2014-02-24 - Ordinance 2014-021 - APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME AT 1211 LOCKWOOD DR2/14/2014
ORDINANCE NO. 2014 — 21
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE R -5 ZONING DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Assieh Nassir
1211 Lockwood Drive
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 R -5, and
is occupied by a single — family detached residence commonly known as 1211 Lockwood Drive;
and,
WHEREAS, Assieh Nassir is the owner of the Property; and,
WHEREAS, Assieh Nassir ( "Petitioner ") who resides at the Property has petitioned to the
Village for a special use to operate a child day care home at the Property; and,
WHEREAS, notice of the public hearing concerning the petition for a special use was
given, and the public hearing was held on January 15, 2014 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:
1. 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,
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4. That there is adequate parking to serve the child day care 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 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 6 to 0 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. The Corporate Authorities hereby adopt a proper, valid and binding
ordinance approving a special use for a child day care home for the following legally described
property:
Lot 4 in Block 4 in Suffield Place, being a subdivision in the east %2 of Section 29, Township 43
North, Range 11 East of the Third Principal Meridian, according to the plat thereof recorded
Document No. 1976742, in Lake County, Illinois.
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.6 of the Village Zoning Ordinance.
B. 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.
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C. Petitioner shall complete requirements and obtain a license from the
Illinois Department of Children and Family Services (DCFS), and provide a
copy of said license to the Village at the time of application for a Village
business license.
D. The special use shall be automatically revoked if the Petitioner fails, for
any reason, to have a valid license issued by the Illinois Department of
Children and Family Services (DCFS).
D. The petitioner shall obtain a Village business license prior to operation of
the child day care home.
E. The special use does not authorize any use in violation of any covenants
running with the Property.
F. 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.
G. 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.
H. This special use is granted to Assieh Nassir as an individual. Said special
use does not run with the Property and is not granted to any business
entity. Said special use is not transferable to another person or entity,
and may not be used by any other 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 — Berman, Trilling, Sussman, Terson, Stein, Ottenheimer
NAYS: 0 — None
ABSENT: 0 — None
PASSED: February 24, 2014
APPROVED: February 24, 2014
ATTEST:
�L- u4 �.
Village Clerk
APPROVED
�J
, Village President
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EXHIBIT A
0
Petitioner acceptance and agreement concerning
the special use for a child day care home
at 1211 Lockwood Drive, zoned R -5
Assieh Nassir does hereby accept and agree to abide by and be bound by each of the terms,
conditions and limitations set forth in Ordinance No. 2014 -21 duly passed and approved by the
Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 1211
Lockwood Drive.
The undersigned acknowledges that she has read and understands all of the terms and
provisions of said Buffalo Grove Ordinance No. 2014 -21, and does hereby acknowledge and
consent to each and all of the provisions, restrictions, and conditions of said Ordinance.
Assieh Nassir
1211 Lockwood Drive
Buffalo Grove, IL 60089