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2013-02-06 - Plan Commission - Minutes Board or Commission: ❑ Plan commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 02/06/2013 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION February 6, 2013 Xtreme Trampolines, 950 Busch Parkway -Amendment of special use in The Industrial District to add coin-operated amusement devices Chairman Smith called the hearing to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Smith read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Chairman Smith Mr. Khan Mr. Stark Mr. Cohn Mr. Weinstein Ms. Johnson Mr. Goldspiel Commissioners absent: Mr. Matthews Also present: Mr. Eric Beck, Xtreme Trampolines Mr. Sam Dando, Family Entertainment Group Ms. Beverly Sussman, Village Trustee Mr. Andrew Stein, Village Trustee Mr. Jeff Stein, Village Attorney Mr. Eric Yehl, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo from Mr. Pfeil to the Plan Commission dated February 1, 2013 Mr. Eric Beck stated they currently have three video games in their facility that they have a permit for from the Village. They are now petitioning to have additional games pursuant to Chapter 5.12, Section 5.12.070.D. of the Village code. He stated that he is knowledgeable concerning the standards set forth in Chapter 5.12 such as spacing between video games and emergency exit travel routes from the facility. He said his proposed layout for the amusement devices will comply with the Village's standards. Mr. Beck noted that the trampoline facility has a floor area of 50,000 square feet, and there is a lot of available space for the proposed amusement devices. Commissioner Goldspiel asked how many people are using the facility at peak time. Mr. Beck stated the facility has the capacity for 400 people. He stated they do not really want that many people in there - - about 200 people at one time is optimum and that includes parents who are their with their kids and that many times that can be third of those 200 people. Commissioner Goldspiel asked how many people they now have during peaks. Mr. Beck stated approximately 200 people. Commissioner Goldspiel asked what type of devices they will have. Mr. Dando stated there are basically three categories of games: monitor type; ticket redemption; and playing/strategy. Video games use a TV-type monitor that can be used for driving games, gun games, dance games, etc. There are a ticket redemption games typical of venues such as Chucky Cheese. There's a play value to them, and based on the value you get a certain number of tickets. There are also crane-type games that allow players to use strategy to select prizes. Commissioner Goldspiel noted that in another state where he used to practice law that was defined as a gambling activity. Is there a gambling component here? Mr. Dando stated no. He stated they do not program the games in a gambling sense and it does not have a gambling feature. Every guest is awarded a ticket regardless of the result of the game or how they played. They can redeem that ticket in a tickets to prize are which is a self contained redemption center where they walk up with the ticket and insert it and the machine counts the tickets and gives them a number and then they can select a prize out of what is available in the machine. Commissioner Goldspiel asked how much it will cost to play one of these machines and what is the value of one of these tickets. Mr. Dando stated the games operate on tokens. The face value is equivalent to $0.25 and from that you can have a game that will play with one token up to perhaps 8 tokens. The value of the ticket is probably in the area of a penny per ticket. Commissioner Goldspiel asked what percentage of customers of these machines would come to the facility to use just the machines and what percentage would be there for the trampolines and the other activities. Mr. Dando stated they do not as yet have any experience with this facility but based on other locations they are coming for the activities that Xtreme Trampolines offer. It is a destination center for that and he doubts they would come there just for the games. He stated they basically feed off of the traffic that comes through the facilities. But there may be people who come for a birthday party and they had a choice between a facility that offered the games or did not offer games, they would choose this one because they get the extra benefit of having the games with the party and the trampoline feature. Commissioner Goldspiel asked if the trampoline facility has been successful so far. Mr. Beck stated it has been successful. He noted that the amusement devices are intended to serve the people who come to the trampoline facility, not people who just want to play amusement devices. Customers are processed at the main entrance to ensure that they are coming to use the trampoline facility. He noted that it's also a liability issue because if someone came just to play the coin operated machines and then they go on the trampolines without having been registered and briefed on the safety rules, they wouldn't have signed the waiver. He doesn't want this type of legal exposure. Commissioner Goldspiel asked if the drawings provided have been reviewed for compliance with the Municipal Code. Mr. Pfeil commented that the plan provided in the public hearing submittal is a conceptual layout of the amusement devices. He said that Brian Sheehan, Deputy Building Commissioner, indicated that the building permit application process will require a scaled drawing. The Deputy Fire Marshal, as well as Building and Zoning staff, would review the drawing to confirm compliance with the applicable standards of the Municipal Code. Commissioner Weinstein asked if this is a separate business operation in addition to the trampoline facility. Mr. Beck stated that is sharing the revenue generated by the games with Family Entertainment. He stated Mr. Dando's company is providing the games and sharing the revenue, not operating a separate business. Commissioner Weinstein noted the Municipal Code allows up to a maximum of 36 machines and asked if the plan is to install 36 machines. Mr. Beck stated yes. Commissioner Cohn asked what kind of gun games would be used. Mr. Dando stated every video game has a ratings label associated with it. Each category has a different level of activity. He said they have a mix of games such as shooting games that shoot game animals; other games are more like commando games and are more action-oriented. He noted they do not operate any games that have life-like violence. Commissioner Cohn asked what the names of the gun games are. Mr. Dando noted names such as A Time Crisis where anyone shot just disappears in a flash. There is a game called Big Buck Crow game where you are shooting deer or moose and such. Terminator Salvation plays off the Terminator film series where you are shooting cyborgs. Commissioner Cohn asked if parents have objected to the types of games at other places where Family Entertainment operates games, particularly in terms of violent content. Mr. Dando stated yes. He noted that they operate in many different venues. In family environments they ask their business partners about their tolerance for game content, and provide the types of games that are considered appropriate for a particular location or venue. At family water parks and similar facilities, they have had few complaints. Perhaps in a pizza place they may have someone objecting to shooting games involving animals such as deer. They haven't had many complaints about shooting games involving cyborgs. Commissioner Cohn asked Mr. Beck what his tolerance and expectations are about guns and violent games. Mr. Beck stated that he does not want high-level violent games, but they do want some gun games that don't have graphic violence. Commissioner Cohn asked if there is any guidance about such games in the Village ordinances. Mr. Pfeil indicated that the Municipal Code chapter concerning coin-operated amusement devices does not address the content of games. Commissioner Cohn asked if this has ever been an issue in prior zoning matters such as eSkape and other places. Mr. Pfeil said that eSkape and Chicago Indoor Racing are the only other facilities in the Village that have a comparable number of games to the current petition by Xtreme Trampolines. He indicated that he doesn't recall discussion of the content of the games in the special use reviews for these businesses. Commissioner Cohn asked that the petitioner use good judgment in the types of games that are offered and avoid games with violent content. This will be a benefit for the parents and children in the community. Trustee Sussman noted that in California an attempt to pass a law about controlling the content of games went to the Supreme Court, which found that the proposed controls would conflict with rights provided by the First Amendment. Mr. Jeff Stein, Village Attorney, noted that municipal regulations for this type of use have to be "content neutral" to avoid legal challenge. Commissioner Weinstein noted the games will generate tickets that the kids can exchange for products. He asked if the products are for sale as well at the counter. Mr. Dando stated that tickets and prizes are not sold. There won't be a redemption counter. The tickets would be read by a machine, and prizes would be provided by a vending machine. Trustee Stein asked if there would be someone on-site to fix broken machines or give tickets to kids if the machine breaks down. Mr. Dando stated they have a person on call at a facility in Gurnee who would service the Buffalo Grove location. Mr. Beck would call the technician and he would come immediately to service the equipment. He noted that the machines are regularly serviced and cleaned each week. Repairs are made as needed, and the merchandise and prizes are replenished. Trustee Stein noted his concern that children might have to wait for tickets or prizes until a technician is able to come to the facility to fix the equipment. Mr. Dando stated customers would be given refunds if necessary, and the on-site managers would work with customers if there are problems with tickets or prizes. If there is a ticket that should have dispensed, the machine will notify them of that and the customer would be reimbursed. If a game jams, it can't be played, so there wouldn't be an issue with dispensing tickets for that type of situation. Commissioner Goldspiel asked about the age range for people using this facility. Mr. Beck said customers range in age from 3 years to adult, but the core group is 8 to 12 years of age. There being no further comments or questions from anyone else present, Chairman Smith closed the public hearing at 7:55 pm. Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Chair Board or Commission: ❑ Plan commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 02/06/2013 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION February 6, 2013 Xtreme Trampolines, 950 Busch Parkway -Amendment of special use in the Industrial District to add coin-operated amusement devices Village Zoning Map -Annual Review Chairman Smith called the meeting to order at 7:55 pm in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Smith Mr. Khan Mr. Stark Mr. Cohn Mr. Weinstein Ms. Johnson Mr. Goldspiel Commissioners absent: Mr. Matthews Also present: Mr. Eric Beck, Xtreme Trampolines Mr. Sam Dando, Family Entertainment Group Ms. Beverly Sussman, Village Trustee Mr. Andrew Stein, Village Trustee Mr. Jeff Stein, Village Attorney Mr. Eric Yehl, Village Attorney APPROVAL OF MINUTES Moved by Commissioner Weinstein, seconded by Commissioner Khan to approve the minutes of the public hearing of December 5, 2012. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioner Cohn abstaining. Moved by Commissioner Khan, seconded by Commissioner Johnson to approve the minutes of the regular meeting of December 5, 2012. Commissioner Khan noted a correction request to page 2 to correct the name of Lisa Khan to Nisa Khan. All Commissioners were in favor of the amended motion and the motion passed unanimously with Commissioner Cohn abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Cohn attended the Village Board meeting on January 21, 2013. The petition for Xtreme Trampolines was referred to the Plan Commission. Commissioner Stark attended the Village Board meeting on February 4, 2013 at which two ordinances passed unanimously amending the Zoning Ordinance concerning sign regulations and the Sign Code concerning revisions relating to the amendments of the Zoning Ordinance. Commissioner Khan attended the Village Board meeting on January 7, 2013. The Board passed a resolution regarding medical marijuana distribution facilities. The Board may direct the Plan Commission to consider amendments to the Zoning Ordinance to regulate these facilities, but this may be deferred until the state passes legislation authorizing establishment of the facilities. XTREME TRAMPOLINES, 950 BUSCH PARKWAY -AMENDMENT OF SPECIAL USE IN THE INDUSTRIAL DISTRICT TO ADD COIN-OPERATED AMUSEMENT DEVICES Moved by Commissioner Weinstein, seconded by Commissioner Khan to recommend approval to the Village Board of the petition to amend the special use for Xtreme Trampolines to install a maximum of 36 coin-operated amusement devices, subject to compliance with Village Municipal Code and applicable permitting requirements. Commissioner Cohn asked if the motion should include a requirement that only admission paying customers can use the games. Chairman Smith and Commission Weinstein indicated that they don't think this condition is necessary. Commissioner Goldspiel stated he is concerned about the number of machines and the redemption ticket aspect which is a questionable element for him since it seems to be a form of gambling. He commented that there would be too many machines and too much temptation for patrons to play to excess to get redemption tickets. Commissioner Weinstein asked Commissioner Goldspiel if he has seen the amount of space available in the Xtreme facility. Commissioner Goldspiel said he has only seen the exterior of the facility. He noted that when you get that many machines it seems to him to be similar to a video arcade rather than being an accessory use to a recreation facility. Commissioner Weinstein stated he can attest that there is a lot of interior space that is unused by the trampoline facility, and he is somewhat surprised that more vending machines haven't been installed. He does not think that 36 amusement devices is a large number based on the available space in the facility. Commissioner Cohn agreed that there is plenty of space to accommodate 36 amusement devices. Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Khan, Stark, Cohn, Weinstein, Johnson, Smith NAYS: Goldspiel ABSENT: Matthews ABSTAIN: None The motion passed 6 to 1. VILLAGE ZONING MAP-ANNUAL REVIEW Mr. Pfeil commented that the only change to the map is the special use designation for Crown Trophy at 1340 Busch Parkway. The other zoning actions that happened during the annual period between April 1 and March 31=` do not require any changes to the map. He requested a motion by the Commission to recommend approval of the updated map to the Village Board. Moved by Commissioner Weinstein, seconded by Commissioner Goldspiel to recommend approval of the updated zoning map to the Village Board as presented with the memo dated February 1, 2013. Chairman Smith asked for a vote and all Commissioners were in favor of the motion which passed 7 to 0. CHAIRMAN'S REPORT Chairman Smith extended the Commission's thanks to Michelle Myer for her service to the Plan Commission over the past five years. FUTURE AGENDA SCHEDULE Mr. Pfeil stated there are no developer projects ready for the February 20`h agenda so the meeting will probably be canceled. March 6`h would be the next regular meeting date. PUBLIC COMMENTS AND QUESTIONS - None STAFF REPORT- None NEW BUSINESS - None ADJOURNMENT Moved by Commissioner Weinstein, seconded by Commissioner Khan and carried unanimously to adjourn. Chairman Smith adjourned the meeting at 8:05 pm. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Chair