2011-05711/30/2011
0
ORDINANCE NO. 2011- 57
0
AN ORDINANCE APPROVING A
SPECIAL USE IN THE INDUSTRIAL DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Matthew Kuhlman
The Sweatshop LLC
368 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 Village Ordinance No. 83 -32; and,
WHEREAS, F.S.G.B., LLC is the owner of the Property; and,
WHEREAS, Matthew Kuhlman is the sole member of the The Sweatshop LLC, an Illinois
limited liability company, and is the operator of the business known as The Sweatshop; and,
WHEREAS, Matthew Kuhlman (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 368 Lexington Drive for the purpose of operating
a personal training and physical fitness facility; and,
WHEREAS, said personal training and physical fitness 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
P
0
EXHIBIT C Letter dated October 18, 2011 from Matthew Kuhlman
EXHIBIT D Narrative concerning parking and traffic circulation (one page, not
dated)
EXHIBIT E Plat of survey (8 % x 11 inches, not dated)
EXHIBIT F Building plan with tenant spaces delineated (8 % 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 November 16, 2011 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 personal training and physical fitness facility
pursuant to EXHIBITS C, D, E and F 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 Matthew
Kuhlman executes a lease for the tenant space at 368 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 December 19,
2011, the Village may, in its sole discretion, void the special use approval.
3
C. The special use is granted to Matthew Kuhlman 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 19, 2011.
E. The facility shall be used for individual and group personal training and
physical fitness activities 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, competitions.
F. The Petitioner and Owner shall monitor traffic circulation and parking on
the Property and take appropriate measures, as approved bythe 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 facility.
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: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0 — None
ABSENT: 0 — None
PASSED: December 5, 2011
APPROVED: December 5, 2011
ATTEST: APPROVED:
Village Clerk
JE)FFR
Village President
GI
EXHIBIT A
Legal Description
The Sweatshop
368 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: 368 Lexington Drive, Buffalo Grove, IL
PIN: 15 -34- 302 -038
5
EXHIBIT B
Matthew Kuhlman
The Sweatshop LLC
368 Lexington Drive
Buffalo Grove Commerce Center
Petitioner Acceptance and Agreement concerning special use ordinance
Matthew Kuhlman does hereby accept and agrees to abide by and be bound byeach ofthe terms, .
conditions and limitations set forth in 'Ordinance No. 2011` =57 duly passed and. approved:by the
Village of Buffalo Grove, IL granting the special use set forth in said Ordinance.
Matthew Kuhlman acknowledges that he has read and understands all of the terms and provisions
of said Buffalo Grove Ordinance No. 2011 -57, and does hereby acknowledge and consent-to each"
and all of the provisions, restrictions, and conditions of said Ordinance.
„
Matthew Kuhlman
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2011 -57.
Owner, F.S.G.B., LLC
By. G A�
My name is Matt Kuhlman,
I am the owner, operator, and currently the only employee of
The Sweatshrop.
The Sweatshop is the most affordable, effective, and fun way to
workout. We offer both personal training and bootcamp classes
for all ages an all levels of physical fitness. Our specialty and
primary objective is to help our clients base weight to prevent
and alleviate health risks including diabetes, obesity, and heart
disease, and also to feel better about themselves. We train
everyone, but our typical client is female between 'the ages of 18-
55, and is focused can weight loss and body Fat redaction.
We are a little different than "traditional" personal training
facilities. With us, you will never need an appointment and
you're never running late. Within the hours of operation, l am
always here ready and waiting to give you the best workout of
your life. Whether your goal Is weight loss, strength, toning, or
stamina, your workout will always be specifically tailored to your
own goals, abilities and limitations.
Our training style is completely unique as no two workouts are
ever the same. When you walk in the doors of The Sweatshop,
you will never )snow what to expect.
Boredom is not an option with us...
We are an extremely fun and friendly workout community with
over 50 active clients.
Training sessions are typically in small groups.
Our equipment includes: dumbbells, bosu balls, treadmills,
medicine balls, steppers, etc...
:
t 0 . EXHIBIT
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 -SPM still allowing special meeting parking as required. We have observed usage of less
than 60 f 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; namely
From ownerships standpoint 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 our future
leasing ability,
[ter.,, a? ✓ ;4 .. I {rt r^3% : L,r. Wi ✓. ti) i °_� t 4 ' 1 t t c u
+. /'� ,, u fi'A — r { i 7 ffi, £ 1 p& 6 1 >f
r
Ls 4 PA — 0,1 A
...'dill ar f 6 A, Mti
i^t,:tr�s1'lr rj—
t. yv\
368 Lexington Drive
]Lexington 'Tech Centex
Buffalo Grove, Illinois 60039 1 J-7 -T=
IT
I I
,.iil
2,050 sf. available
! k g f x l 1 l
�u:7 .11 57 2050 11) W 10111) '1101)0 316.1 i
t
ter rr C)rrtcl
iasa�i o mct csM7, offrct
T r?(i
HT
........ ... ......
350-370 Lexingl,on
Notes:
Layout, Dimensions, Locations and Quantities, etc. are all
subject to verification and Final Review. Plan is for
Information purposes; only, Owner assumes no Liability
for the information shown.
-M
VILLAGE OF
BUFFALO GROVE
Department o"" f "ie�"kvices
Fifty Raupp Blv .
Buffalo Grove, IL 60089 -2100
Phone 847 - 459 -2500
Fax 847 - 459 -0332 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 5, 2011, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2011 -57 AN ORDINANCE APPROVING
A SPECIAL USE FOR A PERSONAL TRAINING AND
FITNESS FACILITY, 368 LEXINGTON DRIVE IN THE
INDUSTRIAL DISTRICT prepared, and a copy of such
Ordinance was posted in and at the Village Hall,
commencing on December 6, 2011 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 6`" day of
December, 2011.
"c" jo-tlj-�
BY
11/30/2011
ORDINANCE NO. 2011 - 57
AN ORDINANCE APPROVING A
SPECIAL USE IN THE INDUSTRIAL DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Matthew Kuhlman
The Sweatshop LLC
368 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 Village Ordinance No. 83 -32; and,
WHEREAS, F.S.G.B., LLC is the owner of the Property; and,
WHEREAS, Matthew Kuhlman is the sole member of the The Sweatshop LLC, an Illinois
limited liability company, and is the operator of the business known as The Sweatshop; and,
WHEREAS, Matthew Kuhlman (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 368 Lexington Drive for the purpose of operating
a personal training and physical fitness facility; and,
WHEREAS, said personal training and physical fitness 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:
EXHIBITA Legal Description
EXHIBIT B Petitioner's Acceptance and Agreement concerning special use
2
EXHIBIT C Letter dated October 18, 2011 from Matthew Kuhlman
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 % 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 November 16, 2011 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 personal training and physical fitness facility
pursuant to EXHIBITS C, D, E and F 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 Matthew
Kuhlman executes a lease for the tenant space at 368 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 December 19,
2011, the Village may, in its sole discretion, void the special use approval.
3
C. The special use is granted to Matthew Kuhlman 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 19, 2011.
E. The facility shall be used for individual and group personal training and
physical fitness activities 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, competitions.
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 facility.
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: 6 — Berman, Trilling, Sussman, Terson, Stein Ottenheimer
NAYS: 0 — None
ABSENT: 0 — None
PASSED: December 5, 2011
APPROVED: December 5, 2011
ATTEST: APPROVED:
Village Clerk JO R BR�IMAN, Village President
11
EXHIBIT A
Legal Description
The Sweatshop
368 Lexington Drive
Buffalo Grove Commerce Center
SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 32 in the Buffalo Grove Commerce Center, Unit 213,
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: 368 Lexington Drive, Buffalo Grove, IL
PIN: 15 -34- 302 -038
9
EXHIBIT B
Matthew Kuhlman
The Sweatshop LLC
368 Lexington Drive
Buffalo Grove Commerce Center
Petitioner Acceptance and Agreement concerning special use ordinance
Matthew Kuhlman does hereby accept and agrees to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2011 -57 duly passed and approved by the
Village of Buffalo Grove, IL granting the special use set forth in said Ordinance.
Matthew Kuhlman acknowledges that he has read and understands all of the terms and provisions
of said Buffalo Grove Ordinance No. 2011 -57, and does hereby acknowledge and consent to each
and all of the provisions, restrictions, and conditions of said Ordinance.
Matthew Kuhlman
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2011 -57.
Owner, F.S.G.B., LLC
Location Map:
350 - 370 Lexington Dr
A F)
368 Lexington Dr
AL),
H@A[N,
Scale in Feet
20 0 60 120
30 10 30 '0
Map prepared by the Division of Planning Services, 11/01/2011
VX
ZI
366 Lexing
on Dr
- -- ---- ---
A
EXHIBIT C
Al"
My name is at Kuhlman,
I am the owner, operator, and currentIv the only employee of
The Sweatshop.
Matt Kuhlman
NASIVI-CPT
The property has more than ample parking for the zoned use — currently 74 spaces with usage during
peak times 9AM -SPM still allowing special ;greeting 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 chive 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, namely
From ownerships standpoint 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 our future
leasing ability.
r'
t
f
f7 /'.1\. !"
P/ rs t
r! lift.
r'
EXHIBIT
E
All
1
5
i
I
1
�I
t_
fit*. 1
t�k
�
t
�
u-
lot •;t.
,
{
I
+
it
i
{9CM,
UM
CPA
ek,:
MA c
1�1
ll
ONE
# it
WJ
I
i
1
Y
�
1
368 Lexington Drive
Lexington Tech Center
Buffalo Grove, 1111"nol's 6008f
2,050 s,f available
5�
C)
IJIM!
N
INotes:
Layout, Dimensions, Locations and Quantities, etc. are all
subject- to verification and Final Review. Plan is for
information purposes only. Owner assumes no Liability
for the information shown,