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2009-004 - APPROVING AN AMENDMENT TO THE SPECIAL USE - BUSCH GROVE COMMUNITY PARK - 801 MCHENRY RD - 01/19/200901/07/09 ORDINANCE NO. 2009 - 4 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 C'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 further 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, approval of which was granted pursuant to the adoption of Ordinance No. 2007 -14, including a stipulation that the dome would be removed by June 1, 2015; and, WHEREAS, the Buffalo Grove Park District as Owner of the Property has requested that the Village amend Ordinance No. 2007 -14 to further clarify additional proposed activities and other recreational uses permitted by said Ordinance; and, 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. 2007 -14 by amending Section 3 thereof to read as follows: 2 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, sports practice and training and other activities such as fitness walking, calisthenics, running and jumping, as appropriate for the facility, a maximum of 242 days per year with daily operating hours of 6:00 am. to midnight during the operational season, in conformance with the "Golf Center Occupancy Summary" attached hereto as Exhibit B. The maximum facility occupancy is limited to 200 persons with the maximum occupancy of the Turf Area limited to no more than 90 persons. All activities shall be supervised and managed by employees of the Park District. C. The dome shall not be used for programs or activities in June, July, August or the fast two weeks of September unless the Village specifically allows a use pursuant to a request by the Park District. D. Activities identified for the Turf Area and the Assembly Area as depicted on Exhibit C shall be in accordance with Exhibit B. Use of the Turf and Assembly areas are limited to the activities as set forth in Exhibit D. Persons not involved in said active recreation activities shall not be allowed in the Turf Area. No food service shall be permitted in the Turf Area. Tables and chairs are not allowed in the Turf Area. 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. AYES: 5 - Braiman, Berman, Kahn, Trilling, Rubin NAYS: 0 - None ABSENT: 1 - Glover PASSED: January 19, 2009 APPROVED: January 19, 2009 ATTEST: APPROVED: Villa Clerk Village President EXHIBIT A Legal Description BUSCH GROVE COMMUNITY PARK SOUTHWEST QUADRANT 1 WROVEMENTS 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 ofthe 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 ofthe east half ofthe 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 Golf Center Occupancy Summary - Exhibit B Golf - Special Events (Customer Appreciation, Demo Days, other) These events may approach maximum capacity of 200. Events normally run approximately 3 hours Soccer Practice Includes players, coaches and trainers on the field. Baseball /Softball Practice Includes players, coaches and trainers on the field. Birthday Parties Birthday party with food is held on the assembly area followed by a structured activity (hitting golf balls, playing a sport) on the turf Bar /Bat Mitzvah Party with food is held on the assembly area followed by a structured activity (hitting golf balls, playing sorts ) on the turf Walking Program People walk the outer perimeter of the turfed area of the dome in order to pursue fitness. Field Games Field Games (like kick football and others) would be led by park district staff as part of a parry or scheduled ark district event Lacrosse Includes players, coaches and trainers on the field. I -T Football Playoff Practices Facility used infrequently by Bills Football, St. Mary's and BGHS if they are involved in post season play and they need practice space Sports Clinic Programs Used in conjunction with Storm Soccer, White Sox Baseball, US Women's Field Hockey and other groups to offers port specific clinics The maximum facility occupancy is 200 persons. The maximum "turf area" occupancy is 90 (The above occupancy numbers are consistent with the 2007 ordinance) EXHIBIT C TURF AREA COMM t A Cf4Tfp Ofd EXIT EXIT ;T; ASSEMBLY AREA t OONTROL t COI�Ji'ER �� Chipping Green Concessions MECHANICAL EOIR TO PERMANENT NT STRUCTURE GOLF LEARNING CENTER USE 4 EXHIBIT D Golf Dome Allowed Uses and Activities The Turf Area, as identified in Exhibit C, of the facility shall be used only for the following activities: • Golf activities- instruction, range, operations • Sports practices, games and training • Fitness activities such as walking, running, calisthenics and similar activities requiring physical exertion • Field game activities The Assembly Area of the facility shall be used for the following activities: • Supervision of dome activities • Control desk • Golf instruction on pitching area and putting green • Pro Shop and concession sales • Spectator seating and waiting area • Workshops • Birthday parties, social and business events and Bar/Bat Mitzvah rentals. Rentals shall be conditioned upon the significant use of the Turf Area for sports or recreational activities.