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2015-04-20 - Ordinance 2015-017 - APPROVING AMENDMENT TO SPECIAL USE FOR ROCKIN JUMP, 950 BUSCH PKWY 3/31/2015 ORDINANCE NO.2015- 7 AN ORDINANCE APPROVING ANA TO A SPECIAL USE FOR A RECREATION FACILITY IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Jump Park Buffalo Grove, LLC (Rockin' Jump Franchisee) 950 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 Village approved Ordinance No. 2011-37 granting a special use for the Xtreme Trampolines recreation facility at 950 Busch Parkway, zoned in the Industrial District; and, WHEREAS, the special use was granted solely to Eric Beek as operator of Xtreme Trampolines and did not run with the land and was not assignable; and, WHEREAS, said facility is located on the real property legally described in Exhibit A(the "Property") attached hereto, and 900 Busch Parkway Venture LLC is the owner("Owner"), of the Property; and, WHEREAS, the Village approved Ordinance No. 2013-13 which amended the special use on the Property to allow for additional coin operated amusement devices within the business on the Property; and, WHEREAS, Jump Park Buffalo Grove, LLC has acquired the Extreme Trampoline business located at 950 use Parkway and Shannon O'Connor of Jump Park Buffalo Grove, LLC("Petitioner") has requested approval of an amendment to the existing special use for a change in ownership to Jump Park Buffalo Grove, LLC and to allow rock wall climbing; and, WHEREAS, Jump Park Buffalo Grove, LLC, has entered into a franchise agreement with Rockin' Jump whereby Jump Park Buffalo Grove, LLC has the right to the use of the name Rockin' Jump; and, WHEREAS, Jump Park Buffalo Grove, LLC has removed from the facility the amusement devices approved by Village Ordinance No. 2013-13; and WHEREAS, the facility would continue to be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning amendment of the special use EXHIBIT C Floor Plan (Emergency Exit Plan) for the facility(dated 9/22/2011) WHEREAS, notice of the public hearing concerning the petition for amendment to the special use was given, and the public hearing was held by the Buffalo Grove Plan Commission on March 18, 2015; and, WHEREAS, the Village Planning & Zoning Commission voted unanimously to recommend approval of the amended special use to Jump Park Buffalo Grove, LLC; 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 OFT 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 an amendment to the special use granted by Ordinance No. 2011-37 for operation of a recreational facility for trampolines and for rock wall climbing on the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use as a trampoline recreational facility and rock wall climbing facility is granted to Jump Park Buffalo Grove, LLC (as ownership is currently constituted) and said special use does not run with the land. B. The special use granted to Jump Park Buffalo Grove, LLC (as ownership is currently constituted) is assignable to subsequent petitioners, seeking assignment of this special use as follows: I. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. C. Except as modified by this Ordinance, the terms and conditions of Village Ordinance No. 2011-37 remain in full force and effect. D. Village Ordinance No. 2013-13 is hereby repealed. Section 3. This Ordinance shall be in full force and effect upon the submittal to and approval by the Village of the executed Acceptance and Agreement (Exhibit B hereto). This Ordinance shall not be codified. AYES: 4—Trilling, Sussman, Terson, Stein NAYS: 0 -None ABSENT: 2 —Berman, Otte nheimer PASSED: April 20, 2015. APPROVED: April 20, 2015. APPROVED- J FF BRAIMAN, Village President ATTEST: QV-4yA"' Vifla- e Clerk 3 EXHIBIT A Legal Description Jump Park Buffalo Grove, LLC (Rockin' Jump Franchisee) 950 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 I I 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 4 EXHIBIT B Jump Park Buffalo Grove,LLC (Rockin' Jump Franchisee) 950 Busch Parkway The Corporate Grove Business Park Acceptance and Agreement concerning special use ordinance Jump Park Buffalo Grove,LLC does hereby accept and agree to abide by and be bound by each of the terms,conditions and limitations set forth in Buffalo Grove Ordinance No.2015— 17 duly passed and approved by the Village of Buffalo Grove, IL amending the special use set forth in said Ordinance. Jump Park Buffalo Grove, LLC acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No.2015- 17 and does hereby acknowledge and consent to each and all of the provisions,restrictions,and conditions of said Ordinance. Jump Park Buffalo Grove, LLC By: C>p �2aA4.etl /—2 J� Printed Name The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2015-17. 900 Busch Parkway,Venture LLC By: "o Printed Name