Loading...
2007-077After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 12/3/2007 ORDINANCE NO. 2007 - 77 AN ORDINANCE AMENDING A SPECIAL USE IN THE R -7 DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Congregation B'nai Shalom 701 Aptakisic Road Approval of Yachad Kids Academy, Inc. child day care facility 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 R -7 Dwelling District with a special use for a place of worship as granted by Village Ordinance No. 86 -55; and, WHEREAS, the Congregation B'nai Shalom is the Owner of the Property; and, WHEREAS, Lev Treybas, doing business as Yachad Kids Academy, Inc. (hereinafter sometimes referred to as the "Petitioner ") proposes to lease space within the building on the Property to operate a child day care facility; and, WHEREAS, Owner has petitioned for an amendment of Ordinance No. 86 -55 to allow the operation of a child day care facility; and, WHEREAS, the Petitioner proposes to use the Property pursuant to the following exhibits that are attached hereto and made a part hereof. EXHIBIT A Legal Description EXHIBIT B Petitioner & Owner Acceptance and Agreement 2 • EXHIBIT C Summary of proposed numbers of classrooms, teachers and children and projected vehicular traffic EXHIBIT D Proposed Child Care Center Information (Overall floor plan) EXHIBIT E Proposed Child Care Facility (floor plan) EXHIBIT F Future Classroom 1 and Serving Room 2 (floor plan) EXHIBIT G Future Classrooms 3 & 4 (floor plan) EXHIBIT H Future Classrooms 5 & 6 ( floor plan) EXHIBIT I Future Classrooms 7 & 8 (floor plan) EXHIBIT J Restroom Facilities WHEREAS, notice of the public hearing concerning the petition for amendment of the special use was given and the public hearing was held on November 7, 2007 by the Buffalo Grove Plan Commission; and, WHEREAS., based on the testimony and evidence presented at the public hearing, the Plan Commission made the following findings: 1. The principal use of the Property will continue to be a place of worship. 2. The Property will continue to be occupied by Congregation B'nai Shalom or entities directly related to the Congregation. 3. The plans approved by Ordinance No. 86 -55 contemplated educational uses in the building in addition to the place of worship. 4. The proposed child day care facility can be adequately accommodated by the current building, the current parking lot, and the outdoor play area on the Property. 5. The Petitioner has presented a detailed business plan describing the projected number of teachers and the number of children who would be served by the facility. 6. The child day care facility will serve the public convenience by providing a service desired and needed by residents in the community. • 3 • 7. Uses at the Property will not be detrimental to the public health, safety, morals, comfort, or general welfare. 8. The approval of the special use will be in harmony with the adjacent neighborhoods and surrounding properties because the uses at the facility will have minimal impact in terms of traffic and noise or other nuisances. 9. The facility will not be injurious to the use and enjoyment of properties in the immediate vicinity nor will it substantially diminish or impair the valuations of nearby properties because the exterior of the building and the Property will remain virtually unchanged by the special use, and the use of the facility will be compatible with the existing adjacent neighborhoods. 10. The facility will not impede, substantially hinder, or discourage the development and use of adjoining properties. 11. The facility will continue to have adequate utilities, road access, drainage, and other necessary utilities. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Plan Commission determined that the criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Plan Commission voted 9 to 0 to recommend approval of an amendment to the special use to allow the operation of a child day care facility; and, WHEREAS, the President and Board of Trustees, having considered the Plan Commission's recommendation, have determined that granting an amendment of the special use for operation of the child day care facility subject to the terms and conditions of this Ordinance, is in the best interests of the Village and its residents. 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. O 4 • Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amendment of the special use granted by Village Ordinance No. 86 -55 to allow the operation of a child day care facility pursuant to Section 17.40.030.B.14.b. of the Buffalo Grove Zoning Ordinance, and pursuant to Exhibits C through J attached hereto for the Property legally described in Exhibit A attached hereto, subject to the conditions set forth herein. Section 3. The special use is subject to the following conditions: A. Use. The principal use of the Property shall continue to be a place of worship, and the Property shall continue to be occupied by Congregation B'nai Shalom. B. Hours of operation. The child day care facility shall operate no earlier than 6:00 a.m. and no later than 10:00 p.m., and shall operate only on weekdays, Monday through Friday. Modification of said hours and days of operation is subject to approval by the Village. C. Compliance with Village Codes. The child day care facility is subject to compliance with applicable Village codes as determined by the Village Health Officer. and Deputy Fire Marshal. D. Parkin lot of improvements. The Petitioner shall document that the parking . spaces on the Property are in compliance with applicable regulations concerning the amount and location of accessible parking for handicapped persons. If modifications are necessary to achieve compliance with applicable regulations, said modifications shall be completed prior to issuance of a certificate of occupancy for the child day care facility. E. Operation, Management and Security Plan. The Petitioner shall be responsible for providing adequate security at all times on the Property when the child day care facility is being operated. The Petitioner shall provide a management plan to the Village concerning the operation, management and security for the facility, and said plan is subject to Village approval prior to issuance of a certificate of occupancy. F. Signage. All signs are subject to the Village Sign Code. G. Approvals by other agencies. Petitioner shall provide to the Village a copy of any licenses or approvals required by the state or any other agency prior to operation of the child day care facility. The special use granted by this Ordinance shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked. The special use granted by this Ordinance 5 shall automatically be suspended if the license issued by the Illinois DCFS is suspended. H. This special use for a child day care facility is only granted to Yachad Kids Academy, Inc. and only so long as Lev Treybas is manager and operator of said facility. This special use for a child day care facility does not run with the land, unless otherwise approved by the Village. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval, subject to the execution by the Owner and Petitioner of the Acceptance and Agreement attached hereto as Exhibit B, incorporated herein and made a part hereof and the filing of said Agreement and Consent Form with the Village. This Ordinance shall not be codified. AYES: 5 — Braiman Glover, Berman, Kahn, Trilling NAYS: 0 — None ABSENT: 1 — Rubin PASSED: December 3, 2007 APPROVED: December 3, 2007 ATTEST: "—Village Clerk 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 Elliott Hartstein, Village President 6 EXHIBIT A Congregation B'nai Shalom 701 Aptakisic Road Lot 1, B'Nai Subdivision, being a subdivision in part of the north' /2 of the northeast' /4 of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 701 Aptakisic Road, Buffalo Grove, IL PIN: 15 -29- 214 -047 EXHIBIT B Yachad Kids Academy, Inc. child day care facility Congregation B'nai Shalom 701 Aptakisic Road Petitioner Acceptance and Agreement concerning Special Use ordinance Yachad Kids Academy, Inc. and Congregation B'nai Shalom do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2007- 77 duly passed and approved by the Village of Buffalo Grove, IL approving the amended Special Use set forth in said Ordinance. The undersigned acknowledge that they have read and understand all of the terms and provisions of said Buffalo Grove Ordinance No. 2007 -77, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Yachad Kids Academy, Inc. Its Congregation B'nai Shalom By:_. r 7 EXHIBIT B Yachad Kids Academy, Inc. child day care facility Congregation B'nai Shalom 701 Aptakisic Road Petitioner Acceptance and Agreement concerning Special Use ordinance Yachad Kids Academy, Inc. and Congregation B'nai Shalom do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2007- 77 duly passed and approved by the Village of Buffalo Grove, IL approving the amended Special Use set forth in said Ordinance. The undersigned acknowledge that they have read and understand all of the terms and provisions of said Buffalo Grove Ordinance No. 2007 -77, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Yachad Kids Academy, Inc. .L�LL.�� Its �� 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 December 3, 2007, the Corporate Authorities of the Village passed and approved Ordinance No. 2007 -77 entitled: AN ORDINANCE APPROVING AN AMENDMENT OF THE SPECIAL USE FOR CONGREGATION B'NAI SHALOM, 701 APTAKISIC RD. CONCERNING THEOPERATION OF A CHILD DAY CARE FACILITY, provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance, No. 2007 -77, including the 'Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall commencing on December 4, 2007 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 4th day of December 4, 2007. Villag lerk By a After recording mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo'Grove, IL 60089 12/3/2007 ORDINANCE NO. 2007 - 77 AN ORDINANCE AMENDING A SPECIAL USE IN THE R -7 DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Congregation B'nai Shalom 701 Aptakisic Road Approval of Yachad Kids Academy, Inc. child day tare facility 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 R -7 Dwelling District with a special use for a place of worship as granted by Village Ordinance No. 86 -55; and, WHEREAS, the Congregation B'nai Shalom is the Owner of the Property; and, WHEREAS, Lev Treybas, doing business as Yachad Kids Academy, Inc. (hereinafter sometimes referred to as the "Petitioner ") proposes to lease space within the building on the Property to operate a child day care facility; and, WHEREAS, Owner has petitioned for an amendment of Ordinance No. 86 -55 to allow the operation of a child day care facility; and, WHEREAS, the Petitioner proposes to use the Property pursuant to the following exhibits that are attached hereto and made a part hereof: EXHIBIT A Legal Description EXHIBIT B Petitioner & Owner Acceptance and Agreement 2 EXHIBIT C Summary of proposed numbers of classrooms, teachers and children and projected vehicular traffic EXHIBIT D Proposed Child Care Center Information (Overall floor plan) EXHIBIT E Proposed Child Care Facility (floor plan) EXHIBIT F Future Classroom 1 and Serving Room 2 (floor plan) EXHIBIT G Future Classrooms 3 & 4 (floor plan) EXHIBIT H Future Classrooms 5 & 6 ( floor plan) EXHIBIT I Future Classrooms 7 & 8 (floor plan) EXHIBIT J Restroom Facilities WHEREAS, notice of the public hearing concerning the petition for amendment of the special use was given and the public hearing was held on November 7, 2007 by the Buffalo Grove Plan Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Plan Commission made the following findings: 1. The principal use of the Property will continue to be a place of worship. 2. The Property will continue to be occupied by Congregation B'nai Shalom or entities directly related to the Congregation. 3. The plans approved by Ordinance No. 86 -55 contemplated educational uses in the building in addition to the place of worship. 4. The proposed child day care facility can be adequately accommodated by the current building, the current parking lot, and the outdoor play area on the Property. 5. The Petitioner has presented a detailed business plan describing the projected number of teachers and the number of children who would be served by the facility. 6. The child day care facility will serve the public convenience by providing a service desired and needed by residents in the community. 3 7. Uses at the Property will not be detrimental to the public health, safety, morals, comfort, or general welfare. 8. The approval of the special use will be in harmony with the adjacent neighborhoods and surrounding properties because the uses at the facility will have minimal impact in terms of traffic and noise or other nuisances. 9. The facility will not be injurious to the use and enjoyment of properties in the immediate vicinity nor will it substantially diminish or impair the valuations of nearby properties because the exterior of the building and the Property will remain virtually unchanged by the special use, and the use of the facility will be compatible with the existing adjacent neighborhoods. 10. The facility will not impede, substantially hinder, or discourage the development and use of adjoining properties. 11. The facility will continue to have adequate utilities, road access, drainage, and other necessary utilities. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Plan Commission determined that the criteria for a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Plan Commission voted 9 to 0 to recommend approval of an amendment to the special use to allow the operation of a child day care facility; and, WHEREAS, the President and Board of Trustees, having considered the Plan Commission's recommendation, have determined that granting an amendment of the special use for operation of the child day care facility subject to the terms and conditions of this Ordinance, is in the best interests of the Village and its residents. 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. a] Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving an amendment of the special use granted by Village Ordinance No. 86 -55 to allow the operation of a child day care facility pursuant to Section 17.40.030.B.14.b. of the Buffalo Grove Zoning Ordinance, and pursuant to Exhibits C through J attached hereto for the Property legally described in Exhibit A attached hereto, subject to the conditions set forth herein. Section 3. The special use is subject to the following conditions: A. Use. The principal use of the Property shall continue to be a place of worship, and the Property shall continue to be occupied by Congregation B'nai Shalom. B. Hours of operation. The child day care facility shall operate no earlier than 6:00 a.m. and no later than 10:00 p.m., and shall operate only on weekdays, Monday through Friday. Modification of said hours and days of operation is subject to approval by the Village. C.. Compliance with Village Codes. The child day care facility is subject to compliance with applicable Village codes as determined by the Village Health Officer. and Deputy Fire Marshal. D. Parking lot improvements. The Petitioner shall document that the parking spaces on the Property are in compliance with applicable regulations concerning the amount and location of accessible parking for handicapped persons. If modifications are necessary to achieve compliance with applicable regulations, said modifications shall be completed prior to issuance of a certificate of occupancy for the child day care facility. E. Operation Management and Security. The Petitioner shall be responsible for providing adequate security at all times on the Property when the child day care facility is being operated. The Petitioner shall provide a management plan to the Village concerning the operation, management and security for the facility, and said plan is subject to Village approval prior to issuance of a certificate of occupancy. F. Signage. All signs are subject to the Village Sign Code. G. Approvals by other agencies. Petitioner shall provide to the Village a copy of any licenses or approvals required by the state or any other agency prior to operation of the child day care facility. The special use granted by this Ordinance shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked. The special use granted by this Ordinance 1 5 shall automatically be suspended if the license issued by the Illinois DCFS is suspended. H. This special use for a child day care facility is only granted to Yachad Kids Academy, Inc. and only so long as Lev Treybas is manager and operator of said facility. This special use for a child day care facility does not run with the land, unless otherwise approved by the Village. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval, subject to the execution by the Owner and Petitioner of the Acceptance and Agreement attached hereto as Exhibit B, incorporated herein and made a part hereof and the filing of said Agreement and Consent Form with the Village. This Ordinance shall not be codified. AYES: 5 — Braiman Glover Berman Kahn, Trilling NAYS: 0 — None ABSENT: 1— Rubin PASSED: December 3, 2007 APPROVED: December 31 2007 . ATTEST: illage Clerk 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 Elliott Hartstein, Village President EXHIBIT A Congregation B'nai Shalom 701 Aptakisic Road Lot 1, B'Nai Subdivision, being a subdivision in part of the north' /2 of the northeast' /4 of Section 29, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 701 Aptakisic Road, Buffalo Grove, IL PIN: 15 -29- 214 -047 t Li 7 EXHIBIT B Yachad Kids Academy, Inc. child day care facility Congregation B'nai Shalom 701 Aptakisic Road Petitioner Acceptance and Agreement concerning Special Use ordinance Yachad Kids Academy, Inc. and Congregation B'nai Shalom do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2007- 77 duly passed and approved by the Village of Buffalo Grove, IL approving the amended Special Use set forth in said Ordinance. The undersigned acknowledge that they have read and understand all'of the terms and provisions of said Buffalo Grove Ordinance No. 2007 -77, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Yachad Kids Academy, Inc. IM Its Congregation B'nai Shalom Its 7 EXHIBIT B Yachad Kids Academy, Inc. child day care facility Congregation B'nai Shalom 701 Aptakisic Road Petitioner Acceptance and Agreement concerning Special Use ordinance Yachad Kids Academy, Inc. and Congregation B'nai Shalom do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2007- 77 duly passed and approved by the Village of Buffalo Grove, IL approving the amended Special Use set forth in said Ordinance. The undersigned acknowledge that they have read and understand all of the terms and provisions of said Buffalo Grove Ordinance No. 2007 -77, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Yachad Kids Academy, Inc. B Y• Its Congregation B' i Shalom By. � , Its ;1"