2013-08-19 - Ordinance 2013-055 - FOURTH AMENDMENT TO THE WOODLAND COMMONS SHOPPING CENTER PUD, TORAH ACADEMY 8/13/2013
ORDINANCE NO. 2013 - 55
FOURTH AMENDMENT TO THE WOODLAND COMMONS SHOPPING CENTER
PLANNED UNIT DEVELOPMENT ORDINANCE (PUD)
Torah Academy
380 Half Day Road
Special use for a preschool and elementary school
Sub-lease from Jewish Community Center of Chicago (JCC)
370, 372 and 380 Half Day Road (IL Route 22)
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the Jewish Community Center of Chicago ("JCC'), leases approximately
21,000 square feet of space known as 370, 372 and 380 Half Day Road in the Woodland
Commons shopping center (hereinafter referred to as the Property) described in EXHIBIT A
attached hereto, which exhibit is made a part hereof, and which real estate is within the
corporate limits of the Village; and,
WHEREAS, the Property is zoned in the B-3 Planned Business Center District by Village
Ordinance No. 88-109, and said Ordinance was amended by Village Ordinance No. 99-18 on
February 16, 1999 allowing the JCC to lease the approximately 21,000 square foot space on the
Property in the area formerly occupied by a hardware store, including the preschool operated
by the JCC in an area of 11,723 square feet (370 Half Day Road);
WHEREAS, the second amendment of the Woodland Commons PUD was approved by
Village Ordinance No. 99-83 to allow the JCC to sub-lease the space at 372 Half Day Road to a
retail tenant; and,
WHEREAS, the third amendment of the Woodland Commons PUD was approved by
Village Ordinance No. 2005-2 allowing the JCC to use the space (6,700 square feet) at 372 Half
Day Road for expansion of the child care and preschool activities conducted at 370 Half Day
Road; and,
WHEREAS, Village Ordinance No. 2005-2 stipulates that use of the space at 380 Half Day
Road is subject to approval by the Corporate Authorities; and,
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WHEREAS, the Torah Academy has represented that it will enter into a lease with the
Jewish Community Center of Chicago to sub-lease the space of approximately 2,500 square feet
at 380 Half Day Road to operate a preschool and elementary school for academic instruction of
children; and,
WHEREAS, the Torah Academy ("Petitioner") has petitioned to the Village for approval
of a special use to operate said school at 380 Half Day Road; and,
WHEREAS, the Village Plan Commission conducted a public hearing on August 7, 2013
concerning the petition for a special use; and,
WHEREAS, the Plan Commission determined that the petition meets the criteria for a
special use set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance; and,
WHEREAS, the Plan Commission voted 4 to 1 to recommend approval of the special use
subject to: no curbside parking for dropping off and picking up children at the school; the use of
not more than two (2) storage containers of standard size (20 feet long, 8 feet wide, 7 feet in
height) in the rear parking area on the north side of the building, and expiration of the special
use on June 10, 2014, including termination of use of the storage containers; and,
WHEREAS, the President and Village Board of Trustees after due and careful
consideration have concluded that the proposed school is a reasonable use of the space at 380
Half Day Road and will 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 grant a special use to the Torah Academy
and amend Ordinance No. 2005-2 to allow the use of the space at 380 Half Day Road as a
Preschool/Elementary School subject to the following conditions:
A. The special use granted to the Torah Academy expires on June 10, 2014. The special
use is not assignable and shall not be transferred to any other operator or user.
B. Curbside drop off and pick up of children is prohibited. Parents and guardians of
children shall park in designated parking spaces and escort children to and from the
facility.
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C. The Torah Academy shall be allowed to install a maximum of two (2) standard size
storage containers in the rear parking lot area on the north side of the lease space at
380 Half Day Road, for temporary use subject to approval by the property owner
and subject to approval of the location by the Village. Said storage containers shall
not be larger than 20 feet in length, 8 feet in width and 7 feet in height. Said storage
containers shall be used exclusively for the storage of materials needed for the
operation of the school. Installation and use of the containers shall be done in a
manner to avoid creating noise or other impacts affecting adjacent properties. Said
containers shall be removed from the Property no later than June 10, 2014.
D. The lease between the Torah Academy and the Jewish Community Center of Chicago
(JCC) shall be provided to the Village within fourteen (14) days of the approval date
of this Ordinance.
E. In the event that childcare for children under three (3) years of age is provided,
Torah Academy shall comply with the requirements of the Illinois Department of
Children and Family Services and provide proof of compliance to the Village.
Section 3. This Ordinance shall be in full force and effect upon the submittal of the lease
as set forth in Section 2.D. of this Ordinance and submittal of the Petitioner's Acceptance and
Agreement attached hereto and incorporated herein as Exhibit B. This Ordinance shall not be
codified.
AYES: 5— Berman, Trilling, Sussman, Terson, Stein
NAYS: 0— None
ABSENT: 1 - Ottenheimer
PASSED: August 19, 2013
APPROVED: August 19 , 2013
ATTEST: APPROVT D:
lAt
aa. a4k •
Vi ge Clerk Jeffr . : aiman, Village President
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EXHIBIT A
LEGAL DESCRIPTION
FOURTH AMENDMENT TO WOODLAND COMMONS SHOPPING CENTER P.U.D.
Torah Academy
380 Half Day Road
Jewish Community Center of Chicago (JCC)
370, 372 and 380 Half Day Road (IL Route 22)
Lot 3 of Woodland Commons Shopping Center and Commerce Center, being a subdivision of
part of the south half of the southeast quarter of Section 17, and the north half of the northeast
quarter of the northeast quarter of Section 20 and the west half of the northwest quarter of
Section 21, all in Township 43 North, Range 11 East of the Third Principal Meridian, in Lake
County, Illinois.
PIN: 15-17-414-020
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EXHIBIT B
Torah Academy
380 Half Day Road
Petitioner Acceptance and Agreement concerning special use
Torah Academy acknowledges that it has read and understands all of the terms and provisions
of Buffalo Grove Ordinance No. 2013-55 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.
Torah Academy
By:
Name (print):
Title:
The undersigned lessor acknowledges that it has read and understands all of the terms and
conditions of said Buffalo Grove Ordinance No. 2013-55.
JCC of Chicago
By:
Name (print):
Title:
The undersigned Owner acknowledges that it has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2013-55.
Owner: Inland Woodlands LLC
By:
Name (print):
Title: