2012-05811/12/2012
0
ORDINANCE NO. 2012 — 58
AN ORDINANCE APPROVING A
SPECIAL USE FOR A VETERINARY SERVICES FACILITY
IN THE INDUSTRIAL DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Therapet, LLC
Veterinary Real Estate Group, LLC
Veterinary Specialty Center
1495 Busch Parkway
The Corporate Grove Business Park
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 (the "Property ") attached
hereto is zoned in the Industrial District; and,
WHEREAS, CGA Investment Company, LLC is the owner ( "Owner "), of the Property; and,
WHEREAS, Mitchell Robbins and Jodi Kennedy ( "Petitioners ") have petitioned the Village
on behalf of Veterinary Real Estate Group, LLC; and,
WHEREAS, Veterinary Real Estate Group, LLC proposes to lease a space of
approximately 9,480 square feet at 1495 Busch Parkway for the purpose of operating a
veterinary services facility for physical rehabilitation of animals, and,
WHEREAS, Petitioners and Owner have represented to the Village that Veterinary Real
Estate Group, LLC, as lessee, and Owner, as lessor, have agreed to execute a lease (the "Lease ")
for the tenant space at 1495 Busch Parkway on the Property; and
WHEREAS, Petitioners have represented to the Village that Therapet, LLC is the business
entity that will operate the facility, and the name of said entity may be changed to VSC Sports
Medicine and Rehab, LLC, or some derivation thereof; and,
WHEREAS, said veterinary services facility requires approval as a special use in the
Industrial District; and,
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la
WHEREAS, the proposed facility would be developed and operated in accordance with
and pursuant to the following exhibits:
EXHIBIT A Legal Description
EXHIBIT B Acceptance and Agreement concerning special use
EXHIBIT C Business Plan Narrative
EXHIBIT D Overall site plan property
EXHIBIT E Conceptual floor plan dated October 23, 2012 by Rauhaus
Freedenfeld & Associates
WHEREAS, notice of the public hearing concerning the petition for the special use was
given, and the public hearing was held by the Buffalo Grove Plan Commission; and,
WHEREAS, the Plan Commission voted 9 to 0 to recommend approval of the special use,
including findings of fact that the proposed veterinary services facility meets the criteria for a
special use set forth in Section 17.28.040 of the Village's Zoning Ordinance; 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 pursuant to Section 17.48.020.C.19 of the Village Zoning
Ordinance for operation of a veterinary services facility on 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
Veterinary Real Estate Group, LLC executes the lease for the tenant space
at 1495 Busch Parkway and provides a copy of said fully executed lease to
Q
the Village. (Confidential information within the lease may be redacted
prior to delivery of the lease to the Village.)
B. If the requirements of the foregoing subsection A. are not provided to
the Village by January 31, 2013, the Village may, in its sole discretion,
void the special use approval.
C. The special use is granted to Therapet, LLC, and said special use does not
run with the land and is not assignable. It is understood and agreed that
the Petitioners intend to change the name of Therapet, LLC to VSC Sports
Medicine and Rehab, LLC or some derivation thereof. The special use may
be transferred to VSC Sports Medicine and Rehab, LLC or some derivation
thereof subject to review and approval by the Village.
D. The facility shall be used for the activities represented by Veterinary Real
Estate Group, LLC in the exhibits hereto and in testimony at the Plan
Commission public hearing, namely rehabilitation services for animals,
primarily dogs and cats, and activities ancillary thereto.
E. All veterinary services shall be conducted indoors at the facility.
F. An outdoor waste elimination area for animals shall be allowed in the
front yard along Busch Parkway proximate to the tenant space at 1495
Busch Parkway, and said area shall be cleaned and maintained on a
regular basis to avoid impacts including, but not limited to, odor and
noise.
G. Animal waste and other waste from the facility shall be managed to
comply with applicable Village regulations.
H. Off- street parking shall be provided to accommodate the parking demand
created by the veterinary services facility.
Section 3. This Ordinance shall be in full force and effect upon the submittal to and
approval by the Village of the lease set forth in Section 2.A. and the executed Acceptance and
Agreement (Exhibit B hereto). This Ordinance shall not be codified.
AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0 — None
ABSENT: 1— Berman
!� 0
4
PASSED: November 12, 2012 APPROVED: November 12, 2012
ATTEST: APPROV
Vi ge Clerk Je S. Braiman, Village President
5
EXHIBIT A
Legal Description
Therapet, LLC
Veterinary Real Estate Group, LLC
Veterinary Specialty Center
1495 Busch Parkway
The Corporate Grove Business Park
Lots 8, 9, 10, 11, 12, 13 and 14 in the Corporate Grove, being a subdivision of part of the
southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11
East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document
2305059 in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 1405 -1495 Busch Parkway, Buffalo Grove, IL
PIN:
15 -27- 405 -009 (Lot 8)
15 -27- 405 -008 (Lot 9)
15 -27- 405 -007 (Lot 10)
15 -27- 405 -006 (Lot 11)
15 -27- 405 -005 (Lot 12)
15 -27- 405 -004 (Lot 13)
15 -27- 405 -003 (Lot 14)
EXHIBIT B
Therapet, LLC
Veterinary Real Estate Group, LLC
Veterinary Specialty Center
1495 Busch Parkway
The Corporate Grove Business Park
Acceptance and Agreement concerning special use ordinance
Therapet, LLC does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2012 -58 duly passed and approved by the
Village of Buffalo Grove, IL granting the special use set forth in said Ordinance.
Therapet, LLC acknowledges that it has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2012 -58, and does hereby acknowledge and consent to each
and all of the provisions, restrictions, and conditions of said Ordinance.
Therapet, LLC
B.
Name (print): J( -1 )nt-
Title: , iI/]�� VVItV1J
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2012 -58.
•
Name (print):
' •
1 �,• �.
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 12, 2012, the Corporate
Authorities of the Village passed and approved No.
2012 -058, An Ordinance Approving a Special Use
for a Veterinary Services Facility in the Industrial
District Village of Buffalo Grove, Cook and Lake
Counties, Illinois Therapet, LLC Veterinary
Specilty Center copy of such Ordinance was posted
in and at the Village Hall, commencing on November
12, 2012 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 12"' day of
November, 2012.
i age Clerk
B
11/12/2012
ORDINANCE NO. 2012 — 58
AN ORDINANCE APPROVING A
SPECIAL USE FOR A VETERINARY SERVICES FACILITY
IN THE INDUSTRIAL DISTRICT,
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Therapet, LLC
Veterinary Real Estate Group, LLC
Veterinary Specialty Center
1495 Busch Parkway
The Corporate Grove Business Park
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 (the "Property ") attached
hereto is zoned in the Industrial District; and,
WHEREAS, CGA Investment Company, LLC is the owner ( "Owner "), of the Property; and,
WHEREAS, Mitchell Robbins and Jodi Kennedy ( "Petitioners ") have petitioned the Village
on behalf of Veterinary Real Estate Group, LLC; and,
WHEREAS, Veterinary Real Estate Group, LLC proposes to lease a space of
approximately 9,480 square feet at 1495 Busch Parkway for the purpose of operating a
veterinary services facility for physical rehabilitation of animals, and,
WHEREAS, Petitioners and Owner have represented to the Village that Veterinary Real
Estate Group, LLC, as lessee, and Owner, as lessor, have agreed to execute a lease (the "Lease ")
for the tenant space at 1495 Busch Parkway on the Property; and
WHEREAS, Petitioners have represented to the Village that Therapet, LLC is the business
entity that will operate the facility, and the name of said entity may be changed to VSC Sports
Medicine and Rehab, LLC, or some derivation thereof; and,
WHEREAS, said veterinary services facility requires approval as a special use in the
Industrial District; and,
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 Acceptance and Agreement concerning special use
EXHIBIT C Business Plan Narrative
EXHIBIT D Overall site plan property
EXHIBIT E Conceptual floor plan dated October 23, 2012 by Rauhaus
Freedenfeld & Associates
WHEREAS, notice of the public hearing concerning the petition for the special use was
given, and the public hearing was held by the Buffalo Grove Plan Commission; and,
WHEREAS, the Plan Commission voted 9 to 0 to recommend approval of the special use,
including findings of fact that the proposed veterinary services facility meets the criteria for a
special use set forth in Section 17.28.040 of the Village's Zoning Ordinance; 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 pursuant to Section 17.48.020.C.19 of the Village Zoning
Ordinance for operation of a veterinary services facility on 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
Veterinary Real Estate Group, LLC executes the lease for the tenant space
at 1495 Busch Parkway and provides a copy of said fully executed lease to
3
the Village. (Confidential information within the lease may be redacted
prior to delivery of the lease to the Village.)
B. If the requirements of the foregoing subsection A. are not provided to
the Village by January 31, 2013, the Village may, in its sole discretion,
void the special use approval.
C. The special use is granted to Therapet, LLC, and said special use does not
run with the land and is not assignable. It is understood and agreed that
the Petitioners intend to change the name of Therapet, LLC to VSC Sports
Medicine and Rehab, LLC or some derivation thereof. The special use may
be transferred to VSC Sports Medicine and Rehab, LLC or some derivation
thereof subject to review and approval by the Village.
D. The facility shall be used for the activities represented by Veterinary Real
Estate Group, LLC in the exhibits hereto and in testimony at the Plan
Commission public hearing, namely rehabilitation services for animals,
primarily dogs and cats, and activities ancillary thereto.
E. All veterinary services shall be conducted indoors at the facility
F. An outdoor waste elimination area for animals shall be allowed in the
front yard along Busch Parkway proximate to the tenant space at 1495
Busch Parkway, and said area shall be cleaned and maintained on a
regular basis to avoid impacts including, but not limited to, odor and
noise.
G. Animal waste and other waste from the facility shall be managed to
comply with applicable Village regulations.
H. Off- street parking shall be provided to accommodate the parking demand
created by the veterinary services facility.
Section 3. This Ordinance shall be in full force and effect upon the submittal to and
approval by the Village of the lease set forth in Section 2.A. and the executed Acceptance and
Agreement (Exhibit B hereto). This Ordinance shall not be codified.
AYES: 5 — Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0 — None
ABSENT: 1- Berman
in
PASSED: November 12, 2012 APPROVED: November 12, 2012
ATTEST: APPROVFM,
Village Clerk /J-el S. Braiman, Village President
5
EXHIBIT A
Legal Description
Therapet, LLC
Veterinary Real Estate Group, LLC
Veterinary Specialty Center
1495 Busch Parkway
The Corporate Grove Business Park
Lots 8, 9, 10, 11, 12, 13 and 14 in the Corporate Grove, being a subdivision of part of the
southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11
East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document
2305059 in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 1405 -1495 Busch Parkway, Buffalo Grove, IL
PIN:
15 -27- 405 -009 (Lot 8)
15 -27- 405 -008 (Lot 9)
15 -27- 405 -007 (Lot 10)
15 -27- 405 -006 (Lot 11)
15 -27- 405 -005 (Lot 12)
15 -27- 405 -004 (Lot 13)
15 -27- 405 -003 (Lot 14)
b
EXHIBIT B
Therapet, LLC
Veterinary Real Estate Group, LLC
Veterinary Specialty Center
1495 Busch Parkway
The Corporate Grove Business Park
Acceptance and Agreement concerning special use ordinance
Therapet, LLC does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2012 -58 duly passed and approved by the
Village of Buffalo Grove, IL granting the special use set forth in said Ordinance.
Therapet, LLC acknowledges that it has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2012 -58, and does hereby acknowledge and consent to each
and all of the provisions, restrictions, and conditions of said Ordinance.
Therapet, LLC
BYC
Name (print):., UA I Kn47gd j
Title: 6 i uzG6 M M I V)
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2012 -58.
Owner
By:
Name (print): /ES AQvt ,/Q11&;•�
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