2012-02-06 - Ordinance 2012-006 - APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VBG, COOK AND LAKE COUNTIES, IL, KIDTOWN USA2/6/2012
0
ORDINANCE NO. 2012 - 6
AN ORDINANCE APPROVING A
SPECIAL USE IN THE INDUSTRIAL DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
•
KidTown USA (also known as Kids and Company)
1425 Busch Parkway
The 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; and,
WHEREAS, the Village of Buffalo Grove (the "Village ") approved Ordinance No. 2009 -91
and amended by Ordinance No: 2010 -14 ,granting a special use to allow Enrichment
Enterprises, Inc. to operate an indoor play facility for children pursuant to the conditions set
forth in said ordinances; and,
WHEREAS, Enrichment Enterprises, Inc. petitioned to provide child day care services at
the facility, and said use was approved as a special use by Village Ordinance No. 2010 -34; and,
WHEREAS, Enrichment Enterprises, Inc. has conducted the special use at 1425 Busch
Parkway under the names of Kids and Company and KidTown USA; and,
WHEREAS, M2 Property Group, LLC, an Illinois limited liability company ( "Petitioner ")
proposes to purchase the KidTown USA business from Enrichment Enterprises, Inc. and assume
the current lease with the property owner concerning the operation of the indoor playground
and child day care facility on the Property; and,
WHEREAS, Petitioner is requesting transfer of the special use granted to Enrichment
Enterprises, Inc. by Ordinance No. 2010 -34, and has petitioned to the Village for approval of
said transfer; and,
WHEREAS, Petitioner has also requested that the Village approve a further transfer of
the special use from M2 Property Group, LLC to KidTown Buffalo Grove, LLC, an Illinois limited
liability company; and
2
WHEREAS, Petitioner has represented that the current operation would be continued in
its present form and in compliance with the terms and conditions of Ordinance No. 2010 -34;
and,
WHEREAS, the Petitioner has presented the following exhibits in support of the petition
for a special use:
EXHIBIT A Legal Description
EXHIBIT B Acceptance and Agreement concerning special use
EXHIBIT C Letter dated January 16, 2012 from Joe Sharp, M2 Property
Group, LLC
WHEREAS, the President and Board of Trustees after due and careful consideration have
concluded that the transfer of the special use to M2 Property Group, LLC and subsequent
transfer to KidTown Buffalo Grove, LLC on the terms and conditions set forth herein would
enable the Village to control impacts created by the business and minimize adverse effects on
adjacent properties 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 transfer of the special use approved by Village Ordinance No. 2010 -34 to
M2 Property Group, LLC and subsequent transfer to KidTown Buffalo Grove, LLC for operation
of the KidTown USA facility pursuant to the exhibits incorporated herein for the Property
legally described in Exhibt A attached hereto, subject to the following conditions:
A. The special use zoning approval does not become effective until M2 Property Group, LLC
assumes the lease for the KidTown USA facility 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 February 27, 2012, the
Village may, in its sole discretion, void the special use approval.
C. The special use is granted to M2 Property Group, LLC and is authorized for transfer to
KidTown Buffalo Grove, LLC and does not run with the land and is not assignable or
transferrable unless approved by the Village. The Village may, in its sole discretion,
3
require a public hearing prior to allowing transfer of the special use.
D. The Petitioner and KidTown Buffalo Grove, LLC shall submit the executed Acceptance
and Agreement attached hereto and incorporated herein as Exhibit B to the Village by
February 27, 2012.
E. M2 Property Group, LLC or KidTown Buffalo Grove, LLC shall secure a license from the
Illinois Department of Children and Family Services (IL DCFS) prior to providing child day
care services on the Property. In the event that said license is not approved, or if said
license is revoked by IL DCFS, the special use granted by the Village for operation of a
child care center is automatically revoked. The special use to operate an indoor
playground would remain in force pursuant to the terms and conditions of approval by
the Village.
F. Modifications to the terms and conditions set forth in Village Ordinance No. 2009 -91
and Ordinance No. 2010 -34 are subject to approval by the Village. The Village may, in its
sole discretion, require a public hearing prior to approving modifications to said terms
and conditions of said ordinances.
G. Signs for the business are not approved by this Ordinance and are subject to the
regulations set forth in the Village Sign Code.
Section 3. The terms and conditions set forth in Village Ordinance No. 2009 -91 and
Ordinance No. 2010 -34 remain in full force and effect unless specifically modified by this
Ordinance. The restriction in Section 2.A. of Village Ordinance No. 2012 -34 concerning the
transfer or sale of Enrichment Enterprises, Inc. stock or ownership is hereby repealed.
Section 4. This Ordinance shall be in full force and effect upon the submittal of the fully
executed lease and the executed Acceptance and Agreement as set forth in Section 2 of this
Ordinance. This Ordinance shall not be codified.
AYES: 6- Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0 - None
ABSENT: 0 - None
PASSED: February 6, 2012
APPROVED: February 6. 2012
•
ATTEST:
Villag erk
0
APPROVED:
Uft�. BRAIMAN, Village President
EXHIBIT A
Legal Description
1425 Busch Parkway
Buffalo Grove, Illinois
The 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
PIN: 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)
EXHIBIT B
Petitioner, KidTown Buffalo Grove LLC and Property Owner Acceptance and Aar eement
concerning special use ordinance
KidTown USA (also known as Kids and Company)
1425 Busch Parkway
Buffalo Grove, Illinois
M2 Property Group, LLC does hereby accept and agree to abide by and be bound by each of
the terms, conditions and limitations set forth in Ordinance No. 2012 -6 duly passed and
approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance.
M2 Property Group, LLC, an Illinois limited liability
company
By: r-f*"-
(Printed name and title)
Signature:
KidTown Buffalo Grove, LLC does hereby accept and agree to abide by and be bound by each
of the terms, conditions and limitations set forth in Ordinance No. 2012 -6 duly passed and
approved by the Village of Buffalo Grove, IL granting the special use set forth in said Ordinance.
KidTown Buffalo Grove, LLC, an Illinois limited
liability company
By OE ate- IJ1Anii4c6�,
(Printed name and title)
Sign
The undersigned Owner of the Property acknowledges that it has read and understands all of
the terms and provisions of said Buffalo Grove Ordinance No. 2012 -6.
CGA Investment Co. LLC
President Van Vlissingen and Co.
By: Owners Authorized Agent
(Printed name gLn, d titl
Signature:
.Charles R. Lamphe