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2011-00212/29/2010 • . . • ORDINANCE NO. 2011— 02 AN ORDINANCE APPROVING THE FIFTH AMENDMENT TO THE BETH AM SPECIAL USE AND PLANNED UNIT DEVELOPMENT (PUD) (originally known as Seigle's Planned Unit Development) VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Special use amendment concerning the Torah Academy, child day care facility Congregation Beth Am 225 McHenry Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Property (as legally described in Exhibit A hereto, and hereinafter referred to as the "Property ") was originally approved for development by Village Ordinance No. 88 -110, which allowed a Seigle's Home and Building Center on Lot 2 and an office building on Lot 3; and, WHEREAS, amendments to Village Ordinance No. 88 -110 were approved concerning commercial use of the Property by Ordinance No. 92 -35 (First Amendment) and Ordinance No. 96- 11 (Second Amendment); and, WHEREAS, Village Ordinance No. 98 -54 (Third Amendment) approved a Special Use and Planned Unit Development (PUD) for the Congregation Beth Am to occupy the building on Lot 2 as a place of worship and related uses including education programs and social events, and the use of Lot 3 for supplementary parking to accommodate uses in the Beth Am facility; and, WHEREAS, Village Ordinance No. 2009 -3 8 (Fourth Amendment) approved a Special Use and Planned Unit Development (PUD) amendment for the Torah Academy, an Illinois not—for—profit corporation, to lease space within the Beth Am building to operate a school providing a dual curriculum of Judaic studies and general studies; and, • 2 0 WHEREAS, the Torah Academy proposes to operate a child day care facility in addition to the school approved by Ordinance No. 2009 -38, pursuant to Exhibit E hereto; and, WHEREAS, the current and proposed uses by the Torah Academy at the Property are described in the following exhibits, which are attached hereto and made a part hereof: EXHIBIT A Legal Description EXHIBIT B Petitioner Acceptance and Agreement concerning special use ordinance EXHIBIT C Narrative concerning proposed child day care facility, email dated 12/10/2010 by Rabbi S Zehnwirth EXHIBIT D Floor Plan, classroom wing, dated 8/25/2010 EXHIBIT E Addendum to parking data for Torah Academy at Congregation Beth Am EXHIBIT F Torah Academy Outdoor Play Area, sketch plan dated 12/1/2010 WHEREAS, the Village Plan Commission reviewed the proposed child day care facility by the Torah Academy and determined that the use is an appropriate and compatible use with the current school and other programs in the Beth Am facility, and the Commission voted 7 to 0 to recommend approval of an amendment of the special use for Beth Am to allow said child day care facility; and, WHEREAS, the President and Board of Trustees have determined that the amendment of the special use for the Beth Am facility to allow the child day care facility by the Torah Academy is appropriate as set forth in the terms and conditions set forth herein. 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 hereby incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance amending Ordinance No. 98 -54 and Ordinance No. 2009 -38 to allow the Torah Academy to operate a child day care facility on the Beth Am property subject to the following conditions: A. Parking on the Property shall be managed to accommodate the typical daily activities of the Beth Am facility, including the Torah Academy school and child day care facility. 3 B. The child day care facility shall not be operated on the Property until the Torah Academy has provided a copy to the Village of the license issued by the Illinois Department of Children and Family Services (IL DCFS). C. The outdoor play area shall be enclosed by a fence a minimum of four (4) feet in height and constructed of durable and secure materials, with a self — closing; self latching gate, all as approved by the Village. Said fence shall be completed as soon as possible, but not later than April 1, 2011. D. The Torah Academy shall manage outdoor activities on the Property to provide a safe environment for children and to minimize any impacts on adjacent properties. E. The Torah Academy school and child day care facility shall be reviewed by the Village to determine if modifications are necessary concerning traffic management or parking on the Property and to determine if any impacts on adjacent properties require mitigation. The Torah Academy and Beth Am shall comply with any modifications or mitigation required by the Village. Section 3. The terms and conditions of Ordinance No. 98 -54 and Ordinance No. 2009- 38 remain in full force and effect unless specifically modified by this Ordinance. Section 4. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 - Braiman, Glover, Berman, Trilling, Sussman, Smith. NAYS: 0 - None ABSENT: 0 - None PASSED: January 3, 2011 APPROVED: January 3, 2011 ATTEST: APPROVED: illage Clerk ELLIOTT HARTSTEIN, Village President This ordinance was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 4 EXHIBIT A Legal Description Congregation Beth Am 225 McHenry Road Lot 2 and Lot 3 of Seigle's Resubdivision, being a resubdivision of part of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, recorded as Document No. 701006, in Lake County, Illinois. PIN 15 -33- 301 -076 PIN 15 -33 -301 -078 W1 EXHIBIT B Torah Academy, Inc. at Congregation Beth Am 225 McHenry Road Petitioner Acceptance and Agreement concerning special use ordinance The Torah Academy, Inc., an Illinois not—for—profit corporation, as lessee and petitioner, and Congregation Beth Am as owner of the Property do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2011 -2 duly passed and approved by the Village of Buffalo Grove, IL approving the Torah Academy use and amendment of the special for the Beth Am property as set forth in said Ordinance. The Torah Academy acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 -2, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Torah Academy, an Illinois not for — profit corporation By: JA �- / Name (print): Steoe► Title: H L' Q J er P 5cl r The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 -2. Congregation Beth Am By: W'e� Lit/ Name (print): Roiwr Title: r— %( t arri 6 4 � �, ,01le, /DdQ 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, January 3, 2011 the Corporate Authorities of the Village passed and approved Ordinance No. 2011 -2, AN ORDINANCE APPROVING THE IFTH AMANDMENT TO THE - BETH AM SPECIAAL USE AND PLANNED UNIT DEVELOPMENT (PUD) originally known as Seigel's Planned Unit Development) VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS. The pamphlet form of Ordinance No, 2011 -8, 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 January 3, 2011 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 3rd day of January, 2011. 4 Vill Clerk a� By 12/29/2010 ORDINANCE NO. 2011— 02 AN ORDINANCE APPROVING THE FIFTH AMENDMENT TO THE BETH AM SPECIAL USE AND PLANNED UNIT DEVELOPMENT (PUD) (originally known as Seigle's Planned Unit Development) VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Special use amendment concerning the Torah Academy, child day care facility Congregation Beth Am 225 McHenry Road WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the Property (as legally described in Exhibit A hereto, and hereinafter referred to as the "Property ") was originally approved for development by Village Ordinance No. 88 -110, which allowed a Seigle's Home and Building Center on Lot 2 and an office building on Lot 3; and, WHEREAS, amendments to Village Ordinance No. 88 -110 were approved concerning commercial use of the Property by Ordinance No. 92 -3 5 (First Amendment) and Ordinance No. 96— 11 (Second Amendment); and, WHEREAS, Village Ordinance No. 98 -54 (Third Amendment) approved a Special Use and Planned Unit Development (PUD) for the Congregation Beth Am to occupy the building on Lot 2 as a place of worship and related uses including education programs and social events, and the use of Lot 3 for supplementary parking to accommodate uses in the Beth Am facility; and, WHEREAS, Village Ordinance No. 2009 -38 (Fourth Amendment) approved a Special Use and Planned Unit Development (PUD) amendment for the Torah Academy, an Illinois not — for —profit corporation, to lease space within the Beth Am building to operate a school providing a dual curriculum of Judaic studies and general studies; and, 2 WHEREAS, the Torah Academy proposes to operate a child day care facility in addition to the school approved by Ordinance No. 2009 -38, pursuant to Exhibit E hereto; and, WHEREAS, the current and proposed uses by the Torah Academy at the Property are described in the following exhibits, which are attached hereto and made a part hereof: EXHIBIT A Legal Description EXHIBIT B Petitioner Acceptance and Agreement concerning special use ordinance EXHIBIT C Narrative concerning proposed child day care facility, email dated 12/10/2010 by Rabbi S Zehnwirth EXHIBIT D Floor Plan, classroom wing, dated 8/25/2010 EXHIBIT E Addendum to parking data for Torah Academy at Congregation Beth Am EXHIBIT F Torah Academy Outdoor Play Area, sketch plan dated 12/1/2010 WHEREAS, the Village Plan Commission reviewed the proposed child day care facility by the Torah Academy and determined that the use is an appropriate and compatible use with the current school and other programs in the Beth Am facility, and the Commission voted 7 to 0 to recommend approval of an amendment of the special use for Beth Am to allow said child day care facility; and, WHEREAS, the President and Board of Trustees have determined that the amendment of the special use for the Beth Am facility to allow the child day care facility by the Torah Academy is appropriate as set forth in the terms and conditions set forth herein. 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 hereby incorporated herein. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance amending Ordinance No. 98 -54 and Ordinance No. 2009 -3 8 to allow the Torah Academy to operate a child day care facility on the Beth Am property subject to the following conditions: A. Parking on the Property shall be managed to accommodate the typical daily activities of the Beth Am facility, including the Torah Academy school and child day care facility. 3 B. The child day care facility shall not be operated on the Property until the Torah Academy has provided a copy to the Village of the license issued by the Illinois Department of Children and Family Services (IL DCFS). C. The outdoor play area shall be enclosed by a fence a minimum of four (4) feet in height and constructed of durable and secure materials, with a self — closing, self — latching gate, all as approved by the Village. Said fence shall be completed as soon as possible, but not later than April 1, 2011. D. The Torah Academy shall manage outdoor activities on the Property to provide a safe environment for children and to minimize any impacts on adjacent properties. E. The Torah Academy school and child day care facility shall be reviewed by the Village to determine if modifications are necessary concerning traffic management or parking on the Property and to determine if any impacts on adjacent properties require mitigation. The Torah Academy and Beth Am shall comply with any modifications or mitigation required by the Village. Section 3. The terms and conditions of Ordinance No. 98 -54 and Ordinance No. 2009- 38 remain in full force and effect unless specifically modified by this Ordinance. Section 4. This Ordinance shall be in effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 6 — Braiman, Glover, Berman, Trilling, Sussman, Smith NAYS: 0 - None ABSENT: 0 - None PASSED: January 3, 2011 APPROVED: January 3, 2011 ATTEST: APPROVED: "Village Clerk ELLIOTT HARTSTEIN, Village President This ordinance was prepared by: Robert E. Pfeil, Village Planner Village of Buffalo Grove 50 Raupp Blvd Buffalo Grove, IL 60089 Mail to: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 2 EXHIBIT A Legal Description Congregation Beth Am 225 McHenry Road Lot 2 and Lot 3 of Seigle's Resubdivision, being a resubdivision of part of the southwest quarter of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, recorded as Document No. 701006, in Lake County, Illinois. PIN 15 -33- 301 -076 PIN 15 -33- 301 -078 5 EXHIBIT B Torah Academy, Inc. at Congregation Beth Am 225 McHenry Road Petitioner Acceptance and Agreement concerning special use ordinance The Torah Academy, Inc., an Illinois not — for — profit corporation, as lessee and petitioner, and Congregation Beth Am as owner of the Property do hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2011 -2 duly passed and approved by the Village of Buffalo Grove, IL approving the Torah Academy use and amendment of the special for the Beth Am property as set forth in said Ordinance. The Torah Academy acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 -2, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Torah Academy, an Illinois not—for—profit corporation By: ' /. Name (print): / � ie/1yY,'l Title: '( eg m g r The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2011 -2. Congregation Beth Am r�