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2010-05710/27/2010 ORDINANCE NO. 2010 — 57 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Jump Zone Indoor Play Center 1465 Busch Parkway Corporate Grove Business 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 Industrial District pursuant to Ordinance No. 84-40; and, WHEREAS, CGA. Investment, LLC is the owner of the Property; and, WHEREAS, TBAS Entertainment, LLC, an Illinois limited liability company with an authorized assumed name of "Jump!Zone Entertainment" (hereinafter referred to as the "Petitioner ") proposes to lease a space of 1 2,723 square feet at 1465 Busch Parkway for the purpose of operating an indoor play center for children, and; WHEREAS, Petitioner has represented that the hours of operation and services offered will be as follows: Hours of Operation: Monday and Tuesday: Closed Wednesday: 10:00 a.m. to 2:00 p.m. Thursday: 10:00 a.m. to 2:00 p.m. and 4:00 p.m. to 7:00 p.m. Friday: 10:00 a.m. to 2:00 p.m. and 4:00 p.m. to 8:00 p.m. Saturday: 9:00 a.m. to 8:00 p.m. Sunday: 11:00 a.m. to 6:00 p.m. Services Offered: Indoor recreation for children, with the primary customer group being three to nine years of age. 2. Birthday parties and other private parties. 2 3. Walk —in play sessions, including for individual children. WHEREAS, said play center is a recreational facility requiring 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: EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Site plan depicting building and tenant spaces, 1405 -1495 Busch Parkway by Van Vlissingen and Co. EXHIBIT D Project Overview titled Jump Zone Party Play Centers, including floor plan of proposed facility WHEREAS, notice of the public hearing concerning the petition for approval 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 criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and development of the Property as proposed 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for operation of an indoor play center for children pursuant to Exhibits C and D for the Property legally described in Exhibit A attached hereto, subject to the following conditions: 3 A. The special use zoning approval does not become effective until TBAS Entertainment, LLC executes a lease for the space at 1465 Busch Parkway, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by December 31, 2010, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to TBAS Entertainment, LLC, does not run with the land, and is not assignable. If more than fifty (50) percent of the ownership of TBAS Entertainment, LLC is sold or transferred, the special use is terminated. D. The Petitioner shall submit the executed Petitioner Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by November 30, 2010. E. The facility shall be used for indoor play activities for children as represented in the Exhibits hereto presented by the Petitioner. Petitioner has represented that security and supervision will be provided to ensure the safety of children at the facility. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2.D. of this Ordinance. This Ordinance shall not be codified. AYES: 5 — Braiman, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 1 — Glover PASSED: November 1, 2010 APPROVED: November 1, 2010 ATTEST: APPROV L-iVillage Clerk ELLIOTT HARTSTEIN, Village President E EXHIBIT A Legal Description TBAS Entertainment, LLC Jump Zone Indoor Play Center 1465 Busch Parkway Corporate Grove Business Park • SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 8, 9,10,11,12,13 and 14 in the Corporate Grove, being a subdivision of part of the southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document 2305059 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1465 Busch Parkway, Buffalo Grove, IL PINS: 15 -27- 405 -009 (Lot 8) 15 -27- 405 -008 (Lot 9) 15 -27- 405 -007 (Lot 10) 15 -27- 405 -006 (Lot 11) 15 -27- 405 -005 (Lot 12) 15 -27- 405 -004 (Lot 13) 15 -27- 405 -003 (Lot 14) E 5 EXHIBIT B TBAS Entertainment, LLC Jump Zone Indoor Play Center 1465 Busch Parkway Corporate Grove Business Park 0 Petitioner Acceptance and Agreement concerning special use ordinance TBAS Entertainment, LLC does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2010 -57 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. TBAS Entertainment, LLC acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -57, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. TBAS Entertainment, LLC By: Nd� Name (print): ry ICCs F-2knz Title: ?625AeVj- The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -57. CGA Investment, LLC By: Name (print): (�AAC45 A - Title: /� E�f ►3�_ Q� L +f. �c� t3�2 �� � .ZvvEST/Kt7t►T l.�.0 N 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, November 1, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -57, An OrdinanceApproving a Special use in the Industrial District Village of Buffalo Grove, Cook and lake Counties, Illinois, Jump Zone Indoor Play center 1465 Busch Parkway, Corporate Grove Business Park. The pamphlet form of Ordinance No, 2010 -57 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 November 1, 2010 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 19th day of October, 2010. n it ge Clerk -u Ak By 10/27/2010 ORDINANCE NO. 2010 — 57 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Jump Zone Indoor Play Center 1465 Busch Parkway Corporate Grove Business 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 Industrial District pursuant to Ordinance No. 84-40; and, WHEREAS, CGA. Investment, LLC is the owner of the Property; and, WHEREAS, TBAS Entertainment, LLC, an Illinois limited liability company with an authorized assumed name of "Jump! Zone Entertainment" (hereinafter referred to as the "Petitioner ") proposes to lease a space of 12,723 square feet at 1465 Busch Parkway for the purpose of operating an indoor play center for children, and; WHEREAS, Petitioner has represented that the hours of operation and services offered will be as follows: Hours of Operation: Monday and Tuesday: Closed Wednesday: 10:00 a.m. to 2:00 p.m. Thursday: 10:00 a.m. to 2:00 p.m. and 4:00 p.m. to 7:00 p.m. Friday: 10:00 a.m. to 2:00 p.m. and 4:00 p.m. to 8:00 p.m. Saturday: 9:00 a.m. to 8:00 p.m. Sunday: 11:00 a.m. to 6:00 p.m. Services Offered: 1. Indoor recreation for children, with the primary customer group being three to nine years of age. 2. Birthday parties and other private parties. --W1 2 3. Walk —in play sessions, including for individual children. WHEREAS, said play center is a recreational facility requiring 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: EXHIBIT A Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Site plan depicting building and tenant spaces, 1405 -1495 Busch Parkway by Van Vlissingen and Co. EXHIBIT D Project Overview titled Jump Zone Party Play Centers, including floor plan of proposed facility WHEREAS, notice of the public hearing concerning the petition for approval 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 criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and development of the Property as proposed 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. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for operation of an indoor play center for children pursuant to Exhibits C and D for the Property legally described in Exhibit A attached hereto, subject to the following conditions: .W - Y 3 A. The special use zoning approval does not become effective until TBAS Entertainment, LLC executes a lease for the space at 1465 Busch Parkway, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by December 31, 2010, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to TBAS Entertainment, LLC, does not run with the land, and is not assignable. If more than fifty (50) percent of the ownership of TBAS Entertainment, LLC is sold or transferred, the special use is terminated. D. The Petitioner shall submit the executed Petitioner Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by November 30, 2010. E. The facility shall be used for indoor play activities for children as represented in the Exhibits hereto presented by the Petitioner. Petitioner has represented that security and supervision will be provided to ensure the safety of children at the facility. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2.1). of this Ordinance. This Ordinance shall not be codified. AYES: 5 — Braiman, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 1 — Glover PASSED: November 1, 2010 ATTEST: 4, Village Clerk APPROVED: November 1, 2010 APPROVED: ELLIOTT HARTSTEIN, Village President S EXHIBIT A Legal Description TBAS Entertainment, LLC Jump Zone Indoor Play Center 1465 Busch Parkway Corporate Grove Business Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 8, 9,10,11,12,13 and 14 in the Corporate Grove, being a subdivision of part of the southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document 2305059 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1465 Busch Parkway, Buffalo Grove, IL PINS: 15 -27- 405 -009 (Lot 8) 15 -27- 405 -008 (Lot 9) 15 -27- 405 -007 (Lot 10) 15 -27- 405 -006 (Lot 11) 15 -27- 405 -005 (Lot 12) 15 -27- 405 -004 (Lot 13) 15 -27- 405 -003 (Lot 14) EXHIBIT B TBAS Entertainment, LLC Jump Zone Indoor Play Center 1465 Busch Parkway Corporate Grove Business Park Petitioner Acceptance and Agreement concerning special use ordinance TBAS Entertainment, LLC does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2010 -57 duly passed and approved by the Village of Buffalo Grove, lL granting the special use set forth in said Ordinance. TBAS Entertainment, LLC acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -57, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. TBAS Entertainment, LLC By: �✓32 �`,� Name (print): Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -57. CGA Investtment, LLC By: G Name (print): -C A • 1- A1V1%= E Title: /� E'�vf 3 4� �'ivT,4re —) LGC /✓tC -"136 -a 604 Q5:A Tic,V�STiKc?V7 GG►C