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2017-08-21 - Ordinance 2017-037 - APPROVING SPECIAL USE FOR HOME DAY CARE AT 200 TIMBER HILL RDAugust 7, 2017 ORDINANCE NO. 2017 - 037 AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-5A RESIDENTIAL ZONING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Marina Furman 200 Timber Hill Road 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-5A, and is occupied by a single—family detached residence commonly known as 200 Timber Hill Road; and, WHEREAS, Roman Furman; Jennifer Furman; Alexander Furman and Marina Furman are the owners of the Property; and, WHEREAS, Marina Furman ("Petitioner") who resides at the Property have 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 August 2, 2017 by the Buffalo Grove Planning & Zoning Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Planning & Zoning 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; That the Petitioner presented adequate evidence that the child day care use will be properly managed to minimize impacts on adjacent properties; and, 4. Based upon the adherence to the submitted Pick up and Drop off Policy, 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 Planning & Zoning 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 Planning & Zoning Commission voted 6 to 2, 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: SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 136 in Strathmore in Buffalo Grove Unit 1 in Section 5 and 6, Township 42 north, Range 11, east of the Third Principal Meridian, according to the Plat thereof recorded May 3, 1967, as Document 20125932, in Cook County, Illinois. Section 3. The special use is subject to the following conditions: 1. Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. 2. 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. 3. The petitioner shall obtain a DCFS license. A copy of the DCFS license shall be provided to the Village prior to the issuance of a business license. 4. 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 (IL DCFS). 5. The Petitioner shall obtain a Village business license prior to operation of the child day care home. 6. The special use does not authorize any use in violation of any covenants running with the Property. 7. 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 2 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. 8. 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. 9. This special use is granted to Marina Furman. 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. 10. Prior to the issuance of the Village business license, the petitioner shall install a self - closing and latching gate in a manner acceptable to the Village. 11. At least one staff member must be present at all times during the hours of operation at the Child Care Home who is able to effectively communicate with emergency personnel in the event of an emergency. 12. The child day care home shall have no more than 8 children. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval, subject to the Petitioners' 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: 5 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson NAYES: 0 - None ABSENT: 0 - None PASSED: August 21, 2017, APPROVED: August 21, 2017. ATTEST: Janc6vl. irabian, Village Clerk 3 APPROVED: it I I)A J /AJ Beverly Sus n, Village President EDIT A Petitioners Acceptance and Agreement Concerning the Special Use for a Child Day Care Home at 200 Timber Hill Road Marina Furman does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in the approved Ordinance duly passed and approved by the Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 200 Timber Hill Road. The undersigned acknowledge that they have read and understand all of the terms and provisions of said Ordinance, and do hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Marina Furman 200 Timber Hill Road Buffalo Grove, IL 60089 Subscribed and sworn to before me this �1 �> 0-C CC , 2017 by Marina Furman. i 1 otary Public s •• • b ati 1 1 / 4