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2009-09212/21/2009 0 ORDINANCE NO. 2009 — 92 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Buffalo Grove Martial Arts Indoor Play Center 700 Armstrong 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, Rude Limited Partnership is the owner of the Property; and, WHEREAS, NHW Enterprises, Inc. (hereinafter referred to as the "Petitioner ") is the contract purchaser of the Property; and, WHEREAS, the Petitioner will be taking title to the Property in the name of K B W Holdings, LLC, an Illinois limited liability company whose manager is Bert Witte, and members are Bert Witte and Kathy Witte in equal shares. WHEREAS, Petitioner proposes to renovate the building (11,400 square feet) on the Property for use as a martial arts training facility and related physical exercise programs; and, WHEREAS, said proposed use for a martial arts training facility and related physical exercise programs is a recreational facility requiring approval as a special use in the Industrial District; and, WHEREAS, there are seventeen (17) designated off — street parking spaces in the parking lot east of the building on the Property, and five (5) additional parking spaces can be provided on the Property, including two (2) outdoor spaces on driveway aprons and three (3) indoor spaces in the building; and, 2 WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E Legal Description Petitioner's Acceptance and Agreement concerning special use Conceptual floor plan Project narrative ( "Summary of Proposal ") Schedule of training programs 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 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 an indoor play center for children pursuant to Exhibits C, D and E 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 NHW Enterprises, Inc. completes the purchase of the Property and takes title in the name of K B W Holdings, LLC. If said purchase is not completed by March 31, 2010, the special use is automatically revoked. C B. The special use is granted to NHW Enterprises, Inc., does not run with the land, and is not assignable. If more than fifty (50) percent of the stock or ownership ofNHW Enterprises, Inc. is sold or transferred, the special use is terminated. C. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 30, 2009. D. The facility shall be used for martial arts training programs and related physical exercise programs as represented in the Exhibits hereto presented by the Petitioner. E. The Petitioner shall make best efforts to obtain rights for off —site parking proximate to the Property to serve customers, employees and visitors at the facility. F. The Petitioner shall take appropriate actions to inform all customers and visitors to the facility that parking on Armstrong Drive is prohibited, including the dropping off and picking up students and other persons at the facility. G. The Petitioner shall schedule programs at the facility to minimize the demand for parking by customers and other visitors leaving and arriving for various training sessions and other programs. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance and documentation that title to the Property has transferred to K B W Holdings, LLC. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: December 21, 2009 APPROVED: December 21, 2009 ATTEST: APPROVED: Village Clerk ELLIOTT HARTSTEIN, Village President 2 EXHIBIT A Legal Description 700 Armstrong Drive Buffalo Grove Commerce Center SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 7 in the Buffalo Grove Commerce Center Unit 1, being a subdivision of part of the west half 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: 700 Armstrong Drive, Buffalo Grove, IL PIN: 15-34-308-004 E EXHIBIT B Petitioner Acceptance and Agreement concerning special use ordinance Buffalo Grove Martial Arts Indoor Play Center 700 Armstrong Drive Buffalo Grove Commerce Center NHW Enterprises, Inc., does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2009 -92 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. NHW Enterprises, Inc., acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -92, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. NHW Ent rises, Inc. By: Name (print): Title: ✓'P�� �o..c g,x. I)vvv- C1 05 0 fit. /200 � Q���v J � vtre,\ (IrOAl TAY -10 i-6 ell Z = H • Tf2 ro 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, December 21, 2009 the Corporate Authorities of the Village passed and approved Ordinance No. 2009 -92, AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, Buffalo Grove martial Arts Indoor P {lay Center, 700 Armstrong Dr. Buffalo Grove commerce Center provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance . No. 2009 -92, 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 December 21, 2009 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 22nd day of December, 2009. V 12/21/2009 MW ORDINANCE NO. 2009 — 92 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Buffalo Grove Martial Arts Indoor Play Center 700 Armstrong Drive Buffalo Grove Commerce Center WHEREAS, the Village of Buffalo Grove is a Horne 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, Rude Limited Partnership is the owner of the Property; and, WHEREAS, NHW Enterprises, Inc. (hereinafter referred to as the "Petitioner ") is the contract purchaser of the Property; and, WHEREAS, the Petitioner will be taking title to the Property in the name of K B W Holdings, LLC, an Illinois limited liability company whose manager is Bert Witte, and members are Bert Witte and Kathy Witte in equal shares. WHEREAS, Petitioner proposes to renovate the building (11,400 square feet) on the Property for use as a martial arts training facility and related physical exercise programs; and, WHEREAS, said proposed use for a martial arts training facility and related physical exercise programs is a recreational facility requiring approval as a special use in the Industrial District; and, WHEREAS, there are seventeen (17) designated off — street parking spaces in the parking lot east of the building on the Property, and five (5) additional parking spaces can be provided on the Property, including two (2) outdoor spaces on driveway aprons and three (3) indoor spaces in the building; and, 1 3 2 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 Conceptual floor plan EXHIBIT D Project narrative ( "Summary of Proposal ") EXHIBIT E Schedule of training programs 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 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 an indoor play center for children pursuant to Exhibits C, D and E 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 NHW Enterprises, Inc. completes the purchase of the Property and takes title in the name of K B W Holdings, LLC. If said purchase is not completed by March 31, 2010, the special use is automatically revoked. MW C B. The special use is granted to NHW Enterprises, Inc., does not run with the land, and is not assignable. If more than fifty (50) percent of the stock or ownership of NHW Enterprises, Inc. is sold or transferred, the special use is terminated. C. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 30, 2009. D. The facility shall be used for martial arts training programs and related physical exercise programs as represented in the Exhibits hereto presented by the Petitioner. E. The Petitioner shall make best efforts to obtain rights for off —site parking proximate to the Property to serve customers, employees and visitors at the facility. F. The Petitioner shall take appropriate actions to inform all customers and visitors to the facility that parking on Armstrong Drive is prohibited, including the dropping off and picking up students and other persons at the facility. G. The Petitioner shall schedule programs at the facility to minimize the demand for parking by customers and other visitors leaving and arriving for various training sessions and other programs. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance and documentation that title to the Property has transferred to K B W Holdings, LLC. This Ordinance shall not be codified. . AYES: NAYS: ABSENT; PASSED: ATTEST: 6 — Braiman Glover, Berman, Trilling, Stone, Sussman 0 — None 0 — None December 21, 2009 APPROVED: December 21, 2009 Village Clerk APP%RROOVVEDD: ELLIOTT HARTSTEIN, Village President 4 EXHIBIT A Legal Description 700 Armstrong Drive Buffalo Grove Commerce Center SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 7 in the Buffalo Grove Commerce Center Unit 1, being a subdivision of part of the west half 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: 700 Armstrong Drive, Buffalo Grove, IL PIN: 15 -34- 308 -004 5 EXHIBIT B Petitioner Acceptance and Agreement concerning special use ordinance Buffalo Grove Martial Arts Indoor Play Center 700 Armstrong Drive Buffalo Grove Commerce Center NHW Enterprises, Inc., does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2009 -92 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. NHW Enterprises, Inc., acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009 -92, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. NHW Ent rises, Inc. By: Name (print): �' /� �✓' T/� Title: r'P�% ��o •-c vk rl S, L. aoeeO 4.0--t 9--f �v oo Lob /V Ify 4154 Z., C. IF Tr