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1999-0607/7/99 0 0 ORDINANCE NO. 99- 60 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Nextel Communications Retail Facility 1080/1090 Johnson Drive Chevy Chase Business Park 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, Chevy Chase Business Park Limited Partnership is the Owner of the Property; and, WHEREAS, Nextel West Corporation d /b /a as Nextel Communications as a tenant of the Property has petitioned the Village for approval of a Special Use in the Industrial District for a retail sales facility, and; WHEREAS, Nextel Communications occupies a lease space of approximately 30,000 square feet within the building on the Property and proposes to establish a retail sales area of approximately 700 square feet within said lease space to sell phones and related communications items pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Updated Facts for Nextel Buffalo Grove Facility (June 2, 1999) �*]w 2 E EXHIBIT C Plat of Survey dated June 9, 1997 EXHIBIT D Floor Plan dated March 19, 1999 WHEREAS, notice of the public hearing concerning the petition for approval of the Special Use 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 as set forth in Section 17.28.040 of the Village's Zoning Ordinance, including the requested variation concerning the sale of items not manufactured on the premises, have been met and development 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 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 the retail sales facility pursuant to EXHIBITS B, C, and D for the Property legally described in EXHIBIT A attached hereto. Section 3. The Special Use is subject to the following conditions: A. A variation of Section 17.48.020.C.14.a. of the Zoning Ordinance is hereby granted allowing phones and other communications equipment and accessories not manufactured on the premises to be sold in the retail operation. B. Nextel Communications has represented that twenty -five (25) off- street spaces are available for construction on Lot 21 of the Chevy Chase Business Park adjoining the Property to the south to serve the Nextel customer service center. o o Said spaces shall be constructed if the Village determines that these spaces are necessary to serve the Nextel facility. At the direction of the Village, Nextel Communications shall enter into a lease with the owner of Lot 21 for said parking spaces and provide the Village with a copy of the executed lease. In the event that the Village determines that said parking is necessary, and Nextel Communications fails to provide said parking, the Village may revoke the Special Use for the retail sales facility on the Property. C. Nextel Communications shall use its best efforts to manage its employee and customer parking on the Property to ensure that parking in the area east of the building on the Property is available for customers and other visitors of adjacent tenants in said building. D. Any changes or amendments to the Special Use and exhibits approved herein are subject to Village approval, and the Village will determine if additional public hearings are necessary for proposed changes or amendments. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Marienthal, Reid, Braiman, Hendricks, Glover, Berman NAYES: 0 - None ABSENT: 0 -None PASSED: July 12, 1999 APPROVED: July 12, 1999 APPROVED: ELLIOTT HARTSTEIN, Village President ATTEST: Village Clerk o o EXHIBIT A Legal Description Nextel Communications, 1080/1090 Johnson Drive Chevy Chase Business Park That part of Lots 18, 19, and 20 in Chevy Chase Business Park, being a resubdivision of part of the south '/2 of Section 34, Township 43 North, Range 11, East of the Third Principal Meridian and part of the northeast 1/4 of Section 3, Township 42 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded in Lake County, Illinois on November 22, 1985 as Document No. 2401511, all in Lake and Cook Counties, Illinois. 3 VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GR E (jG THIS _DAY OF Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties �_Jnois, this Z— day of (,P��f 19 , . 11� Village Clerk By eputy Village Clerk 7/7/99 ORDINANCE NO. 99- 60 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Nextel Communications Retail Facility 1080 /1090 Johnson Drive Chevy Chase Business Park 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, Chevy Chase Business Park Limited Partnership is the Owner of the Property; and, WHEREAS, Nextel West Corporation d /b /a as Nextel Communications as a tenant of the Property has petitioned the Village for approval of a Special Use in the Industrial District for a retail sales facility, and; WHEREAS, Nextel Communications occupies a lease space of approximately 30,000 square feet within the building on the Property and proposes to establish a retail sales area of approximately 700 square feet within said lease space to sell phones and related communications items pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Updated Facts for Nextel Buffalo Grove Facility (June 2, 1999) 2 EXHIBIT C Plat of Survey dated June 9, 1997 EXHIBIT D Floor Plan dated March 19, 1999 WHEREAS, notice of the public hearing concerning the petition for approval of the Special Use 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 as set forth in Section 17.28.040 of the Village's Zoning Ordinance, including the requested variation concerning the sale of items not manufactured on the premises, have been met and development 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 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 the retail sales facility pursuant to EXHIBITS B, C, and D for the Property legally described in EXHIBIT A attached hereto. Section 3. The Special Use is subject to the following conditions: A. A variation of Section 17.48.020.C.14.a. of the Zoning Ordinance is hereby granted allowing phones and other communications equipment and accessories not manufactured on the premises to be sold in the retail operation. B. Nextel Communications has represented that twenty -five (25) off - street spaces are available for construction on Lot 21 of the Chevy Chase Business Park adjoining the Property to the south to serve the Nextel customer service center. 1 4 1 3 Said spaces shall be constructed if the Village determines that these spaces are necessary to serve the Nextel facility. At the direction of the Village, Nextel Communications shall enter into a lease with the owner of Lot 21 for said parking spaces and provide the Village with a copy of the executed lease. In the event that the Village determines that said parking is necessary, and Nextel Communications fails to provide said parking, the Village may revoke the Special Use for the retail sales facility on the Property. C. Nextel Communications shall use its best efforts to manage its employee and customer parking on the Property to ensure that parking in the area east of the building on the Property is available for customers and other visitors of adjacent tenants in said building. D. Any changes or amendments to the Special Use and exhibits approved herein are subject to Village approval, and the Village will determine if additional public hearings are necessary for proposed changes or amendments. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Marienthal, Reid, Braiman, Hendricks, Glover, Berman NAYES: 0 - None ABSENT: 0 -None PASSED: July 12, 1999 APPROVED: July 12, 1999 APPROVED: ELLIOTT HARTSTEIN, Village President ATTEST:, Village Clerk EXHIBIT A Legal Description Nextel Communications. 1080/1090 Johnson Drive Chevy Chase Business Park That part of Lots 18, 19, and 20 in Chevy Chase Business Park, being a resubdivision of part of the south '/2 of Section 34, Township 43 North, Range 11, East of the Third Principal Meridian and part of the northeast 1/4 of Section 3, Township 42 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded in Lake County, Illinois on November 22, 1985 as Document No. 2401511, all in Lake and Cook Counties, Illinois.