2011-025 4/25/2011
ORDINANCE NO. 2011 -25
TWENTY—SECOND AMENDMENT TO THE TOWN CENTER
PLANNED UNIT DEVELOPMENT
Ordinance approving an amendment to the Planned Unit Development
and approving an amendment to the special use for a family entertainment center
in the Commercial/Recreational sub—district
of the B-5 Town Center District
eSkape Entertainment Center
350 McHenry Road
(originally approved as "Cosmic Zone Family Entertainment Center"
by Ordinance No. 2002-28)
WHEREAS, the Village of Buffalo Grove is 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 as part of a Planned Unit Development (PUD) in the
Commercial/Recreational sub-district of the B-5 Town Center District; and,
WHEREAS, Inland Real Estate-Illinois, LLC, a Delaware limited liability
company is the owner("Owner") of the Property; and,
WHEREAS, Supervalu Holdings, a Missouri corporation, is a lessee of the
Property pursuant to a lease agreement dated April 12, 2000 with the Owner;
WHEREAS, Eskape Entertainment Center, LLC is a sub-lessee of Supervalu
Holdings, Inc.; and,
WHEREAS, the entertainment center at the Property was originally approved by
Village Ordinance No. 2002-28, the eighteenth amendment of the Buffalo Grove Town
Planned Unit Development; and,
WHEREAS, Village Ordinance No. 2002-28 approved a special use for a family
entertainment center known as the Cosmic Zone Family Entertainment Center pursuant to
Chapter 17.28 and Section l 7.44.060.C.1 .e.11 of the Village Zoning Ordinance; and,
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WHEREAS, the said entertainment center currently operates under the business
name of eSkape Entertainment Center; and,
WHEREAS, Eskape Entertainment Center, LLC, an Illinois limited liability
company (hereinafter sometimes referred to as the "Operator") is sublessee of the
building at 350 McHenry Road and is the operator of the eSkape Entertainment Center;
and,
WHEREAS, Operator petitioned the Village in 2009 for amendment of the special
use to conduct dance parties at the Property; and the Village approved Ordinance No.
2010-10, the twentieth amendment of the Town Center Planned Unit Development; and,
WHEREAS, Ordinance No. 2010-10 was effective until September 1, 2010 and
the Village passed Ordinance No. 2010-49 extending the conditions of Ordinance No.
2010-10 to January 3, 2011; and,
WHEREAS, the Operator of eSkape has noted the business necessity to modify
and enhance various aspects of the Property to maintain the viability of the facility; and,
WHEREAS, the Village acknowledges the Operator's need to make occasional
modifications to the facility, and will work cooperatively with Operator to foster the
viability of the facility while maintaining compliance with Village zoning regulations and
other codes; and,
WHEREAS, Operator and the Village have mutually agreed that the current
Ordinance approving the twenty-second amendment of the Town Center Planned Unit
Development and approving an amendment of the special use for the eSkape
Entertainment Center is needed to set forth the conditions of use for operation of said
entertainment center; and,
WHEREAS, it is understood and agreed by the Operator and the Village that uses
at the Property are intended to provide a variety of amusement and recreation activities,
and entertainment, social and business events appealing to a broad range of age groups. It
is further understood and agreed that entertainment uses may include live music
performances and dancing, subject to the conditions set forth herein; and,
WHEREAS, the Village President and Board of Trustees after due and careful
consideration have determined that use of the Property subject to the terms and
conditions set forth herein would enable the Village to control development of the
Property 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, ILLIONOIS:
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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 for Eskape Entertainment Center,
LLC and amending the Town Center Planned Unit Development for the Property legally
described in Exhibit A hereto and subject to the conditions set forth in Section 4 of this
Ordinance.
Section 3. The following exhibits are made a part hereof:
Exhibit A Legal Description of the Property
Exhibit B Floor Plan
Exhibit C Owner, Lessee and Operator/Sub-lessee Acceptance and
Agreement
Section 4. The special use is subject to the following:
A. Operator shall provide notification by email to the Village Manager and
Deputy Village Manager 15 days prior to the following types of events
and activities:
i. Overnight events, including lock-ins of participants in group
activities.
ii. Events and activities involving physical modification of floor
spaces or ingress and egress required by Village code. Said
modifications are subject to approval by the Village. Temporary
stages shall not exceed 675 square feet.
iii. Dance parties for persons 20 years of age and younger. The Village
shall determine if security by Village police personnel is necessary
for said dance parties, and provide Operator a schedule of fees for
provision of said security. Operator shall pay fees in accordance
with the Village's standard business practices.
iv. Events and activities involving live animals other than assist
animals such as guide dogs.
B. Competitive sporting events and activities involving physical contact,
including boxing, wrestling and martial arts, shall not be conducted at the
Property.
C. Operator shall provide documentation to the Village that all inflatable play
equipment used at the Property is certified by the Illinois Department of
Labor.
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D. The floor plan of the facility is depicted on Exhibit B. Modifications to
said floor plan shall be presented to the Village to determine if any Village
permits are necessary, or if amendment of the special use is required.
Section 5. This Ordinance supersedes Ordinance Nos.2002-28,2010-10and 201049.
Section 6. This Ordinance shall be in full force and effect from and after its passage,
approval and publication, subject to execution by the Owner, Lessee and Operator of the
Acceptance and Agreement, Exhibit C hereto, incorporated herein and made a part
hereof, and filing of said executed Agreement and Acceptance with the Village Clerk.
This Ordinance shall not be codified.
AYES: 6—Berman Sussman Trilling, Terson Stein Ottenheimer
NAYS: 0—None
ABSENT: 0—None
PASSED: May 16, 2611
APPROVED: May 16,,2011
ATTEST: ZAPPROV
Villag Jerk e ai an, Village President
This document was prepared by:
Robert E. Pfeil, Village Planner
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
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EXHIBIT A
Legal Description
Lot 2, Buffalo Grove Town Center Unit 8, being a resubdivision of Lot 2 in Buffalo
Grove Town Center Unit 5, in the southwest quarter of Section 33, Township 43 North,
Range I 1 East of the Third Principal Meridian, in Lake County, Illinois.
SUBJECT PROPERTY COMMON DESCRIPTION: 350 McHenry Road, Buffalo
Grove, Illinois.
PIN: l 5-33-304-161
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EXHIBIT C
ACCEPTANCE AND AGREEMENT
eSkape Entertainment Center
350 McHenry Road
Buffalo Grove, IL
Eskape Entertainment Center, LLC as Operator and sub-lessee of the Property 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 and amending the Planned Unit
Development set forth in said Ordinance.
Eskape Entertainment Center, LLC 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.
Eskape Entertainment Company, LLC
an Il igois limited(k�
liab By:
Signature
Name (print): IcL14 i
Title:
SUBSCRIBED AND SWOP TO
b or me this day of 2011
!" ,
otary umie
"OFFICIAL SEAL"
5 FAY RUBIN
COMMISSION EXPIRES.01/24/12
(Continued)
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EXHIBIT C (continued)
ACCEPTANCE AND AGREEMENT
eSkape Entertainment Center
350 McHenry Road
Buffalo Grove, IL
The undersigned Owner acknowledges that it has read and understands all of the terms
and provisions of said Buffalo Grove Ordinance No. 2011
Inland Real Estate-Illinois, LLC
a Delaware limited liability company
By:___,__
Signature
Name (print):
Title:
SUBSCRIBED AND SWORN TO
before me this day of , 2011
Notary Public
The undersigned Lessee acknowledges that it has read and understands all of the terms
and provisions of said Buffalo Grove Ordinance No. 2011—
Supervalu Holdings, Inc.
a Missouri corporation
By:___
Signature
Name (print):
Title:
SUBSCRIBED AND SWORN TO
before me this day of , 2011
Notary Public
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