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2023-05-15 - Ordinance 2023-064 - APPROVING A SPECIAL USE FOR 1425 BUSCH PARKWAY (2 Hours of Freedom, Inc) ORDINANCE NO. 2023-064 AN ORDINANCE APPROVING A SPECIAL USE FOR 1425 BUSCH PARKWAY VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS 2 Hours of Freedom, Inc 1425 Busch Parkwav WHEREAS,the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, 1425 Busch Parkway, Buffalo Grove, IL("Property")is a 12,594 square foot unit located in a multi-tenant building at 1405-1495 Busch Parkway in the I Industrial District and is hereinafter legally described in Exhibit A; and, WHEREAS,Van Vlissingen and Company is the owner of the Property; and, WHEREAS, 2 Hours of Freedom, Inc, ("Petitioner") has filed a petition for a Special Use in the Industrial District(I) to allow a Recreational Use; WHEREAS, the Village Planning & Zoning Commission conducted a public hearing on April 19, 2023, concerning the petition for approval of the Special Use; and, WHEREAS, the Planning & Zoning Commission made findings and determined that the petition meets the criteria for Special Uses as set forth in the Buffalo Grove Zoning Ordinance, as described in the minutes attached as Exhibit C; and, WHEREAS,the Planning&Zoning Commission voted 6 to 0 to unanimously recommend approval of the requested Special Use; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed Special Use is reasonable and will serve the best interest of the Village. WHEREAS, the proposed use shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description of the Property EXHIBIT B Plan Set EXHIBIT C Draft Minutes from the April 19, 2023, Planning &Zoning Commission Meeting 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 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 the Special Use for the Property at 1425 Busch Parkway, Buffalo Grove, Il,subject to the following conditions: 1. The Special Use is granted to 2 Hours of Freedom, Inc.to operate a Recreational Use at 1425 Busch Parkway, which shall not run with the land. 2. The Special Use granted to the 2 Hours of Freedom, Inc. 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 from and after its passage, and approval. This Ordinance shall not be codified. AYES: 6—Johnson, Cesario, Ottenheimer, Stein, Pike, Weidenfeld NAYES: 0- None ABSENT: 0- None PASSED: May 15, 2023 APPROVED: Mav 15, 2023 PUBLISHED: May 16, 2023 ATTEST: APPROVED: � � . �� - Janet . irabian, Village Clerk Eric N. Smith, ' age President : I� - -. ;;.- ,.,-� — . . - _ %�= ; . ,. . _ ..��1 l� ��. �,�,� , � < �- e. � . - ' . ..�.. ......f- ' "� . .�;� � .. ��%, �' v'J.�l. �ti� _ _ _ .� , � � /' • . .._ '•I , \.' _ 'r •� . -- � __ _- � ,��- _ .... �:= EXHIBIT A Le�al Description 2 Hours of Freedom, Inc 1425 Busch Parkway LOTS 8, 9, 10, 11, 12, 13 AND 14 IN THE CORPORATE GROVE, BEING A SUBDIVISION OF PART OF THE SOUTHWEST 1/4 OF SECTION 26 AND PART OF THE SOUTH 1/2 OF SECTION 27, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THERE RECORDED AUGUST 22, 1984 AS DOCUMENT 2305059, IN LAKE COUNTY, ILLINOIS. Street Address: 1405-1495 Busch Parkway, Buffalo Grove, Illinois PIN: 15-27-405-009 (Lot 8); 15-27-405-008 (Lot 9); 15-27-405-007 (Lot 10); 15-27-405-006 (Lot 11); 15-27-405-005 (Lot 12); 15-27-405-004 (Lot 13); 15 27-405-003 (Lot 14) EXHIBIT B Plan Set 2 Hours of Freedom, Inc 1425 Busch Parkway 2 HOURS OF FREEDOM INC. General Business Description: Our location will serve as an indoor playground and activity center geared toward providing children ages 2 to 12 years old a safe and engaging environment for play. We will also host children's birthday parties at the proposed location and will cater food and drinks from outside vendors. Additionally,we will sell juice,soft drinks, slushies, coffee, ice cream and candy onsite. Hours of Operation: The hours of operation would be from 9am to 9pm, 7 days per week. Number of Staff: We will have a minimum of 3 staff members onsite at all times. During peak hours,we will have additional staff to ensure proper supervision of the play area. Parking: With 21 spaces during non-peak hours (Monday to Friday 9-5pm)and an additional 24 spaces during peak hours (Monday to Friday 5-9pm and weekends)there will be sufFicient parking available at all times. Peak Hours: We anticipate peak hours to be on Fridays between 6pm and 9pm, Saturdays from 1pm to 9pm and Sundays between 1pm and 9pm. Follow-up questions Q- Besides birthday parties,will you have any daily programming or activities within the space? What type of programs? Will it be an open house? A—There will not be daily programming or activities. Our location will be an open house, similar to other indoor playground businesses (ie:Skyzone, Ball Factory and other indoor playgrounds). Q—Will there be any after-school classes or programming? A—No,there will not be any specific classes or programming. Q—Please confirm if children will be within the space with their parents or guardians. A—Children must visit the location accompanied by a parent or guardian. Q—To confirm,children will not be dropped off, similar to a childcare center, correct? A- Correct, children will not be dropped off,similar to a childcare center. Q—Please address how the drop-off location will work and what you envision how people will enter, use the space, and leave with the drop-off location. A—The dedicated drop-off space in the front of the location is intended to allow for parents to quickly walk their child inside the location and check-in if they are visiting for a birthday party. 2 HOURS OF FREEDOM INC. General Business Description: Our location will serve as an indoor playground and activity center geared toward providing children ages 2 to 12 years old a safe and engaging environment for play. We will also host children's birthday parties at the proposed location and will cater food and drinks from outside vendors. Additionally,we will sell juice,soft drinks,slushies, coffee, ice cream and candy onsite. Hours of Operation: The hours of operation would be from 9am to 9pm,7 days per week. Number of Staff: We will have a minimum of 3 staff members onsite at all times. During peak hours, we will have additional staff to ensure proper supervision of the play area. Parking: With 21 spaces during non-peak hours (Monday to Friday 9-5pm)and an additional 24 spaces during peak hours (Monday to Friday 5-9pm and weekends)there will be sufficient parking available at all times. Peak Hours: We anficipate peak hours to be on Fridays between 6pm and 9pm, Saturdays from ipm to 9pm and Sundays between 1pm and 9pm. 1.The special use will serve the public convenience at the location of the subiect propertv; or the establishment, maintenance or operation of the special use will not be detrimental to or endan�er the public health, safetv, morals, comfort, or�eneral welfare: Granting 2 Hours of Freedom will serve the public convenience at the location of the subject property because many of the residents of the surrounding area have young children, and by providing a business that gives them a place to entertain their children while visiting various businesses in the Buffalo Grove area. 2.The location and size of the sqecial use,the nature and intensitv of the operation involved in or conducted in connection with said special use,the size of the subiect propertv in relation to such special use, and the location of the site with respect to streets givin�access to it shall be such that it will be in harmonv with the appropriate,orderlv development of the district in which it is located: The location of the special use will not create a negative impact on the streets of the area, and shall be in harmony with the appropriate, orderly development of the district in which it is located because the proposed special use would be on a site that is accessed via Busch Parkway,which is primarily servicing commercial traffic and of significant size, it is near the intersecfion of Milwaukee Avenue and Busch Parkway, and it is located next to Sky Fitness, and Redline Athletics, which both are similar recreational uses Furthermore,the exterior of the property will be largely unchanged,so the use will not effect the orderly development of the district. 3.The special use will not be iniurious to the use and eniovment of other propertv�n the immediate vicinitv of the subject propertv for the purposes alreadv permitted in such zonin�district, nor substantiallv diminish and impair other propertv valuations with the nei�hborhood; 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. 4.The nature, location and size of the buildin�s or structures involved with the establishment of the special use will not impede,substantiallv hinder or discoura�e the development and use of adiacent land and buildin�s in accord with the zonin�district within which thev lie: The special use will not involve construction or changing the exterior or the foot print of the existing structure. 5. Adequate utilities, access roads, draina�e, and/or other necessary facilities have been or will be provided; Due to the parking already being in existence,the drainage, access roads, and other necessary facilities are already in existence.This proposed use would not require an upgrade of utilities. 6. Parkin�areas shall be of adepuate size for the particular special use,which areas shall be rp operly located and suitably screened from adioinin�residential uses, and the entrance and exit driveways to and from these parking areas shall be desi�ned so as to prevent traffic hazards, eliminate nuisance and minimize traffic con�estion in the public streets. The parking for the subject property should be of adequate size for the particular use, as the space will have 21 spaces during non-peak hours (Monday to Friday 9-5pm) and an additional 24 spaces during peak hours (Monday to Friday 5-9pm and weekends). Because children will often be dropped off by their parents,the space will not need the same level of parking that a subject property engaged in a fitness use that is frequented by adults who drive themselves would need. VI[,l.A�;l�; t)H '� .� ��'t�'�ti1 ,eE� �:�2t?�'��: ` � � AFFIDAVIT OF AUTHORIZATION Property Address: �ybS-/y95 �3u� O��u�4��cl�� 9�(lg-�LL/.vo/S Propertv Owner Name:_/_'GA �/U!/ESTi�lC7V T GD/N�� GC Property O�vner Phone:f7f�'"f(�yz3Gt� Property Owner Email: �A/ � �/1rGQ��lVl Applicant/Petitioner Name: �G�� U�� To whom it may concern: As the record owner of the above stated pruperty,I hereby aftirm that I have fiil I legal capacity to authorize J�E'FFrQ�y i�1t�� , and its representatives, to file applications for relief involving the referenced property and to act as the owner's agcnt tl�rough the development review process with the Village of Buffalo Grove Planning and Zoning Commission/Village Board. Signature: 'J Date: 3 �� '.2 .v�¢S sL�"x��7- l�qrc� �c�55�.ca6,��4u.aCo . Subscribed and sworn to before me this � day of ��u , 20 L3_ � Notar,y Public O�cial Seal Michael J Bacino Notary Pubiic State of Illinois My Commission Expirest/t�i2027 �m., r - ,Ak..�t.' . i �.� � �� `M1l '*da. . ; � . �? ,9 �,n' � � . ' 11', ° � �� $ �`` �� ' X ��G � � � -�" _ � � � �� ;. � ,.,..-._ ,��s,-,:. � � =y -.:. �� _ " �, �� ix � �; �♦ y� ��' A � �� , � .-. ..-��"` - F�., . „ � � _ � . � � s ��.�. h�� j � ;;, } ,�� .,. �M1 . �� .'�.. � .: ` � �,.. i� e* ��. 3-,`�,.y�, � . ��.-`'.., ,. . � � P�f � � �� ; � � � b § � � � ;� � _ 4 4 a . ; w `�� , � �* � m - � � �.� a � , .. a =} �-� rr _ J ;;M. L� _ �, Z � � _ .� �� ,. : � �� f £ ��w . �� '�' �� ' fz2 �k ,xs `;,��r,.. . t- . '< $ � � � i� � 1. ��' s� q 0.:. 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Proposed Signage 1425 Busch Parkway Buffalo Grove � � �� "� _ � 1405 - 1495 BUSCH PARKWAY BUFFALO GROVE, ILLINOIS MARCH 2O23 ALLOCATED STALLS NUMBER OF PARKING DEMAND PARKING DEMAND PARKING DEMAND PARKING DEMAND SUITE TENANT PER lEASE EMPLOYEES MONDAY-FRIDAY MONDAY FRIDAY SATURDAY SUNDAY 6:OOAM-S:OOPM AFTER S:OOPM 1405 ALLEN VISUAL-12,183 SF 18 25 25 0 0 0 1425 TWO HOURS OF fREEDOM 12,594 SF 21 3 21 45 45 45 PENDING. 21 UNRESERVED ASSIGNED SPACES,PLUS ADDITIONAL 24 SPACES 5PM-6AM M-F&WEEKENDS PER LEASE SEE FOOTNOTE 1435 BARRELL MAKER-9,914 SF 10 15 15 0 0 0 1445 CROSSCOM NATL-9,480 SF 10 2 2 0 0 0 1455 REDLINE ATHLETICS 12,183 SF 20 5 S 20 20 20 1465 NORTH SHORE SCHOOL DIST 15 0 0 0 0 0 STORAGE 12,723 SF 1475 VACANT -9,823 SF 16 0 16 0 0 0 1495 VACANT-9,480 SF 16 0 16 0 0 0 TOTALS 126 50 100 65 65 65 STALLS NOT USED DURING OCCUPIED HOURS 45 80 80 80 • BUILDING HAS 145 STALLS 145 • PARKING RATIO OF 1.64 STALLS PER 1,000 RENTABLE SQ. FT. • TOTAL PARKING ASSIGNED 126 • REMAINING AVAILABLE 19 FOOTNOTE PER LEASE AGREEMENT-TWO HOURS OF FREEDOM HAS BEEN GIVEN AN ADDITIONAL 24 PARKING SPACES FROM 5PM-6AM MONDAY-FRIDAY AND ON WEEKENDS. The above information contains data as provided by the applicable tenants o/[he 1405-1495 Busch Parkway Building. Van Vlissingen and Company assumes no responsibility for errors and omissions. � VAN VLISSINGEN AND CO. I)rvelopers nf corporite re.il etitr�te since 1879. One Overlook Point Linc�lnshire Corporate Center � Lincolnshire, Illinois 60069 I A�dress L��rrectiou Requested ' �— � I ,., � � b" r � I T � � +` QUSCH NP�K�PY �' c�9 v� ��V b ��y yi I � � / '� _ -i � \ •, �J � * -s �^s��F� `r�� ' �� ' rr . �a�k ��p� - 9,A�� . �� - � � ��\ °4 . , \ � � � t F. Ti�;� �� _ � ,z�e=+sa F` �oaaea VA�N� �n��' � c'vr �-� C`t � ,- '�WSVA� A`"� � ti?^� , � ��`� � o � _ �� ' p��E �, �n��u Ft _ _ / 'J � \ e?i''` � , .� - � '•� � - - , �'�, 1 �4q�n F��GE � Qc� " �'L- ' �� _ ��.�7� Rpp��OV{t5 �� Q -_ - pR M '7 � .��"� F�F 4REE�� 43�U F', r �� - `� � v,iz _ a'�' 1405-1495 Busch Parkway � `�� ; , ��' ,a35 F+ . ' pRE f�"��. — ,sa � sH The Corporate Grove ,�, �' /�� "',`��'�p' , °y' . �HootaS"2 - � Buffalo Grove, Illinois �� ` �ER 5 ,45 F� �,�y ePP y . `� � 3 Sq. ;:�. MP ��.�a � � . aEo�NE w �� r �yL�M pjN�Et�CS - r � � �� '��Q� �oaa�n9 dd : \ NP P�� _ - �� ,qa5 p,.. �-' �_ \ � g h��`'Q � � \ ti /'"'i 1 � / �,y� �'--- ` Fra`� �� \i��. TENANT 1405-1495 BUSCH PARKWAY TENANT SQUARE FEET BUSINESS TYPE 1405 ALLEN VISUAL SYSTEMS INC. 12,183 AUDIO VISUAL 1425 PROPOSED SPACE FOR 2 HOURS OF FREEDOM 12,594 1435 BARREL MAKER CLOTHING 9,914 PRINTING 1445 CROSSCOM NATIONAL LLC 9,480 STORAGE 1455 REDLINE ATHLETICS 12,183 ATHLETIC TRAINING FOR AGES 8-18 YRS OF AGE 1465 NORTHSHORE SCHOOL DISTRICT 12 12,723 EQUIPMETN STORAGE 1475 VACANT 9,g23 1495 VACANT 9,480 EXHIBIT C Minutes from the April 19, 2023, Plannin�&Zonin�Commission Meetin� 2 Hours of Freedom, Inc 1425 Busch Parkway 3.8.1 04/19/2023 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, APRIL 19, 2023 Call to Order The meeting was called to order at 7:30 PM by Commissioner Mitchell Weinstein Public Hearinqs/Items For Consideration 1. Consider a Variation for a Proposed Addition, Which Encroaches into the Rear Yard Setback at 578 Thornwood Drive. (Trustee Ottenheimer) (Staff Contact:Andrew Binder) w � Petitioners were sworn in. � � Binder, associate planner, provided background on the subject property. o � Crusius said the current deck is in need of a repair, exp/ained why it is a three-season > 0 room and not a four-season room. a a Com. Worlikar asked about the current deck. a � Binder said the deck was permitted with that setback. a 0 M Com. Worlikar commented on the structure itself. ti M Crusius said it will be in like with the neighborhood. o N Staff report entered. oi � L Closed at 7:37 PM Q- Q Com. Moodhe made a motion to grant a variation to Section 17.40.020 of the Buffalo 0 Grove Zoning Code to allow a proposed addition to encroach into the required rear yard � setback at 578 Thornwood Drive,subject to the following conditions: c � 1J The proposed addition shall be installed in accordance with the documents and plans � submitted as part of this petition. � R Com. Richards seconded the motion. Q- m � Com. Richards spoke in favor of the motion. Q � Com. Moodhe spoke in favor of the motion. ;; � RESULT: APPROVED[UNANIMOUS] � AYES: Moodhe, Spunt, Weinstein, Richards,Worlikar, Davis ABSENT: Frank Cesario, Zill Khan,Amy Au 2. Consideration of a Special Use for a Recreational Use in the Industrial District at 1425 Busch Parkway (Trustee Pike) (Staff Contact:Andrew Binder) Petitioners were sworn in. Binder, associate planner, provided background on the subject property. Com. Richards asked Binder about the prior use. Binder said it is similar. Packet Pg.21 3.6.1 04/19/2023 Anderson, owner of 2 hours of freedom,provided additional information on the indoor playground they are proposing. Com. Richards asked if there were any issues with the building owner. The owner of the building said they have no issues with the special use being proposed and look forward to the new tenant. Com. Moodhe asked if the Vil/age had received any calls. Binder said no calls. Com. Moodhe asked if it is open house. Anderson said yes. N a� .r Com. Moodhe asked if there are any interior changes that are being made. � � The owner of the building said there are no interior changes and explained the structure o of the building. He also spoke with the neighbor next-door. �o > 0 Com. Moodhe asked when they feel it will be used most. a a Anderson said probably a bit busier during the wintertime due to weather. a Com. Spunt spoke to Jumpzone. a 0 The owner of the building explained the Jumpzone is currently storage. "•'• � Com. Spunt asked about the traffic flow. o N The owner of the building explained the flow of traffic for drop off. Q; � Com. Worlikar asked for more clarification on the drop off zone. What kind of zoning will `c. the parking have? a 0 The owner of the building said there is one parking spot for the drop zone. � � � Anderson spoke to supervision of children at all times. Not a long-time parking spot. � � Com. Worlikar asked what was previously in that space and asked if anything would be hi harmful to children, � � The owner of the building said no and went over past tenants. � � Com. Spunt asked about designated areas for parents. Q � Com. Worlikar asked if they envision it will be busy in the summer. � .r _ Anderson spoke to the peak use but believes they will have a consistent. � The staff report was entered as exhibit one. The petitioners thanked the commission for their time. The public hearing closed at 7:56 PM Com. Moodhe made a motion PZC moves to make a positive recommendation to the Village Board to allow a Special Use for a Recreational Use at 1425 Busch Parkway, subject to the following conditions: 1. The Special Use is granted to 2 Hours of Freedom, LLC. to operate a Recreational Use at 1425 Busch Parkway, which shall not run with the land. Packet Pg.22 3.6.1 04/19/2023 2. The Special Use granted to the 2 Hours of Freedom, LLC. is assignable to subsequent petitioners seeking assignment of this specia/use as follows: a. Upon application of a petitioner seeking assignment of this Specia/Use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(sJ for a public hearing or may hold a public hearing at the Village Board. b. Such assignmentshall 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. Com. Richards seconded the motion. �, d � Com. Weinstein spoke in fovor of the motion. � c RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] � w AYES: Moodhe, Spunt, Weinstein, Richards, Worlikar, Davis ° ABSENT: Frank Cesario, Zill Khan, Amy Au o L Q Q Reqular Meetinq a � Other Matters for Discussion a 0 M Approval of Minutes M N O 1. Planning and Zoning Commission - Regular Meeting -Apr 4, 2023 7:30 PM `" ai � RESULT: ACCEPTED [5 TO 0] Q AYES: Moodhe, Spunt, Weinstein, Richards, Davis Q ABSTAIN: Neil Worlikar o ABSENT: Frank Cesario, Zill Khan,Amy Au � � � c Chairman's Report � a� Committee and Liaison Reports c � � a Staff ReportlFuture Aqenda Schedule °; U Q Purvis, Deputy Community Development Director, provided details on future agenda schedule � items. � c � Public Comments and Questions Adiournment The meeting was adjourned at 8:05 PM Action Items Kelly Purvis Packet Pg. 23 3.8.1 04/19/2023 APPROVED BY ME THIS 19th DAY OF April , 2023 � d � � c � w 0 ia > O L � a a � a 0 M ti M N O N � � L a Q w 0 � a� � � _ � ci � c R � a a� � U Q N � � 3 C � Packet Pg.24