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2007-014 - APPROVING AN AMENDMENT TO THE SPECIAL USE - BUSCH GROVE COMMUNITY PARK - 801 MCHENRY RD - 04/09/20074/4/2007 ORDINANCE NO. 2007 - 14 AN ORDINANCE APPROVING AN AMENDMENT TO THE SPECIAL USE IN THE RESIDENTIAL ESTATE DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. Golf and Sports Center Dome, 801 McHenry Road Busch Grove Community Park 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 District with a Special Use for public park facilities pursuant to an Annexation Agreement dated March 20, 1995 approved by Village Ordinance No. 95 -26, with specific plans for development and operation of the Learning Center being approved by Village Ordinance No. 98 -14; and, WHEREAS, the Special Use on the Property was further amended by Village Ordinance No. 2002 -35 which allowed the dome to remain in place year- round, extended the use of the facility pursuant to the Exhibits attached to said Ordinance, and further allowed the dome structure to remain in place until May 31, 2006; and, WHEREAS, the Buffalo Grove Park District as Owner of the Property has requested that the Village amend Ordinance No. 2002 -35 concerning removal of the dome by the May 31, 2006 to allow the dome to remain in place in order to continue golf activities and other recreational uses permitted by said Ordinance; and, WHEREAS, notice of the public hearing concerning the request by the Park District for amendment of the Special Use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the proposed amendments to the Special Use are appropriate for the Property and will be compatible with adjacent properties; and, 2 WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development 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 amend Village Ordinance No. 2002 -35 by amending Section 3 thereof to read as follows: Section 3. Use of the Property is subject to the following conditions: A. The air - inflated dome structure (Golf and Sports Center Dome) may remain inflated year -round but shall be removed on or before June 1, 2015. Appropriate repairs and maintenance shall be performed as necessary, including maintenance of the appearance of the structure. B. The facility may be used for golf practice and training, and sports practice and training, a maximum of 242 days per year with daily operating hours of 6:00 a.m. to midnight during the operational season, in conformance with the "Golf Center Occupancy Summary" attached hereto as Exhibit B. C. The facility shall not be used for recreational and entertainment programs or special events other than the golf and sports activities specified in Section 3.B. of this Ordinance. D. The dome shall not be used for programs or activities in June, July, August or the first two weeks of September unless the Village specifically allows a use pursuant to a request by the Park District. Section 3. That in all other respects Village Ordinance No. 2002 -35 is reaffirmed and reacknowledged. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. u 0 3 AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling Rubin NAYS: 0 — None ABSENT: 0 — None PASSED: April 9, 2007 APPROVED: April 9, 2007 ATTEST: illage Clerk APPROVED: ELLIO T HARTSTEIN, Village President EXHIBIT A Legal Description BUSCH GROVE COMMUNITY PARK SOUTHWEST QUADRANT IMPROVEMENTS Golf and Sports Center 801 McHenry Road That part of the east half of the northeast quarter of Section 32, Township 43 North, Range 11 East of the Third Principal Meridian described as follows: Commencing at the southeast corner of the northeast quarter of said Section 32, thence north along the east line of said northeast quarter of said Section 32, a distance of 1929.56 feet from a place of beginning; thence north 89 degrees, 55 minutes, 03 seconds west, a distance of 225.00 feet; thence south 35 degrees, 04 minutes, 57 seconds west, a distance of 270 feet; thence south 60 degrees 29 minutes 55 seconds west, a distance of 196.81 feet to a point on the easterly right -of -way line of Route 83; thence north 40 degrees, 12 minutes, 31 seconds west along said easterly right -of -way a distance of 1192.30 feet to a point on the west line of the east half of the northeast quarter of said Section 32; thence north 00 degrees, 05 minutes, 29 seconds east along said west line, a distance of 126.26 feet to a point on the north line of said northeast quarter of Section 32; thence north 89 degrees, 56 minutes, 30 seconds east along said north line a distance of 1322.02 feet to the east line of said northeast quarter of Section 32; thence south 00 degrees, 04 minutes, 57 seconds west along said east line, a distance of 720.61 feet to the place of beginning, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The southwest portion of Busch Grove Community Park along Illinois Route 83. PIN: 15 -32- 213 -001 0 EXHIBIT B Golf Center Occupancy Summary Occupancy Range Average Occupancy Activity (# of people) (# of people Notes ..M ; _ TRIM, ':.. 4, z 0 �w M � fig" e tti#aa �� I IV 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 April 9, 2007 the Corporate Authorities of the Village passed and approved Ordinance No. 2007 -14 entitled: AN ORDINANCE AMENDING ORDINANCE NO. 2002 -35 TO EXTEND THE TERMS OF THE SPECIAL USE FOR THE BUFFALO GROVE PARK DISTRICT'S GOLF & SPORTS CENTER DOME, 801 MCHENRY ROAD, provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2007 -14, 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 April 10, 2007 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 10th day of April, 2007. Vill e Clerk By 4/4/2007 a ORDINANCE NO. 2007 - 14 AN ORDINANCE APPROVING AN AMENDMENT TO THE SPECIAL USE IN THE RESIDENTIAL ESTATE DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. Golf and Sports Center Dome, 801 McHenry Road Busch Grove Community Park 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 District with a Special Use for public park facilities pursuant to an Annexation Agreement dated March 20, 1995 approved by Village Ordinance No. 95 -26, with specific plans for development and operation of the Learning Center being approved by Village Ordinance No. 98 -14; and, WHEREAS, the Special Use on the Property was further amended by Village Ordinance No. 2002 -35 which allowed the dome to remain in place year- round, extended the use of the facility pursuant to the Exhibits attached to said Ordinance, and further allowed the dome structure to remain in place until May 31, 2006; and, WHEREAS, the Buffalo Grove Park District as Owner of the Property has requested that the Village amend Ordinance No. 2002 -35 concerning removal of the dome by the May 31, 2006 to allow the dome to remain in place in order to continue golf activities and other recreational uses permitted by said Ordinance; and, WHEREAS, notice of the public hearing concerning the request by the Park District for amendment of the Special Use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, the Plan Commission determined that the proposed amendments to the Special Use are appropriate for the Property and will be compatible with adjacent properties; and, 2 WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development 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 amend Village Ordinance No. 2002 -35 by amending Section 3 thereof to read as follows: Section 3. Use of the Property is subject to the following conditions: A. The air - inflated dome structure (Golf and Sports Center Dome) may remain inflated year -round but shall be removed on or before June 1, 2015. Appropriate repairs and maintenance shall be performed as necessary, including maintenance of the appearance of the structure. B. The facility may be used for golf practice and training, and sports practice and training, a maximum of 242 days per year with daily operating hours of 6:00 a.m. to midnight during the operational season, in conformance with the "Golf Center Occupancy Summary" attached hereto as Exhibit B. C. The facility shall not be used for recreational and entertainment programs or special events other than the golf and sports activities specified in Section 3.13. of this Ordinance. D. The dome shall not be used for programs or activities in June, July, August or the first two weeks of September unless the Village specifically allows a use pursuant to a request by the Park District. Section 3. That in all other respects Village Ordinance No. 2002 -35 is reaffirmed and reacknowledged. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. 3 AYES: 6 — Braiman, Glover, Berman, Kahn, Trilling, NAYS: 0 — None ABSENT: 0 — None PASSED: April 9, 2007 APPROVED: April 9, 2007 ATTEST: APPROVED: a�l_ C,w -'Village Clerk ee � �, � �04- e� ELLIO T HARTSTEIN, Village President 0 0 EXHIBIT A Legal Description BUSCH GROVE COMMUNITY PARK SOUTHWEST QUADRANT IMPROVEMENTS Golf and Sports Center 801 McHenry Road That part of the east half of the northeast quarter of Section 32, Township 43 North, Range 11 East of the Third Principal Meridian described as follows: Commencing at the southeast corner of the northeast quarter of said Section 32, thence north along the east line of said northeast quarter of said Section 32, a distance of 1929.56 feet from a place of beginning; thence north 89 degrees, 55 minutes, 03 seconds west, a distance of 225.00 feet; thence south 35 degrees, 04 minutes, 57 seconds west, a distance of 270 feet; thence south 60 degrees 29 minutes 55 seconds west, a distance of 196.81 feet to a point on the easterly right -of -way line of Route 83; thence north 40 degrees, 12 minutes, 31 seconds west along said easterly right -of -way a distance of 1192.30 feet to a point on the west line of the east half of the northeast quarter of said Section 32; thence north 00 degrees, 05 minutes, 29 seconds east along said west line, a distance of 126.26 feet to a point on the north line of said northeast quarter of Section 32; thence north 89 degrees, 56 minutes, 30 seconds east along said north line a distance of 1322.02 feet to the east line of said northeast quarter of Section 32; thence south 00 degrees, 04 minutes, 57 seconds west along said east line, a distance of 720.61 feet to the place of beginning, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: The southwest portion of Busch Grove Community Park along Illinois Route 83. PIN: 15 -32 -213 -001 EXHIBIT B Golf Center Occupancy Summary Occupancy Range Average Occupancy Activity (# of people) (# of people Notes ,� T ITI Mnow R e M 11 41,