SUBJECT PROPERTY COMMON DESCRIPTION: 88 Dundee Road, Buffalo Grove, IL PIN: 03 -04- 302 - 006 -0000 • Prestige Auto Leasing Exhibit B TO: Village Board of Buffalo Grove -Z'ctn5-- 27 FROM: Operators of Prestige Leasing SUBJECT: Operational Procedures of Prestige Leasing DATE: 11 May 2005 VIA: E -mail /Facsimile /Posted CC: Mr. Bob Pfeil, Village planner The following operational procedures are proposed for the Prestige Auto Leasing facility at 88 E. Dundee Road, Buffalo Grove, Illinois: Hours of operation: Monday — Thursday 10 a.m. - 8 p.m. Friday & Saturday 10 a.m. - 6 p.m. Closed Sunday Vehicle maintenance services provided: Oil changes Washed and detailing Alarm system installation Dvd /stereo system installation Minor maintenance such as break maintenance, replacement, etc The test drive route will be as follows: Route 1 From parking lot Right onto Dundee Road (RT 68) Right on Buffalo Grove Right on Lake Cook Road Right on Elmhurst Road (RT 83) Right on Dundee Road (RT 68) Right into parking lot Route 2 From parking lot Right onto Dundee Road (RT 68) Left on Buffalo Grove Right on Hintz Road Right on Arlington Heights Road Right on Dundee Road (RT 68) Left into parking lot wiper blade