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2009-0518 -3 -2009 0 ORDINANCE NO. 2009 — 51 E AN ORDINANCE APPROVING A SPECIAL USE FOR A RECREATION FACILITY IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Adversity VBC, Inc. (Adversity Volleyball Club) 1701 Leider Lane Aptakisic Creek Corporate 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 (the "Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 2007 -58; and, WHEREAS, Aptakisic Creek Corporate Park, LLC, is the owner ( "Owner "), of the Property; and, WHEREAS, Adversity VBC, Inc. (hereinafter referred to "Adversity ") proposes to lease a space of 48,927 square feet in the building (146,850 square feet) at 1701 Leider Lane for the purpose of operating a facility for volleyball training, including practices, camps, leagues, and tournaments, and; WHEREAS, Adversity and Owner have represented to the Village that Adversity VBC, Inc., as lessee, and Owner, as lessor, have agreed to execute a lease (the "Lease ") for a space of 48,927 square feet in the building on the Property and including allocation of outdoor parking spaces sufficient to accommodate the demand for parking created by the proposed facility; and WHEREAS, said recreational facility requires approval as a special use in the Industrial District; and, WHEREAS, the proposed facility would be developed and operated in accordance with and pursuant to the following exhibits: 2 EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Overview of Adversity Volleyball facility EXHIBIT D Narrative concerning proposed facility operations and parking demand analysis (table) EXHIBIT E Site plan ( "Adversity Volleyball Group ") of building and parking areas for 1701 Leider Lane (11x17 inches), dated June 19, 2009, by Cornerstone Architects, Ltd. EXHIBIT F Site plan and floor plan of Adversity Volleyball facility (11x17 inches), dated June 30, 2009, by Cornerstone Architects, Ltd. EXHIBIT G Floor plan (1 1x17 inches) depicting location of volleyball courts and spectator bleachers EXHIBIT H Egress plan (l 1x17 inches) dated as last revised July 6, 2009 by Cornerstone Architects, Ltd. WHEREAS, notice of the public hearing concerning the petition for 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 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 recreation facility would be an appropriate use of the Property, and would be compatible with adjacent properties; 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. 0 0 3 Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for operation of a sports training facility pursuant to Exhibits C, D, E, F, G and H for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Adversity VBC, Inc. executes the lease for the building space at 1701 Leider Lane, and provides a copy of said fully executed lease to the Village. Confidential information within the lease may be redacted prior to delivery of the lease to the Village. B. If said fully executed lease is not provided to the Village by October 5, 2009, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to Adversity VBC, Inc., does not run with the land, and is not assignable. D. The facility shall be used for the activities represented by Adversity in the exhibits hereto and in testimony at the Plan Commission public hearing, namely: volleyball training, including practices, camps, leagues, and tournaments. E. Parking adequate to accommodate the parking demand created by the Adversity recreation facility and any other tenants or uses on the Property shall be provided. In the event that the Village determines that additional parking is necessary to accommodate the Adversity facility or other uses on the Property, Adversity and Owner shall take appropriate actions to provide said parking or reduce parking demand on the property by adjustment or elimination of activities or uses on the Property. F. Adversity and Owner shall make improvements to the building to comply with applicable Village codes as determined by the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal ofthe fully executed lease and the executed Adversity's Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: August 3, 2009 APPROVED: August 3, 2009 ATTEST: APPROVED: illage Clerk ELLIOTT HARTSTEIN, Village President 0 0 EXHIBIT A Legal Description Adversity VBC, Inc. (Adversity Volleyball Club) 1701 Leider Lane Aptakisic Creek Corporate Park Lot 2 of the Aptakisic Creek Corporate Park, being a subdivision of part of the northwest quarter of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1701 Leider Lane, Buffalo Grove, IL ' 1► z EXHIBIT B Adversity VBC, Inc. 1701 Leider Lane Aptakisic Creek Corporate Park Acceptance and Agreement concerning special use ordinance Adversity VBC, Inc. does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2009— _ duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. Adversity VBC, Inc. acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009— _, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. ADVERSITY VBC, INC. By: Name Title: Michael Hulett President The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2009—. APTAKISIC CREEK CORPORATE PARK, LLC By:_ Name: Title: