2006-0143/15/2006
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ORDINANCE NO. 2006 - 14
AN ORDINANCE APPROVING A SPECIAL USE
FOR A PLACE OF WORSHIP
IN THE B -5 DISTRICT, COMMERCIAL SUB - DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
BAY Shul
314 Mc Henry Road, Suite C
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the real property ( "Property ") hereinafter legally described is zoned in the B -5
Town Center District, Commercial Sub - District; and,
WHEREAS, the Property is occupied by a two -story commercial building in the Buffalo
Grove Town Center shopping center; and,
WHEREAS,. Buffalo Grove Venture, LLC is the owner of the Property; and,
WHEREAS, Bais Ahavas Yisroel, The BAY Shul, an Illinois not for profit corporation
[ "BAY Shul "] as lessee of Suite C on the second floor of the building at 314 McHenry Road has
petitioned to the Village for approval of a special use to conduct a place of worship at the Property;
and,
WHEREAS, notice of the public hearing concerning the petition for approval of the special
use was given and the public hearing was held on February 15, 2006 by the Buffalo Grove Plan
Commission; and,
WHEREAS, based on the testimony and evidence presented at the public hearing, the
Plan Commission made the following findings:
That the use will serve the public convenience and will not be detrimental to, nor
endanger the public health, safety, morals, comfort or general welfare.
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2. That the use will not be injurious to the use and enjoyment of other property in the
immediate vicinity, nor substantially diminish and impair other property valuations
within the neighborhood.
3. That the petitioner presented adequate evidence that the use will be properly managed
to minimize impacts on adjacent properties.
4. That there is adequate parking to serve the use.
WHEREAS, after closing the public hearing, and then considering the testimony and other
evidence presented at the hearing, the Plan Commission determined that the criteria and standards for
a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and
use of the Property as proposed would be compatible with adjacent properties; and,
WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of a special use
for the BAY Shul use on the Property; and,
WHEREAS, the President and Board of Trustees after due and careful consideration adopt
the foregoing findings of fact by the Buffalo Grove Plan Commission and have determined that the
requirements for a special use as set forth in Section 17.28.040 of the Village Zoning Ordinance have
been met and that the use 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 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 a special use fora place of worship for the following legally described property:
A portion [314 Mc Henry Road, Suite C] of Lot 1, in Buffalo Grove Town Center Unit 8, being a
resubdivision of Lot 2 in Buffalo Grove Town Center Unit 5, in the southwest quarter of Section 33,
Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois.
Section 3. The special use is subject to the following conditions:
A. Compliance with applicable Village codes as determined by the Village in
its sole discretion.
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B. Activities shall comply with occupancy limits established by the Village
concerning the number of persons permitted in the space at one time.
C. If the Village determines that any activities by BAY Shul are creating
nuisances or detrimental impacts on other tenants of the Property or owners
and occupants of adjacent properties, the Village may amend the special use
to impose conditions pertaining to items including but not limited to hours of
operation and special events.
D. BAY Shul shall take appropriate action to ensure that the parking areas are
adequately lighted and maintained for safe use by its members and visitors.
E. The special use shall be void if BAY Shul ceases operation at the Property.
The Village shall determine, in its sole discretion, if the use has ceased.
Section 4. This Ordinance shall be in full force and effect on and after its passage and
approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as
Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance
and Agreement form with the Village. This Ordinance shall not be codified.
AYES: S - Rraiman- R'_ man- Kahn Trilling, Rubin
NAYS: 0 - None
ABSENT: 0 - None
PASSED: March 20. 2006
APPROVED: March 20, 2006
ATTEST: APPROVED:
illage Clerk ELLIOTT HARTSTEIN, Village President
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EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for a place of worship in the
B -5 District, Commercial Sub - district
BAY Shul, 314 McHenry Road, Suite C
Buffalo Grove Town Center
BAY Shul does hereby accept and agree to abide by and be bound by each of the terms, conditions
and limitations set forth in Ordinance No. 2006- 14 duly passed and approved by the Village of
Buffalo Grove, Illinois granting a special use for a place of worship at 314 McHenry Road, Suite C.
The undersigned acknowledges that he has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2006 -14, and does hereby acknowledge and consent to each and
all of the provisions, restrictions, and conditions of said Ordinance.
Melvin Merzon, Presi nt
The BAY Shul, an Illinois not for profit corporation
r
STATE OF ILLINOIS) 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 March 20, 2006 the Corporate
Authorities of the Village passed and approved
Ordinance No. 2006 -14 entitled: AN ORDINANCE
APPROVING A SPECIAL USE IN THE B -5 DISTRICT -
COMMERCIAL SUB - DISTRICT FOR A PLACE OF
WORSHIP AT 324 MCHENRY RD (SUITE C) FOR BAY
SHUL provided by its terms that it should be
published in pamphlet form.
The pamphlet form of Ordinance No. 2006 -14,
including the Ordinance and a sheet thereof, was
prepared, and a copy of such Ordinance was posted
in and at the Village Hall, commencing 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 21st day of
March, 2006.
Village perk
By
r.
3/15/2006
ORDINANCE NO. 2006 - 14
AN ORDINANCE APPROVING A SPECIAL USE
FOR A PLACE OF WORSHIP
IN THE B -5 DISTRICT, COMMERCIAL SUB- DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
BAY Shul
314 Mc Henry Road, Suite C
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois
Constitution of 1970; and,
WHEREAS, the real property ( "Property") hereinafter legally described is zoned in the B -5
Town Center District, Commercial Sub - District; and,
WHEREAS, the Property is occupied by a two -story commercial building in the Buffalo
Grove Town Center shopping center; and,
WHEREAS, Buffalo Grove Venture, LLC is the owner of the Property; and,
WHEREAS, Bais Ahavas Yisroel, The BAY Shul, an Illinois not for profit corporation
[ "BAY Shul "] as lessee of Suite C on the second floor of the building at 314 McHenry Road has
petitioned to the Village for approval of a special use to conduct a place of worship at the Property;
and,
WHEREAS, notice of the public hearing concerning the petition for approval of the special
use was given and the public hearing was held on February 15, 2006 by the Buffalo Grove Plan
Commission; and,
WHEREAS, based on the testimony and evidence presented at the public hearing, the
Plan Commission made the following findings:
That the use will serve the public convenience and will not be detrimental to, nor
endanger the public health, safety, morals, comfort or general welfare.
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2
2. That the use will not be injurious to the use and enjoyment of other property in the
immediate vicinity, nor substantially diminish and impair other property valuations
within the neighborhood.
3. That the petitioner presented adequate evidence that the use will be properly managed
to minimize impacts on adjacent properties.
4. That there is adequate parking to serve the use.
WHEREAS, after closing the public hearing, and then considering the testimony and other
evidence presented at the hearing, the Plan Commission determined that the criteria and standards for
a special use as set forth in Section 17.28.040 of the Village's Zoning Ordinance have been met and
use of the Property as proposed would be compatible with adjacent properties; and,
WHEREAS, the Plan Commission voted 7 to 0 to recommend approval of a special use
for the BAY Shul use on the Property; and,
WHEREAS, the President and Board of Trustees after due and careful consideration adopt
the foregoing findings of fact by the Buffalo Grove Plan Commission and have determined that the
requirements for a special use as set forth in Section 17.28.040 of the Village Zoning Ordinance have
been met and that the use 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 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 a special use for a place of worship for the following legally described property:
A portion [314 Mc Henry Road, Suite C] of Lot 1, in Buffalo Grove Town Center Unit 8, being a
resubdivision of Lot 2 in Buffalo Grove Town Center Unit 5, in the southwest quarter of Section 33,
Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois.
Section 3. The special use is subject to the following conditions:
A. Compliance with applicable Village codes as determined by the Village in
its sole discretion.
B. Activities shall comply with occupancy limits established by the Village
concerning the number of persons permitted in the space at one time.
C. If the Village determines that any activities by BAY Shul are creating
nuisances or detrimental impacts on other tenants of the Property or owners
and occupants of adjacent properties, the Village may amend the special use
to impose conditions pertaining to items including but not limited to hours of
operation and special events.
D. BAY Shul shall take appropriate action to ensure that the parking areas are
adequately lighted and maintained for safe use by its members and visitors.
E. The special use shall be void if BAY Shul ceases operation at the Property.
The Village shall determine, in its sole discretion, if the use has ceased.
Section 4. This Ordinance shall be in full force and effect on and after its passage and
approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as
Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance
and Agreement form with the Village. This Ordinance shall not be codified.
AYES' S - Rraiman, Reiman_ Kahn Trilling, Rubin
NAYS: 0 - None
ABSENT: 0 - None
PASSED: March 20. 2006
APPROVED: March 20, 2006
ATTEST: C) APPROVED:
(�ae Clerk
g ELLIOTT HARTSTEIN, Village President
4
EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for a place of worship in the
B -5 District, Commercial Sub - district
BAY Shul, 314 McHenry Road, Suite C
Buffalo Grove Town Center
BAY Shul does hereby accept and agree to abide by and be bound by each of the terms, conditions
and limitations set forth in Ordinance No. 2006- 14 duly passed and approved by the Village of
Buffalo Grove, Illinois granting 'a special use for a place of worship at 314 McHenry Road, Suite C.
The undersigned acknowledges that he has read and understands all of the terms and provisions of
said Buffalo Grove Ordinance No. 2006 -14, and does hereby acknowledge and consent to each and
all of the provisions, restrictions, and conditions of said Ordinance.
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Melvin Merzon, Presi nt
The BAY Shul, an Illinois not for profit corporation