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2015-08-03 - Ordinance 2015-043 - GRANTING AN AMENDMENT TO SPECIAL USE ORD 2014-052 FOR TORAH ACADEMY, 720 ARMSTRONG DR July 20, 2015 ORDINANCE NO. 2015 - 43 AN ORDINANCE GRANTING ANA END ENT TO SPECIAL USE ORDINANCE 2014-52 VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Suburban Alliance for Jewish Education D/B/A Torah Academy 720 ARMSTRONG An amendment to Special Use Ordinance 2014-52 WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property ("Property") legally described in EXHIBIT A attached hereto is zoned in the Industrial District; and, WHEREAS, on July 7, 2014, the Village Board approved Ordinance 2014-52 granting a special use for a child care facility and a preschool/elementary school for the Property; and, WHEREAS, Suburban Alliance for Jewish Education D/B/A Torah Academy ("Petitioner"), as owner of the Property, has petitioned the Village for approval of an amendment to Special Use Ordinance 2014-52 located at 720 Armstrong; and, WHEREAS, the Petitioner has indicated that they have not met their enrollment projections and is requesting an amendment to the special use to defer the parking lot improvements until such time that their enrollment exceeds 30 students; and, WHEREAS, the Village Plan Commission conducted a public hearing on July 15, 2015 concerning the petition for the amendment; and, WHEREAS, the Plan Commission determined that the petition meets the criteria of a special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of the amendment to Special Use Ordinance 2014-52 subject to the special conditions outlined in Section 2 below; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the amendment to Special Use Ordinance 2014-52 is a reasonable request and will serve the best interests of the Village. WHEREAS, Torah Academy shall be operated in accordance with and pursuant to the following exhibits: EXHIBIT A Legal Description 2 EXHIBIT B Acceptance and Agreement concerning special use amendment EXHIBIT C Special Use Ordinance 2014-52 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 grant approval of the amendment to special use Ordinance 2014-52, subject to the following conditions: 1. Condition A of Ordinance 2014-52 is hereby amended and replaced with the following new condition A: "The special uses granted to Torah Academy, Inc. are assignable to subsequent petitioners seeking assignment of this special use as follows: i. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application of assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. ii. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason." 2. Condition D of Ordinance 2014-52 is hereby amended and replaced with the following new condition D: "A maximum of forty five (45) students are allowed on the Property. A maximum of thirty (30) students are allowed on the Property until the parking lot improvements depicted on Exhibit E of Ordinance 2014-52 are competed. Prior to the start of each school year, the petitioner shall provide the Village with the projected enrollment for the upcoming school year.- 3. Except for those conditions specifically amended by this Ordinance, all other conditions of Ordinance 2014-52 shall remain in full force and effect. Section 3. This Ordinance shall be in full force and effect upon the submittal of a signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. 3 AYES: 5 —Trilling, Stein, Ottenheimer, Weidenfeld, Johnson NAYS: 0 - None ABSENT- 1 - Berman PASSED: Au-qust 3, 2015. APPROVED: August 3, 2015. ATTEST: APPROVED- Wla6e Clerk Beverly'Suss Wan, Village President 4 EXHIBIT A LEGAL DESCRIPTION Suburban Alliance for Jewish Education D/B/A Torah Academy 720 ARMSTRONG An amendment to Special Use Ordinance 201 - S JCT PROPERTY LEGAL DESCRIPTION: Lot 5 in the Resubdivision of Lots 5 & 6 in the Buffalo Grove Commerce Center Unit 1, being a subdivision of part of the west half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the Third Principal Meridian in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 720 Armstrong Drive, Buffalo Grove, IL (PIN 15-34-308-009) 5 EXHIBIT B Suburban Alliance for Jewish Education D/B/A or Academy 720 ARMSTRONG An amendment to Special Use Ordinance 2014-52 Acceptance and Agreement concerning special use amendment Torah Academy acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2015-43 pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Suburban Alliance for Jewish Education D/B/A Torah Academy By: Name (print): �ft-ve- Title: -NeaJ 4 �c-4dv EXHIBIT Suburban Alliance for Jewish Education / / r Academy amendment 720 ARMSTRONG An cil Use Ordinance 2014-52 Ordinance - 7/1/2024 Exhibit C to Ordinance ORDINANCE NO. 2014-52 AN ORDINANCE APPROVING SPECIAL USES IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Suburban Alliance for Jewish Education d/b/a Torah Academy 720 Armstrong Drive Special uses for a child care-facility and preschool/elementary school WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the property ("Property") legally described in EXHIBIT A attached hereto is zoned in the Industrial District; and, WHEREAS, the Suburban Alliance for Jewish Education, an Illinois not-for-profit corporation, dj a Torah Academy (hereinafter sometimes referred to as "Torah Academy") ("Petitioner"), as contract purchaser of the Property, has petitioned the Village for approval of special uses to operate a child care facility and preschool/ elementary school at the Property; and, WHEREAS, the Village Plan Commission conducted a public hearing on June 18, 2014 concerning the petition for special uses.- and, WHEREAS, the Plan Commission determined that the petition meets the criteria for both special uses set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and, WHEREAS, the Plan Commission to 6 to 0 to recommend approval of the special uses subject to: petitioner shall secure approval and licensing from the Illinois Department of Children and Family services before receiving children for it care at the Property; the facility shall have a maximum of forty five (45) students; a maximum of twenty five (25) students are all at the facility until improvements to the parking lot are completed as depicted on Exhibit E hereto; the special uses shall expire on August 15, 2015 unless improvements to the parking lot as depicted on Exhibit E hereto are competed; and, WHEREAS, the President and Village Board of Trustees after due and careful consideration have concluded that the proposed it care facility and preschool/elementary school are reasonable the illserve s interests ill . the r ah Academy shall be operated in cc c with n pursuant following i i s: EXHIBITA Legal Description EXHIBIT c ceptance and Agreement concerning special uses EXH I BIT C Schedule concerning ! i site improvements (Letter dated July 7, 2014 from i Steven Zehnwirth) EXHIBIT 1 EXHIBIT i ("Parking and Drop Off Lane Confi i " dated June 17, NOW,THEREFORE, BE IT ORDAINED BY THE PRESIDENT TRUSTEES THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1, This Ordinance is in cc r with e Village's Zoning ! c , Development Ordinance, and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section r rii es hereby grant special uses to the c operate a child r e and a preschool/elementary schooI at the Property subject to following conditions: A. The special r ah Academy expire on August 15, 2015 unless improvements e parking lot as depicted Exhibit ere completed. T e special uses are not assignable II not be transferred or user. B. The Torah c shall diligently manage i r pick up of children i is i I on the Property and maintain ii s for pedestrians. For events and activities it r parking provided Property, the Torah Academy all take appropriate s s to secure the use of offi on adjacent properties. Said r i adjacent r i s shall be limited times when parking is not required to accommodate business operations said j c ent properties. 3 C. The Torah Academy shall comply with the requirements of the Illinois Department of Children and Family Services concerning child day care and shall provide proof of compliance to the Village, D. A maximum of forty five (45) students are allowed on the Property. A maximum of twenty five (25) students are allowed on the Property until the parking lot improvements depicted on Exhibit E hereto are competed. E. The location of handicapped accessible parking is subject to approval by the Village. The Site Plan, Exhibit E hereto, is subject to Village approval and conformance with applicable codes. F. The Torah Academy shall comply with s management regulations as determined by the Village Engineer. Section 3. This Ordinance shall be in full force and effect upon the submittal of signed Exhibit B (Acceptance and Agreement) hereto. This Ordinance shall not be codified. AYES: 5—Trilling, Sussman, Terson, Stein, Ottenheimer NAYS: 0—None ABSENT: I—Berman PASSED: July 7, 2014 APPROVED: July 7, 2014 ATTEST: APPROVE Vil6g,e Clerk B aima'n, Village President 4 EXHIBIT A LEGAL DESCRIPTION Suburban Alliance for Jewish Education d/b/a Torah Academy 720 Armstrong Drive Lot 5 in the Resubdivision of Lots 5 A, 6 in the Buffalo Grove Commerce Center Unit 1, being a subdivision of part of the west half of the southwest quarter of Section 34, Township 43 North, Range 11 East of the it Principal Meridian in Lake County, Illinois. PIN 15-34-308-009 5 EXHIBIT 6 Suburban Alliance for Jewish Education d Torah Academy 720 Armstrong Drive Acceptance and Agreement concerning speclai uses Suburban Alliance for Jewish Education d/b/a Torah Academy acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2014-52 pertaining to the special uses, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance, Suburban Alliance for Jewish Education d/b/a Torah Acadi-niv By Name (print). A Title: J The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2014-52. Owner. EMESS Ventures Inc. Byo Name (prim.) Title: EXHIBIT C ORD, NO. 2014-52 TORAH ACADEMY OF BUF r AID GROW abbi E ezer Grunberg abbi Shimon Zehnwirth Exhibit oads of School Schedule/Timeline Irs, Elise Zehnwirth for 720 Armstrong Drive arly Childhood Coordinawr �oraviva Dalton July 7, 2014 'teve Feldstein ,so Grossman Dear Mr. Pfeil, 4yron Solomon lob T ano Regarding the planned acquisition of 720 Armstrong I)rive in BG, ,con Weber our closing date is August 6, 2014. fowi-dqfDirecrovs In accordance with the recommendations of the in Commission at 4rs, Shoni C ov the June 18 Ih meeting, we will be scheduling the improvements to Ars, Lisa Woods the driveway and parking for completion before the next (2015-16) 'residium, 'arems Association school year. This would be approximately August l5d' 2015. The I'Clicilig f0l- the p1m,"roullcl, oil the otlier 11all(l, will be (lone 661. this immediate school year (by August 20, 201 4) so the children will have a safe, enclosed outdoor play area. and you for your assiswi-ice, Rabbi Steven Zehnwirth Head of School Torah Academy of Buffalo Grove Suburban Alliance for Jewish Education (S.A.J.E.) 860 Chaucer Way Buffalo Grove, It., 60089 Tel.- 224-353-7791 Cell: 173-"'1 1-2613 Email i)!'i icc a www.torahacademybg.cone Lft LA Ll IL C) % &X 1 -11 .2 Cj I L] (L (P tL Q) IL t T- LY pL I � r LL (9 PROPOSED TORAH ACADEMY PARKING AND DROP OFF %x# xxR LANE CONFIGURATION w 'ar'I NORTH =' 1 0 x, ~~.•, LOT 9 LOT 10 126,98'(R) X —x g -x —x —x x —x GRASS I I w LOT 5 24,117 SO.FT. ! a 7 x a SO PLAYGROUND n 00 ' 3,500 SQ.FT. I I z z xw a¢ as to ;J x LID _ N m Of F- 0! O v O)O z X W N w z z w CN N J z W W 3 a e z ti a w a c z a o a a < '90b, ¢ u 11 T 1 127.00'(R) PROPOSED DRIVEWAY WIDENING ARMSTRONG DRIVE 60' RIGHT—OF—WAY HERETOFORE DEDICATED ASPHALT PAVEMENT PARKING SPACES PROVIDED: 11 DROP OFF SPACES PROVIDED: 5 b1p f•MEVISED: 06/17/2014 o h Q P FOR C LTI r 'INC.C. DATE: 06/16/2014 .},y TORAH ACADEMY I PRACON &GE*GON a•:vg yr igca�swtmg.,,et ALL DISTANCES IN FEET AND DECIMAL PARTS THEREOF. m CONSULTING CBVIL ENGINEERS &mt ND SURVEYORS m c � ,a maeur+c.iuwms rwaa en?e.n z,s-„ns ru?e.>t s,s-.,n NO DIMENSIONS TO 8E ASSUMED FROM SCALING. 720 M DRIVE PkEP.EO FM TOI A EUY '. ' ® RM SW.1 20 COMPARE YOUR DESCRIPTION AND SITE MARKINGS WITH BUFFALO GROVE, ILLINOIS rc,n wt. mrrtn ce¢rxEO Er: THIS PLAT AND AT ONCE REPORT ANY DISCREPANCIES WHICH YOU MAY FIND. C.VC\14\14683\Engineering\14683 ewq —