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2015-11-02 - Ordinance 2015-064 - APPROVING SPECIAL USE FOR TIDE DRY CLEANERS, 310 HALF DAY RD ORDINANCE NO. 2015 - 64 AN ORDINANCE APPROVING A SPECIAL USE IN THE B-3 PLANNED BUSINESS CENTER DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Family Fabric Care One, LLC d/b/a Tide Dry Cleaners 310 W. Half Day Road Special Use for a Drive-through WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property("Property") legally described in EXHIBIT A attached hereto is zoned in the B-3 Planned Business Center District-9 and, WHEREAS, a mily Fabric Care One, LLC, an Ohio limited liability company, d/b/a Tide Dry Cleaners ("Petitioner"), as a lessee of 310 W. Half Day Road ("Premises") is is located on the Property, has petitioned the Village for approval of a special use for a drive- through at 310 W. Half Day Road; and, WHEREAS, the Village Plan Commission conducted a public hearing on August 5, 2015 concernin the petition for special use; and, 9 1 WHEREAS, the Plan Commission determined that the petition meets the criteria of a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance, and, WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of the special use subject to the conditions outlined in Section 2 below-, and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed drive-through at 310 W. Half Day Road is a reasonable use of the Premises and will serve the best interests oft e Village. WHEREAS, Family Fabric Care One, LL , d/b/a Tide Dry Cleaners shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description. EXHIBIT B Acceptance and Agreement concerning the special use. EXHIBIT C Site Access Evaluation prepared by Kenig, Lin e , O'Hara, Aboona, Inc. (KLOA) Alternative I. 2 EXHB IT D Extinguishment of Easement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, S: 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 grant a special use to Family Fabric Care One, LLC, d/b/a Tide Dry Cleaners for a drive-through at the Premises subject to the following conditions; I. The special use is granted to Family Fabric Care One, LLC, d/b/a Tide Dry Cleaners and does not run with the land. 2. The special use granted to Family Fabric Care One, LLC, d/b/a Tide Dry Cleaners is assignable to subsequent petitioners seeking assignment oft is special use as follows: a. 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) fora public hearing or may hold a public hearing at the Village Board. b. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, is may be granted or denied for any reason. 3. The drive-through facility shall be in compliance with Alternative 11 in the Site Access Evaluation prepared by Kenig, Lin gren, O'Hara, Aboona, Inc. (KLOA) dated October 2, 2015 as set forth in Exhibit C hereto. 4. Prior to the Village issuing a certificate of occupancy forte Premises, Petitioner shall cause the extinguishment oft e casement pursuant to Exhibit D hereto. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: 5 — Berman, Trilling Stein Ottenheimer, Johnson NAYS: 1 - Weldenfe[d ABSENT: 0 - None _November 2, 2015. APPROVED: November 2, 2015. & ijFj.Aj-- zl,,, APPROVED- cVcrly`us,. ,n, Village rest e t TES : Janet M.-'Sirabian, Village Clerk 4 EXHIBIT A LEGAL DESCRIPTION Family Fabric Care One, LLC, d/b/a Tide Dry Cleaners 310 W. Half Day Road Special Use for a drive-through facility SUBJECT PROPERTY LEGAL DESCRIPTION: of 3 of Woodland Commons Shipping Center and Commerce Center, being a subdivision of part of the sough half of the southeast quarter of Section 17, and the north half of the northeast quarter of the northeast quarter of Section 20 and the west half of the northwest quarter of Section 21, all in Township 43 north, Range 11, east of the it Principal Meridian, in Lake County, Illinois. PIN: 15-17-414-020 SUBJECT PREMISES COMMON DESCRIPTION: 310 W. Half Day Road Buffalo Grove, IL. 5 EXHIBIT B Family Fabric are One,LLC, d/b/dTide Dry Cleaners 310 W.Half Day Road Special Use for a drive-through facility Acceptance and Agreement concerning special rise Tide Dry Cleaners acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2015-64 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, Family Fabric Care One, LLC. d/b/a Tide Dry Cleaners By: Name(print): K, Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No.2015-64, Property Owner:Inland Woodlands,LLC,a Delaware limited liability company By� c-A7 Name(print): D Scott Carr C.Scott Carr Title: Vice president 6 EXHIBIT C Family Fabric Care One, LLC, d/b/a Tide Dry Cleaners 310 W. Half Day Road Special Use for a drive-through facility KLOA Site Access Evaluation Alternative 11 7 EXHIBIT D Family Fabric Care One, LLC, d/b/a Tide Dry Cleaners 310 W. Half Day Road Special Use for a drive-through facility Extinguishment of Easement 0 z t v Cl) cc cc co J il uj I. W IL CA CA 0 LU I I I I a! a' y+' 4 Qi IM c; uj us ci �! Y I J I a n IL f � I rr I. 9— J I I r W � mac» a V o ca CD 'I I N ,• �I I ' � I y�QLL ! 3vs ggR—1 � h eYl SQ M ii c J Q 0 � O� O I E tire;uishrnent of Eascinerit State cif Iffinnis S. County of I-ake f�- -1-his is to certify that tht' L1T1d[•r'%ij�T1Ccj, i-cprescinizig the Grantees of I'L11111C Utility mcl Dra.]F]IgC i-qszhu. gi-ained by that certain Plat of-Woodland Commons SI-mlsping C-critcr and Cou-imercial Center, recorded as IN3CL11-11el-IL 2921830 in Lake CourlLy, Illinois, do, i I k cok),itivnivi(II) of 10 d(IlLIVS IFI 11;1t1k] 11;)RI, the Alld s-L1tT'1C7 •1)Cy til •vhu It is livrctiy acktic)�,V[L-LILCd. COIIsUllk. LO the C-1LL1J1t-;L1j%I11%1 •LPt of tlznsc Fights "itilill the ;u••a cicpicict-1 11vi-cm in Fxhil:%ic A, which is a(iacht!J here Lc] jjjcj 21LAti • a part ht.,vcof 'I'lie undersignt•d do hereby apici ndcipt dic anncxzk•d EXtillgUiShl'rkellt L11)dUr the style and OdC HIL:t-Co11 shown, . For: The Village of'Buffalo C;ro-vc by: Approved: (villagc FrIgiricer) For: 11:1-1 o nweal th Edison Cc-�nipaxiy by:. For. North Shore C;as Conipany For: A.'I'- 8s: T. Y! (Yid c) 1'.IqL• lc3f-3 F--c-ting-Lu-shnaent (3f Easeri-ient E 1 111. R-te. 22 Page 2 of 3 E---,chibit 1TAvv L)cscription of Extinguishinent lire rises '17hat part ofthe most easterly Public Utility and [---)r.iinige Easernent aft'ecting Ix)t 3 Plat of-Woodland Corriniuris Shopping Center and Connnercial (:enter, recorded as F)ocninvu t 2921830 in Lake County, Illinois described as follows: cuty-u-nencing at the intersection of the northwesterly line of said Easement with the southwesterly line of said Lot 3; thence northeasterly along said it,w0iwesterly line cf%aikl F.asement, 177.46 feet for i point EO'L,uginningl- dwiice continUilag titarr I i easterly along said northwessa:-.Oy lime ot-siiid Easement, 37.5 feet- thence southeasterly, perpendicular to the last dcocribed course, 5-() teet; thence southwesterly, perpendicular to the last described course, 37.5 feet,; thence riordiwasterly, perpendicular to the last rte-scribed course, 5-0 feet to the p(-)irit ot'hogivirling in Lake County, Illinois. Pago 3 (>173 q T- Yo-i f-A,A'e r,j i 1?,. -E hi bit r,