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2013-08-19 - Ordinance 2013-053 - APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, BODY IMPACT LIMITED8/13/2013 ORDINANCE NO. 2013 — 53 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Body Impact Limited 1624 Barclay Boulevard Rogers Center for Commerce —West 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 as a Planned Unit Development pursuant to Ordinance No. 88- 72; and, WHEREAS, Arthur J. Rogers & Company is the owner of the Property; and, WHEREAS, Body Impact Limited, an Illinois corporation, as lessee of the Property, has petitioned to the Village for approval of a special use in the Industrial District to operate a recreation facility including personal training and physical fitness activities in a space of 2,000 square feet at 1624 Barclay Boulevard, WHEREAS, the facility would be 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 February 15, 2013 Angel Santiago, CEO /Founder Body Impact EXHIBIT D Conceptual floor plan WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held by the Village Plan Commission and, 9 . 1 • 2 WHEREAS, the Plan Commission held a public hearing on August 7, 2013 and determined that the criteria for a special use as set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance have been met; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that use 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 a recreation facility including personal training and physical fitness activities pursuant to Exhibits C and D attached hereto for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use is granted to Body Impact Limited and does not run with the land. B. The special use granted to Body Impact Limited is assignable to subsequent petitioners seeking assignment of this special use as follows: 1. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. C. The Petitioner shall comply with the Illinois Accessibility Code, including the location of handicapped accessible parking spaces. D. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B. L J 3 • Section 3. This Ordinance shall be in full force and effect upon the submittal of the Petitioner's Acceptance and Agreement as set forth in Section 2.D. of this Ordinance. This Ordinance shall not be codified. AYES: 5 — Berman, Trilling, Sussman, Terson, Stein NAYS: 0 — None ABSENT: 1- Ottenheimer PASSED: August 19, 2013 APPROVED: August 19, 2013 ATTEST: APPROVE " Village Clerk Jeffr aiman, Village President 1, J • GI EXHIBIT A Legal Description Body Impact Limited 1624 Barclay Boulevard Rogers Center for Commerce -West SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 of Rogers Centre for Commerce, a resubdivision of Lots 4, 5, 6, 7 and 8 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, recorded June 11, 1987 as Document No. 2577287, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1624 Barclay Blvd, Buffalo Grove, IL PIN: 15 -27- 101 -008 5 EXHIBIT B Body Impact Limited 1624 Barclay Boulevard Rogers Centre for Commerce -West Petitioner Acceptance and Agreement concerning special use ordinance Body Impact limited acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2013 -53 pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. i Body The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2013 -53. Owner: Arthur J. Rogers & Company By: "AXA, Name (print): k� 7, C, a Title: N;A�' Village of Buffalo Grove Building and Zoning Department 50 Raupp Boulevard Buffalo Grove, IL 60089 February 15, 2013 To Whom It May Concern: I- Ariitsi i C I As requested in the Tenant and Use Form, below is a detailed description of our company, and our operation at 1624 Barclay Blvd. Body Impact is an Illinois LLC that works with athletes, and other individuals to improve all aspects of their physical performance. Services provided by the company in the location will be: • Complete physical evaluations; • Strength training, • Power and Speed • Mobility Training; • Stability Training; • Conditioning Training; • Tech nical /Biomechanical. anai.ysis of sport • Corrective exercise and post rehabilitation conditioning + As well as self- defense classes; No retail sales will take place at this address. No special equipment, chemicals, or compressed gases will be stored or used on this site. If I may be of any service, or answer any questions, please do not hesitate to contact me. iii Ifil�i Angel Santiago CEO /Founder Body Impact, LLC. 847- 943 -9824 2618 N Avers Avenue — Chicago, Illinois 60647 www.bodyimpactchicago.com 847 - 943 -9824 4