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2017-11-06 - Ordinance 2017-046 - APPROVING SPECIAL USE FOR AMUSEMENT ESTABLISHMENT, K KARAOKE AT 1144 LAKE COOK RDORDINANCE NO. 2017 - 046 AN ORDINANCE APPROVING A SPECIAL USE FOR AN AMUSEMENT ESTABLISHMENT IN THE B3 PLANNED BUISNESS DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS K. Karaoke 1144 Lake Cook Road Special Use for an amusement establishment WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property ("Property") legally described in EXHIBIT A attached hereto is zoned in the B-3 Planned Business Center District; and, WHEREAS, Lakenya Reid ("Petitioner"), as a lessee of the Property, has petitioned the Village for approval of a special use to operate K. Karaoke, an amusement establishment, within 1144 Lake Cook Road which is in the B3 Planned Business Center District; and, WHEREAS, Lakenya Reid is the manager and sole member of K. Teen Spot, LLC, an Illinois limited liability company with an assumed name of K. Karaoke ("K. Karaoke"); and, WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on October 18, 2017 concerning the petition for the special use; and, WHEREAS, the Planning & Zoning Commission determined that the petition meets the criteria of a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Planning & Zoning Commission voted 6 to 0 to recommend approval of the special use subject to the special conditions outlined in Section 2 below; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the special use for an amusement establishment is a reasonable use of the Property and will serve the best interests of the Village. WHEREAS, K. Karaoke shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description EXHIBIT B Acceptance and Agreement concerning special uses EXHIBIT C Petitioner's Information and response to standards 2 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 grant the Special Use to Lakenya Reid at the Property subject to the following conditions: 1. The facility shall be limited to a maximum occupancy of fifty (50) persons 2. If required by the International Building Code, as amended by the Village, and/or the Illinois Plumbing Code, a second accessible washroom shall be provided prior to occupancy. 3. The special use of an amusement establishment is granted to Lakenya Reid and said special use does not run with the land. 4. The special use is granted to Lakenya Reid and is assignable to subsequent petitioners, seeking assignment of this special use as follows: a. 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. b. 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. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAYES: 0 - None ABSENT: 0 - None PASSED: November 6, 2017. APPROVED: November 6, 2017, ATTEST: APPROVED: Janet M. Sirabian, Village Cierk 3 EXHIBIT A LEGAL DESCRIPTION K. Karaoke 1144 Lake Cook Road Special Use for an amusement establishment Parcel 1: Lot 1 and Lot 3 in Dominick's Buffalo Grove Subdivision, being a Resubdivision of part of Lot 1 in Buffalo Grove Business Park Unit 2, being a Subdivision in the west %2 of the southwest % of Section 32, Township 43 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded September 5, 2001 as Document Number 4757245, in Lake County, Illinois. Parcel 2: Easement for ingress and egress appurtenant to and for the benefit of Parcel 1 as created by Declarations of Easement recorded August 17, 1983 as Document 2232275 and July 9, 1984 as Document 2294887 as amended by instrument recorded October 10, 1984 as Document 2315323, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1144 Lake Cook Road, Buffalo Grove, IL PIN: 15-32-308-020-0000 1984 as Document 2294887 as amended by instrument recorded October 10, 1984 as Document 2315323, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1144 Lake Cook Road, Buffalo Grove, IL PIN: 15-32-308-020-0000 EXHIBIT B K. Karaoke 1144 Lake Cook Road Special Use for an amusement establishment Acceptance and Agreement concerning special use Lakenya Reid acknowledges that she has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2017-046 pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. 4xv, W Lakenya Reid The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2017-046. Property Owner Title: k ni , "i / /, 1/0'`jil,— I 4 EXHIBIT B K. Karaoke 1144 Lake Cook Road Special Use for an amusement establishment Acceptance and Agreement concerning special use Lakenya Reid acknowledges that she has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2017-046 pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Lakenya Reid The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2017-046. Property Owner By: Name (print):_ Title: EXHIBIT C K. Karaoke 1144 Lake Cook Road Special Use for an amusement establishment Petitioner's Information and Response to Standards Concept: Karaoke is a popular phenomenon, allowing people to sing their favorite song in front of an audience. K. Karaoke will add an extra layer of excitement by introducing Hot Seat Karaoke! Patrons will be ushered into their seats, where they will have 15 mins to go through a Karaoke booklet and pick a song that they would like to perform. Performers/groups will be randomly selected to perform the song of their choice. Patrons will use text message polling technology to rate each Karaoke participant/group on their performance on a scale of 1-10. Once the allotted amounts of performances have been completed, the two performers with the highest score will battle it out for the winning spot! The final winning contestant will receive a prize and a picture of the wall of winners. Operation: As participants go and come to the stage for their turn at Karaoke music will play between each contestant's performances to allow time for the transition between performers. There will be 3 group sessions of Hot Seat Karaoke on Friday and Saturday of each week. The session times are listed as 6:30pm-8:00pm, 8:30pm-10:00pm, and 10:30pm-12:00pm. Each session will have 20 patrons with a maximum of 30 patrons to allow tirne for a good number of performances. There will be 3 employees during operating hours; 1 Cashier, 1 Karaoke DJ, 1 Host. There will be no food or drink sold. There will be no special equipment, chemicals, or compressed gases. __-- -- [ ack Door Restroom Office 1 rr' Stage 81;o" �=l 5 Tables (Seats 4) IftlMlill! Front Door <-- 17'0" 5 Tables (Seats 4) Projector Screen Front Desk & Waiting Area 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, cornfort, or general welfare; The business shall serve the public convenience at the location of the subject property. The karaoke business is meant to improve moral, through team work and healthy competition. Therefore, it will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; The business location and size is such that it will not be disruptive in any way to the current flow of the area. The Karaoke business is a very nimble business in the fact that its basis is music and music is always changing and growing with society. Therefore, the business will work in harmony with all existing and new businesses. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; The business will not in any way be injurious to any other property in the immediate vicinity. The business will increase property values by alleviating a long time vacant location and will bring new life to surrounding businesses by attracting new cliental. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; The business will not negatively affect any development and or use of the advancement of adjacent land and buildings. 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; The Karaoke business does not require any utilities other than electricity. A restroom will be available for public use and there will not be any hindrance to access roads. 6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened frorn adjoining residential uses, and the entrance and exit driveways to and frorn these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. There will be ample parking available during the peak hours of business. There will also not be high turnover of customers since the entertainment lasts an hour, which will not cause constant traffic of customers.