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2010-05-05 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 05/05/2010 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION May 5, 2010 Special use for a child day care center in the Industrial District Kids and Company, 1425 Busch Parkway The Corporate Grove Business Park Vice Chair Smith called the hearing to order at 7:30 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Vice Chair Smith read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioners present: Vice Chair Smith Ms. Bocek Mr. Teplinsky Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: Mr. Ottenheimer Mr. Khan Also present: Mr. Steven Hoffman, Enrichment Enterprises, Inc. Ms. DeAnn Glover, Village Trustee Ms. Beverly Sussman, Village Trustee Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Memo from Mr. Pfeil to the Plan Commission dated April 30, 2010 Mr. Hoffman stated he is making the request to be designated as a child care facility to supplement the current approval as a play center. The reasons for that are because the original plan called for classes for children aged 3 years and older to be conducted without the presence of a parent or guardian required. The Village required a letter of exemption from child care licensing regulations by Illinois Department of Children and Family Services (IL DCFS). Obtaining that letter of exemption has been difficult, as he has been asking IL DCFS for the letter for six months. Mr. Hoffman stated he has sought three declaratory rulings from the legal department in December of 2009. In February of 2010 he was informed that the requests had been lost and needed to be resubmitted. He resubmitted the request but has still not received a response. As a result, he has decided that seeking licensing for a child care center may be the best solution. The programs will be substantially the same as what was approved for the special use for the play center. He does not seek, nor would it be possible, to engage in full day day care. Secondly licensing provides a level of oversight to the operation that offers assurances to IL DCFS, the Village and the community. Rather than operating under the protection of an exemption, full compliance with State standards and regulations will be enforced by IL DCFS on a regular basis. Thirdly, licensing will bypass any potential issues of interpretation that may result from the eventual limited authority that may be granted by those declaratory rulings. Mr. Hoffman stated he has met with the Robert Taft, area licensing representative for IL DCFS, to determine the suitability of the facility. IL DCFS has opened an application file for the license request; final action will be taken after the Village zoning process is complete. He noted that the license request is to operate as a child care facility limited to a three hour daily program for which no outdoor play space is required by IL DCFS. Mr. Taft has provided a letter which affirms that the license application is under review, and an outdoor play area will not be required since the programs are less than three hours. No structural changes are proposed to the current facility. The staff is credentialed for employment in a licensed child care facility and the equipment, furnishings and materials meet all IL DCFS guidelines. Mr. Hoffman reviewed the special use criteria of the Village Zoning Ordinance noting that the use will not be detrimental or endanger other properties. The activities conducted will not be different from those that were originally approved for the special use for a play center. Second, since the opening of the facility six weeks ago, they have been a good neighbor and believe this use is an appropriate fit for the surrounding environment. The facility has not experienced any issues concerning parking or accessibility. The issue of note so far is that some first-time visitors have trouble locating the facility since there is no identification signage for the business at the street. Third, the use will not be injurious to the use of other property in the vicinity or otherwise negatively impact property in the area. Fourth, they are not proposing any additional structures or modifications either exterior or interior and expect no visible evidence of this additional use. Fifth, there will be no additional impact on utilities, access or otherwise as a result of the use. Sixth, they have not experienced any parking problems to date. The probable result from changing to a child care center would be to more evenly distribute the flow of traffic throughout the day. The schedule will spread out into two morning sessions which begin at 15 minutes apart. One midday program for kindergarten age care and possibly an after school program to start later in the day. In each case, many parents will not remain on site for the duration so that the average number of cars and parking demand may, in fact, be less than at present. Mr. Hoffman stated he believes this request benefits all parties affected by ensuring standards of health, safety and welfare are met through the oversight of IL DCFS. Commissioner Teplinsky asked how the proposed use differs from the use that was previously approved. Mr. Hoffman stated that parents are required to stay with their children at the current play center. By having designation as a child care center, parents would be allowed to leave the facility while children are involved in classes or programs. Commissioner Teplinsky asked if there are any actual changes to the way the business would be operating under the new designation versus what was previously approved. Mr. Hoffman stated about the only difference is that there would now be a license from IL DCFS. He further noted he originally thought the facility would be granted an exemption from licensing in that they were conducting classes for limited periods of time. Based on his recent call to the IL DCFS legal office in Springfield, he understands that IL DCFS is going to grant the exemption, but the agency director's review is required. He does not know when this action would be completed. Commissioner Teplinsky asked if there are any circumstances under which they could see a group of children staying in the facility more than the 3 hour block. Mr. Hoffman said no. Commissioner Stark asked if parents will be required to leave the facility during programs after the license as a child care center is in force. Mr. Hoffman stated the parents would have the option of staying or leaving. Commissioner Stark asked if the IL DCFS license would then enable the facility to operate as a day care center with full day programs. Mr. Hoffman stated only up to 3 hours because they have no outdoor play area. Commissioner Bocek asked if the Village needs to re-inspect. Mr. Pfeil commented that Brian Sheehan of the Building & Zoning Department has reviewed code issues including required bathroom facilities to ensure that the facility meets applicable standards for a child care center. At this point Village staff believes that the facility meets applicable code requirements. Commissioner Weinstein asked if this is re-approved as a child care center there is no need to worry about child proofing any more than it already is. Mr. Pfeil said the Village Building & Zoning Department will re-inspect after the new special use ordinance is approved, and IL DCFS will be inspecting the premises at unscheduled times. Commissioner Weinstein asked if this will change any requirements for staffing. Mr. Hoffman noted they must do criminal background checks and have certain education background and experience but they have already submitted all of that to IL DCFS. Mr. Hoffman stated they are operating on a temporary permit which is set to expire in about four weeks. He is at the mercy of IL DCFS completing what they have stated they would before that time. Commissioner Teplinsky asked if the effect of granting this request would have the effect of revoking the prior special use that was granted. Mr. Pfeil said he has not yet worked that through with the Village Attorney but clearly whatever is being done by the current special use needs to be encompassed and blended into the new special use for the child care. Commissioner Teplinsky noted that in order to protect Mr. Hoffman, what happens if for whatever reason IL DCFS does not issue the license. Would the special use which has already been passed remain in place or would he have to go through some sort of procedure again? Mr. Pfeil stated the Village Attorney will help clarify the scenarios and alternatives concerning the status of the original and modified special uses. Trustee Sussman asked the hours of the day care center. Mr. Hoffman stated they will stick to the current schedule which is 9:30 a.m. to 5:00 p.m. Trustee Sussman asked if a parent could then take a child out to lunch and then bring the child back for the afternoon session. Mr. Hoffman stated it may be possible and allowable within the statute but he has a hard time imagining it. Trustee Sussman asked if that means it would be over three hours that a child would be there or does each part count as a separate time and if so would outdoor equipment be needed. Mr. Hoffman stated it is an interpretive matter for the area licensing representative. He further stated that in all his time in this field he has not seen that kind of scenario. Commissioner Teplinsky noted the letter dated April 7, 2010 from Mr. Robert Taft is somewhat ambiguous in that regard. This once again brings the question as to what will be done if IL DCFS does not approve the license. Mr. Hoffman stated they have had several meetings with Mr. Taft and he understands the parameters. The understanding is that it is a three hour block of time. Commissioner Stark noted that the program schedule provided by Mr. Hoffman shows not activities on Tuesdays and Thursdays after 1:00 p.m. Mr. Hoffman stated that is correct. There being no further comments or questions from anyone else present, Vice Chair Smith closed the public hearing at 7:50 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Vice Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 05/05/2010 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION May 5, 2010 Kids & Company, 1425 Busch Parkway— Special Use for a Child care center in the Industrial District Vice Chair Smith called the meeting to order at 7:50 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Vice Chair Smith Ms. Bocek Mr. Teplinsky Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: Mr. Ottenheimer Mr. Khan Also present: Mr. Steven Hoffman, Enrichment Enterprises, Inc. Ms. DeAnn Glover, Village Trustee Ms. Beverly Sussman, Village Trustee Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Bocek, seconded by Commissioner Stark to approve the minutes of the public hearing of April 7, 2010. Commissioner Cohn noted a correction necessary on page 4, paragraph 4. All Commissioners were in favor of the amended motion and the motion passed unanimously with Commissioner Weinstein abstaining. Moved by Commissioner Teplinsky, seconded by Commissioner Cohn to approve the minutes of the regular meeting of April 7, 2010. Commissioner Cohn corrections required on page 2, last line on the page, page 3, fifth paragraph and sixth paragraphs as well as page 4, paragraph 10. All Commissioners were in favor of the amended motion and the motion passed unanimously with Commissioner Weinstein abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Cohn stated he attended the Village board meeting on May 3, 2010 and there were no referrals to the Plan Commission. However, he noted it was a disturbing and unsettling meeting. The issues being discussed were a Village ordinance to establish a protocol to preserve the principles of procedural due process and make sure residents have the opportunity to be heard. The dissenting vote from Trustee Stone seemed odd as she seemed more concerned about the ability of a Trustee to speak than the public's ability to be heard. Freedom of speech is not about the government talking but more about the government listening to the public and he feels that was lost. KIDS & COMPANY, 1425 BUSCH PARKWAY — SPECIAL USE FOR A CHILD CARE CENTER IN THE INDUSTRIAL DISTRICT Moved by Commissioner Teplinsky, seconded by Commissioner Weinstein to recommend approval to the Village Board of the petition for a special use for a child care center in the Industrial District pursuant to the petitioner's proposal to operate a child care center combined with the previously approved indoor play facility for children, which special use would be subject to issuance of a license by the Illinois Department of Children and Family Services (IL DCFS). Vice Chair Smith called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Teplinsky, Stark, Cohn, Myer, Weinstein NAYS:None ABSENT: Ottenheimer, Khan ABSTAIN: None The motion passed 7 to 0. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil said that the next meeting will be on May 19, 2010. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT Mr. Pfeil noted he distributed the environmental plan and it was reviewed by the Village board on May 3, 2010 and had various comments. The Board was interested in the overall topic and had a number of suggestions. The Village board of health will also be asked to review the plan as well as the Plan Commission. Commissioner Cohn noted this plan was very good and made the following suggestions: 1. The bikeway system would benefit from placards on the trail system to better identify areas. 2. More should be done to promote transit oriented development to create clusters of businesses that are all around each other rather than scattered around the community. 3. The state, local and federal environmental agencies all do various programs that promote things within local communities and some provision could be put in to continue to monitor what is going on at those agencies and see what programs they are creating that could affect us. NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Cohn, seconded by Commissioner Teplinsky and carried unanimously to adjourn. Vice Chair Smith adjourned the meeting at 8:03 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Vice Chair