2013-11-04 - Ordinance 2013-075 - APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VBG, COOK AND LAKE COUNTIES, IL, LONG GROVE CONFECTIONERY CO10/29/2013
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ORDINANCE NO. 2013 — 75
E
AN ORDINANCE APPROVING A
SPECIAL USE IN THE INDUSTRIAL DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
333 Lexington Drive
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 ( "Property ") attached hereto
is zoned in the Industrial District; and,
WHEREAS, Kimball /Newport Properties LLC, an Illinois limited liability company, is the
owner of the Property (hereinafter referred to as "Owner "); and,
WHEREAS, the Village approved Ordinance No. 98 -67 granting a special use to Long
Grove Confectionery and Mangel Investments L.P. to operate a retail sales area in the Industrial
District as an accessory use to the production facility on the Property; and,
WHEREAS, Owner has purchased the Property and has leased the Property to Baldi
Candy Co., an Illinois corporation; and,
WHEREAS, Baldi Candy Co., an Illinois corporation doing business as (d /b /a) Long Grove
Confectionery Co. ( "Petitioner ") is operating the business on the Property, including the retail
sales previously allowed by Ordinance No. 98 -67; and,
WHEREAS, Petitioner has represented that the retail sales area of 2,780 square feet is
being operated substantially as approved by Ordinance No. 98 -67; and,
WHEREAS, the Village has determined that the special use approved by Ordinance No.
98 -67 needs to be transferred to the business entity operating the retail sales area; and,
M
WHEREAS, Baldi Candy Co. has petitioned to the Village for approval of a special use to
continue retail sales at the Property in substantial conformance with the special use previously
approved by Ordinance No. 98 -67 granted to Long Grove Confectionery Co.; and,
WHEREAS, the proposed facility would be developed and operated in accordance with
and pursuant to the following exhibits:
EXHIBIT A Legal Description
EXHIBIT B Petitioner's Acceptance and Agreement concerning special use
EXHIBIT C Letter dated July 13, 2013 from Craig Leva, President, Long Grove
Confectionery Co.
WHEREAS, the Village President and Board of Trustees after due and careful
consideration have concluded that 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 retail sales of 2,780 square feet for the sale of products
manufactured on the Property and the sale of related products, subject to the following
conditions:
A. The special use is granted to Baldi Candy Co., an Illinois corporation doing
business as (d /b /a) Long Grove Confectionery Co. and does not run with
the land.
B. The special use granted to Baldi Candy Co. 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)
K
0
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.
C. The Petitioner shall submit the executed Petitioner's Acceptance and
Agreement attached hereto and incorporated herein as Exhibit B to the
Village within fourteen (14) days of approval of this Ordinance.
D. The terms and conditions of Village Ordinance No. 98 -67 remain in full
force and effect unless modified by this Ordinance.
Section 3. This Ordinance shall be in full force and effect upon the submittal of the
executed Petitioner's Acceptance and Agreement as set forth in Section 2.C. of this Ordinance.
This Ordinance shall not be codified.
AYES:
NAYS:
ABSENT:
PASSED:
6 — Berman Trilling, Sussman Terson, Stein, Ottenheimer
0 — None
0 — None
November 4, 2013 APPROVED: November 4, 2013
ATTEST: APPR
.
VI
If age Clerk EF
This document was prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove, IL
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
IMAN, Village President
E
0
EXHIBIT A
Legal Description
•
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
333 Lexington Drive
Buffalo Grove Commerce Center
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 Long Grove Confectionery Subdivision being a
resubdivision in the southwest quarter of Section 34, Township 43 North, Range 11 East of the
Third Principal Meridian, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 333 Lexington Drive, Buffalo Grove, IL
PIN: 15 -34- 311 -027
0
5
EXHIBIT B
•
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
333 Lexington Drive
Buffalo Grove Commerce Center
Petitioner Acceptance and Agreement concerning special use ordinance
Baldi Candy Co. acknowledges that it has read and understands all of the terms and provisions
of Buffalo Grove Ordinance No. 2013 -75 pertaining to the special use, and does hereby accept
and agree to abide by and be bound by each of the terms, conditions and limitations of said
Ordinance.
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
By:�_
Name (print):
Title:�
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2013 -75.
Owner: Kimball /Newport Properties LLC
By:
Name (print):_ e P' ?G- &EVA -
Title: n"ONC-r-- I
STATE OF ILLINOIS )
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 4, 2013, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2013 -75, AN ORDINANCE
APPROVING A SPECIAL USE IN THE
COUNTIES, a copy of such Ordinance was posted in
and at the Village Hall, commencing on November 5,
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 5th day of
November, 2013.
10/29/2013
ORDINANCE NO. 2013 — 75
AN ORDINANCE APPROVING A
SPECIAL USE IN THE INDUSTRIAL DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
333 Lexington Drive
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 ( "Property ") attached hereto
is zoned in the Industrial District; and,
WHEREAS, Kimball /Newport Properties LLC, an Illinois limited liability company, is the
owner of the Property (hereinafter referred to as "Owner "); and,
WHEREAS, the Village approved Ordinance No. 98 -67 granting a special use to Long
Grove Confectionery and Mangel Investments L.P. to operate a retail sales area in the Industrial
District as an accessory use to the production facility on the Property; and,
WHEREAS, Owner has purchased the Property and has leased the Property to Baldi
Candy Co., an Illinois corporation; and,
WHEREAS, Baldi Candy Co., an Illinois corporation doing business as (d /b /a) Long Grove
Confectionery Co. ( "Petitioner ") is operating the business on the Property, including the retail
sales previously allowed by Ordinance No. 98 -67; and,
WHEREAS, Petitioner has represented that the retail sales area of 2,780 square feet is
being operated substantially as approved by Ordinance No. 98 -67; and,
WHEREAS, the Village has determined that the special use approved by Ordinance No.
98 -67 needs to be transferred to the business entity operating the retail sales area; and,
2
WHEREAS, Baldi Candy Co. has petitioned to the Village for approval of a special use to
continue retail sales at the Property in substantial conformance with the special use previously
approved by Ordinance No. 98 -67 granted to Long Grove Confectionery Co.; and,
WHEREAS, the proposed facility would be developed and operated in accordance with
and pursuant to the following exhibits:
EXHIBIT A Legal Description
EXHIBIT B Petitioner's Acceptance and Agreement concerning special use
EXHIBIT C Letter dated July 13, 2013 from Craig Leva, President, Long Grove
Confectionery Co.
WHEREAS, the Village President and Board of Trustees after due and careful
consideration have concluded that 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 retail sales of 2,780 square feet for the sale of products
manufactured on the Property and the sale of related products, subject to the following
conditions:
A. The special use is granted to Baldi Candy Co., an Illinois corporation doing
business as (d /b /a) Long Grove Confectionery Co. and does not run with
the land.
B. The special use granted to Baldi Candy Co. 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)
3
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.
C. The Petitioner shall submit the executed Petitioner's Acceptance and
Agreement attached hereto and incorporated herein as Exhibit B to the
Village within fourteen (14) days of approval of this Ordinance.
D. The terms and conditions of Village Ordinance No. 98 -67 remain in full
force and effect unless modified by this Ordinance.
Section 3. This Ordinance shall be in full force and effect upon the submittal of the
executed Petitioner's Acceptance and Agreement as set forth in Section 2.C. of this Ordinance.
This Ordinance shall not be codified.
AYES:
NAYS:
ABSENT:
PASSED:
ATTEST:
VI age Clerk
6 — Berman, Trilling Sussman Terson, Stein, Ottenheimer
0 — None
0 — None
November 4, 2013
This document was prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove, IL
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
APPROVED: November 4, 2013
_":• FU
EFF-WNR%IMAN, Village President
M �
El
EXHIBIT A
Legal Description
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
333 Lexington Drive
Buffalo Grove Commerce Center
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 Long Grove Confectionery Subdivision being a
resubdivision in the southwest quarter of Section 34, Township 43 North, Range 11 East of the
Third Principal Meridian, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 333 Lexington Drive, Buffalo Grove, IL
PIN: 15 -34- 311 -027
iL
A
5
EXHIBIT B
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
333 Lexington Drive
Buffalo Grove Commerce Center
Petitioner Acceptance and Agreement concerning special use ordinance
Baldi Candy Co. acknowledges that it has read and understands all of the terms and provisions
of Buffalo Grove Ordinance No. 2013 -75 pertaining to the special use, and does hereby accept
and agree to abide by and be bound by each of the terms, conditions and limitations of said
Ordinance.
Baldi Candy Co. (d /b /a) Long Grove Confectionery Co.
By:
Name (print):
Title: '?'pes' D
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2013 -75.
Owner: Kimball /Newport Properties LLC
By: r_— 749�7 �-
Name (print): e g)HCr &EVA-
Title: n'..'31jec-