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2017-02-27 - Ordinance 2017-002 - APPROVING SPECIAL USE 1455 BUSCH PKWY 2/17/2017 ORDINANCE 0. 2017—002 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Rek Room, Inc. (DBA Redline Athletics of Illinois) 1455 Busch Parkway WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property described in Exhibit A ("Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 84-38; and, WHEREAS, VanVIissingen and Company is the owner of the Property; and, WHEREAS, Rek Room, Inc., d/b/a Redline Athletics of Illinois, an Illinois Corporation, ("Petitioner") as lessee of the Property, has petitioned the Village for approval of a special use in the Industrial District to operate a recreation facility including sports and recreation activities for children in a space of 12,183 square feet at 1455 Busch Parkway, 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 WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held by the Village Planning & Zoning Commission and, WHEREAS, the Planning & Zoning Commission held a public hearing on February 15, 2017 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 7 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 for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use is granted to Rek Room, Inc. and does not run with the land. B. The special use granted to Rek Room, 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 for 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 maximum number of students and employees on the Property at any one time shall not exceed 65 persons. The maximum occupancy may be increased upon review and approval by the Village. D. The special use is subject to the petitioner obtaining the assumed name of"Redline Athletics of Illinois" from the Illinois Secretary of States office. 2 E. The special use is subject to providing a designated "Drop off' and "Pick up" area that is appropriately lit and paved as approved by the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal to the Village of the executed Petitioner's Acceptance and Agreement as set forth in Exhibit B hereof. This Ordinance shall not be codified. AYES: 6— Berman, Trilling, Stein,_Ottenheimer, Weidenfeld,Johnson NAYS: 0- None ABSENT: 0- None PASSED: February 27, 2017. APPROVED: February 27, 2017. ATTEST: APPROVED: I(OU&Oak". Jan�et'M. Sirabian, Village Clerk Beverly Susman, Village President 3 EXHIBIT A Description Rek Room, Inc. d/b/a Redline Athletics of Illinois The Property is defined as the 12,183 square feet of space located in the building at 1455 Busch Parkway, Buffalo Grove, IL is is located on Lots 9, 10, 11 and 12in The Corporate Grove, being a subdivision of part of the southwest % of Section 26 and part of the south Y2 of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded August 26, 1984 as Document No. 2305059, in Lake County, Illinois. 4 [Type text] EXHIBIT B Rek Room, Inc. d/b/a Redline Athletics of Illinois 1455 Busch Parkway Petitioner Acceptance and Agreement Concerning Soecial Use Ordinance Rek Room, Inc. acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2017— 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. Rek Room, Inc. d/b/ edl n thletics of Illinois By i`r �jfr-� Name (print): Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2017— Owner: VanV s ngen a y By: �E - Name (print): 0044#4A�� Title: v-io — VA'V 4" e] 'U betMA02S 5