2017-10-16 - Ordinance 2017-043 - APPROVING SPECIAL USE FOR HOME DAY CARE AT 315 GARDENIAORDINANCE NO. 2017 - 043
AN ORDINANCE APPROVING A SPECIAL USE
FOR A CHILD DAY CARE HOME IN THE R-9 ZONING DISTRICT
VILLAGE OF BUFFALO GROVE,
COOK AND LAKE COUNTIES, ILLINOIS
Geeta Bhatia
315 Gardenia 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 R-9, and is occupied
by a single—family detached residence commonly known as 315 Gardenia Lane; and,
WHEREAS, Geeta Bhatia ("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 October 4, 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;
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,
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 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 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
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detennined 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 8 in the Resubdivision of a portion of Lots 8,9 and 10
in the Commons of Buffalo Grove Unit One, being a Resubdivision in the east ''/z ofthe northeast '/4 of Section
32, Township 43 north, Range 11, east of the Third Principal Meridian, according to the Plat of Resubdivision
recorded July 10, 1984 as Document 2295283, 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, Section
17.28.040 and Section 17.28.060 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.
C. 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).
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 Geeta Bhatia 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, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 - None
ABSENT: 0 - None
PASSED: October 16, 2017
APPROVED: October 16, 2017
APPROVED:
i President
ATTEST:
Janet-M. Sirabian, Village Clerk
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EXHIBIT A
Petitioner acceptance and agreement concerning
the special use for a child day care home at 315 Gardenia Drive
Geeta Bliatia 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 315 Gardenia Drive.
The undersigned acknowledges that she has read and understands all of the terms and provisions of said
Ordinance, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and
conditions of said Ordinance.
Geeta Bhatia
315 Gardenia Drive
Buffalo Grove, IL 60089