ORDINANCE NO. 2003 - 49
AN ORDINANCE GRANTING SPECIAL USE PERMIT APPROVAL TO ALLOW Whirly North, Inc.
FOR PROPERTY LOCATED AT 285
CENTER DRIVE
IN THE VILLAGE
OF VERNON HILLS, LAKE COUNTY.
WHEREAS, Whirly North, Inc. in regard to 285 Center Drive, said property legally described in Exhibit A, has petitioned the
Village of Vernon Hills to grant approval of a special use permit for an "Amusement, Recreation and Training
Facility with alcohol"
WHEREAS, said approval will allow Whirly North, Inc. to operate the Whirlyball
facility at the proposed location; and
WHEREAS, upon due notice and after
public hearings held June 18, 2003 and continued from time to time by the
Planning and Zoning Commission of the Village of Vernon Hills, pursuant to the
Vernon Hills Zoning Ordinance of 1982, as amended, said Planning and Zoning
Commission has filed its report concerning said petition and recommended
approval of the special use permit to allow approval of the special use permit for an "Amusement, Recreation
and Training Facility with alcohol" to allow Whirly North, Inc. to operate
the Whirlyball facility at the proposed location, subject to certain
conditions; and
WHEREAS, based upon the evidence adduced at said hearings and in
their application, the petitioner has entered into the record evidence and
findings of fact that addresses the conditions in Section 18.3.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF VERNON HILLS, COUNTY OF LAKE AND STATE
OF ILLINOIS:
SECTION I. Pursuant to the Vernon Hills Zoning
Ordinance of 1982, as amended, the
special use permit for an "Amusement, Recreation and Training Facility
with alcohol" to allow Whirly North, Inc. to operate the Whirlyball
facility at the proposed location as described in Exhibit A, is hereby granted, subject to the following conditions:
a)
Annual written
verification that the lease for additional parking is valid.
b)
Compliance with
the information submitted in the “Whirlyball” document dated June 25, 2003 and
attached as Exhibit B.
c)
Compliance with
the site plan dated 12/26/02 and elevations and floor plans dated 2/25/03 as
prepared by McAlpine Architects, Inc as setforth in Exhibit B.
d)
Compliance with
"Responses to Staff Comments for Whirlyball" document and exhibits
dated May 13, 2003 as setforth in Exhibit B.
e)
Submittal of final site,
landscape, architectural and engineering plans resolving any outstanding
development standard or site plan issues.
f)
In addition to
the conditions listed herein, compliance with the conditions set forth in the
draft ordinance granting a special use permit found in Exhibit B.
g)
Granting of
certain variations regarding parking and building setback consistent with the
site plan as specified above.
h)
Compliance with
ordinances and standards of the Village unless otherwise set forth herein,
including the lighting ordinance.
i)
Hard surface
pathway to the Hamilton Partners property with adequate lighting for safety.
j)
Periodic review of operations
by the Village Board to minimize any negative impacts upon neighboring
property.
k)
Title to the subject property
being taken by Whirly North, Inc. within one year from date of approval.
l)
Hours of operation shall be
any time of day, 365 days per year, EXCEPT:
(1) On Sunday, between 2:00 am.
And 9:00 am.
(2) On Saturdays; on New Year’s
Day; and on the day after St. Patrick’s Day, Memorial Day, Labor Day and the 4th
of July; between the hours of 2:00 am. and 6:00 am., and
(3) On all other days, between the hours of
1:00 am. and 6:00 am.
(4)
“Lock in”
events will be allowed on a 24 hour per day basis on any day of the year, as
long as there is no liquor pouring during the times provided in items A through
C above.
l) Bar service shall be offered only in conjunction with participation in the principal amusement uses (WhirlyBall, laser tag and wall climbing), and use of the bar will not be offered to the general public on a walk in basis, unless walk in patrons also participate in unscheduled principal amusement uses.
m) This special use approval shall authorize, in addition to the matters shown on the plans but not by way of limitation: Operation of 2 WhirlyBall Arenas (more fully described in petitioner’s narrative file in conjunction herewith); a climbing wall; a laser tag area; operation of a bar area (upon issuance of a liquor pouring license pursuant to a separate petition); food service (the building already contains a kitchen); meeting rooms for each arena for organizing WhirlyBall participants, corporate meetings and for birthdays and other celebrations; pool and air hockey tables and similar amusement devices; television screens; and video games.
n)
This use special permit is
conditioned upon compliance with all Village ordinances (except as modified
hereby), and shall terminate and be of no further force or effect in the event
of a violation from said regulations, or a violation of any other applicable
ordinance of the Village.
m)
The owner of
Whirlyball will provide to the Village monthly parking counts for its lot and
the additional leased spaces for a period of two (2) years. The Village will review the count numbers to
assess the parking needs for the use and how the owner is addressing it. If it is found that the parking is
insufficient or causes a public safety or convenience issue, the Village may
require additional parking to be provided.
If a notice of insufficient parking is received by Whirlyball from the
Village and such additional parking is not secured within 30 days after such
notice, the owner of Whirlyball shall appear before the Village Board within
the following 30 days to present its plans to secure an alternative site for
the additional leased spaces. Failure
to appear may result in the revocation of the special use permit by the Village
Board.
n)
If the use of
the building is changed on the property, the special use permit will lapse and
the Village Board will review and approve any new use prior to
re-occupancy. Parking requirements will
be reviewed against the then current Zoning Ordinance. If additional parking is needed, it shall be
either obtained or the Village may deny re-occupancy in whole or in part of the
building.
o)
The owner of
Whirlyball shall provide signed copies of the parking lease agreement. The lease shall include a provision, which
requires that the Village of Vernon Hills be notified 60 days prior to
termination of the lease.
p)
This ordinance
approving Whirlyball and including the specific conditions, shall be recorded
against the property. If the ownership
of the property changes, the new owner shall be disclosed to the Village. In addition, evidence shall be provided that
the parking lease shall still be in effect.
q)
The parking
lease agreement shall either not be terminated during the length of the special
use permit or the special use permit ordinance shall provide that, if notice of
termination is received by the Village, the owner of Whirlyball shall appear
before the Village Board within 30 days of receipt of said notice to present
their plans to secure an alternative site for the additional leased spaces. Failure to appear may result in the
revocation of the special use permit by the Village Board.
SECTION II. SEVERABILITY. In the event that any section, clause, provision, or part
of this ordinance shall be found and determined to be invalid by a court of
competent jurisdiction, all valid parts that are severable from the invalid
parts shall remain in full force and effect.
If any part of this ordinance is found to be invalid in any one or more
of its several applications, all valid applications that are severable from the
invalid applications shall remain in effect.
SECTION III. REPEAL AND SAVINGS CLAUSE. All ordinances or
parts of ordinances in conflict herewith are hereby repealed; provided,
however, that nothing herein contained shall affect any rights, actions or
causes of action which shall have accrued to the Village of Vernon Hills prior
to the effective date of this ordinance.
SECTION IV. EFFECTIVE DATE. This ordinance shall
be in full force and effect from and after its passage, approval and
publication as provided by law.
SECTION V. ORDINANCE
NUMBER. This ordinance shall be known
as Ordinance Number 2003-49.
Adopted by roll call vote as follows:
AYES:
NAYS:
ABSENT AND NOT VOTING:
_________________________
Roger L. Byrne
Village President
PASSED: _____________________________________
APPROVED: __________________________________
PUBLISHED IN PAMPHLET FORM: ______________
ATTEST:
_________________________
Jeanne M. Schwartz
Village Clerk