2004-068• � IIIIIIIIIIIIIIIII
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7/7/04 poc#; 0419749247
Eugene -Gene" Moore Fee: $30.00
Cook County Reoorder of Deeds
• Date: 07/15/2004 04:01 PM Pg 1 of 4
ORDINANCE NO. 2004 -_
AN ORDINANCE APPROVING REZONING FROM
THE R -7 DWELLING DISTRICT TO THE R -5
ONE - FAMILY DWELLING DISTRICT IN THE VILLAGE OF BUFFALO
GROVE, COOK AND LAKE COUNTIES, ILLINOIS
Jacob Duman Center
1250 Radcliffe Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, in 1985 the Jewish Federation of Metropolitan Chicago, an Illinois not for
profit corporation, petitioned the Village for a rezoning from the R -5 One - Family Dwelling
District to the R -7 Dwelling District and for a special use to operate a community center on the
Washington Irving School site property, which real property is hereinafter legally described and
sometimes referred to herein as the "Property "; and
WHEREAS, the community center special use allowed for education and Hebrew
language studies, social work counseling, child care services, adult education, and other not -for-
profit tenants; and
WHEREAS, The R -7 Dwelling District was the only zoning district that would allow the
type of special uses requested; and
WHEREAS, the Village, by Ordinance No. 85 -56, rezoned the Property from the R -5 to
the R -7 Zoning District, granted a special use to operate certain enumerated special uses on the
Property and imposed certain conditions on the special uses so granted; and
WHEREAS, Section 3.i) of Village Ordinance No. 85 -56 states as follows:
3.i) If at any time none of the following owns the subject property, the
special uses shall be immediately discontinued:
1) Jewish Federation of Metropolitan Chicago, an Illinois not -for-
profit corporation
2) JFMC Facilities Corporation, an Illinois not - for - profit corporation
3) Any Illinois not - for - profit corporation which is an affiliate of or
the successor to the Jewish Federation of Metropolitan Chicago;
and,
�6
the suitability of the property to the zoned purposes, (f) the length of time the
property has been vacant as zoned in the context of land development in the
'area, (g) the community's need for the proposed use, and (h) the care with
which the community has planned its land use and development
and have determined and hereby find that the rezoning of the Property is in the best interests of
the public health, safety, morals and welfare of the Village.
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have
determined that the best interests of the Village of Buffalo Grove would be served by the
adoption of this ordinance regarding the Property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Section 2. That the Zoning Map of the Village of Buffalo Grove, as amended, is hereby
amended to reclassify from the R -7 Dwelling District with a special use to the R -5 One Family -
Dwelling District, the land and territory legally described as:
THAT PART OF THE WEST HALF OF SECTION 8, TOWNSHIP 42
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 8, 66.5 FEET EAST OF THE WEST LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8;
THENCE NORTH 00 DEGREES, 03 MINUTES, 37 SECONDS EAST
ALONG A LINE PARALLEL TO SAID WEST LINE, 637.42 FEET;
THENCE SOUTH 89 DEGREES, 56 MINUTES, 23 SECONDS EAST,
298.5 FEET; SOUTH 10 DEGREES, 31 MINUTES, 31 SECONDS EAST,
1205.74 FEET; THENCE NORTH 89 DEGREES, 32 MINUTES, 59
SECONDS WEST, 143.51 FEET; THENCE NORTH 00 DEGREES, 27
MINUTES, 01 SECONDS EAST, 95.0 FEET; THENCE NORTH 68
DEGREES, 12 MINUTES, 36 SECONDS WEST, 137.39 FEET; THENCE
NORTH 89 DEGREES, 32 MINUTES, 59 SECONDS WEST, 250.0 FEET
TO A POINT 66.5 FEET EAST OF THE WEST LINE OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE
NORTH 00 DEGREES, 07 MINUTES, 47 SECONDS EAST, ALONG A
LINE PARALLEL TO SAID WEST LINE, 398.80 FEET TO THE PLACE
OF BEGINNING, IN COOK COUNTY, ILLINOIS, WHICH LIES NORTH
OF A LINE PARALLEL TO THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN WHICH LINE INTERSECTS
THE WEST LINE OF THE ABOVE DESCRIBED PROPERTY 475.0 FEET
SOUTH OF THE NORTHWEST CORNER THEREOF;
3
which real property has been sometimes herein referred to as the "Property," and is commonly
known as 1250 Radcliffe Road.
Section 3. Any existing special uses on the Property which were established pursuant to
Village Ordinance 85 -56 are hereby classified as legal nonconforming uses. Said non-
conforming uses are subject to the provisions of Section 17.24.020. of the Buffalo Grove Zoning
Ordinance.
Section 4. This Ordinance shall be in full force and effect on and after its passage
and approval. This Ordinance shall not be codified.
AYES: 5 - Braiman, Glover, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT:
1 - Berman
PASSED: July 12 , 2004.
APPROVED: July 12 , 2004.
ATTEST:
'VIVIlage Clerk
APPROVED:
4
�1- � / S, ,
Village President
ss.
COUNTY OF COOK )
CERTIFICATE
I, Janet M. Sirabian, certify that I am the duly elected
and acting Village Clerk of the Village of Buffalo
Grove, Cook and Lake Counties, Illinois.
I further certify that on July, 12, 2004, the Corporate
Authorities of the Village passed and approved
Ordinance No. 2004 -68 entitled: AN ORDINANCE
APPROVING REZONING FROM THE R -7 DWELLING
DISTRICT TO THE R -5 ONE - FAMILY DWELLING
DISTRICT; JACOB DUMAN CENTER, 1250 RADCLIFFE
ROAD provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2004 -68
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing July 12,
2004, and continuing for at least ten days thereafter.
Copies of such Ordinance were also available for
public inspection upon request in the Office of
Village Clerk.
Dated at Buffalo Grove, Illinois, this 13th day of
July, 2004.
Village C
By
7/7/04
ORDINANCE NO. 2004- 68
AN ORDINANCE APPROVING REZONING FROM
THE R -7 DWELLING DISTRICT TO THE R -5
ONE - FAMILY DWELLING DISTRICT IN THE VILLAGE OF BUFFALO
GROVE, COOK AND LAKE COUNTIES, ILLINOIS
Jacob Duman Center
1250 Radcliffe Road
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and
WHEREAS, in 1985 the Jewish Federation of Metropolitan Chicago, an Illinois not for
profit corporation, petitioned the Village for a rezoning from the R -5 One - Family Dwelling
District to the R -7 Dwelling District and for a special use to operate a community center on the
Washington Irving School site property, which real property is hereinafter legally described and
sometimes referred to herein as the "Property "; and
WHEREAS, the community center special use allowed for education and Hebrew
language studies, social work counseling, child care services, adult education, and other not -for-
profit tenants; and
WHEREAS, The R -7 Dwelling District was the only zoning district that would allow the
type of special uses requested; and
WHEREAS, the Village, by Ordinance No. 85 -56, rezoned the Property from the R -5 to
the R -7 Zoning District, granted a special use to operate certain enumerated special uses on the
Property and imposed certain conditions on the special uses so granted; and
WHEREAS, Section 3.i) of Village Ordinance No. 85 -56 states as follows:
3.i) If at any time none of the following owns the subject property, the
special uses shall be immediately discontinued:
1) Jewish Federation of Metropolitan Chicago, an Illinois not -for-
profit corporation
2) JFMC Facilities Corporation, an Illinois not - for - profit corporation
3) Any Illinois not - for - profit corporation which is an affiliate of or
the successor to the Jewish Federation of Metropolitan Chicago;
and,
1
WHEREAS, the Jewish Federation has retained Millennium Properties, Inc. to auction
the Property at an auction on July 15, 2004; and
WHEREAS, a Millennium Properties, Inc. marketing brochure lists the zoning on the
Property as —
R -7, which allows for 23 single - family homes or 22 two -unit dwellings,
family community residences and more. Special uses include church,
hospitals or sanitariums, community center, nursing home, school (trade,
private and parochial);
and
WHEREAS, the Village has determined that it is in the public interest to clarify and re-
affirm that the zoning and use of the Property should be consistent with the R -5 zoning of the
adjacent single family detached homes in the Mill Creek Subdivision and compatible with the
proximate neighborhood; and,
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove
conducted a public hearing on July 12, 2004 at 7:30 p.m. in the Council Chambers, Buffalo
Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois, concerning the
rezoning of the Property from the R -7 District to the R -5 Dwelling District; and
WHEREAS, notice of the aforesaid public hearing was made and published in the
manner provided by law; and
WHEREAS, notice of the public hearing was also provided to surrounding property
owners pursuant to section 17.64.030.B. of the Buffalo Grove Municipal Code as well as the
posting of a sign on the Property notifying the general public of the public hearing; and
WHEREAS, the President and Board of Trustees do hereby find that (i) the existing
zoning regulations on the Property allow developments which would be incompatible with the
current single - family residential density and neighborhood character of the area, (ii) a rezoning
of the Property promotes the public good by preserving continuity, limits congestion and restricts
burdens on existing infrastructure, and (iii) the immediate neighbors to the Property have a
substantial interest in the loss of open space, congested streets, increased noise, and inadequate
parking that are associated with greater density of development. [Wakeland v. City of Urbana,
333 Ill. App. 3d 1131 (4t' Dist. 2002)]; and
WHEREAS, The Corporate Authorities of the Village have considered and evaluated the
following factors as set forth in LaSalle National Bank of Chicago v. County of Cook, 12 Ill.2d
40, 46 -47, 145 N.E.2d 65, 69 (1957), and Sinclair Pipe Line Co. v. Village of Richton Park, 19
Ill. 2d 370, 378, 167 N.E.2d 406, 411 (1960):
(a) [T]he uses and zoning of nearby property, (b) the extent to which the
zoning restrictions diminish property values, (c) the extent to which the
diminishment of the plaintiff's property values promotes the public good, (d)
the gain to the public compared with the hardship to the property owner, (e)
2
the suitability of the property to the zoned purposes, (f) the length of time the
property has been vacant as zoned in the context of land development in the
area, (g) the community's need for the proposed use, and (h) the care with
which the community has planned its land use and development
and have determined and hereby find that the rezoning of the Property is in the best interests of
the public health, safety, morals and welfare of the Village.
WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove have
determined that the best interests of the Village of Buffalo Grove would be served by the
adoption of this ordinance regarding the Property;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES,
ILLINOIS, as follows:
Section 1. The foregoing Whereas clauses are hereby incorporated herein.
Section 2. That the Zoning Map of the Village of Buffalo Grove, as amended, is hereby
amended to reclassify from the R -7 Dwelling District with a special use to the R -5 One Family -
Dwelling District, the land and territory legally described as:
THAT PART OF THE WEST HALF OF SECTION 8, TOWNSHIP 42
NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN,
BOUNDED BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 8, 66.5 FEET EAST OF THE WEST LINE OF THE EAST
HALF OF THE NORTHWEST QUARTER OF SAID SECTION 8;
THENCE NORTH 00 DEGREES, 03 MINUTES, 37 SECONDS EAST
ALONG A LINE PARALLEL TO SAID WEST LINE, 637.42 FEET;
THENCE SOUTH 89 DEGREES, 56 MINUTES, 23 SECONDS EAST,
298.5 FEET; SOUTH 10 DEGREES, 31 MINUTES, 31 SECONDS EAST,
1205.74 FEET; THENCE NORTH 89 DEGREES, 32 MINUTES, 59
SECONDS WEST, 143.51 FEET; THENCE NORTH 00 DEGREES, 27
MINUTES, 01 SECONDS EAST, 95.0 FEET; THENCE NORTH 68
DEGREES, 12 MINUTES, 36 SECONDS WEST, 137.39 FEET; THENCE
NORTH 89 DEGREES, 32 MINUTES, 59 SECONDS WEST, 250.0 FEET
TO A POINT 66.5 FEET EAST OF THE WEST LINE OF THE EAST HALF
OF THE SOUTHWEST QUARTER OF SAID SECTION 8; THENCE
NORTH 00 DEGREES, 07 MINUTES, 47 SECONDS EAST, ALONG A
.LINE PARALLEL TO SAID WEST LINE, 398.80 FEET TO THE PLACE
OF BEGINNING, IN COOK COUNTY, ILLINOIS, WHICH LIES NORTH
OF A LINE PARALLEL TO THE SOUTH LINE OF THE NORTHWEST
QUARTER OF SECTION 8, TOWNSHIP 42 NORTH, RANGE 11 EAST
OF THE THIRD PRINCIPAL MERIDIAN WHICH LINE INTERSECTS
THE WEST LINE OF THE ABOVE DESCRIBED PROPERTY 475.0 FEET
SOUTH OF THE NORTHWEST CORNER THEREOF;
P.I.N. 03 -08- 101 - 026 -0000
3
which real property has been sometimes herein referred to as the "Property," and is commonly
known as 1250 Radcliffe Road.
Section 3. Any existing special uses on the Property which were established pursuant to
Village Ordinance 85 -56 are hereby classified as legal nonconforming uses. Said non-
conforming uses are subject to the provisions of Section 17.24.020. of the Buffalo Grove Zoning
Ordinance.
Section 4. This Ordinance shall be in full force and effect on and after its passage
and approval. This Ordinance shall not be codified.
AYES: 5 - Braiman, Glover, Johnson, Kahn, Trilling
NAYES: 0 - None
ABSENT: 1 - Berman
PASSED: July 12 , 2004.
APPROVED: July 12 , 2004.
ATTEST:
illage Clerk
APPROVED:
4
�M-- M, ���
Village President