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2009-034 6/11/2009 ORDINANCE NO. 2009 - 34 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Xpedx Stores Division 1367 Barclay Boulevard Arbor Creek Business Center 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 pursuant to Ordinance No. 86-72; and, WHEREAS, The Realty Associates Fund VIII, LP is the owner of the Property; and, WHEREAS,Xpedx Stores Division,a division of International Paper Company,as lessee of the Property,proposes to occupy a space of 14,866 square feet known as 1367 Barclay Boulevard to conduct a paper distribution business,including retail sales of paper products and related products; and, WHEREAS, said retail use requires approval as a special use in the Industrial District pursuant to Section 17.48.020.C.14 of the Village Zoning Ordinance; and, WHEREAS, Xpedx Stores Division has petitioned for approval of a special use for retail sales in an area of approximately 460 square feet and a variation of Section 17.48.020.C.14.a. of the Village Zoning Ordinance to allow the sale of products not manufactured on the premises; and, WHEREAS,the proposed retail use would be developed and operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description 2 EXHIBIT B Letter dated May S, 2009 from Joseph V. Wagner, International Paper Company EXHIBIT C Floor plan of Xpedx lease space WHEREAS,notice of the public hearing concerning the petition for approval of the special use and variation concerning the sale of products not manufactured on the premises was given,and the public hearing was held by the President and Board of Trustees of the Village of Buffalo Grove; and, WHEREAS,the President and Board of Trustees determined that the criteria for a special use as set forth in Section 17.28.040 and the conditions set forth in Section 17.48.020.C.14 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 President and Board of Trustees determined that the variation to allow the retail sale of items not manufactured on the premises is appropriate based on the location of the facility proximate to businesses interested in purchasing said products, and the adequacy of roads and parking areas serving the use; 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 retail sales in an area of 460 square feet delineated as"customer service area"on Exhibit C hereto within the Xpedx lease space at 1367 Barclay Boulevard,and approving a variation of Section 17.48.020.C.14.a.of the Village Zoning Ordinance to allow the sale ofproducts not manufactured on the premises,pursuant to Exhibits B and C attached hereto. Section 3. The special use and variation approved herein are granted only to Xpedx Stores Division. The special use and variation do not run with the land and are not assignable. 3 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: 5—Braiman, Berman, Trilling, Stone, Sussman NAYS: 0 -None ABSENT: 1 - Glover PASSED: June 15,2009 APPROVED: June 15, 2009 ATTEST: y C� APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President 4 EXHIBIT A Legal Description Xpedx Stores Division 1367 Barclay Boulevard Arbor Creek Business Center SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 101 in Klefstad's First Subdivision,being a resubdivision of Lots 22,23 and 24 in Arbor Creek Business Centre Subdivision,being a subdivision in Section 27,Township 43 North,Range 11 East of the Third Principal Meridian,according to the plat of said Klefstad's First Subdivision, recorded December 30, 1988 as Document 2753350, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1367 Barclay Boulevard,Buffalo Grove,IL PIN: 15-27-206-016