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2010-014e 3/02/2010 E ORDINANCE 2010 - 14 AN ORDINANCE AMENDING 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 .1970 Constitution of the State of Illinois; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove enacted Village Ordinance No. 2009 -91 approving a special use in the Industrial District to allow for Kids. and Co. Indoor Play Center at 1425 Busch Parkway in the Corporate Grove Business Park (identified as the "Property" in Ordinance No., 2009 -91); and WHEREAS, the special use for operation of an indoor play center for children is subject to several conditions, including but not limited to, 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 (Section 2.F. of Ordinance No. 2009 -91); and WHEREAS, IL DCFS has not provided a written decision concerning the requirement for licensing of the special use by IL DCFS; and WHEREAS, Enrichment Enterprises, Inc. (hereinafter referred to as the "Petitioner") proposes that the Village grant temporary approval for occupancy of the Property provided that parents are present at all times when their children are at the Property, thus complying with the exemption requirement of the Child Care Act; and WHEREAS, if parents are present at all times the children are on site, the facility would be exempt from the requirements of the Child Care Act as the facility would not meet the definition of either a "Facility for Child Care" or a "Day Care Center" (225 ILCS 10/2.05 and 225 ILCS 10/2.09); and WHEREAS, the Village Board has determined that it is in the best interest of the Village of Buffalo Grove to grant a temporary approval to allow the special use to operate on the Property until IL DCFS makes a determination of licensing for Kids and Co. Indoor Play Center or the expiration of this Ordinance, whichever first occurs. 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 incorporated herein. Section 2. The Petitioner is hereby granted temporary approval to conduct the special use on the Property, subject to the following conditions: A. The Petitioner shall require that parents and /or guardians shall be present at all times when their children are participating in classes and programs by Kids and Co. Indoor Play Center at 1425 Busch Parkway. B. Except for the requirement in Section 2.F., the special use shall in all other respects comply with the requirements set forth in Village Ordinance No. 2009 -91. C. Any member (or designee) of the Buffalo Grove Building Department shall have the right to enter any portion of the Property to determine if any and all activities are being conducted in compliance with the Buffalo Grove Municipal Code, this Ordinance and village Ordinance No. 2009 -91. D.; Enrichment Enterprises, Inc., Petitioner, and C.G.A. Investment Co., ;LLC, owner of the Property, shall provide written documentation acknowledging and accepting the terms and conditions set forth herein. Section 3. This Ordinance shall be effective until June 7, 2010 unless extended by action of the Corporate Authorities. This Ordinance shall not be codified. Section 4. Any violation of the terms and conditions of this Ordinance as determined by the Village Manager or designee shall result in the immediate termination of the allowance granted herein and thereafter the requirements set forth in Village Ordinance No. 2009 -91 shall be in full force and effect. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 - None PASSED: March 8 , 2010 APPROVED: March 8 , 2010 ATTEST: Janet Sirabian, Village Clerk Elliott Hartstein, Village President 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, March 08, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -14, AN ORDINANCE AMENDING 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 provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2010 -14, 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 March 08, 2010 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 8TH day of March, 2010. aa-4� V' 1 e Clerk �o ' C�! By 3/02/2010 ORDINANCE 2010 -14 AN ORDINANCE AMENDING 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 .1970 Constitution of the State of Illinois; and, WHEREAS, the Corporate Authorities of the Village of Buffalo Grove enacted Village Ordinance No. 2009 -91 approving a special use in the Industrial District to allow for Kids and Co. Indoor Play Center at 1425 Busch Parkway in the Corporate Grove Business Park (identified as the "Property" in Ordinance No. 2009 -91); and WHEREAS, the special use for operation of an indoor play center for children is subject to several conditions, including but not limited to, 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 (Section 2.17. of Ordinance No. 2009 -91); and WHEREAS, IL DCFS has not provided a written decision concerning the requirement for licensing of the special use by IL DCFS; and WHEREAS, Enrichment Enterprises, Inc. (hereinafter referred to as the "Petitioner') proposes that the Village grant temporary approval for occupancy of the Property provided that parents a, -� present at all times when their children are at the Property, thus complying v ith the exemption requirement of the Child Care Act; and WHEREAS, if parents are present at all times the children are on site, the facility would be exempt from the requirements of the Child Care Act as the facility would not meet the definition of either a "Facility for Child Care" or a "Day Care Center' (225 ILCS 10/2.05 and 225 ILCS 10/2.09); and WHEREAS, the Village Board has determined that it is in the best interest of the Village of Buffalo Grove to grant a temporary approval to allow the special use to operate on the Property until IL DCFS makes a determination of licensing for Kids and Co. Indoor Play Center or the expiration of this Ordinance, whichever first occurs. 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 incorporated herein. Section 2. The Petitioner is hereby granted temporary approval to conduct the special use on the Property, subject to the following conditions: A. The Petitioner shall require that parents and /or guardians shall be present at all times when their children are participating in classes and programs by Kids and Co. Indoor Play Center at 1425 Busch Parkway. B. Except for the requirement in Section 2.F., the special use shall in all other respects comply with the requirements set forth in Village Ordinance No. 2009 -91. C. Any member (or designee) of the Buffalo Grove Building Department shall have the right to enter any portion of the Property to determine if any and all activities are being conducted in compliance with the Buffalo Grove Municipal Code, this Ordinance and village' Ordinance No. 2009 -91. D. Enrichment Enterprises, Inc.., Petitioner. and C.G.A. Investment Co., .LLC, owner of the Property, shall provide written documentation acknowledging and accepting the terms and conditions set forth herein. Section 3. This Ordinance shall be effective until June 7, 2010 unless extended by action of the Corporate Authorities. This Ordinance shall not be codified. Section 4. Any violation of the terms and conditions of this Ordinance as determined by the Village Manager or designee shall result in the immediate termination of the allowance granted herein and thereafter the requirements set forth in Village Ordinance No. 2009 -91 shall be in full force and effect. AYES: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman NAYS: 0 — None ABSENT: 0 - None PASSED: March 8 , 2010 APPROVED: March 8 , 2010 ATTEST: Janet Sirabian, Village Clerk Mail to: Village Clerk Village of Buffalo Grove "50 Raup.p Boulevard Buffalo Grove, `IL 60089 This document prepared by: William Raysa , Raysa & Zimmermann, LLC 22 South Washington Ave. Park Ridge, IL. 60068 Elliott Hartstein, Village President