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2009-038 7/1/2009_A ORDINANCE NO. 2009 - 38 AN ORDINANCE APPROVING THE FOURTH 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 Congregation Beth Am 225 McHenry Road Amendment of special use concerning the Torah Academy 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,the Beth Am facility is currently operated as described in Exhibit B hereto;and, WHEREAS, the Torah Academy, an Illinois not—for—profit corporation, proposes to lease space within the Beth Am building to operate a school providing a dual curriculum of Judaic studies and general studies as described in Exhibit E hereto; and, WHEREAS,the uses at the Property,current and proposed, are described in the following exhibits,which are attached hereto and made a part hereof 2 EXHIBIT A Legal Description EXHIBIT B Congregation Beth Am Facility Usage dated March 10,2009 by Ann Greenstein, Executive Director EXHIBIT C Beth Am Parking Data — Current uses and projected demand with Torah Academy EXHIBIT D Site Plan dated January 29, 1999 EXHIBIT E Torah Academy of Buffalo Grove—Concept and Description EXHIBIT F Floor plan of Beth Am building, including location of classrooms WHEREAS, the Village Plan Commission reviewed the proposed Torah Academy and determined that the Academy is an appropriate and compatible use 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 Academy; 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 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 to allow the Torah Academy to operate in the Beth Am building 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. B. The Torah Academy shall complete building and fire safety code improvements required by the Village prior to opening the Academy for classroom attendance by students. C. The Torah Academy shall manage outdoor activities on the Property to provide a safe environment for students and to minimize any impacts on adjacent properties. D. The hours of operation of the Torah Academy shall be in accordance with the information provided in Exhibit E hereto. 3 E. The Torah Academy use shall be reviewed by the Village after the second year of operation 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. F. The Torah Academy shall provide information to the Village concerning annual student enrollments as of October 1" of each year, and at the end of the second year of operation the Torah Academy shall provide projections for a five—year period concerning the number of students expected to attend classes and the grade levels that will be offered in the Beth Am facility. G. Lot 3 of the Property shall remain available to provide supplementary parking for uses in the Beth Am facility. H. Any change in the use of Lot 2 and Lot 3 of the Property is subject to approval by the Village in accordance with applicable Village regulations. Section 3. The terms and conditions of Ordinance No. 98-54 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, Stone, Sussman NAYS: 0 — None ABSENT: 0 — None PASSED: July 6, 2009 APPROVED: mm July 6. 2009 ATTEST: APP ED: Village Clerk ELLIOTT HARTSTEIN, Village President This ordinance was prepared by: Robert E. Pfeil,Village Planner Village of Buffalo Grove, IL 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. 09/04/2009 14:33 8474596202 CONGREGATION BETH AM PAGE 01/02 Congregation Beth Axn 225 McHenry Road O.vaaer and Petitioner Acceptance and,Agreement concerning Villa a of Buffalo Grove Ordinance No.2009-38 amending the Special use to allow the Torah Academy The Torah Academy, 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. 2009-38 duly passed and approved by the Village of Buffalo Grove, IL approving the Torah Academy use and amcndment of the special for the Beth Am property as set forth in said Ordinance. The undersigned acknowledge that they have read and understand all of the terms and provisions of said Buffalo Grove Ordinance No. 2009-38, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Torah Academy, al Illinois not-for—profit corporation By: Its Congre n Beth Ain By: Its._ CCU/✓✓