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2005-027 After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,II,60089 5/16/2005 ORDINANCE NO.2005 -27 AN ORDINANCE APPROVING A SPECIAL USE IN THE B-3 PLANNED BUSINESS CENTER DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES,ILLINOIS Prestige Leasing,Inc. 88 Dundee Road 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 B-3 District; and, WHEREAS, Buffalo Grove Professional Building, LLC is the Owner of the Property; and, WHEREAS, Prestige Leasing, (hereinafter sometimes referred to as the "Petitioner") as lessee of the Property and with consent of the Owner, has petitioned the Village for approval of a special use in the B-3 District to operate a motor vehicle sales and leasing facility, including accessory maintenance of motor vehicles; and, WHEREAS, Prestige Leasing proposes to modify the Property for development of the facility pursuant to the following exhibits that are attached hereto and made a part hereof: EXHIBIT A Legal Description 0 2 EXHIBIT B Operational procedures of Prestige Leasing dated May 11, 2005 EXHIBIT C Site plan(Sheet C 1.1 )dated as last revised June 15, 2005 (color 11 x 17-inch)by John Conrad Schiess Architect [pursuant to Village Board direction on May 16,2005] EXHIBIT D Site plan(Sheet C1.1)dated as last revised June 14, 2005 by John Conrad Schiess Architect [pursuant to Village Board direction on May 16, 2005] EXHIBIT E Engineering plan dated as last revised June 15,2005 (Sheets C1.00, C1.01, C1.02, C1.03, C1.04 and C1.05)by Terra Engineering, Ltd. [pursuant to Village Board direction on May 16, 2005] EXHIBIT F Landscape plan dated as last revised June 2,2005 (Sheets L-1, L-2 and L-3) by Altamanu [pursuant to Village Board direction on May 16, 2005] EXHIBIT G Lighting plan dated as last revised May 25,2005 (Sheets E 1.00 and E 1.01)by Terra Engineering, Ltd. [pursuant to Village Board direction on May 16, 2005] EXHIBIT H Lighting fixture specification sheets EXHIBIT I Traffic analysis study dated as last revised May 6,2005 by Terra Engineering, Ltd. EXHIBIT J,J-1 Color rendering of building GROUP Building elevations dated May 9,2005 (Sheets D2.3,D2.4, EXHIBIT K D2.5 and D2.6) EXHIBIT L, L-1 Building floor plans dated May 9, 2005 (Sheets D2.1 and D2.2) EXHIBIT M Petitioner Acceptance and Agreement WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held on April 20, 2005 by the Buffalo Grove Plan Commission; and, 3 WHEREAS,based on the testimony and evidence presented at the public hearing, the Plan Commission made the following findings: 1. The Petitioner intends to operate the facility within the building and in outdoor parking areas on the Property. The facility will be used principally for the sale and leasing of motor vehicles, which activity will be complemented by accessory maintenance of motor vehicles. 2. The Petitioner presented a proposed plans for modification of the exterior of the building and proposed floor plans for modification of the interior of the building, which plans are attached hereto as Exhibits 3. The Petitioner presented a plan for the operation and management of the facility, which plan specifies the hours of operation of and the routes that will be used for test driving of motor vehicles as set forth in Exhibit B hereto. 4. The Petitioner presented plans depicting the maneuvers of trucks delivering motor vehicles to the Property and the adequacy of the site to accommodate said maneuvers. 5. The Petitioner presented a traffic analysis study attached hereto as Exhibit I indicating that the proposed facility will not create traffic congestion on public streets. 6. The Petitioner presented plans concerning outdoor lighting attached hereto as Exhibits G and H indicating that light will not spill over to adjacent properties. 7. The facility will serve the public convenience by providing a new opportunity to purchase or lease motor vehicles. The facility will not be detrimental to the public health, safety, morals, comfort, or general welfare. 8. The approval of the special use will be in harmony with the appropriate and orderly development of the area because the adjoining properties are business uses and other adjacent properties will be not be adversely affected by the facility. 9. The facility will not be injurious to the use and enjoyment of properties in the immediate vicinity nor will it substantially diminish or impair the valuations of nearby properties because the facility will be managed and maintained to be compatible the adjoining commercial uses and to minimize impacts on non-commercial adjacent properties. 4 10. The facility will not impede, substantially hinder, or discourage the development and use of adjoining properties. In addition, because the proposed activities in the facility will generate sales taxes, it will help the Village minimize increases in real property taxes on neighboring properties and throughout the Village. 11. The facility will continue to have adequate utilities, road access, drainage, and other necessary facilities. 12. The facility will provide sufficient parking areas on the Property, and therefore will not create any nuisances nor adversely affect the current conditions regarding traffic safety and congestion. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, 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 have been met and development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS,the Plan Commission unanimously recommended the approval of a special use for the proposed motor vehicle sales and leasing facility with accessory maintenance uses on the Property; and, WHEREAS,the President and Board of Trustees make the following findings and determinations: 1. Prestige Leasing has petitioned the Village to approve a special use for a motor vehicle sales and leasing facility at the Property. 2. The Property is located within the Village's B-3 zoning district and is currently improved with a building of approximately 10,320 square feet on a site of approximately 57,500 square feet. 3. Having considered the Plan Commission's recommendation based on the evidence and testimony, the President and Board of Trustees of the Village have determined that granting a special use for the facility on the Property, subject to the terms and conditions of this Ordinance, is in the best interests of the Village and its residents. NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 5 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 a motor vehicle sales and leasing facility including accessory maintenance uses, pursuant to Sections 17.44.030.C.18. and 17.44.040.C. of the Buffalo Grove Zoning Ordinance and pursuant to the Exhibits hereto for the Property legally described in EXHIBIT A attached hereto, subject to the conditions set forth herein. Section 3. The special use is subject to the following conditions: A. Use. The facility shall operate a motor vehicle sales and leasing operation with accessory maintenance services as set forth in Exhibit B hereto. There shall be not outside public address system. There shall be no parking or stopping of delivery vehicles on Dundee Road. The Village Board hereby finds that the use of the facility in accordance with the requirements of this Ordinance, will not impede, diminish or discourage the development and use of adjoining property. B. Remodeling of the Building. The Petitioner shall be authorized to remodel the building to accommodate the facility in accordance with the plans attached hereto as Exhibits J, J-1, K, L and L-1. All construction affecting the building shall be in compliance with all applicable Village Building and Life-safety codes. C. Site Alterations. The Petitioner shall be authorized to modify the exterior of the Property in accordance with the site plan attached hereto as Exhibit D, the engineering plan attached hereto as Exhibit E and the landscape plan attached hereto as Exhibit F. A final landscaping plan shall be submitted to the Village Forester prior to any site grading or removal of trees on the Property. No site grading or tree removal shall be done until the said work is approved by the Village Engineer and the Village Forester. D. Outdoor ligkting. All exterior lighting shall be turned off no later than one hour after the close of business each day, except for security lighting as approved by the Village. If the Village determines, in its sole discretion, that modifications are necessary to the outdoor lighting to maintain compatibility with adjacent properties or to ensure traffic safety on public roads, the Petitioner shall make said modifications as directed by the Village. 6 E. Outdoor display of motor vehicles. Vehicles displayed on the Property shall be located on the ground,not elevated in any manner. F. Hours of operation. Hours of operation for the Facility shall be: Monday—Thursday: 10:00 a.m.to 8:00 p.m. Friday and Saturday: 10:00 a.m.to 6:00 p.m. Sunday: closed G. Test driving of motor vehicles. The routes used for test driving shall be as set forth in Exhibit B hereto. A Prestige Leasing employee shall be in the vehicle for each test drive to ensure that the pre-planned routes are used. H. Signage. The Petitioner shall be required to seek approval of specific signage for the Facility in accordance with applicable Village requirements and procedures. Section 4. This Ordinance allows the Prestige Leasing facility as set forth herein. Any other use of the Property is subject to the approval by the Village in its sole discretion. Section 5. This Ordinance shall be in full force and effect from and after its passage and approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as Exhibit M, incorporated herein and made a part hereof and the filing of said Agreement and Consent Form with the Village. This Ordinance shall not be codified. AYES: 4—Braiman, Berman, Kahn, Trilling NAYS: 2—Glover,Rubin ABSENT: 0 -None PASSED: May 16, 2005 APPROVED: May 16, 2005 ATTEST: Village Clerk Elliott Hartstein, Village President This document was prepared by: Robert E.Pfeil,Village Planner Mail to: Village Clerk Village of Buffalo Grove Village of Buffalo Grove 50 Raupp Boulevard 50 Raupp Boulevard Buffalo Grove,IL 60089 Buffalo Grove,IL,60089 7 EXHIBIT A Prestige Leasing 88 Dundee Road SUBJECT PROPERTY LEGAL DESCRIPTION: The east 230 feet of the south 300 feet of the east lh of the southwest '/4 of Section 4, Township 42 North,Range 11 East of the Third Principal Meridian, in Cook County, Illinois (excepting therefrom the south 50 feet taken or used for highway purposes). SUBJECT PROPERTY COMMON DESCRIPTION: 88 Dundee Road, Buffalo Grove, IL. PIN: 03-04-302-006-0000 STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) CERTIFICATE 1, 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 May 16, 2005 the Corporate Authorities of the Village passed and approved Ordinance No. 2005-27 entitled: AN ORDINANCE APPROVING A SPECIAL USE IN THE B-3 DISTRICT FOR PRESTIGE AUTO LEASING, 88 DUNDEE ROAD provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2005-27, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing May 16, 2005, 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 17th day of May, 2005. Village tAerk By STATE OF ILLINOIS ) ss.