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2011-0377/26/2011 a .. 1 0 ORDINANCE NO. 2011— 37 AN ORDINANCE APPROVING A SPECIAL USE FOR A RECREATION FACILITY IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Xtreme Trampolines (ITP #2, LLC) 900 Busch Pkwy The 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 (the "Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 1984 -40; and, WHEREAS, Forefront Properties LLC is the owner ( "Owner "), of the Property; and, WHEREAS, Eric Beck has petitioned the Village on behalf of ITP #2, LLC, a Wyoming limited liability company; and, WHEREAS, ITP #2, LLC is not yet registered with the Illinois Secretary of State to conduct its business in Illinois: and, WHEREAS, Eric Beck has represented that ITP #2, LLC will be doing business under the assumed name of "Xtreme Trampolines;" and, WHEREAS, Eric Beck and ITP #2, LLC will collectively be referred to herein as "Xtreme Trampolines "; and, WHEREAS, Xtreme Trampolines proposes to lease a space of 50,000 square feet in the building (121,096 square feet) at 900 Busch Parkway for the purpose of operating an indoor trampoline facility; and, 2 WHEREAS, Xtreme Trampolines and Owner have represented to the Village that Xtreme Trampolines, as lessee, and Owner, as lessor, have agreed to execute a lease (the "Lease ") for a space of 50,000 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: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Project binder dated May 27, 2011 EXHIBIT D Floor Plan dated June 24, 2011 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 voted 6 to 2 to recommend against approval of the special use based on concerns relating to public health and safety, specifically Sub - section 17.28.040.A.1. of the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning 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 adopt a proper, valid and binding ordinance approving a special use for operation of a recreational facility for trampolines pursuant to Exhibit C for the Property legally described in Exhibit A attached hereto, subject to the following conditions: 9 3 A. The special use zoning approval does not become effective until Xtreme Trampolines: (i) executes the lease for the building space at 900 Busch Parkway 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.), (ii) provides proof to the Village that ITP #2, LLC is authorized to conduct business in the State of Illinois, and (iii) provides proof to the Village that ITP #2, LLC is authorized to conduct business in Illinois under the assumed name of Xtreme Trampolines. B. If the requirements of the foregoing subsection A. are not provided to the Village by September 30, 2011, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to Xtreme Trampolines, and said special use does not run with the land and is not assignable. D. The facility shall be used for the activities represented by Xtreme Trampolines in the exhibit hereto and in testimony at the Plan Commission public hearing, namely: the use of trampolines as a recreational activity and related accessory activities including birthday parties. E. Off - street parking shall be provided to accommodate the parking demand created by the Xtreme Trampolines recreation facility and any other tenants or uses on the Property. In the event that the Village determines that additional parking is necessary to accommodate the Xtreme Trampoline facility or other uses on the Property, Xtreme Trampoline 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. F. The location of handicapped accessible parking spaces and curb access shall be modified as directed by the Village to provide said parking and access proximate to the main customer building entrance to the Xtreme Trampolines facility. G. Xtreme Trampolines and Owner shall make improvements to the building to comply with applicable Village codes as determined by the Village. H. Xtreme Trampolines shall provide a management and safety plan concerning operation of the trampoline facility to the Village at the time of application M for a building permit. 0 (i) Said management and safety plan shall include provisions regarding safety training for employees and customers concerning safe use of recreational equipment at the facility; enforcement of the rules and policies concerning use of the equipment; a written procedure and schedule for routine surface cleaning of all shared athletic equipment; and a written procedure and schedule for the regular inspection and maintenance of all equipment used by customers. (ii) Said management and safety plan is subject to review and acceptance by the Village Manager or the Manager's designee. Any modifications to said plan after initial acceptance by the Village shall be submitted to the Village Manager for review and acceptance. (iii) Xtreme Trampolines shall provide access to the facility for Village personnel during regular business hours to inspect and monitor operation of the facility concerning compliance with the management and safety plan. (iv) If the Village determines that there are serious public safety or public health issues that have not been remedied by Xtreme Trampolines in an effective and timely manner after notice by the Village, then the Village may take action to suspend or revoke the business license of Xtreme Trampolines in accordance with Chapter 1.12 of the Buffalo Grove Municipal Code. Section 3. This Ordinance shall be in full force and effect upon the submittal to and approval by the Village of the documents set forth in Section 2.A., the management and safety plan required by Section 2.1-1. hereof, and the executed Acceptance and Agreement (Exhibit B hereto). If there are any changes to the entities set forth in Exhibit B, Eric Beck shall notify the Village, and a revised Exhibit B shall be executed and filed with the Village. This Ordinance shall not be codified. AYES: Berman, Trilling, Terson, Ottenheimer NAYS: Sussman, Stein ABSENT: n/a PASSED: July 25, 2011 APPROVED: July 25, 2011 ATTEST: CV411age Clerk President E 0 EXHIBIT A Legal Description Xtreme Trampolines 900 Busch Parkway The Corporate Grove Business Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 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: 900 Busch Parkway, Buffalo Grove, IL PIN: 1527303021 1527303022 1527303023 1527303024 1527303025 1527303026 1527303027 1527303028 1527303029 1527303030 1527303031 1527303032 1527303033 1527303034 r� v EXHIBIT B Xtreme Trampolines 900 Busch Parkway The Corporate Grove Business Park Acceptance and Agreement concerning special use ordinance ITP 42, LLC d /b /a Xtreme Trampolines does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2011— — duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. ITP #2, LLC d /b /a Xtreme Trampolines acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011— _, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. ITP #2, LLC, d /b /a XTREME TRAMPOLINES By: T.T. P. 42, LLC ► �• Name (print): �. , �'.# °, L1,•C. CAI C Title: 0 Q K The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011— FOREFRONg7RTIES LLC By: Name (print):vi?i G�'� Title: 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 July 25, 2011, the Corporate Authorities of the Village passed and approved Ordinance No. 2011 -37, An Ordinance Approving A Special Use for A Recreation Facility In The Industrial District, Village of Buffalo Grove Cook and Lake Counties, IL, was prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing on July 25, 2011 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 26th day of July, 2011. age Clerk Y 7/26/2011 ORDINANCE NO. 2011— 37 AN ORDINANCE APPROVING A SPECIAL USE FOR A RECREATION FACILITY IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Xtreme Trampolines (ITP #2, LLC) 900 Busch Pkwy The 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 (the "Property") attached hereto is zoned in the Industrial District pursuant to Ordinance No. 1984 -40; and, WHEREAS, Forefront Properties LLC is the owner ( "Owner "), of the Property; and, WHEREAS, Eric Beck has petitioned the Village on behalf of ITP #2, LLC, a Wyoming limited liability company; and, WHEREAS, ITP #2, LLC is not yet registered with the Illinois Secretary of State to conduct its business in Illinois: and, WHEREAS, Eric Beck has represented that ITP #2, LLC will be doing business under the assumed name of "Xtreme Trampolines;" and, WHEREAS, Eric Beck and ITP #2, LLC will collectively be referred to herein as "Xtreme Trampolines "; and, WHEREAS, Xtreme Trampolines proposes to lease a space of 50,000 square feet in the building (121,096 square feet) at 900 Busch Parkway for the purpose of operating an indoor trampoline facility; and, F1 WHEREAS, Xtreme Trampolines and Owner have represented to the Village that Xtreme Trampolines, as lessee, and Owner, as lessor, have agreed to execute a lease (the "Lease ") for a space of 50,000 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: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special use EXHIBIT C Project binder dated May 27, 2011 EXHIBIT D Floor Plan dated June 24, 2011 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 voted 6 to 2 to recommend against approval of the special use based on concerns relating to public health and safety, specifically Sub - section 17.28.040.A.1. of the criteria for a Special Use as set forth in Section 17.28.040 of the Village's Zoning 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 adopt a proper, valid and binding ordinance approving a special use for operation of a recreational facility for trampolines pursuant to Exhibit C 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 Xtreme Trampolines: (i) executes the lease for the building space at 900 Busch Parkway 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.), (ii) provides proof to the Village that ITP #2, LLC is authorized to conduct business in the State of Illinois, and (iii) provides proof to the Village that ITP #2, LLC is authorized to conduct business in Illinois under the assumed name of Xtreme Trampolines. B. If the requirements of the foregoing subsection A. are not provided to the Village by September 30, 2011, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to Xtreme Trampolines, and said special use does not run with the land and is not assignable. D. The facility shall be used for the activities represented by Xtreme Trampolines in the exhibit hereto and in testimony at the Plan Commission public hearing, namely: the use of trampolines as a recreational activity and related accessory activities including birthday parties. E. Off - street parking shall be provided to accommodate the parking demand created by the Xtreme Trampolines recreation facility and any other tenants or uses on the Property. In the event that the Village determines that additional parking is necessary to accommodate the Xtreme Trampoline facility or other uses on the Property, Xtreme Trampoline 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. F. The location of handicapped accessible parking spaces and curb access shall be modified as directed by the Village to provide said parking and access proximate to the main customer building entrance to the Xtreme Trampolines facility. G. Xtreme Trampolines and Owner shall make improvements to the building to comply with applicable Village codes as determined by the Village. H. Xtreme Trampolines shall provide a management and safety plan concerning operation of the trampoline facility to the Village at the time of application for a building permit. (i) Said management and safety plan shall include provisions regarding safety training for employees and customers concerning safe use of recreational equipment at the facility; enforcement of the rules and policies concerning use of the equipment; a written procedure and schedule for routine surface cleaning of all shared athletic equipment; and a written procedure and schedule for the regular inspection and maintenance of all equipment used by customers. (ii) Said management and safety plan is subject to review and acceptance by the Village Manager or the Manager's designee. Any modifications to said plan after initial acceptance by the Village shall be submitted to the Village Manager for review and acceptance. (iii) Xtreme Trampolines shall provide access to the facility for Village personnel during regular business hours to inspect and monitor operation of the facility concerning compliance with the management and safety plan. (iv) If the Village determines that there are serious public safety or public health issues that have not been remedied by Xtreme Trampolines in an effective and timely manner after notice by the Village, then the Village may take action to suspend or revoke the business license of Xtreme Trampolines in accordance with Chapter 1.12 of the Buffalo Grove Municipal Code. Section 3. This Ordinance shall be in full force and effect upon the submittal to and approval by the Village of the documents set forth in Section 2.A., the management and safety plan required by Section 2.1-1. hereof, and the executed Acceptance and Agreement (Exhibit B hereto). If there are any changes to the entities set forth in Exhibit B, Eric Beck shall notify the Village, and a revised Exhibit B shall be executed and filed with the Village. This Ordinance shall not be codified. AYES: Berman, Trilling, Terson, Ottenheimer NAYS: Sussman, Stein ABSENT: n/a PASSED: July 25, 2011 APPROVED: July 25, 2011 ATTEST: Village Clerk President Gol EXHIBIT A Legal Description Xtreme Trampolines 900 Busch Parkway The Corporate Grove Business Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64 and 65 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: 900 Busch Parkway, Buffalo Grove, IL PIN: 1527303021 1527303022 1527303023 1527303024 1527303025 1527303026 1527303027 1527303028 1527303029 1527303030 1527303031 1527303032 1527303033 1527303034 7 EXHIBIT B Xtreme Trampolines 900 Busch Parkway The Corporate Grove Business Park Acceptance and Agreement concerning special use ordinance ITP #2, LLC d /b /a Xtreme Trampolines does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2011— — duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. ITP #2, LLC d /b /a Xtreme Trampolines acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 —_, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. ITP 92, LLC, d /b /a XTREME TRAMPOLINES By: E 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. 2011— . FOREFRONT PROPERTIES LLC as Name (print): Title: