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2006-0397/6/2006 ORDINANCE NO. 2006 - 39 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE IN THE R -E DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Buffalo Grove Fitness Center 601 Deerfield Parkway [Busch Grove Community Park] Concerning therapeutic spa services 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 Residential Estate (R -E) District with a special use for public park facilities pursuant to an Annexation Agreement dated March 20, 1995 approved by Ordinance No. 95 -26; and, WHEREAS, the Village enacted Ordinance No. 97 -108 which approved a special use for a health and fitness facility ( "Fitness Center ") on a portion of the Property at 601 Deerfield Parkway; and, WHEREAS, Ordinance No. 97 -108 included Exhibit B — "Project Description," which authorized various services and activities including massage, steam, sauna, and physical/occupational therapy; and, WHEREAS, the Buffalo Grove Park District is the Owner of the Property (Busch Grove Community Park); and, WHEREAS, the Owner proposes to provide additional spa services in the Fitness Center on the Property pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Site plan [ 11 x 17 -inch] dated May 10, 2006 depicting spa addition to current building EXHIBIT C Floor plan [ 11 x 17 -inch] dated May 10, 2006 depicting spa addition EXHIBIT D Proposed services [two pages, 8'/2 x 11 -inch, dated as received June 5, 2006] EXHIBIT E Vitality Spa — Summary of spa services [one page, dated as received June 5, 2006] EXHIBIT F Buffalo Grove Nail Service Provider Comparison [one page, dated as received June 7, 2006] EXHIBIT G Therapeutic spa services — Regional competitor analysis [one page, dated as received June 5, 2006] WHEREAS, the Buffalo Grove Park District submitted a petition requesting amendment of the special use for the Fitness Center to provide additional therapeutic spa services; and, WHEREAS, notice of the public hearing concerning the petition for the special use amendment was given and the public hearing was held by the Buffalo Grove Plan Commission on June 21, 2006; and, WHEREAS, at the Plan Commission determined, pursuant to findings based on the testimony presented at the public hearing, that the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and the proposed additional therapeutic spa services will comply with the provisions and requirements set forth in Section 17.28.040, and that the additional therapeutic spa services are an appropriate use of the Property and will not unduly affect adjacent properties; and, WHEREAS, the Corporate Authorities of the Village do hereby find that the proposed additional therapeutic spa services will comply with the provisions and requirements set forth in Section 17.28.040, and that the additional therapeutic spa services are an appropriate use of the Property and will not unduly affect adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 0 _ 1 e 3 Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning 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 approve an amendment to the Special Use for the Fitness Center on the Property legally described in EXHIBIT A attached hereto. Section 3. The Special Use is subject to the following: A. The therapeutic spa services provided at the Fitness Center shall comply with the representations made by the Buffalo Grove Park District set forth in Exhibits D and E attached hereto. B. Any modification of the services provided at the Fitness Center is subject to approval by the Village in its sole discretion. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 4 - Braiman, Glover, Trilling, Rubin NAYS: 1 - Berman ABSENT: 1 - Kahn PASSED: July 10, 2006 APPROVED: July 10, 2006 ATTEST: illage Clerk . APPROVED: ELLIOTT HARTSTEIN, Village President 4 This document was prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 5 EXHIBIT A Legal Description Buffalo Grove Fitness Center 601 Deerfield Parkway [Busch Grove Community Park] SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1: That part of the southwest quarter of the southeast quarter of Section 29, Township 43 North, Range 11, East of the Third Principal Meridian, lying southerly of the south rights -of -way line of Aptakisic Road (now known as Busch Road) and easterly of the northeasterly rights -of -way of State Highway (except that part thereof, described as follows, to -wit: (A) beginning at a point in the center line of the public road as formerly located running northwesterly and southeasterly across said quarter section, which point is north 36 degrees 40 minutes west 1294.51 feet from a point in the south line of said quarter section 1137.5 feet east of the southwest corner thereof; thence north 86 degrees 21 minutes east 306.3 feet; thence north 3 degrees 39 minutes west 230 feet; thence south 86 degrees 21 minutes west, along center of public road (as traveled), 455.83 feet to an intersection of said center line with center line of first mentioned road; thence south 36 degrees 40 minutes east along center of said road 274.29 feet to the point of beginning, and (B) beginning at intersection of center line of Old McHenry Road as formerly located and center line of public highway known as Aptakisic Road (now known as Busch Road); thence south 86 degrees 21 minutes west along center of said Aptakisic Road (now known as Busch Road) produced southwesterly 210 feet, more or less, to the center line of said state highway; thence southeasterly along the center of said highway 360 feet, more or less, to a point 230 feet southerly, measured as right angles from center line of Aptakisic Road (now known as Busch Road); thence north 86 degrees 21 minutes east along a line parallel to and 230 feet southerly, measured at right angles from center line of said road from a distance of 85 feet, more of less, to the center line of said Old McHenry Road; thence north 36 degrees 40 minutes west along center of said road, 274.29 feet to the point of beginning), in Lake County, Illinois. Parcel 2: The southeast quarter of the southeast quarter of Section 29 Township and Range aforesaid, (except the east 51 feet and that part taken from roadway purposes) in Lake County, Illinois. Parcel 3: That part of the west half of the northeast quarter of Section 32, Township 43 north, Range 11, east of the third principal meridian, lying northeasterly of the northeasterly rights -of -way line of State Route No. 54 as now located, in Lake County, Illinois. Parcel 4: All that part lying northeasterly of the centerline of State Route 54 as now located of the following described property when taken as a tract: The east half of the northeast quarter of Section 32, Township 43 North, Range 11 East of the Third Principal Meridian, (except that part described as follows: commencing at the southeast corner of the northeast quarter of said Section 32; thence north along the east line of the northeast quarter of said Section 32, 1652.79 feet, to the point of beginning; thence west at right angles to the last described course, 257.65 feet, thence southwesterly at right angles to the centerline State Route 83, 290.65 feet to said centerline; thence southwesterly along said centerline to the intersection with the east line of the northeast quarter of said Section 32; thence north along said east line to the point of beginning, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Buffalo Grove Fitness Center [Busch Grove Community Park], 601 Deerfield Parkway, Buffalo Grove, IL. I—N a' EXHIBIT B Site Plan I" = 40' Buffalo Grove Park District Health + Fitness Center Spa Addition and Infill May 10, 2006 0 EXHIBIT C Floor Plan Buffalo Grove Park District Health + Fitness Center 3/32" =r-o" Spa Addition and Infill May 10, 2006 n PROPOSED SERVICES • EXHIBIT D RECEIVED JUNE 5, 2006 MICRODERMABRASION Microdennabrasion. is a safe and gentle resurfacing technique that incorporates the use of tiny microcrystals to quickly exfoliate and polish the skin. When performed in a series of treatments, Microdermabrasion can reduce the appearance of fine lines, hyperpigrnentation, and acne scars. It is also effective in the reduction. of wrinkles and sun damage leaving the skin smoother and with a softer glow. THERAPEUTIC MANICURE, This hand and nail treatment combines exfoliants and skin- nourishing therapies with massage to restore nail and cuticle health and to relax tired. and stiff hands and forearms. The service also includes a paraffin treatment designed to soften the hands and to restore moisture absorbency and also incorporates hand reflexology to target specific problems. The treatment concludes with. an organic polish that has nail strengthening and nourishing properties that provide a natural protective environmental barrier for the nails and promotes healthy growth.. (Vitality Spa wilt not offer acrylic nails nor will exclusive polish services be available on the menu of services as these applications are not considered to be therapeutic in nature) THERAPEUTIC PEDICURE This therapeutic treatment for feet combines exfoliants and skin - nourishing therapies with a relaxing massage that leaves tired and calloused feet feeling smooth, soft, and comfortable. The treatment includes nail shaping, cuticle conditioning, a paraffin treatment, and buffing to complete the pedicure, and concludes with an organic polish that lias nail strengthening and nourishing properties that provide a natural protective environmental barrier for the nails and promotes healthy growth. The treatment also includes a combination. of reflexology and hot stone massage to target specific ailments. ACUPUNCTURE As cited by the National. Center for Complementary and Alternative Medicine and the National. Institutes of Health (N1H), acupuncture is one of the oldest, most commonly used medical procedures in the world, having originated in China nearly ?000 years ago. This alternative form of therapy has risen in popularity throughout the United States and Western cultures and has become one of the complementary and alternative medicine (CAM) that is commonly covered by insurance. In 1996, the Food and Drug Administration approved acupuncture needles for use by licensed practitioners providing that the needles used are sterile and labeled for single use.' Throughout the U.S., acupuncture Is becoming w1dely practiced by many medical professionals including physicians, dentists, and acupuncturists in an effort to bring relief and pain prevention to U.S. Food and Drug Administration. Acupuncture needles no longer investigational. FDA Consumer. 1996;30(5). Also available at: www.fda.gov /fdac /departs /596_upd.html. patients in need.' The treatment involves manual penetration of the skin by a qualified and licensed practitioner using thin, solid and metallic needles that are manipulated by hand or by electrical stimulation. The needles are strategically placed along pathways of the body referred to as meridians. It is believed that acupuncture actually affects the regulation of the body's nervous system as it relates to sensation and involuntary body functions, which aids the activity of endorphins and immune system cells at various points throughout the body. 14 In many instances, acupuncture is used by medical professionals as an. adjunct to other medical treatments or even. as an alternative treatment option. Evidence suggests that acupuncture is successful in providing relief to a variety of medical ailments including the following: HEADACHES F113ROMYALGIA MENSTRUAL CRAMPS CARPAL TUNNEL SYNDROME LOW BACK PAIN TENNIS ELBOW OSTEO_ARTHRIC CONDITIONS MYOFASCIAL PAIN Recent studies by the NIH have also shown acupuncture to have promising results in the treatment of adult postoperative and chemotherapy nausea and vomiting, as well as postoperative dental. pain. The organization also cites its usefulness in stroke rehabilitation and asthma_ In 2004, both houses of the Illinois Legislature unanimously passed Senate Bill 2254, which allows licensed Illinois acupuncturists to be able to treat patients without a physician referral. This new legislation brought Illinois together with over 30 states that currently allow acupuncturists to treat patients without any referral or order from a physician. With its legally accepted status in Illinois, the practice of acupuncture has become one of the professions most recently regulated by the Department of Professional Regulation. Additionally, the state of Illinois has established the Board of Acupuncture, which is charged with providing expert. knowledge and professional advice on administrative rules, conduct, performance and disciplinary matters. Culliton PD. Current utilization of acupuncture by United States patients. Abstract presented at: National Institutes of Health Consensus Development Conference on Acupuncture; 1997. ' Takeshige C. Mechanism of acupuncture analgesia based on animal experiments. In: Pomerantz B, Stux G, eds. Scientific Bases of Acupuncture. Berlin, Germany: Springer - Verlag; 1989. ' Lee BY, LaRiccia PJ, Newberg AB. Acupuncture in theory and practice. Hospital Physician. 2004;40:11 -18. 9 EXHIBIT E RECEIVED JUNE 5, 2006 SERVICES MICRODERMABRASION THERAPEUTIC MANICURE THERAPEUTIC PEDICURE ACUPUNCTURE ** *ALL SERVICES NOTED WILL BE ADMINISTERED BY PROFESSIONALS LICENSED WITHIN THE STATE OF ILLINOIS. ** *ALL SERVICES NOTED ARE THERAPEUTIC IN NATURE AND ARE DESIGNED TO PROMOTE THE HEALTH AND WELLNESS OF THE CLIENT. I BUFFALO GROVE :040FITHESS CENTER E 0 Salon EXHIBIT F Polish Brand Buffalo Grove Nail Service Provider Comparison Nutrient based Reflexology Hand /Foot Organic Massane RECEIVED JUNE 7, 2006 Full Body Polish Only Acrylic Massanp Ranair Mile Bearj OPI, Essie, . Spa Ritual (formaldehyde free) no yes No - basic package Yes - extra charge yes yes yes yes T.J. Nails OPI, Essie Sation no no no yes no yes yes Shear Attitude OPI, Essie, Beb, Creative Nail no no no yes no yes yes Chase Nails Essie no no yes no yes yes Nailtech 5 OPI, Essie, China Glaze no no yes no yes yes Nail 2001 OPI, Color Club, Essie, China Glaze no no no yes no yes yes Nail Creations and Spa OPI, Essie no no yes no yes yes John Anthony's Hair Salon OPI, Essie no no yes no yes y es J. Scott Salon Essie no no yes no yes yes Hair Directors OR no no yes no yes yes Great Nails Essie, Creative, OPI, China Glaze no no no yes no yes yes Milanas Essie, OPI no no yes no yes yes The Best Salon and Spa OPI, Essie i no I No - basic package Yes - extra charge yes yes yes yes Vitality Spa at the Acquarella (formaldehyde free, Buffalo Grove Fitness non toxic, water based) yes yes yes yes no no Center Spa Ritual (formaldehyde free * Normally offer full body massage but without massage therapist at this time. Should be offering full body massage again in the Fall. 0 0 THERAPEUTIC SPA SERVICES REGIONAL COMPETITOR ANALYSIS EXHIBIT G FRECEIVED JUNE 5, 2006 STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on JuitllA 2006 the Corporate Authorities of the Village passed and approved Ordinance No. 2006 -39 entitled: AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE IN THE R -E DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, Buffalo Grove Fitness Center provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2006 -39, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on July 11, 2006 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 1 lth day of July, 2006. VillayClerk • /, 7/6/2006 ORDINANCE NO. 2006 - 39 AN ORDINANCE APPROVING AN AMENDMENT TO A SPECIAL USE IN THE R -E DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Buffalo Grove Fitness Center 601 Deerfield Parkway [Busch Grove Community Park] Concerning therapeutic spa services 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 Residential Estate (R -E) District with a special use for public park facilities pursuant to an Annexation Agreement dated March 20, 1995 approved by Ordinance No. 95 -26; and, WHEREAS, the Village enacted Ordinance No. 97 -108 which approved a special use for a health and fitness facility ( "Fitness Center ") on a portion of the Property at 601 Deerfield Parkway; and, WHEREAS, Ordinance No. 97 -108 included Exhibit B — "Project Description," which authorized various services and activities including massage, steam, sauna, and physical/occupational therapy; and, WHEREAS, the Buffalo Grove Park District is the Owner of the Property (Busch Grove Community Park); and, WHEREAS, the Owner proposes to provide additional spa services in the Fitness Center on the Property pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Site plan [11x17 -inch] dated May 10, 2006 depicting spa addition to current building EXHIBIT C Floor plan [11x17 -inch] dated May 10, 2006 depicting spa addition EXHIBIT D Proposed services [two pages, 81/2 x 11 -inch, dated as received June 5, 2006] EXHIBIT E Vitality Spa — Summary of spa services [one page, dated as received June 5, 2006] EXHIBIT F Buffalo Grove Nail Service Provider Comparison [one page, dated as received June 7, 2006] EXHIBIT G Therapeutic spa services — Regional competitor analysis [one page, dated as received June 5, 2006] WHEREAS, the Buffalo Grove Park District submitted a petition requesting amendment of the special use for the Fitness Center to provide additional therapeutic spa services; and, WHEREAS, notice of the public hearing concerning the petition for the special use amendment was given and the public hearing was held by the Buffalo Grove Plan Commission on June 21, 2006; and, WHEREAS, at the Plan Commission determined, pursuant to findings based on the testimony presented at the public hearing, that the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and the proposed additional therapeutic spa services will comply with the provisions and requirements set forth in Section 17.28.040, and that the additional therapeutic spa services are an appropriate use of the Property and will not unduly affect adjacent properties; and, WHEREAS, the Corporate Authorities of the Village do hereby find that the proposed additional therapeutic spa services will comply with the provisions and requirements set forth in Section 17.28.040, and that the additional therapeutic spa services are an appropriate use of the Property and will not unduly affect adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: 3 Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning 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 approve an amendment to the Special Use for the Fitness Center on the Property legally described in EXHIBIT A attached hereto. Section 3. The Special Use is subject to the following: A. The-therapeutic spa services provided at the Fitness Center shall comply with the representations made by the Buffalo Grove Park District set forth in Exhibits D and E attached hereto. B. Any modification of the services provided at the Fitness Center is subject to approval by the Village in its sole discretion. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 4 - Braiman, Glover, Trilling, Rubin NAYS: 1 - Berman ABSENT: 1 - Kahn PASSED: July 10, 2006 APPROVED: July 10, 2006 ATTEST: illage Clerk APPROVED: ELLIOTT HARTSTEIN, Village President 4 This document was prepared by: Robert E. Pfeil, Village Planner and William G. Raysa, Village Attorney Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 EXHIBIT A Legal Description Buffalo Grove Fitness Center 601 Deerfield Parkway [Busch Grove Community Park] SUBJECT PROPERTY LEGAL DESCRIPTION: Parcel 1: That part of the southwest quarter of the southeast quarter of Section 29, Township 43 North, Range 11, East of the Third Principal Meridian, lying southerly of the south rights -of -way line of Aptakisic Road (now known as Busch Road) and easterly of the northeasterly rights -of -way of State Highway (except that part thereof, described as follows, to -wit: (A) beginning at a point in the center line of the public road as formerly located running northwesterly and southeasterly across said quarter section, which point is north 36 degrees 40 minutes west 1294.51 feet from a point in the south line of said quarter section 1137.5 feet east of the southwest corner thereof; thence north 86 degrees 21 minutes east 306.3 feet; thence north 3 degrees 39 minutes west 230 feet; thence south 86 degrees 21 minutes west, along center of public road (as traveled), 455.83 feet to an intersection of said center line with center line of first mentioned road; thence south 36 degrees 40 minutes east along center of said road 274.29 feet to the point of beginning, and (B) beginning at intersection of center line of Old McHenry Road as formerly located and center line of public highway known as Aptakisic Road (now known as Busch Road); thence south 86 degrees 21 minutes west along center of said Aptakisic Road (now known as Busch Road) produced southwesterly 210 feet, more or less, to the center line of said state highway; thence southeasterly along the center of said highway 360 feet, more or less, to a point 230 feet southerly, measured as right angles from center line of Aptakisic Road (now known as Busch Road); thence north 86 degrees 21 minutes east along a line parallel to and 230 feet southerly, measured at right angles from center line of said road from a distance of 85 feet, more of less, to the center line of said Old McHenry Road; thence north 36 degrees 40 minutes west along center of said road, 274.29 feet to the point of beginning), in Lake County, Illinois. Parcel 2: The southeast quarter of the southeast quarter of Section 29 Township and Range aforesaid, (except the east 51 feet and that part taken from roadway purposes) in Lake County, Illinois. Parcel 3: That part of the west half ofthe northeast quarter of Section 32, Township 43 north, Range 11, east of the third principal meridian, lying northeasterly of the northeasterly rights -of -way line of State Route No. 54 as now located, in Lake County, Illinois. Parcel 4. All that part lying northeasterly of the centerline of State Route 54 as now located of the following described property when taken as a tract: The east half of the northeast quarter of Section 32, Township 43 North, Range 11 East ofthe Third Principal Meridian, (except that part described as follows: commencing at the southeast corner ofthe northeast quarter of said Section 32; thence north along the east line ofthe northeast quarter of said Section 32, 1652.79 feet, to the point of beginning; thence west at right angles to the last described course, 257.65 feet, thence southwesterly at right angles to the centerline State Route 83, 290.65 feet to said centerline; thence southwesterly along said centerline to the intersection with the east line of the northeast quarter of said Section 32; thence north along said east line to the point of beginning, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: Buffalo Grove Fitness Center [Busch Grove Community Park], 601 Deerfield Parkway, Buffalo Grove, IL. I "' =MEN"- Site Plan 1' = 40' Buffalo Grove Park District Health + Fitness Center Spa Addition and Infill May 10, 2006 LWYt TREATMENT WAITING M TREATMENT MY, EXHIBIT C TREATMENT TREATMENT FIRM FRI CORRIDOR B42 TREATMENT FINE PROPOSED PEDICURE \ STATIONS PROPOSED CORRIDOR MANICURE w ISO I i Floor Plan _ 3/32' = 1' -0' VESTIBULE I' LOBBY YOGA STUDIO mi- OFFICE ® III 5 ® Buffalo Grove Park District Health + Fitness Center Spa Addition and Infill May 10, 2006 STORAGE 11 STORAGE SPORTS THERAPY Er — I XHIBIT D RECEIVED JUNE 5, 2006 PROPOSED SERVICES MICRODERMABRASION Microdermabrasion is a safe and gentle resurfacing technique that incorporates the use of tiny microcrystals to quickly exfoliate and polish the skin. When performed in a series of treatments, Microdermabrasion can reduce the appearance of fine Imes, hyperpigrnentation, and acne scars. It is also effective in the reduction of wrinkles and sun damage leaving the skin smoother and with a softer glow. THERAPEUTIC MANICURE This hand and nail treatment combines exfoliants and skin - nourishing therapies with massage to restore nail and cuticle health and to relax tired and. stiff hands and forearms. The service also includes a paraffin treatment designed to soften the hands and to restore moisture absorbency and also incorporates hand reflexology to target specific problems. The treatment concludes with. an organic polish that has nail strengthening and nourishing properties that provide a natural protective environmental barrier for the nails and promotes healthy growth. (Vitality Spa will not offer acrylic nails nor will exclusive polish services be available on the menu of services as these applications are not considered to be therapeutic in nature) THERAPEUTIC PEDICURE This therapeutic treatment for feet combines exfoliants and skin - nourishing therapies with a relaxing massage that leaves tired and calloused feet feeling smooth, soft, and comfortable. The treatment includes nail shaping, cuticle conditioning, a paraffin treatment, and buffing to complete the pedicure, and concludes with an organic polish that has nail strengthening and nourishing properties that provide a natural protective environmental barrier for the nails and promotes healthy growth. The treatment also includes a combination of reflexology and hot stone massage to target specific ailments. ACUPUNCTURE As cited by the National Center for Complementary and Alternative Medicine and the National Institutes of Health (NIH), acupuncture is one of the oldest, most commonly used medical procedures in the world, having originated in China nearly 2000 years ago. This alternative form of therapy has risen in popularity throughout the United States and Western cultures and has become one of the complementary and alternative medicine (CAM) that is commonly covered by insurance. In 1996, the Food and Drug Administration approved acupuncture needles for use by licensed practitioners providing that the needles used are sterile and labeled for single use.' Throughout the U.S., acupuncture is becoming widely practiced by many medical professionals including physicians, dentists, and acupuncturists in an effort to bring relief and pain prevention to ' U.S. Food and Drug Administration. Acupuncture needles no longer investigational. FDA Consumer. 1996;30(5). Also available at: www.fda.gov /fdac /departs /596_upd.htnil. patients in need.' The treatment involves manual penetration of the skin by a qualified and licensed practitioner using thin, solid and metallic needles that are manipulated by hand or by electrical stimulation. The needles are strategically placed along pathways of the body referred to as meridians. It is believed that acupuncture actually affects the regulation of the body's nervous system as it relates to sensation and involuntary body functions, which aids the activity of endorphins and immune system cells at various points throughout the body.' 4 In many instances, acupuncture is used by medical professionals as an adjunct to other medical treatments or even as an alternative treatment option. Evidence suggests that acupuncture is successful in providing relief to a variety of medical ailments including the following: HEADACHES FIBROMYALGIA MENSTRUAL CRAMPS CARPAL TUNNEL SYNDROME LOW BACK PAIN TENNIS ELBOW OSTEOARTHRIC CONDITIONS MYOFASCTAL PAIN Recent studies by the NIH have also shown acupuncture to have promising results in the treatment of adult postoperative and chemotherapy nausea and vomiting, as well as postoperative dental pain. The organization also cites its usefulness in stroke rehabilitation and asthma. In 2004, both houses of the Illinois Legislature unanimously passed Senate Bill 2254, which allows licensed Illinois acupuncturists to be able to treat patients without a physician referral. This new legislation brought Illinois together with over 30 states that currently allow acupuncturists to treat patients without any referral or order from a physician. With its legally accepted status in Illinois, the practice of acupuncture has become one of the professions most recently regulated by the Department of Professional Regulation. Additionally, the state of Illinois has established the Board of Acupuncture, which is charged with providing expert knowledge and professional advice on administrative rules, conduct, performance and disciplinary matters. '- Culliton PD. Current utilization of acupuncture by United States patients. Abstract presented at: National Institutes of Health Consensus Development Conference on Acupuncture; 1997. 3 Takeshige C. Mechanism of acupuncture analgesia based on animal experiments. In: Pomerantz B, Stux G, eds. Scientific Bases of Acupuncture. Berlin, Germany: Springer - Verlag; 1989. 3 Lee BY, LaRiccia PJ, Newberg AB. Acupuncture in theory and practice. Hospital Physician. 2004;40:11 -18. VITALITY SPA AT THE BUFFALO GROVE FITNESS CENTER SUMMARY OF SPA SERVICES ADDITIONAL MASSAGE SERVICES (AS OF SEPTEMBER 2006) AHA FACIAL SHIATSU REIKI BALNEOTHERAPY SUGAR SCRUB DEAD SEA SALT GLOW MOOR MUD COCOON HERBAL BODY WRAP EXHIBIT E RECEIVED JUNE 5, 200 . MICRODERMABRASION THERAPEUTIC MANICURE THERAPEUTIC PEDICURE ACUPUNCTURE 'ALL SERVICES NOTED WILL BE ADMINISTERED BY PROFESSIONALS LICENSED WITHIN THE STATE OF ILLINOIS. 'ALL SERVICES NOTED ARE THERAPEUTIC IN NATURE AND ARE DESIGNED TO PROMOTE THE HEALTH AND WELLNESS OF THE CLIENT. I BUFFALO GROVE :047FITHESS CENTER Salon EXHIBIT' F Buffalo Grove Nail Service Provider Comparison RECEIVED JUNE 7, 2006 Polish Brand Nutrient based Reflexology Hand /Foot Organic Massage Full Body Polish Only Acrylic Massage Repair Fills Bearj O OPI, Essie, . n no N No - basic package y yes y yes y yes y yes T.J. Nails O OPI, Essie n no n no y yes n no y yes y yes Shear Attitude O OPI, Essie, Beb, n no n no y yes n no y yes y yes Chase Nails E Essie n no n no y yes n no y yes e es Nailtech 5 O OPI, Essie, China Glaze n no n no y yes n no y yes e es Nail 2001 O OPI, Color Club, Essie, n no n no y yes n no y yes y yes Nail Creations O OPI, Essie n no n no y yes n no y yes y yes John Anthony's O OPI, Essie n no n no y yes n no y yes y yes J. Scott Salon E Essie n no n no y yes n no y yes y yes Hair Directors O OPI n no n no y yes n no y yes e es Great Nails E Essie, Creative, OPI, n no n no ' y yes n no y yes y yes Milanas E Essie, OPI n no n no y yes n no y yes y yes The Best Salon O OPI, Essie n no N No - basic package y yes y yes y yes y yes Spa Ritual (formaldehyde free * Normally offer full body massage but without massage therapist at this time. Should be offering full body massage again in the Fall. * Normally offer full body massage but without massage therapist at this time. Should be offering full body massage again in the Fall. THERAPEUTIC SPA SERVICES REGIONAL COMPETITOR AIVAI VSiS EXHIBIT G RECEIVED JUNE 5, 2006 .4&