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2014-02-24 - Ordinance 2014-014 - APPROVING A SPECIAL USE FOR K&K ASSOCIATION DBA SPETSNAZ USA MARTIAL ARTS AT 1553 BARCLAY BLVD2/13/2014 t ORDINANCE NO. 2014 —14 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS K &K Association, Inc. d /b /a Spetsnaz USA Martial Arts 1553 Barclay Boulevard Rogers Center for Commerce —East 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. 92- 4; and, WHEREAS, Arthur J. Rogers & Company is the owner of the Property; and, WHEREAS, K &K Association, an Illinois corporation d /b /a Spetsnaz USA Martial Arts, ( "Petitioner ") 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 2,100 square feet at 1553 Barclay Boulevard; and, 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 October 16, 2013 with information sheet by Mikhail Kogan, Spetsnaz USA 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, 0) WHEREAS, the Plan Commission held a public hearing on January 15, 2014 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 Plan Commission voted 6 to 0 to recommend approval of the special use; 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 K &K Association, Inc. d /b /a Spetsnaz USA Martial Arts and does not run with the land. B. The special use granted to K &K Association, Inc. 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. 3 0 C. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B. 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.C. of this Ordinance. This Ordinance shall not be codified. AYES: 6 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0 — None ABSENT: 0 — None PASSED: February 24, 2014 APPROVED: February 24. 2014 ATTEST: APPROVE Vi age Clerk effr raiman, Village President C IH EXHIBIT A Legal Description K &K Association, Inc. d /b /a Spetsnaz USA Martial Arts 1553 Barclay Boulevard Rogers Center for Commerce -East SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 of Rogers Centre for Commerce East, being a resubdivision of Lots 1, 2 and 3 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, recorded September 11, 1992 as Document No. 3210626, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1553 Barclay Blvd, Buffalo Grove, IL PIN: 15 -27- 206 -017 1*1 EXHIBIT B K &K Association, Inc. d /b /aSpetsnaz USA Martial Arts 1553 Barclay Boulevard Rogers Centre for Commerce -East Petitioner Acceptance and Agreement concerning special use ordinance K &K Association, Inc. d /b /a Spetsnaz USA Martial Arts acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2014 -14 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. K &K Association, Inc., d /b /a 5petsnaz USA Martial Arts By: /I n' ' J % Name (print):' "� ; k �1 �, / (c o 0 Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2014 -14. Owner: Arthur J. Rogers & Company By: Name (pr'nt)'t` I2.D6a`2-s Title: Ve-Lki& �-d/ Pk -k- -'