2018-01-22 - Ordinance 2018-001 - AMENDING SPECIAL USE ORD 2015-47 FOR 55 DUNDEE RDORDINANCE NO.2018 - 001
AN ORDINANCE AMENDING SPECIAL USE ORDINANCE 2015-47
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
55 Dundee Road
WITNESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, the subject site commonly known as 55 Dundee Road and hereinafter referred to
as the "Property", is legally described in Exhibit A attached hereto; and,
WHEREAS, the Village Board approved Ordinance 2015-47 granting a special use for the
ability to sell up to seven (7) used automobiles on the property to Regina Melman and Randhir Patel
of APR Car Wash Inc, subject to conditions; and,
WHEREAS, the Property is zoned in the B-2 General Retail Business District; and,
WHEREAS, Regina Melman proposes to change the business name to BG Auto, Inc. DB/A
EDR Auto Sales (hereinafter sometimes referred to as "Petitioner") and has petitioned the Village of
Buffalo Grove to change the ownership entity; and,
WHEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning
Commission held a public hearing and made its findings and recommendation for an amendment to
Ordinance 2015-47 for the Property; 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 recommended approval of the amendment
to Ordinance 2015-47, and;
WHEREAS, the following Exhibits 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
WHEREAS, the President and Board of Trustees of the Village find that the amendment to
Ordinance 2015-47 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
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 grant an amendment to Ordinance 2015-47
subject to the following conditions:
1. The special use granted to BG Auto, Inc. D/B/A EDR Auto Sales is assignable to
subsequent petitioners seeking assignment of this special use as follows:
i. 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) for a public
hearing or may hold a public hearing at the Village Board.
ii. 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.
2. The maximum number of vehicles for sale on the property shall not exceed seven (7)
vehicles. Said vehicles shall be stored in accordance with the approved site plan as
identified as Exhibit C in Ordinance 2015-47.
3. The Petitioner shall use printed signs and not hand written signs advertising automobiles
for sale.
4. The Petitioner and the Property Owner shall comply with all State of Illinois statutes and
regulations pertaining to the sale of used automobiles.
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: 5 — Berman, Stein, Weidenfeld, Johnson, Smith
NAYS: 0 - None
ABSENT: 1 - Ottenheimer
PASSED: Janua!y 22, 2018.
APPROVED: January 22,2018.
ATTEST:
Janet S'irabian, Village Clerk
This document was prepared by:
William Raysa, Village Attorney
22 S. Washington
Park Ridge, IL. 60068
After Recording Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
F-WA E-WA RON 101,
rkn, illage President
4
EXHIBIT A
Legal Description
55 Dundee Road, Buffalo Grove, Illinois
The east 120 feet of the west 353 fee (except the south 350 feet) of the north half of the northeast
quarter of the northwest quarter of Section 9, Township 42 North, Range 11 East of the Third
Principal Meridian in Cook County, Illinois
SUBJECT PROPERTY COMMON DESCRIPTION: 55 Dundee Road, Buffalo Grove, IL.
PIN: 03-09-101-027
5
EXHIBIT B
Acceptance and Agreement concerning approval of an amendment to Ordinance 2015-47
55 Dundee Road
BG Auto Inc. DB/A EDR Auto Sales acknowledges that he/she has read and understands all the
terms and provisions of Buffalo Grove Ordinance No. 2018 - 001 pertaining to approval of the
Special Use amendment and does hereby accept and agree to abide by and be bound by each of the
terms, conditions and limitations set forth in said Ordinance.
BG Auto Inc. DB/A EDR Auto Sales
an Illinois corporation
By: a., M&LIat"
Name (print): Reg' Melman
Title: Own
7/24/2015
N103371
ORDINANCE NO. 2015 - 47
AN ORDINANCE APPROVING SPECIAL USE
IN THE B-2 GENERAL RETAIL BUSINESS DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
55 Dundee Road
W ITN ESSETH:
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of
the Constitution of the State of Illinois of 1970; and,
WHEREAS, the subject site commonly known as 55 Dundee Road and hereinafter
referred to as the "Property", is legally described in Exhibit A attached hereto; and,
WHEREAS, EDR Unique, LLC, an Illinois limited liability company, and Regina Melman is
the owner of the Property (hereinafter sometimes referred to as the "Owner"); and,
WHEREAS, Owner proposes to continue using the property for the current automotive
repair and vehicle washing activities; and,
WHEREAS, the Property is zoned in the B-2 General Retail Business District; and,
WHEREAS, Randhir Patel as President of APR Car Wash Inc., (hereinafter sometimes
referred to as "Petitioner") has petitioned to the Village of Buffalo Grove for a special use to sell
up to seven (7) used automobiles on the Property; and,
WHEREAS, pursuant to due notice and advertisement, the Village Planning & Zoning
Commission held a public hearing and made its findings and recommendation for a special use
for the Property for sales of used automobiles; and,
WHEREAS, the Planning & Zoning Commission determined that the petition meets the
criteria for a special use set forth in Section 3.7.28.040 of the Buffalo Grove Zoning Ordinance;
and,
WHEREAS, the Planning & Zoning Commission voted 6 to 1 to recommend approval of a
special use the sales of used automobiles on the Property, and;
WHEREAS, the following Exhibits, some of which were presented in testimony
given by the Petitioner during the hearing held before the Planning & Zoning Commission prior
OA
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 Site Plan of the Property
WHEREAS, the President and Board of Trustees of the Village find that the approval of a
special use for sales of used 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 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 grant a special use to APR Car Wash, Inc.,
to sell up to seven (7) used automobiles on the Property subject to the following conditions:
A. "The special use granted to APR Carwash, Inc and EDR Unique LLC and Regina
Melman are assignable to subsequent petitioners seeking assignment of this special use
as follows:
i. 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) for a public hearing or may
hold a public hearing at the Village Board.
ii. 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
B. The maximum number of automobiles for sale on the Property shall not exceed
seven (7) automobiles. Said automobiles shall be stored in accordance with the
Petitioner's site plan attached hereto as Exhibit C.
C. The Petitioner and/or the Property Owner shall restripe the existing parking lot
in accordance with the site plan attached hereto as Exhibit C.
D. The Petitioner shall use printed signs and not hand written signs advertising
automobiles for sale.
E. The Petitioner and the Property Owner shall comply with all State of Illinois
statutes and regulations pertaining to the sale of used automobiles.
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:
NAYS:
ABSENT:
PASSED:
APPROVED
ATTEST:
it ge Clerk
#103371
5 —Trilling, Stein, Ottenheimer, Weidenfeld, Johnson
0 - None
1- Berman
August 3, 2015.
August 3, 2015.
This document was prepared by:
William Raysa, Village Attorney
22 S. Washington
Park Ridge, IL. 60068
After Recording Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
PPP i
','-,-Vi1-1age President
4
EXHIBIT A
Legal Description
55 Dundee Road, Buffalo Grove, Illinois
The east 120 feet of the west 353 fee (except the south 350 feet) of the north half of the
northeast quarter of the northwest quarter of Section 9, Township 42 North, Range 11 East of
the Third Principal Meridian in Cook County, Illinois
SUBJECT PROPERTY COMMON DESCRIPTION: 55 Dundee Road, Buffalo Grove, IL.
PIN: 03-09-101-027
5
EXHIBIT B
Acceptance and Agreement concerning
approval of a special use for the sale of used automobiles
55 Dundee Road
APR Car Wash, Inc., an Illinois corporation, by its President Randhir Patel acknowledges that he
has read and understands all the terms and provisions of Buffalo Grove Ordinance No. 2015 - 47
pertaining to approval of a special use, and does hereby accept and agree to abide by and be
bound by each of the terms, conditions and limitations set forth in said Ordinance.
APR Car Wash, Inc.
an Illinois corporatio
By:
Name (print): Randhir Pa
Title: President
Owner
EDR Unique, LLC, an Illinois limited liability company, acknowledges that it has read and
understands the terms, conditions and limitations set forth in said Ordinance 2015-47.
EDR Unique, LLC
an Illinois limited company
By:
Name (print): e, te
Title: ° 0
Owner
EXHIBIT C
Site Plan of the Property
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