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2008-07710/28/2008 9 • ORDINANCE NO. 2008 - 77 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Vaida Indriliunas Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce 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. 83 -32; and, WHEREAS, F.S.G.B., LLC is the owner of the Property; and, WHEREAS, Vaida Indriliunas as operator of Amber Music & Dance (hereinafter referred to as the "Petitioner ") proposes to lease a tenant space of 2,050 square feet in the building (overall area of approximately 24,620 square feet) on the Property commonly known as 366 Lexington Drive for the purpose of operating a music and dance training facility; and, WHEREAS, said music and dance training facility requires approval as a special use in the Industrial District; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated September 17, 2008 from Vaida Indriliunas 0 1 0 2 EXHIBIT D Narrative concerning parking and traffic circulation (one page, not dated) EXHIBIT E Plat of survey (8 1/2x 11 inches, not dated) EXHIBIT F Building plan with tenant spaces delineated (8 1/2x 11 inches, not dated) EXHIBIT G Floor plan for 366 Lexington Drive (8 %2 x 11 inches, not dated) WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission held a public hearing on October 15, 2008 and 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 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 operation of a music and dance training facility pursuant to EXHIBITS C, D, E, F and G for the Property legally described in EXHIBIT A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Vaida Indriliunas (d/b /a Amber Music & Dance) executes a lease for the tenant space at 366 Lexington Drive, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by January 30, 2009, the Village may, in its sole discretion, void the special use approval. 3 C. The special use is granted to Vaida Indriliunas as operator of Amber Music & Dance, and does not run with the land, and is not assignable. D. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 15, 2008. E. The facility shall be used for individual and group music and dance training as represented in the exhibits hereto and testimony presented by the Petitioner. The facility shall not be used for large group activities, including but not limited to, music and dance competitions and recitals. F. The Petitioner and Owner shall monitor traffic circulation and parking on the Property and take appropriate measures, as approved by the Village, to ensure the safety of pedestrians using the facility. G. The Village may, in its sole discretion, require modifications of the traffic management procedures for the facility if the Village determines that said modifications are necessary to ensure efficient traffic circulation and safe pedestrian movement. H. Improvements required by the Buffalo Grove Fire Department shall be completed prior to issuance of a certificate of occupancy for the music and dance facility. I. Petitioner shall obtain a Village business license and shall comply with the Illinois Assumed Business Name Act (805 ILCS 405/0.01) for the assumed name of Amber Music & Dance. Said Village business license and assumed name compliance shall be obtained prior to issuance of a certificate of occupancy. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: 4 — Braiman, Berman, Kahn, Trilling NAYS: 0 — None ABSENT: 2 — Glover, Rubin 9 PASSED: November 3, 2008 APPROVED: November 3, 2008 ATTEST: Qa,A YIl Z"&ICIA, Village Clerk • APPROVED: ELLIOTT HARTSTEIN, Village President 5 EXIIIBIT A Legal Description Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce Center • SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 32 in the Buffalo Grove Commerce Center, Unit 2B, being a subdivision of part of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian (excepting there from the west 600.00 feet as measured at right angles to west line thereof) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 366 Lexington Drive, Buffalo Grove, IL PIN: 15 -34- 302 -038 2 EXHIBIT B Vaida Indriliunas d/b /a Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce Center Petitioner Acceptance and Agreement concerning special use ordinance Vaida Indriliunas (d/b /a Amber Music & Dance) does hereby accept and agrees to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2008 -77 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. Vaida Indriliunas (d/b /a Amber Music & Dance) acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2008 -77, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Vaida Indriliunas d/b /a Amber Music & Dance Vaida Indriliunas The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2008 -77. Owner, F.S.G.B., LLC By: From: Vaida Indriliunas dba "Amber Music & Dance" 56 E Lakeview Ave. Round Lake Beach IL 60073 847 - 208 -5875 To Whom It May Concern EXHIBIT C 09.17.2008 I, Vaida Indriliunas, recently signed a lease agreement with FSGB LLC to rent a premises located at 366 Lexington Dr., Buffalo Grove, IL 60089. The entire space will be used solely as a dance studio under "Amber Music & Dance" business name. At the present time we are renting studio space from the "Mazur Dance Studio;" located at 1341 W Dundee Rd, Buffalo Grove, IL 60089. We have been working at that location for approximately one year. Classes will be taught Monday thru Friday 5pm to 9pm and Saturday 9am to 5pm. We anticipate approximately 15 to 30 students to show up for classes every day. Student ages will range from 4 year old kids to adults. We will have the following classes: pre - ballet, ballet, jazz, ballroom dance, tap, hip -hop, character dance as well as singing and music. We also plan to teach Pilates for adults and teens. All classes will be thought, either by me, or other experienced teachers. We are expecting to have about 3 -4 instructors at our studio including myself. No more than 1 -3 classes will be in session at the same time. No dance and music recitals, competitions, assemblies will be coordinated on site. If you should have any questions please do not hesitate to call me. Sincerely yours Vaida Indriliunas EXHIBIT D Comments from building owner, 350 -370 Lexington Drive Parking observations 350 -370 Lexington Drive Property The property has more than ample parking for the zoned use - currently 74 spaces with usage during peak times 9AM -5PM still allowing special meeting parking as required. We have observed usage of less than 60 % of total spaces with the current occupancy. We have not received any parking complaints except for the occasional overnight parking or drive lane blockage (typically stalled vehicle). We also have two drive lane access points for ease of entry and exit. The hours of operation for the proposed special use are outside the normal business hours of operation for the current tenants; they are from 5 -9 p.m.; occasionally, Saturday afternoons. From ownerships standpoir ;t we have no objection to the use and would not have supported this request if we had any concerns relative to the operation and well being of other tenants and of it fi Iture leasing ability. 366 Lexington Dr Q i KQ)TIN 40 0 160 320 80 8' 240 Map prepared by the Division of Planning Services, 9/16/2008 PAULINEI AVE. CD Ln Ln 41 -, 0 412 411 6* m �-�--� m Ln � 409 407 R 8 F-) (M - Northwood Park Ln Ln ,n c d o co n 1- `o - I d 2 `o `o �o � 1,o 0 34Q, 640 6 337 � � 638 4 X24 32,5 � `o 636 426 312 313 W Q, Ul 634 424 � 309 631 630 �r 30S 626 620 301 �0 � 624 Ln e�C �O o 621 622 620 618 ��9 N o cu X17 o 0 11 O ti ti o �� � ti ti 140 146 n-/ 142 2 11 139 144 0 111 '17 (9 N �� 145 146 109 6 g CTN 616 147 148 8 107 606 618 149 150 6 Q 105 604 620 151 152 4 �_ 103 � 602 622 153 154 �2 101 400- 421/431 30 I 7107 HASTINGS 1 1 300 320 I I 700 720 270 I 290 EASTWOOD LN 261 250/260 269 700 720 200/230 DARTMOUTH LN z 701 O 191 707 711 CD 160- z 180 X 708/ W 700 710 720 ARMSTRONG DR. STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, 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, November 3, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2009 -07 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT Amber Music & Dance, 366 Lexington Drive provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -77, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on November 4, 2008 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 4th day of November, 2008. Vi a e Clerk By 10/28/2008 ORDINANCE NO. 2008 - 77 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Vaida Indriliunas Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce 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. 83 -32; and, WHEREAS, F.S.G.B., LLC is the owner of the Property; and, WHEREAS, Vaida Indriliunas as operator of Amber Music & Dance (hereinafter referred to as the "Petitioner ") proposes to lease a tenant space of 2,050 square feet in the building (overall area of approximately 24,620 square feet) on the Property commonly known as 366 Lexington Drive for the purpose of operating a music and dance training facility; and, WHEREAS, said music and dance training facility requires approval as a special use in the Industrial District; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated September 17, 2008 from Vaida Indriliunas 2 EXHIBIT D Narrative concerning parking and traffic circulation (one page, not dated) EXHIBIT E Plat of survey (8 %2 x 11 inches, not dated) EXHIBIT F Building plan with tenant spaces delineated (8 1/2x 11 inches, not dated) EXHIBIT G Floor plan for 366 Lexington Drive (8 %2 x 11 inches, not dated) WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission held a public hearing on October 15, 2008 and 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 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 operation of a music and dance training facility pursuant to EXHIBITS C, D, E, F and G for the Property legally described in EXHIBIT A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Vaida Indriliunas (d/b /a Amber Music & Dance) executes a lease for the tenant space at 366 Lexington Drive, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by January 30, 2009, the Village may, in its sole discretion, void the special use approval. 3 C. The special use is granted to Vaida Indriliunas as operator of Amber Music & Dance, and does not run with the land, and is not assignable. D. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 15, 2008. E. The facility shall be used for individual and group music and dance training as represented in the exhibits hereto and testimony presented by the Petitioner. The facility shall not be used for large group activities, including but not limited to, music and dance competitions and recitals. F. The Petitioner and Owner shall monitor traffic circulation and parking on the Property and take appropriate measures, as approved by the Village, to ensure the safety of pedestrians using the facility. G. The Village may, in its sole discretion, require modifications of the traffic management procedures for the facility if the Village determines that said modifications are necessary to ensure efficient traffic circulation and safe pedestrian movement. H. Improvements required by the Buffalo Grove Fire Department shall be completed prior to issuance of a certificate of occupancy for the music and dance facility. I. Petitioner shall obtain a Village business license and shall comply with the Illinois Assumed Business Name Act (805 ILCS 405/0.01) for the assumed name of Amber Music & Dance. Said Village business license and assumed name compliance shall be obtained prior to issuance of a certificate of occupancy. Section 3. This Ordinance shall be in full force and effect upon the submittal ofthe fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: 4 — Braiman, Berman, Kahn, Trilliniz NAYS: 0 — None ABSENT: 2 — Glover, Rubin PASSED: November 3, 2008 APPROVED: November 3, 2008 ATTEST: Village Clerk APPR ED: ELLIOTT HARTSTEIN, Village President r 5 11 113 0 �1 Legal Description Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce Center SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 32 in the Buffalo Grove Commerce Center, Unit 2B, being a subdivision of part of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian (excepting there from the west 600.00 feet as measured at right angles to west line thereof) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 366 Lexington Drive, Buffalo Grove, IL PIN: 15 -34- 302 -038 C EXHIBIT B Vaida Indriliunas d/b /a Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce Center Petitioner Acceptance and Agreement concerning special use ordinance Vaida Indriliunas (d/b /a Amber Music & Dance) does hereby accept and agrees to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2008 -77 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. Vaida Indriliunas (d/b /a Amber Music & Dance) acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2008 -77, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Vaida Indriliunas d/b /a Amber Music & Dance Vaida Indriliunas The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2008 -77. Owner, F.S.G.B., LLC By. 141 ^ ti A EXHIBIT C From: Vaida Indriliunas 09.17.2008 dba "Amber Music & Dance" 56 E Lakeview Ave. Round Lake Beach IL 60073 847 - 208 -5875 To Whom It May Concern I, Vaida Indriliunas, recently signed a lease agreement with FSGB LLC to rent a premises located at 366 Lexington Dr., Buffalo Grove, IL 60089. The entire space will be used solely as a dance studio under "Amber Music & Dance" business name. At the present time we are renting studio space from the "Mazur Dance Studio;" located at 1341 W Dundee Rd, Buffalo Grove, IL 60089. We have been working at that location for approximately one year. Classes will be taught Monday thru Friday 5pm to 9pm and Saturday 9am to 5pm. We anticipate approximately 15 to 30 students to show up for classes every day. Student ages will range from 4 year old kids to adults. We will have the following classes: pre - ballet, ballet, jazz, ballroom dance, tap, hip -hop, character dance as well as singing and music. We also plan to teach Pilates for adults and teens. All classes will be thought, either by me, or other experienced teachers. We are expecting to have about 3 -4 instructors at our studio including myself. No more than 1 -3 classes will be in session at the same time. No dance and music recitals, competitions, assemblies will be coordinated on site. If you should have any questions please do not hesitate to call me. Sincerely yours Vaida Indriliunas EXHIBIT D r Comments from building owner, 350 -370 Lexington Drive Parking observations 350 -370 Lexington Drive Property The property has more than ample parking for the zoned use - currently 74 spaces with usage during peak times 9AM -5PM still allowing special meeting parking as required. We have observed usage of less than 60 % of total spaces with the current occupancy. We have not received any parking complaints except for the occasional overnight parking or drive lane blockage (typically stalled vehicle). We also have two drive lane access points for ease of entry and exit. The hours of operation for the proposed special use are outside the normal business hours of operation for the current tenants; they are from 5-9 p.m.; occasionally, Saturday afternoons. From ownerships standpoint we have no objection to the use and would nof have supported this request if we had any concerns relative to the operation and well being of other tenants and of Ir fi Iture leasing ability. Location Map: 366 Lexington Dr Q ® Site 77077 Zoning 40 0 160 320 PAULINE CD 7 4 � Z 41 -, 0 707 711 412 CD 411 z 5 m Q` W 409 708/ 720 � Ln � 407 R8 Northwood Park Ln 0 34 640 6 4 b24 337 7 `o � 638 325 m 636 426 312 W 313 W ul 634 424 � 309 631 630 30,5 626 Cu �2C) 7 301 7 7 7 624 Ln ��C �O o� 621 622 �TyO 1 S � 620 R. 6],q O Co 70777 N `° 7 ° Cu �- 't r �7 � ',D ni tiC') cb ti ti� o� 140 6 � n-/ 14 142 ll 2 ti 139 144 0 111 7 N 7 145 146 109 6013 CTN 616 147 148 8 107 606 618 149 150 7 7 105 604 620 151 152 103 � 602 622 153 154 �2 101 80 60 240 3p prepared by the Division of Planning Services, 9/16/2008 AVE 400- 421/431 710-1 430 7 HASTINGS 300 320 I I 700 720 270- I 290 EASTWOOD LN 261 250760 269 0 700 720 200730 160- 180 ARMST DARTMOUTH LN Z 701 O 707 711 191 CD z W 700 708/ 720 � 710 NG DR. STATE OF ILLINOIS) ss. COUNTY OF COOK 1 CERTIFICATE I, 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 November 3, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2008 -77 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, 366 LEXINGTON DRIVE, BUFFALO GROVE COMMERCE CENTER provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -77, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on November 4, 2008 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 4th day of November, 2008. Vilh# Clerk 1 By 10/28/2008 ORDINANCE NO. 2008 - 77 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Vaida Indriliunas Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce 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. 83 -32; and, WHEREAS, F.S.G.B., LLC is the owner of the Property; and, WHEREAS, Vaida Indriliunas as operator of Amber Music & Dance (hereinafter referred to as the "Petitioner ") proposes to lease a tenant space of 2,050 square feet in the building (overall area of approximately 24,620 square feet) on the Property commonly known as 366 Lexington Drive for the purpose of operating a music and dance training facility; and, WHEREAS, said music and dance training facility requires approval as a special use in the Industrial District; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated September 17, 2008 from Vaida Indriliunas 0 2 EXHIBIT D Narrative concerning parking and traffic circulation (one page, not dated) EXHIBIT E Plat of survey (8 %2 x 11 inches, not dated) EXHIBIT F Building plan with tenant spaces delineated (8 1/2x 11 inches, not dated) EXHIBIT G Floor plan for 366 Lexington Drive (8 %2 x 11 inches, not dated) WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission held a public hearing on October 15, 2008 and 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 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 operation of a music and dance training facility pursuant to EXHIBITS C, D, E, F and G for the Property legally described in EXHIBIT A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Vaida Indriliunas (d/b /a Amber Music & Dance) executes a lease for the tenant space at 366 Lexington Drive, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by January 30, 2009, the Village may, in its sole discretion, void the special use approval. ki C C. The special use is granted to Vaida Indriliunas as operator of Amber Music & Dance, and does not run with the land, and is not assignable. D. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 15, 2008. E. The facility shall be used for individual and group music and dance training as represented in the exhibits hereto and testimony presented by the Petitioner. The facility shall not be used for large group activities, including but not limited to, music and dance competitions and recitals. F. The Petitioner and Owner shall monitor traffic circulation and parking on the Property and take appropriate measures, as approved by the Village, to ensure the safety of pedestrians using the facility. G. The Village may, in its sole discretion, require modifications of the traffic management procedures for the facility if the Village determines that said modifications are necessary to ensure efficient traffic circulation and safe pedestrian movement. H. Improvements required by the Buffalo Grove Fire Department shall be completed prior to issuance of a certificate of occupancy for the music and dance facility. I. Petitioner shall obtain a Village business license and shall comply with the Illinois Assumed Business Name Act (805 ILCS 405/0.01) for the assumed name of Amber Music & Dance. Said Village business license and assumed name compliance shall be obtained prior to issuance of a certificate of occupancy. Section 3. This Ordinance shall be in full force and effect upon the submittal ofthe fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: 4 — Braiman, Berman Kahn Trilling NAYS: 0 — None ABSENT: 2 — Glover, Rubin PASSED: November 3, 2008 APPROVED: November 3, 2008 ATTEST: Village Clerk APPROVED: � A� e__- -Z 41 ELLIOTT HARTSTEIN, Village President A S EXHIBIT A Legal Description Amber Music & Dance 366 Lexington Drive Buffalo Grove Commerce Center SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 32 in the Buffalo Grove Commerce Center, Unit 2B, being a subdivision of part of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian (excepting there from the west 600.00 feet as measured at right angles to west line thereof) in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 366 Lexington Drive, Buffalo Grove, IL PIN: 15 -34- 302 -038