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1993-003 s � 1/4/93* ORDINANCE NO. 93- 3 AN ORDINANCE APPROVING A REZONING FROM THE R-E ONE FAMILY DWELLING DISTRICT TO THE 08R OFFICE AND RESEARCH DISTRICT AND APPROVING A SPECIAL USE AND PRELIMINARY PLAN IN THE 08R DISTRICT, VILLAGE OF BUFFALO GROVE COOK AND LAKE COUNTIES, ILLINOIS Jewish Council for Youth Services (JCYS) , Edmund W. Froelich Child Care Center, Illinois Route 83 west of the LaSalle National Bank WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the hereinafter legally described real property ("Property")- was classified in the R-E One Family Dwelling District by Ordinance 90-87 on December 17, 1990; and, WHEREAS, Jewish Council for Youth Services ("JCYS") , as contract purchaser of the Property, has petitioned to the Village for rezoning to the OSR Office and Research District, approval of a Preliminary Plan and approval of a Special Use for a child care center; and, WHEREAS, the petitioner proposes to develop the child care center pursuant to the following exhibits: EXHIBIT A Preliminary Plan (Sheet A.1 ) dated January 4, 1993 by Jeffrey R. Brown Associates. EXHIBIT B Floor Plan (Sheet A.2) dated January 4, 1993 by Jeffrey R. Brown Associates. EXHIBIT C Building Elevations (Sheet A.3) dated January 4, 1993 by Jeffrey R. Brown Associates. EXHIBIT D Preliminary Landscape Plan dated January 4, 1993 by Wirkus Nurseries, Inc. EXHIBIT E Preliminary Engineering Plan (5 sheets) dated December 18, 1992 by Manhard Consulting Ltd. 1 WHEREAS, notice of the public hearing concerning the petition for rezoning and approval of the Special Use and Preliminary Plan 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 that the proposed zoning and Preliminary Plan are appropriate for the Property and compatible with adjacent properties; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the development 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 rezoning to the 0&R District, approving a Special Use for a child care center of 9,950 square feet, and approving the Preliminary Plan and related documents attached hereto as EXHIBITS A through E for the following legally described property: That part of the Northwest 1 /4 of the Northeast 1 /4 of the Southeast 1 /4 of Section 30, Township 43 North, Range 11 East of the 3rd Principal Meridian lying Northeasterly of the Northeasterly line of Illinois Route No. 83 (FAP Rte. 177) as shown on the Plat of Dedication for Public Highways recorded April 11 , 1936 as Document No. 427561 and as widened as per that instrument of Dedication recorded June 14, 1974 as Document No. 1667837, in Lake County, Illinois. 2 Section 3. The following variations as depicted on EXHIBITS A and E are hereby granted: A. ZONING ORDINANCE - Section 17.48.010. F.5 - to allow a yard of twelve (12) feet instead of 30 feet for a parking area abutting a residential zoning district. B. DEVELOPMENT ORDINANCE - Section 16.50.040.C.4. - to allow a cross slope on the stormwater detention basin of one (1 ) percent instead of two (2) percent; Section 16.50.040.D - to allow the child care building to be built within ten (10) feet of the stormwater detention facility. Section 4. Village approval of this Ordinance is subject to the following conditions and stipulations: A. Building appearance and materials, signage, lighting and landscaping on the Property are subject to review and approval by the Village's Appearance Commission and the Corporate Authorities. The monument sign and "typical light pole" depicted on EXHIBIT A hereto are not approved by this Ordinance and are subject to future Village review and approval. B. Access to the Property from Illinois Route 83 shall be restricted to right-in, right-out turns. In the period before a permanent barrier median is constructed on Route 83, the JCYS shall use signage or other controls required by the Illinois Department of Transportation (IDOT) to limit the access from Route 83 to right-in, right-out turns. No certificate of occupancy shall be issued by the Village until either: (a) a permanent barrier median is constructed on Route 83, or (b) a traffic control barrier is installed either in the 3 right-of-way or on the Property. Any traffic control barrier shall be subject to approval by the Village Engineer. C. The Corporate Authorities' approval of the Special Use herein is subject to approval by the Village of an access easement from the Property east across the LaSalle National Bank property to Arlington Heights Road (shown as "driveway" on EXHIBIT A) . The Corporate Authorities retain the right to not approve a plat of subdivision for the Property until said access easement is executed and recorded. In the event that said access is terminated and no alternative access to Arlington Heights Road is approved by the Village, the Corporate Authorities shall have the right to determine if said Special Use shall remain in effect. The Corporate Authorities retain the right to approve an alternate access from the Property to Arlington Heights Road. D. The JCYS shall construct a driveway, as depicted on EXHIBITS A and E hereto, providing access from the Property to Arlington Heights Road. The construction of said driveway is subject to review and approval by the Village Engineer. E. The JCYS shall post a bond or letter of credit in an amount determined by the Village Engineer to pay for the public sidewalk along Route 83 labelled as "future sidewalk" on EXHIBITS A and E. Said sidewalk shall be constructed when the Village determines that it is needed for pedestrian use. F. The landscaped berm along Route 83 noted on EXHIBIT A shall be constructed if said construction is approved by the Illinois Department of Transportation. 4 G. The JCYS agrees to cooperate with the Village and the owner of the LaSalle National Bank property (as depicted on EXHIBIT A) to create a single shared driveway to Route 83 if the planning for the future development of the LaSalle property determines that a shared driveway is feasible. Section 5. This Ordinance shall be in full force and effect on and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Reid, Kahn, Rubin, Braiman, Hendricks NAYES: 0 - None ABSENT: 1 - Marienthal PASSED: January 4 1993 APPROVED: January 4 1993 APP ED: . i IDNE H. M THIAS Village President ATTEST: Vill -ye'rk o 5