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2015-04-20 - Ordinance 2015-018 - APPROVING A SPECIAL USE FOR A MEDICAL CANNABIS DISPENSARY - PDI MEDICAL, 1623 BARCLAY BLVD 4/14/2015 -Draft #101952 ORDINANCE NO.2015- 18 AN ORDINANCE APPROVING A SPECIAL USE FOR A MEDICAL CANNABIS DISPENSARY IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS PDI Medical 111,LLC 1623 Barclay Boulevard WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Village has received an application from PI Medical 111, LLC, an Illinois limited liability company("PDI") proposing a Special Use for a Medical Cannabis Dispensary in a 3,250 square foot tenant space in the Arthur Rogers Industrial Park located at 1623 Barclay Boulevard, Buffalo Grove, Illinois (the"Premises")-9 and, Whereas the Premises is located on the real property legally described in Exhibit A (the "Property") attached hereto and is zoned in the Industrial District and Rogers Center For Commerce—East Limited Partnership is the owner C'Owner"),of the Property; and, WHEREAS, PDI has received a Conditional Authorization from the State of Illinois to proceed to register to operate a medical cannabis dispensary in District 27, Lake County, Illinois which includes the Village of Buffalo Grove; and, WHEREAS, the Village Zoning Ordinance, Title 17 of the Buffalo Grove Municipal Code, allows a medical cannabis dispensary as a Special Use in the Industrial District; and, WHEREAS, the Premises would be developed and operated in accordance with and pursuant to the following Exhibits and Section 2 of this Ordinance: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning the Special Use EXHIBIT C Map of Rogers Centre For Commerce-East EXHIBIT D Main Level Floor Plan-Study C of the Premises I EXHIBIT E Letter dated February 25, 2015 from PDI Medical to the Village of Buffalo Grove (10 pages). EXHIBIT F PD I's Presentation to the Planning&Zoning Commission on April 1, 2015 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 Planning & Zoning Commission on April 1, 2015; and, WHEREAS, the Village Planning & Zoning Commission voted unanimously to recommend approval of the Special Use for a medical cannabis dispensary to PDI Medical 111, LLC at the Premises; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development of the Premises on the to 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 medical cannabis dispensary to P Medical 111, LLC at the Premises located at 1623 Barclay Boulevard, on the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use for a cannabis dispensary is granted to P Medical 111, LLC, as its ownership is currently constituted, for the tenant space at 1623 Barclay and shall substantially confonn to the plans submitted as part of the petition. The special use shall not be transferable, assignable and does not run with the land. B. The hours of operation shall be limited to 8am to 6pm Monday — Friday and 9am to 3pm on Saturday, except as may be approved by the Village. C. All exterior signage associated with the proposed Medical Cannabis Dispensary located at 1623 Barclay Blvd shall be in compliance with the Sign Regulations established in 2 Chapter 14 of the Buffalo Grove Municipal Code. In addition, no exterior signage or window signage shall use the word "marijuana," "cannabis," or any other word, phrase or symbol commonly understood to refer to marijuana or cannabis. D. The display of merchandise and/or products related to medical cannabis shall not be visible from the exterior of the building. E. Prior to the issuance of a building permit, the final security plan shall be reviewed and approved by the Buffalo Grove Chief of Police. F. Prior to the issuance of a building permit, PDI Medical 111, LC shall provide an "at- grade" access along the entire frontage of both accessible parking spaces in a manner acceptable to the Director of Community of Development. G. The display and sale of paraphernalia and/or related products shall only occur within the limited access area as shown on the attached floor plan, Exhibit D. H. No marijuana shall be smoked, eaten or otherwise consumed or ingested on the Premises at 1623 Barclay Blvd or within the parking lot that serves said premises. Section 3. This Ordinance shall be in full force and effect upon the submittal to and approval by the Village of the executed Acceptance and Agreement (Exhibit B hereto). This Ordinance shall not be codified. AYES: 4—Trilling, Sussman, Terson,Stein NAYS: 0 -None ABSENT: 2 —Berman, Ottenheimer PASSED: Anril 20, 2015. APPROVED: April 20, 2015. APPROV J FF IMAN, Village President ATTEST: Viltagie Clerk 3 EXHIBIT A Legal Description PDI Medical 111, LLC 1623 Barclay SUBJECT PROPERTY LEGAL DESCRIPTION: Lot I 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: 1623 Barclay Boulevard, Buffalo Grove, IL PIN: 15-27-206-017 4 PDI Medical III,LLC 1623 Barclay Boulevard Acceptance and Agreement concerning special use ordinance PI Medical III,LLC does hereby accept and agree to abide by and be bound by each of the terms,conditions and limitations set forth in Buffalo Grove Ordinance No. 2015 - 18 duly passed and approved by the Village of Buffalo Grove,IL amending the special use set forth in said Ordinance. PDI Medical III,LLC acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2015 - 18 and does hereby acknowledge and consent to each and all of the provisions,restrictions, and conditions of said Ordinance. PDI edit ll, I ILC By: Printed Name The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2015-1 . Rogers Center For Commerce—East Limited ershi By: LA0 Printed Na e. 5 EXHIBIT C Map of oers Centre For Commerce-East 6 EXHIBIT Main Level Floor Plan-Study C of the Premises 7 EXHIBIT Letter dated February 25, 2015 from I Medical to the Village of Buffalo Grove (10 pages). 8 EXHIBIT F PDI's Presentation to the Planning&Zoning Commission on April 1, 2015