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2006-0509/12/2006 ORDINANCE NO. 2006 - 50 AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R -4A ONE - FAMILY DWELLING DISTRICT, VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Lev Treybas 891 Silver Rock Lane 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 R-4A One Family Dwelling District; and, WHEREAS, Richard Sarno is the owner of the Property, and has given consent to Lev Treybas, as renter of the Property, to petition for a special use; and, WHEREAS, Lev Treybas has petitioned to the Village for approval of a special use to operate a child day care home 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 September 6, 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 child day care use will serve the public convenience and will not be detrimental to, nor endanger the public health, safety, morals comfort or general welfare; 2. That the child day care 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 child day care use will be properly managed to minimize impacts on adjacent properties; and, 4. That there is adequate .parking to serve the child day care use. D O ki D. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The petitioner is required to apply to the Village for re- authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. E. The special use shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked, and the special use shall be automatically suspended if the license issued by DCFS is suspended. F. The petitioner shall obtain a Village business license prior to operation of the child day care h6me. G. The special use does not authorize any use in violation of any covenants running with the Property. H. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. I. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. J. This special use shall only be available to Lev Treybas, and does not run with the Property, and is not transferable to another person or entity. 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: 6 - Braiman, Glover Berman Kabn, Trilling, Rubin NAYS: 0 - None ABSENT: 0 - None PASSED: September 18, 2006 4 0 2 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 and Section 17.28.060 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 5 to 1 to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that the requirements for a special use as set forth in Section 17.28.040 and Section 17.28.060 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. A special use for a child day care home on the following legally described property is hereby approved: Lot 2 in Block 16 in Strathmore in Buffalo Grove, Unit 8, being a subdivision of part of Sections 29 and 32, Township 43 North, Range 11, East of the Third Principal Meridian, according to the plat thereof recorded November 18, 1968 as Document 1401385, in Book 46 of Plats, Page 17 in Lake County, Illinois, commonly known as 891 Silver Rock Lane. Section 3. The special use is subject to the following conditions: A. Petitioner shall comply with the standards set forth in Section 17.12.141 and Section 17.28.060.B.5 of the Village Zoning Ordinance. B. Petitioner shall provide adequate off street parking for all persons involved with the operation of the child day care home, and petitioner shall manage the arrival and departure of clients to minimize traffic and noise impacts affecting adjacent properties. C. Petitioner shall be present on site during all hours of operation of the child day care home. 11:mi APPROVED: September 18, 2006 ATTEST: illage Clerk APPROVED: ELLIOTT HARTSTEIN, Village President a a 5 EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home in the R -4A District 891 Silver Rock Lane Lev Treybas 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 -50 duly passed and approved by the Village of Buffalo Grove, Illinois granting a special use for a child day care home at 891 Silver Rock Lane. The undersigned acknowledges that he has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2006 -50, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and editions of said Ordinance. 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