Loading...
2012-035STATE 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 August 6, 2012, the Corporate Authorities of the Village passed and approved No. 2012 -035, An Ordinance Approving A Special Use for a Pet Resort in the Industrial District, Village of Buffalo Grove Cook and Lake Counties, Illinois, Barkington Palace prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on August 7, 2012 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 7th day of August, 2012 M _ `i / 'V#7ge Clerk -. 8/1/2012 ORDINANCE NO. 2012 — 35 AN ORDINANCE APPROVING A SPECIAL USE FOR A PET RESORT IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Barkington Palace 300 Lexington Drive The Buffalo Grove Commerce Center 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; and, WHEREAS, Fair Oaks Limited Partnership is the owner ( "Owner "), of the Property; and, WHEREAS, Jennifer Levine, Linda Webster and Renee Sclafani have petitioned the Village on behalf Barkington Palace LLC, an Illinois limited liability company (hereinafter " Barkington Palace "); and, WHEREAS, Barkington Palace proposes to lease a building of 14,175 square feet at 300 Lexington Drive for the purpose of operating an indoor pet resort; and, WHEREAS, Barkington Palace and Owner have represented to the Village that Barkington Palace, as lessee, and Owner, as lessor, have agreed to execute a lease (the "Lease ") for the building on the Property; and WHEREAS, said pet resort requires approval as a special use in the Industrial District; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Alta land title survey with easement for parking recorded June 2, 1994 as Document 3549262 in Lake County, Illinois EXHIBIT D Project narrative dated June 27, 2012 EXHIBIT E Site plan (Sheet A -3) dated June 27, 2012 EXHIBIT F, F -1 Floor Plans (Sheets A -1 and A -2) dated June 27, 2012 EXHIBIT G Parking study WHEREAS, notice of the public hearing concerning the petition for the special use was given, and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of the special use, including findings of fact that the proposed pet resort meets the criteria for a special use set forth in Section 17.28.040 of the Village's Zoning Ordinance; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for operation of a pet resort on the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Barkington Palace executes the lease for the building at 300 Lexington Drive and 3 provides a copy of said fully executed lease to the Village. (Confidential information within the lease may be redacted prior to delivery of the lease to the Village.) B. If the requirements of the foregoing subsection A. are not provided to the Village by September 30, 2012, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to Barkington Palace, and said special use does not run with the land and is not assignable. D. The facility shall be used for the activities represented by Barkington Palace in the exhibits hereto and in testimony at the Plan Commission public hearing, namely an indoor pet resort and related accessory retail sales. E. All pet resort activities shall be conducted indoors at the facility. Outdoor exercising and related activities involving animals are not permitted. F. Off- street parking shall be provided to accommodate the parking demand created by the Barkington Palace facility. G. The location of handicapped accessible parking spaces and curb access shall be installed as directed by the Village to provide said parking and access proximate to the main customer building entrance to the Barkington Palace facility. H. Barkington Palace and Owner shall make improvements to the building to comply with applicable Village codes as determined by the Village. Said improvements shall include sound mitigation to avoid noise impact for adjacent properties. Barkington Palace shall maintain a management and safety plan concerning operation of the facility to ensure that animals and caretaker staff are adequately protected from injury, and to ensure that procedures are in place to address emergencies including the loss of electric power to the facility. J. Pet waste and other waste from the facility shall be managed to comply with applicable Village regulations. K. Barkington Palace shall provide access to the facility for Village personnel during regular business hours to inspect and monitor operation of the ld facility concerning compliance with applicable standards and regulations. L. Barkington Palace shall obtain approvals, including licensing, required by the state of Illinois, and shall provide a copy of said license and any other approvals to the Village prior to commencing pet resort operations at the Property. Section 3. This Ordinance shall be in full force and effect upon the submittal to and approval by the Village of the lease set forth in Section 2.A. and the executed Acceptance and Agreement (Exhibit B hereto). This Ordinance shall not be codified. AYES: NAYS: ABSENT PASSED 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer 0 — None 0 — None August 6, 2012 ATTEST: QAa-zi, illy, Village Clerk APPROVED: August 6, 2012 APPROVE dent