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2009-0914 12/21/2009 ORDINANCE NO. 2009 — 91 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Kids and Co. Indoor Play Center 1425 Busch Parkway Corporate Grove Business Park 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 pursuant to Ordinance No. 84 --40; and, WHEREAS, C.G.A. Investment Co., LLC is the owner of the Property; and, . WHEREAS, Enrichment Enterprises, Inc. (hereinafter referred to as the "Petitioner ") proposes to lease a space of 12,594 square feet at 1425 Busch Parkway for the purpose of operating an indoor play center for children, and; WHEREAS, Petitioner has represented that the hours of operation and services offered will be as follows: Hours of eration: 9:00 a.m. to 6:00 p.m. Monday through Friday; 10:00 a.m. to 6:00 p.m. Saturday; and 12:00 p.m. to 5:00 p.m. Sunday. Services Offered: 1. Weekly classes in art, music, and gymnastics for ages 1 through 5, which require parent participation and/or parent (or guardian) presence on the site, along with periodic story times and similar activities totaling no more than two hours per day and no more than 10 hours in a seven day week; 2 2. After — school fitness and art classes lasting up to two hours, and totaling no more than 10 hours in a seven day week; 3. Birthday parties and other private parties. WHEREAS, said play center is a recreational facility requiring 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 Site plan depicting building and tenant spaces, 1405 -1495 Busch Parkway by Van Vlissingen and Co. EXHIBIT D Project narrative titled Review of Proposed Indoor Play Center, dated November 18, 2009 and Addendum submitted December 8, 2009 WHEREAS,,notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, 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 development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the 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 play center for children pursuant to Exhibits C and o • 3 D for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Enrichment Enterprises, Inc. executes a lease for the space at 1425 Busch Parkway, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by January 15, 2010, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to Enrichment Enterprises, Inc., does not run with the land, and is not assignable. If more than fifty (50) percent of the stock or ownership of Enrichment Enterprises, Inc. is sold or transferred, the special use is terminated. D. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 30, 2009. E. The facility shall be used for indoor play activities for children as represented in the Exhibits hereto presented by the Petitioner. F. The Petitioner shall provide written documentation from the Illinois Department of Children and Family Services (IL DCFS) with a determination concerning the requirement for licensing by IL DCFS for the proposed play center. Said written documentation shall be provided prior to issuance of a certificate of occupancy by the Village. G. In the event that IL DCFS determines that licensing is required, Petitioner shall modify the facility as necessary to comply with applicable state requirements and Village codes. Petitioner shall obtain permits from the Village as necessary to comply with state requirements or Village codes. H. In the event that IL DCFS requirements have the effect of requiring substantive modifications (as determined by the Village in its sole discretion) of the uses at the facility as represented in Exhibit D hereto, Petitioner shall apply for amendment of the special use approved by this Ordinance at the direction of the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. 4 AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: December 21, 2009 APPROVED: December 21, 2009 ATTEST: .cam �i illage Clerk APPROVED: ELLIOTT HARTSTEIN, Village President 0 5 EXHIBIT A Legal Description Enrichment Enterprises, Inc. Kids and Co. Indoor Play Center 1425 Busch Parkway Corporate Grove Business Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 8, 9,10,11, 12,13 and 14 in the Corporate Grove, being a subdivision of part of the southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document 2305059 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: I 1425 Busch Parkway, Buffalo Grove, IL 9 ti STATE OF ILLINOIS) ss. COUNTY OF COOK 1 CERTIFICATE VillaAe/Clerk By 12/21/2009 ORDINANCE NO. 2009 — 91 AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Kids and Co. Indoor Play Center 1425 Busch Parkway Corporate Grove Business Park 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 pursuant to Ordinance No. 84-40; and, WHEREAS, C.G.A. Investment Co., LLC is the owner of the Property; and, WHEREAS, Enrichment Enterprises, Inc. (hereinafter referred to as the "Petitioner ") proposes to lease a space of 12,594 square feet at 1425 Busch Parkway for the purpose of operating an indoor play center for children, and; WHEREAS, Petitioner has represented that the hours of operation and services offered will be as follows: Hours of Operation: 9:00 a.m. to 6:00 p.m. Monday through Friday; 10:00 a.m. to 6:00 p.m. Saturday; and 12:00 p.m. to 5:00 p.m. Sunday. Services Offered: 1. Weekly classes in art, music, and gymnastics for ages 1 through 5, which require parent participation and /or parent (or guardian) presence on the site, along with periodic story times and similar activities totaling no more than two hours per day and no more than 10 hours in a seven day week; s 2. After — school fitness and art classes lasting up to two hours, and totaling no more than 10 hours in a seven day week; 3. Birthday parties and other private parties. WHEREAS, said play center is a recreational facility requiring 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 Site plan depicting building and tenant spaces, 1405 -1495 Busch Parkway by Van Vlissingen and Co. EXHIBIT D Project narrative titled Review of Proposed Indoor Play Center, dated November 18, 2009 and Addendum submitted December 8, 2009 WHEREAS, notice of the public hearing concerning the petition for approval of the special use was given and the public hearing was held by the Buffalo Grove Plan Commission; and, WHEREAS, 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 development of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the 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 play center for children pursuant to Exhibits C and 3 D for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use zoning approval does not become effective until Enrichment Enterprises, Inc. executes a lease for the space at 1425 Busch Parkway, and provides a copy of said fully executed lease to the Village. B. If said fully executed lease is not provided to the Village by January 15, 2010, the Village may, in its sole discretion, void the special use approval. C. The special use is granted to Enrichment Enterprises, Inc., does not run with the land, and is not assignable. If more than fifty (50) percent of the stock or ownership of Enrichment Enterprises, Inc. is sold or transferred, the special use is terminated. D. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by December 30, 2009. E. The facility shall be used for indoor play activities for children as represented in the Exhibits hereto presented by the Petitioner. F. The Petitioner shall provide written documentation from the Illinois Department of Children and Family Services (IL DCFS) with a determination concerning the requirement for licensing by IL DCFS for the proposed play center. Said written documentation shall be provided prior to issuance of a certificate of occupancy by the Village. G. In the event that IL DCFS determines that licensing is required, Petitioner shall modify the facility as necessary to comply with applicable state requirements and Village codes. Petitioner shall obtain permits from the Village as necessary to comply with state requirements or Village codes. H. In the event that IL DCFS requirements have the effect of requiring substantive modifications (as determined by the Village in its sole discretion) of the uses at the facility as represented in Exhibit D hereto, Petitioner shall apply for amendment of the special use approved by this Ordinance at the direction of the Village. Section 3. This Ordinance shall be in full force and effect upon the submittal of the fully executed lease and the executed Petitioner's Acceptance and Agreement as set forth in Section 2 of this Ordinance. This Ordinance shall not be codified. 2 AYES: 6 — Braiman Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: December 21, 2009 ATTEST: illage Clerk APPROVED: December 21, 2009 APPROVED: ELLIOTT HARTSTEIN, Village President 5 EXHIBIT A Legal Description Enrichment Enterprises, Inc. Kids and Co. Indoor Play Center 1425 Busch Parkway Corporate Grove Business Park SUBJECT PROPERTY LEGAL DESCRIPTION: Lots 8, 9,10,11,12,13 and 14 in the Corporate Grove, being a subdivision of part of the southwest quarter of Section 26 and part of the south half of Section 27, Township 43 North, Range 11 East of the Third Principal Meridian according to the plat thereof recorded August 22, 1984 as Document 2305059 in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1425 Busch Parkway, Buffalo Grove, IL Ida EXHIBIT B n unde is ted Owner acino rledge.S that it bias read and understands all cif Oic terms and Provisions of said Buffalo Grove,:Ord%nanceNo. 20,941. 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