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2016-03-21 - Ordinance 2016-015 - APPROVING SPECIAL USE FOR CLASSIC CAR COMPANY, LLC AT 545 DEPOT PLACE 3/9/16 ORDINANCE NO. 2016- 015 AN ORDINANCE APPROVING SPECIAL USE IN THE I INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 545 Depot Place Patrick Hurst Classic Car Company, LLC WITNESSETH: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue oft e provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, the subject site commonly known as 545 Depot Place and hereinafter referred to as the"Property", is legally described in Exhibit A attached hereto-, and, V�rl­IEREAS, Patrick Hurst, owner of Classic Car Company, LLC, an Illinois limited liability company, is the lessee oft e Property(hereinafter sometimes referred to as the "Petitioner"); and, WHEREAS, Petitioner proposes to sell used automobiles within the building located on the Property; and, WHEREAS, the Property is zoned in the I Industrial District and the sale of automobiles is a special use; and, Vv'HEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning Commission held a public hearing on March 2, 2016 and made its recommendation for a special use for the Property for sales of automobiles; and, WHEREAS, the Planning & Zoning Commission determined that the petition meets the criteria for a special use set forth in Section 17.28,040 of the Buffalo Grove Zoning Ordinance-, and, WHEREAS, the Planning & Zoning Commission voted 8 to 0 to recommend approval of a special use the sales of automobiles on the Property, and; Vv'HEREAS, the following Exhibits, some of which were presented in testimony given by the Petitioner during the hearing held before the Planning & Zoning Commission prior to the execution of this Ordinance, are hereby incorporated by reference herein, made a part hereof and designated as shown below. EXHIBIT A Legal Description EXHIBIT B Petitioner and Owner Acceptance and Agreement EXHIBIT C Plat of Survey 2 EXHIBIT D Petitioner's Response to Standards WHEREAS, the President and Board of Trustees of the Village find that the approval of a special use for sale of automobiles on the Property is consistent with the Village's planning for the area and is compatible with the use and zoning of adjacent properties; and, WHEREAS, the President and Board of Trustees of the Village after due and careful consideration have determined that use of the Property on the terms and conditions herein set forth of enable the Village to control development oft e area and would serve the best interests oft e 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 grant a special use to Patrick Hurst, owner of Classic Car Company, LLC, to sell automobiles on the Property subject to the following conditions: 1. The special use for the sale of used automobiles within an enclosed structure is granted to Patrick Hurst, owner of Classic Car Company, LLC, and said special use does not run with the land. 2. The special use granted to Patrick Hurst, owner of Classic Car Company, LLC, 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 t a t he appropriate commission(s) for a 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, which may be granted or denied for any reason. 3. The parking lot at 545 Depot Place shall be striped in accordance with the Village of Buffalo Grove Zoning Ordinance within 90 days of approval. A building permit shall be obtained prior to the start of the work. 3 4. All vehicle storage, including vehicles for sale, shall be stored in the building during the overnight hours. This shall not apply to vehicles driven by employees or vehicles used for the operation oft e business. 5. Hours of sale are limited to 9AM to 7PM Monday through Saturday. Section 3. This Ordinance shall be in full force and effect upon the submittal of the signed Exhibit B (Acceptance and Agreement)hereto. This Ordinance shall not be codified. AYES: 6—Berinaii,Trilling,, Stein, Ottenheimer, Weidenfeld, Johilsoll NAYS: 0 - one ABSENT: 0 - one PASSED: March 21, 2016. APPROVED: March 21. 2016. APPROVED: Beverly SussinlrUVillage President ATTEST: ------- Janet it�bin, Village Clerk S After Recording Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 4 EXHIBIT A Legal Description 545 Depot Place Patrick Hurst Classic Car Company,LLC SUBJECT PROPERTY LEGAL DESCRIPTION: PT SW NW SEC 27PT E1J2 NE SEC28 DAFS, BEG NECOR TWIN RINKS ICE PAVILION SUB, E211.01',S13.5', LY TO X NLN DEPOT PL EXT E, WTO ELN SID RD,S53.12',NWLY ALG CUV TO SLN SD RD,SE150', 15',S203. 7',CONT S 444.32',E341.23' TO POB (EX COM X SLN LOT 6 IN BLOCK 3 FRILLMAN PARK SUB & ELY LN WEILAND R , S12D1 '39" 213.93', 89D32'30"E 396.04', S01D41'07"E 20.03' FOR P , CONT S01D41'07"E 424.29', N6D31'50"E 34.50', N0D46'10"W 385.79', NW ALG A CRV 40.41'TO POB) SUBJECT PROPERTY COMMON DESCRIPTION: 545 Depot Place, Buffalo Grove, IL (PIN 15.28.200.081) 5 EXHIBIT B Acceptance and Agreement concerning approval of a special use for the sale of used automobiles 545 Depot Place Patrick Hurst Classic Car Company,LLC l'aulck Hurst. owner or Classic Car Coinpaiiy, LLC. an Illinois fitnited liability company, acknowledges that he has read and understands all [he terms and provisions of Buffalo Grove C� Ord ina nee No. 2016 - 015 pertaining to approval of a special use. and does hereby accept and agree to abide: by and be bound by each of the turns.condi Gotis and I iin i tat ion s set forth in said Ordinance. Classic Car Company,LLC, an Illinois limited I ia bi I i ty ccAi pany By: Name (print): rick Htirst Title: Owner The Undel'Si-Z: 1C(I Owner acknowledges that it has read and Linderslands all of the terms and provisions or said Buffalo Grove Ordinance No. 2016 -015, Property Owner 13y:' Name(print): Title: 6 EXHIBIT C Depot Place Patrick s Classic Car Company, LLC Plat of Survey 7 EXHIBIT 545 Depot Place Patrick Hurst Classic Car Company, LLC Petitioner's Response to Standards During your testimony at the Public Hearing you will need to testify and present your case for the Special Use being requested. During your testimony you need to affi rmatively address the Criteria listed below. The Planning & Zoning Commission is authorized to provide a recommendation to the Village Board, which has authority to approve a Special Use to the regulations of the Zoning Ordinance based upon findings of fact which are made based upon evidence presented at the hearing regarding the criteria listed below. You must affirmatively state how you meet each of the listed criteria. If you wish to provide written answers to the criteria and provide the to me, I can forward the to the board with their packet. Criteria for Special Use I7.28.040 - Criteria for special use. A. All special uses shall meet the following criteria: 1. The special use will serve the public convenience at the location of the subject property; or the establishment,maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; Classic Car Company understands and takes these issues very seriously, We will not jeopardize the local area or the general safety and welfare of the community at any time. 2. The location and size of the special use,the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; There will be no change to any of the evesopment, access or size oft e current location. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district,nor substantially diminish and impair other property valuations with the neighborhood; There will be no noticeable change in the immediate vicinity. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within is they lie)- No changes to the current structure will be made. 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; There will be no change. 6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. We understand and ensure there will be no noticeable difference. PLAT OF SURVEY _ r WrA I f RED-- y �6��7�R.7i:IV�11i[i7 � 20 - i .............. . -- — y i4 $? ABBOTT COURT Its&d Surveying rvlc s Inc. ! -maw- BUFFALO GROVE,IL. i r 1Mfl.ii�a1 .u.lr11 v1,•�:.r f...,r,wrti rte.