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2013-05-06 - Ordinance 2013-025 - APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, K1 SPEED INC 4/30/2013 ORDINANCE NO. 2013—25 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Ki Speed, Inc. 301 Hastings Drive Chevy Chase Business Park West 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; and, WHEREAS, Chevy Chase Business Park Limited Partnership is the owner of the Property; and, WHEREAS, the Village approved Ordinance No. 2003-26 granting a special use to Chicago Indoor Racing LLC to operate a recreation facility for indoor kart racing at the Property; and, WHEREAS, Chicago Indoor Racing LLC has ceased operation of the recreation facility at the Property; and, WHEREAS, K1 Speed, Inc. (hereinafter referred to as the "Petitioner") has assumed the operations at 301 Hastings Drive previously conducted by Chicago Indoor Racing LLC for the purpose of operating a facility for indoor kart racing and accessory uses, including a pro shop, food and beverage sales, coin-operated amusement devices and pool tables, in accordance with the terms set forth in this Ordinance; and, 1 WHEREAS, the Petitioner has represented that the proposed use by K1 Speed, Inc. will be substantially similar to the recreation facility previously operated by Chicago Indoor Racing LLC in the building on the Property, except that racing karts will be electric, not gas-powered; and, WHEREAS, said recreational facility proposed by the Petitioner 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 Petitioner's Acceptance and Agreement concerning special use EXHIBIT C Letter dated March 25, 2013 from David Danglard, K1 Speed, Inc. WHEREAS, notice of the public hearing concerning the petition for approval of the Special Use for K1 Speed, Inc. to operate a facility for indoor electric kart racing and accessory retail and entertainment uses on the Property was given and the public hearing was held by the Corporate Authorities; and WHEREAS, the Village 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 electric kart racing facility and accessory retail and entertainment uses, including a pro shop, food and beverage sales, coin- operated amusement devices and pool tables pursuant to the requirements of this Ordinance for the Property legally described in Exhibit A attached hereto, subject to the following conditions: 2 A. The facility shall be used for an indoor electric kart racing facility and accessory retail and entertainment uses as represented in Exhibit C hereto presented by the Petitioner. B. The Petitioner shall have a management plan for the facility establishing protocols to ensure the safe handling and operation of electric karts by employees and customers on the Property. Said management plan is subject to Village review and approval, and shall be submitted to the Village prior to issuance of a certificate of occupancy. C. The hours of operation of the facility shall be: Monday-Wednesday: 8:30 AM to 10:00 PM Thursday: 8:30 AM to 11:00 PM Friday-Saturday: 8:30 AM to 12:00 AM Sunday: 8:30 AM to 10:00 PM D. No live entertainment shall be conducted on the Property without the prior express written approval by the Village. E. The facility shall be allowed to operate a maximum of thirty-six (36) coin- operated amusement devices in accordance with the applicable requirements of Chapter 5.12 of the Buffalo Grove Municipal Code. The installation of all said amusement devices is subject to Village review and issuance of permits and licenses. F. The special use is granted to K1 Speed, Inc. and does not run with the land. G. The special use granted to K1 Speed, Inc. is assignable to subsequent petitioners, seeking assignment of this special use as follows: 1. 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 3 reason. H. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B to the Village within fourteen (14) days of approval of this Ordinance. 1. Exterior building appearance and signs on the Property are not approved by this Ordinance. Building appearance is subject to review pursuant to the Village Appearance Plan, and signs are subject to the Village Sign Code (Title 14 of the Buffalo Grove Municipal Code). No exterior building modifications shall be made, nor shall signs be installed prior to Village approval, and issuance of permits. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Petitioner's Acceptance and Agreement as set forth in Section 2.1-1. of this Ordinance. This Ordinance shall not be codified. AYES: 5—Trilling, Sussman,Terson, Stein, Ottenheimer NAYS: 0—None ABSENT: 1— Berman PASSED: May 6, 2013 APPROVED: May 6, 2013 ATTEST: APPROVE Villa a Clerk EF IMAN, Village President This document was prepared by: Robert E.Pfeil,Village Planner Village of Buffalo Grove,IL Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove,IL 60089 4 EXHIBIT A Legal Description K1 Speed, Inc. 301 Hastings Drive Chevy Chase Business Park West SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 4 in Chevy Chase Business Park West Resubdivision being part of Columbian Gardens Unit No. 4, in part of the southeast quarter and the east one-half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian, according to the plat of said Chevy Chase Business Park Resubdivision, recorded April 13, 1989 as Document No. 2793188 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 301 Hastings Drive, Buffalo Grove, IL PINS: 15-34-315-017 & 15-34-315-019 5 EKHIBff 8 ICi Aw" Sol""*W Drf" Chevy Chase knin ss"West Ki Speed,Inc.,acknowlad�n that It has read and understands*Hof the terms and provisions of Buffalo Gran Ordinance No. 2013-25 perWft 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 sold ordinance. Kl Speed,Inc. , By: Name(print): Title: G' G The urdWrsknad Owner acknowledges that it has road and understands all of the terms and provisions of said Buffalo drove Ordinance No.2013-25. r Chevy Chhose,Bu*wss.Park limited Partnership. y Uy'Xj��le f wwAr.n..liWW Titiee: go b Exhibit C INDOOR KART RACING March 25,2013 Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 To Whom It May Concern: Founded in 2003, KI Speed is the premier karting company in America with 14 locations nationwide. With kart racing centers in San Diego, Los Angeles, Santa Clara, Seattle,the inland Empire,Fort Lauderdale, Sacramento,Austin, Houston, San Antonio and Phoenix, and several more facilities planned for the near future, K1 Speed brings the thrill and excitement of indoor karting to a large audience. Offering highly-advanced and environmentally-friendly electric karts as well as large indoor entertainment venues that feature authentic racing memorabilia,pit cafes, meeting rooms and pool tables, KI Speed is a great place to visit with family and friends or to host a corporate event or party. K1 Speed is buying the assets of Chicago Indoor Racing. Management and employees will remain the same. The operation will be run the same way,there are no changes planned. There are no chemicals used in our operation. We will be using electric karts so there will be no gasoline stored on the premises. Sincerely, David Danglard CEO K I Speed, Inc. KI Speed-Illinois, Inc. KI SPEED.com 17221 Von Karman Ave„ Irvine, CA 92614 Phone: (949) 250-0242 Fax: (949)335-9011 LOCATIONS NATIONWIDE 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 May 6, 2013, the Corporate Authorities of the Village passed and approved Ordinance No. 2013-25, AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, a copy of such Ordinance was posted in and at the Village Hall, commencing on May 7, 2013 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 7th day of Mayl,2013. �.'z //�- '�;'4"Z 4illage Clerk By