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2010-0346/7/2010 ORDINANCE NO. 2010-34 11 AN ORDINANCE APPROVING THE SECOND AMENDMENT OF ORDINANCE NO. 2009-91 CONCERNING A SPECIAL USE FOR A CHILD CARE CENTER IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Kids and Co. Child Care Center and 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 ") was granted approval for a special use by Ordinance No. 2009 -91 to operate an indoor play center for children in a leased space of 12,594 square feet at 1425 Busch Parkway; and, WHEREAS, Petitioner requested amendment of Ordinance No. 2009 -91 pertaining to the requirement to provide written documentation from the Illinois Department of Children and Family Services (IL DCFS) regarding whether or not the facility would require licensing as a child care center; and, WHEREAS, the Village approved Ordinance No. 2010 -14 granting temporary approval allowing the facility to operate as an indoor play center while awaiting the determination by IL DCFS regarding licensing as a child care center, and said Ordinance was made effective until June 7, 2010 unless extended by the Village; and, 2 WHEREAS, Petitioner has determined that operation as child care center licensed by the IL DCFS would be in the best interests of the business, and based on this determination, Petitioner has requested approval of a special use for a child care center pursuant to Chapter 17.28.040 and Section 17.48.020.C.3. of the Village Zoning Ordinance; and, WHEREAS, notice of the public hearing concerning the petition for approval of the special use for a child care center 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 use 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 use 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 the operation of a child care center, including the indoor play center activities approved by Ordinance No. 2009 -91, for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. 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. B. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by July 12, 2010. C. The facility shall be used for child care and indoor play activities for children as represented in the exhibits approved by Ordinance No. 2009 -91. • 3 D. The facility shall not offer full -day child care services, and participation by children in classes and programs is limited to sessions not more than three hours in duration in any single day. The facility shall not provide lunch service requiring preparation of food on the premises. E. The Petitioner shall provide written documentation from the Illinois Department of Children and Family Services (IL DCFS) confirming that the facility has been licensed as a child care center, including an exemption from the requirement to provide an outdoor play area. Said documentation shall be provided to the Village by October 4, 2010. F. In the event that IL DCFS does not issue a license by October 4, 2010 allowing the facility to operate as a child care center, this Ordinance shall be null and void. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Petitioner's Acceptance and Agreement as set forth in Section 2.13. of this Ordinance. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: ATTEST: 6 — Braiman, Glover, Berman, Trilling, Stone, Sussman 0 — None 0 — None June 7, 2010 illage Clerk APPROVED: June 7, 2010 APPROV D _ ELLIOTT HARTSTEIN, Village President 0 EXHIBIT A Legal Description Enrichment Enterprises, Inc. Kids and Co. Child Care Center and 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: PINS: 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) 1425 Busch Parkway, Buffalo Grove, IL i 5 EXHIBIT B E Enrichment Enterprises, Inc. Kids and Co. Child Care Center and Indoor Play Center 1425 Busch Parkway Corporate Grove Business Park Petitioner Acceptance and Agreement concerning special use ordinance Enrichment Enterprises, Inc. does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2010 -34 duly passed and approved by the Village of Buffalo Grove, II, granting the special use set forth in said Ordinance. Enrichment Enterprises, Inc. acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -34, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Enrichment Enterprise Inc. By: d str (print name tle) Si t e The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -34. C.G.A. Investment Co., LLC r ,ice/ 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, June 7, 2010 the Corporate Authorities of the Village passed and approved Ordinance No. 2010 -34, AN ORDINANCE APPROVING THE SECOND AMENDMENT OF ORDINANCE NO. 2009 -91 CONCERNING A SPECIAL USE FOR A CHILD CARE CENTER IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COK AND LAKE COUNTIES provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No, 2010 -34, 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 June 8, 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 June, 2010. Vil6g4 Clerk By 6/7/2010 ORDINANCE NO. 2010-34 AN ORDINANCE APPROVING THE SECOND AMENDMENT OF ORDINANCE NO. 2009-91 CONCERNING A SPECIAL USE FOR A CHILD CARE CENTER IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Kids and Co. Child Care Center and 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 ") was granted approval for a special use by Ordinance No. 2009 -91 to operate an indoor play center for children in a leased space of 12,594 square feet at 1425 Busch Parkway; and, WHEREAS, Petitioner requested amendment of Ordinance No. 2009 -91 pertaining to the requirement to provide written documentation from the Illinois Department of Children and Family Services (IL DCFS) regarding whether or not the facility would require licensing as a child care center; and, WHEREAS, the Village approved Ordinance No. 2010 -14 granting temporary approval allowing the facility to operate as an indoor play center while awaiting the determination by IL DCFS regarding licensing as a child care center, and said Ordinance was made effective until June 7, 2010 unless extended by the Village; and, N WHEREAS, Petitioner has determined that operation as child care center licensed by the IL DCFS would be in the best interests of the business, and based on this determination, Petitioner has requested approval of a special use for a child care center pursuant to Chapter 17.28.040 and Section 17.48.020.C.3. of the Village Zoning Ordinance; and, WHEREAS, notice of the public hearing concerning the petition for approval of the special use for a child care center 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 use 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 use 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 the operation of a child care center, including the indoor play center activities approved by Ordinance No. 2009 -91, for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. 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. B. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B by July 12, 2010. C. The facility shall be used for child care and indoor play activities for children as represented in the exhibits approved by Ordinance No. 2009 -91. 3 D. The facility shall not offer full -day child care services, and participation by children in classes and programs is limited to sessions not more than three hours in duration in any single day. The facility shall not provide lunch service requiring preparation of food on the premises. E. The Petitioner shall provide written documentation from the Illinois Department of Children and Family Services (IL DCFS) confirming that the facility has been licensed as a child care center, including an exemption from the requirement to provide an outdoor play area. Said documentation shall be provided to the Village by October 4, 2010. F. In the event that IL DCFS does not issue a license by October 4, 2010 allowing the facility to operate as a child care center, this Ordinance shall be null and void. Section 3. This Ordinance shall be in full force and effect upon the submittal of the executed Petitioner's Acceptance and Agreement as set forth in Section 2.B. of this Ordinance. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: ATTEST: 6 — Braiman, Glover, Berman. Trilling Stone Sussman 0 — None 0 — None June 7, 2010 illage Clerk APPROVED: June 7.2010 APPROVED- ELLIOTT HARTSTEIN, Village President 2 EXHIBIT A Legal Description Enrichment Enterprises, Inc. Kids and Co. Child Care Center and 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 PINS: 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) 5 EXHIBIT B Enrichment Enterprises, Inc. Kids and Co. Child Care Center and Indoor Play Center 1425 Busch Parkway Corporate Grove Business Park Petitioner Acceptance and Agreement concerning special use ordinance Enrichment Enterprises, Inc. does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2010 -34 duly passed and approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance. Enrichment Enterprises, Inc. acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -34, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Enrichment Enterprise Inc. By: (print name 'tie) Si (4e The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2010 -34. C.G.A. Investment Co., LLC By: A&-S 1 re - ��.--