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2023-12-04 - Ordinance 2023-147 - REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R–9 ZONING DISTRICT (315 Gardenia Ln) ORDINANCE NO.2023-147 AN ORDINANCE REAUTHORIZING THE 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,Vijay Bhatia is the owner of the Property;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,the Village approved Ordinance No.2017-043 granting a special use to Geeta Bhatia to operate a child day care home at the Property with subsequent reauthorizations pursuant to Section 17.28.060.0 of the Village of Buffalo Grove Zoning Ordinance;and, WHEREAS,Geeta Bhatia ("Petitioner") has petitioned to the Village for reauthorization of the special use for another two—year period to continue operating the child cay care home at the Property; and, WHEREAS,the Village has reviewed the request for reauthorization of the special use pursuant to Section 17.28.060.C.of the Village Zoning Ordinance; and, WHEREAS,Village staff reviewed pertinent information concerning the child day care home,and based on the petitioner's record of compliance with applicable regulations,staff recommends reauthorization of the special use for another two-year period;and, WHEREAS,the President and Board of Trustees after due and careful consideration have determined that based on the review and recommendation by Village staff,the child day care home on the Property is operating in compliance with applicable Village regulations and is not creating nuisances or other impacts on adjacent properties. 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 reauthorizing the special use for the child day care home for the following legally described property: 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%of the northeast%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,commonly known as 315 Gardenia Lane, Buffalo Grove, Illinois. SECTION 3. The special use is subject to the following conditions: A. Compliance 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. 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 (DCFS). D. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. 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—Johnson.Cesario,Ottenheimer.Stein, Bocek Weidenfeld NAYES: 0-None ABSENT: 0- None PASSED: December 4.2023 APPROVED: December 4, 2023 PUBLISHED: December 5.2023 ATTEST: APPROVED: l,/��.��'o'`"�"�- Jane irabian,Village Clerk Eric N.Smith, " �ge President .�,�::L�tn��. t`�l�`��I �qV r~`�,''jl! � �� JJ ��T."�r�L.�,,.�y�ti�j�1 r t �'„'- n`_="'.,;i�,.,�, `L`""� �:�- �ti�� ., �� ... '_.✓�.�' ( - � =� - � ` � � _ - �. JJr��.��;1�`�~�i`' 3' �.r:�3%.k�"• a � EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home at 315 Gardenia Lane,zoned R-9 Geeta Bhatia does hereby accept and agree to abide by and be bound by ea,ch of the terms, conditions and limitations set forth in Ordinance No. 2023-147 duly passed and approved by the Village of Buffalo Grove, Illinois reauthorizing the special use for the child day care home at 315 Gardenia Lane. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No.2023-147 and does hereby acknowledge and consent to each and all of the � provisions, restrictions,and conditions of said Ordinance. ��_ . __ _<_ =� ��__ _ � � _ _._�-_ _._._Y _ -s — � � Geeta Bhatia 315 Gardenia Lane Buffalo Grove, IL 60089 SUBSCRIBED AND SWORN TO BEFORE ME THIS�i'?L AY OF � .z+v►�j 2023 RICARDO FLORES JR ` ^ r , Official Seal � �,l� Notary Public-State of Illinois J� �� My Commission Expires Feb 16,2027 Notary Public - _,.r --�---� �-- _ -�— _----�----�,._ _ _,. .