2013-10-21 - Ordinance 2013-073 - APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VBG, COOK AND LAKE COUNTIES, IL, EPIC POWER & CONDITIONING LLC 10/21/2013
ORDINANCE NO. 2013—73
AN ORDINANCE APPROVING A
SPECIAL USE IN THE INDUSTRIAL DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
EPIC Power & Conditioning LLC
1620 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, EPIC Power & Conditioning LLC, an Illinois limited liability company,
("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 2,000 square feet at 1620 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 August 28, 2013 by Joshua & Heather Refenes, EPIC
Power & Conditioning LLC
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,
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WHEREAS, the Plan Commission held a public hearing on October 2, 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 Plan Commission voted 8 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 EPIC Power & Conditioning LLC and does not
run with the land.
B. The special use granted to EPIC Power & Conditioning LLC 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 submit the executed Petitioner's Acceptance and
Agreement attached hereto and incorporated herein as Exhibit B.
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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: October 21, 2013
APPROVED: October 21, 2013
ATTEST: APPROVE I.
Village Clerk effre Br:iman, Village President
t1
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EXHIBIT A
Legal Description
EPIC Power& Conditioning LLC
1620 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: 1620 Barclay Blvd, Buffalo Grove, IL
PIN: 15-27-101-008
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EXHIBIT B
EPIC Power& Conditioning LLC
1620 Barclay Boulevard
Rogers Centre for Commerce-West
Petitioner Acceptance and Agreement concerning special use ordinance
EPIC Power & Conditioning LLC acknowledges that it has read and understands all of the terms
and provisions of Buffalo Grove Ordinance No. 2013-73 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.
EPIC Power & Conditioning LLC
By:
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. 2013-73.
Owner: Arthur J. Rogers & Company
By:
Name (print):
Title: