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2008-0355/27/2008 0 r • ORDINANCE NO. 2008 - 35 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE 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) Vitality Spa — concerning additional 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 Buffalo Grove Park District is the Owner of the Property (Busch Grove Community Park); 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, the Village enacted Ordinance No. 2006 -39 amending the special use to allow therapeutic spa services pursuant to the exhibits of said ordinance; and, WHEREAS, the Owner proposes to provide additional spa services, including waxing and eyebrow and eyelash tinting, in the Fitness Center on the Property pursuant to the memo dated February 26, 2008 from Michael Rylko, Executive Director of the Buffalo Grove Park District, attached hereto as Exhibit B. e 2 EXHIBIT A Legal Description • EXHIBIT B Memo dated February 26, 2008 from Michael Rylko, Executive Director, Buffalo Grove Park District, to William Brimm, Village Manager WHEREAS, the Corporate Authorities of the Village do hereby find that 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 that the proposed additional spa services will comply with the provisions and requirements set forth in Section 17.28.040, are an appropriate use of the Property and will not unduly affect adjacent properties; and, 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 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 additional spa services, including waxing and eyebrow and eyelash tinting, provided at the Fitness Center shall comply with the representations made by the Buffalo Grove Park District set forth in Exhibit B 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. Ordinance No. 2006 -39 remains in full force and effect unless specifically modified herein by this ordinance. Section 5. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. i 3 i AYES: 5 — Braiman, Glover, Berman, Trilling, Rubin NAYS: 0 — None ABSTAIN: 1 — Kahn ABSENT: 0 — None PASSED: June 2, 2008 APPROVED: June 2, 2008 ATTEST: 2t�`�'1 illage Clerk APPROVED: ELLIOTT HARTSTEIN, Village President 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 EXMBIT 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. PINS: 15 -29- 400 -017 15- 29-400 -019 15 -32- 213 -001 ® ' . r EXHIBIT B — Ordinance No. 2008 -34 Buffalo Grove Fitness Center, Vitality Spa To: Bill Brimm, Village Manager From: Mike Rylko, Executive Director Re: Request for Special Use Amendment Date: February 26, 2008 As you can well imagine, the spa business is a business that is constantly evolving and one that requires managers to add services that are desired by their clientele. The Buffalo Grove Fitness Center Vitality Spa is no exception. We are constantly looking at ways to improve our services and the methods of delivery. Over the past several months, many of our guests have asked if the spa includes "waxing" in our menu of services. At this time, we of course do not. But because the requests have increased, we felt it was time to request an amendment to the Special Use Ordinance 2006 -39 which would allow waxing. Spa Operation Review Because some time has elapsed since the original Special Use Ordinance was passed, a short review of the spa operation is in order. Opening in June of 2007, the spa is owned by the Buffalo Grove Park District and is managed by Northwest Community Hospital. Through this arrangement, the community at large is the beneficiary of incredible services provided by highly trained professionals. Other services available include: massage therapy, reflexology, facials, wraps, microdermabrasion, and therapeutic manicures and pedicures. Description of Waxing Services Waxing is a method of semi - permanent hair removal which removes the hair from the root. New hairs will not grow back in the previously waxed area for 2 -8 weeks, depending on the person. Almost any area of the body can be waxed, including eyebrows, face, bikini area, leg, arms, back, abdomen and feet. There are many types of wax suitable for removing unwanted hair. If waxing is done regularly for several years, permanent hair reduction may be achieved. Waxing is accomplished by spreading a wax combination thinly over the skin. A cloth or paper strip is then pressed on the top and pulled off with a quick movement against the direction of hair growth. This removes the wax along with the hair and dead skin cells, leaving the skin smooth. Another method of waxing involves hot wax, a soft wax directly applied to the skin. The wax then hardens when it cools, thus allowing the easy removal by a therapist without the aid of cloths. This waxing method.is very beneficial to people who have sensitive skin. When someone has their eyebrows waxed, it is common to have the licensed estheticians and cosmetologists perform a technique called eyebrow and eyelash tinting. Tinting is for those with very fair or grey brows that would like to darken their brows to match their hair color and to enhance their appearance. This procedure is done with products that contain vegetable dye and is considered safe for the facial areas. Eyelash/Eyebrow tinting last approximately 3 -6 weeks and is a great treatment for those who lead busy and active lifestyles and wish to have bold lashes without the use of mascara. This is ideal for vacationers who spend time at the pool but still with to have the appearance of mascara without the black running down their face. i 1 1 • These services would be provided by Licensed Estheticians or Cosmetologists only. Competitor Analysis Vitality Spa Manager Wendy Tomsky was first asked to investigate if this service was offered by other medically based, fitness centers in the region. In other words, we specifically asked fitness centers that are operated or managed by hospitals if they offer waxing as a service. In every case, these medically based, fitness centers offered waxing as a service. The following medically based, fitness centers were included in this analysis: Lake Forest Health and Fitness Institute, Lake Forest, Illinois (Zoning - R-4, Residential, Special Use) Good Shepherd Hospital Health and Fitness Center, Barrington, Illinois (Zoning - B -3, Office) Edward's Health and Fitness Center and Spa at Seven Bridges, Naperville, Illinois (Zoning - Office, Research/Light Industrial) The Wellness Center, Arlington Heights, Illinois (Zoning — I- Industrial) However, eyebrow /eyelash tinting is only done at Lake Forest Health and Fitness Institute and The Wellness Center. Client Support As mentioned earlier, spa staff had reported to the Park District that many clients had asked for these services. We asked them to simply ask their clients if they would schedule waxing /eyebrow /eyelash services at Vitality Spa if they were offered. In only three days time, 52 clients indicated they would in fact schedule those services at Vitality Spa. Of course this is not a scientific analysis by any means. However, over a three day period, those types of numbers reflect tremendous support. Pricing Pricing for these services will be consistent with our current pricing philosophy. We have a professional and experienced staff in a facility that creates an incredible spa experience. However, we also recognize that there are a number of spas in the area. Therefore, pricing will be competitive but will be established to attract and retain clients. Summary The Buffalo Grove Park District has invested heavily in providing an incredible fitness experience for the residents of Buffalo Grove. By all measures, the Park District has been successful in the delivery of these services. The Village agreed in July of 2006 that the addition of Vitality Spa would in fact enhance the fitness experience of our membership and would also expand services to many others. The people using the spa have requested services that are standard services at other medically -based fitness centers. The Park District is requesting that the Village Board accept our request to Amend the Special Use Agreement contained in Ordinance 2006 -39, to allow waxing and eyebrow /eyelash tinting. 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, June 2, 2008 the Corporate Authorities of the Village passed and approved Ordinance No. 2008 -35 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE SPECIAL USE IN THE R -E DWELLING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS BUFFALO GROVE FITNESS CENTER - VITALITY SPA provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2008 -35, 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 June 2, 2008 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 3rd day of June, 2008. Villag Jerk By 5/27/2008 ORDINANCE NO. 2008 - 35 AN ORDINANCE APPROVING THE SECOND AMENDMENT TO THE 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) Vitality Spa — concerning additional 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 Buffalo Grove Park District is the Owner of the Property (Busch Grove Community Park); 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, the Village enacted Ordinance No. 2006 -39 amending the special use to allow therapeutic spa services pursuant to the exhibits of said ordinance; and, WHEREAS, the Owner proposes to provide additional spa services, including waxing and eyebrow and eyelash tinting, in the Fitness Center on the Property pursuant to the memo dated February 26, 2008 from Michael Rylko, Executive Director of the Buffalo Grove Park District, attached hereto as Exhibit B. 2 EXHIBIT A Legal Description EXHIBIT B Memo dated February 26, 2008 from Michael Rylko, Executive Director, Buffalo Grove Park District, to William Brimm, Village Manager WHEREAS, the Corporate Authorities of the Village do hereby find that 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 that the proposed additional spa services will comply with the provisions and requirements set forth in Section 17.28.040, are an appropriate use of the Property and will not unduly affect adjacent properties; and, 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 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 additional spa services, including waxing and eyebrow and eyelash tinting, provided at the Fitness Center shall comply with the representations made by the Buffalo Grove Park District set forth in Exhibit B 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. Ordinance No. 2006 -39 remains in full force and effect unless specifically modified herein by this ordinance. Section 5. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. f 3 AYES: 5 — Braiman, Glover, Berman, Trilling Rubin NAYS: 0 — None ABSTAIN: 1 — Kahn ABSENT: 0 — None PASSED: June 2, 2008 APPROVED: June 2, 2008 ATTEST: g c. illage Clerk APPROVED: ELLIOTT HARTSTEIN, Village President 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 EDIT 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 ofpublic 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. Parcel2: 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. PINS: 15 -29- 400 -017 15- 29- 400 -019 15 -32- 213 -001 EXHIBIT B — Ordinance No. 2008 -34 Buffalo Grove Fitness Center, Vitality Spa To: Bill Brimm, Village Manager From: Mike Rylko, Executive Director Re: Request for Special Use Amendment Date: February 26, 2008 As you can well imagine, the spa business is a business that is constantly evolving and one that requires managers to add services that are desired by their clientele. The Buffalo Grove Fitness Center Vitality Spa is no exception. We are constantly looking at ways to improve our services and the methods of delivery. Over the past several months, many of our guests have asked if the spa includes "waxing" in our menu of services. At this time, we of course do not. But because the requests have increased, we felt it was time to request an amendment to the Special Use Ordinance 2006 -39 which would allow waxing. Spa Operation Review Because some time has elapsed since the original Special Use Ordinance was passed, a short review of the spa operation is in order. Opening in June of 2007, the spa is owned by the Buffalo Grove Park District and is managed by Northwest Community Hospital. Through this arrangement, the community at large is the beneficiary of incredible services provided by highly trained professionals. Other services available include: massage therapy, reflexology, facials, wraps, microdermabrasion, and therapeutic manicures and pedicures. Description of Waxing Services Waxing is a method of semi - permanent hair removal which removes the hair from the root. New hairs will not grow back in the previously waxed area for 2 -8 weeks, depending on the person. Almost any area of the body can be waxed, including eyebrows, face, bikini area, leg, arms, back, abdomen and feet. There are many types of wax suitable for removing unwanted hair. If waxing is done regularly for several years, permanent hair reduction may be achieved. Waxing is accomplished by spreading a wax combination thinly over the skin. A cloth or paper strip is then pressed on the top and pulled off with a quick movement against the direction of hair growth. This removes the wax along with the hair and dead skin cells, leaving the skin smooth. Another method of waxing involves hot wax, a soft wax directly applied to the skin. The wax then hardens when it cools, thus allowing the easy removal by a therapist without the aid of cloths. This waxing method.is very beneficial to people who have sensitive skin. When someone has their eyebrows waxed, it is common to have the licensed estheticians and cosmetologists perform a technique called eyebrow and eyelash tinting. Tinting is for those with very fair or grey brows that would like to darken their brows to match their hair color and to enhance their appearance. This procedure is done with products that contain vegetable dye and is considered safe for the facial areas. Eyelash/Eyebrow tinting last approximately 3 -6 weeks and is a great treatment for those who lead busy and active lifestyles and wish to have bold lashes without the use of mascara. This is ideal for vacationers who spend time at the pool but still with to have the appearance of mascara without the black running down their face. These services would be provided by Licensed Estheticians or Cosmetologists only. Competitor Anal Vitality Spa Manager Wendy Tomsky was first asked to investigate if this service was offered by other medically based, fitness centers in the region. In other words, we specifically asked fitness centers that are operated or managed by hospitals if they offer waxing as a service. In every case, these medically based, fitness centers offered waxing as a service. The following medically based, fitness centers were included in this analysis: Lake Forest Health and Fitness Institute, Lake Forest, Illinois (Zoning - R-4, Residential, Special Use) Good Shepherd Hospital Health and Fitness Center, Barrington, Illinois (Zoning - B -3, Office) Edward's Health and Fitness Center and Spa at Seven Bridges, Naperville, Illinois (Zoning - Office, Research/Light Industrial) The Wellness Center, Arlington Heights, Illinois (Zoning — I- Industrial) However, eyebrow /eyelash tinting is only done at Lake Forest Health and Fitness Institute and The Wellness Center. Client Support As mentioned earlier, spa staff had reported to the Park District that many clients had asked for these services. We asked them to simply ask their clients if they would schedule waxing /eyebrow /eyelash services at Vitality Spa if they were offered. In only three days time, 52 clients indicated they would in fact schedule those services at Vitality Spa. Of course this is not a scientific analysis by any means. However, over a three day period, those types of numbers reflect tremendous support. Pricing Pricing for these services will be consistent with our current pricing philosophy. We have a professional and experienced staff in a facility that creates an incredible spa experience. However, we also recognize that there are a number of spas in the area. Therefore, pricing will be competitive but will be established to attract and retain clients. Summary The Buffalo Grove Park District has invested heavily in providing an incredible fitness experience for the residents of Buffalo Grove. By all measures, the Park District has been successful in the delivery of these services. The Village agreed in July of 2006 that the addition of Vitality Spa would in fact enhance the fitness experience of our membership and would also expand services to many others. The people using the spa have requested services that are standard services at other medically -based fitness centers. The Park District is requesting that the Village Board accept our request to Amend the Special Use Agreement contained in Ordinance 2006 -39, to allow waxing and eyebrow /eyelash tinting.