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2006-09-06 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 09/06/2006 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION September 6, 2006 891 Silver Rock Lane, R-4A Single Family Dwelling District Special use to operate a child day care home Chairman Ottenheimer called the meeting to order at 8:07 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Stark Mr. Podber Commissioners absent: Ms. Kenski-Sroka Mr. Teplinsky Mr. Cohn Also present: Mr. Lev Treybas Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the public hearing on 365 Stillwell Drive of August 2, 2006. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer, Bocek and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the public hearing on 15 Chestnut Terrace on August 2, 2006. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer, Bocek and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the public hearing on 325 Ronnie Drive on August 2, 2006. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer, Bocek and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the public hearing on 371 Springside Lane on August 2, 2006. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer, Bocek and Khan abstaining. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the regular meeting of August 2, 2006. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners, Bocek and Khan abstaining. COMMITTEE AND LIAISON REPORTS—None CHILD DAY CARE HOME AT 891 SILVER ROCK LANE, A SINGLE-FAMILY DETACHED HOME ZONED IN THE R-4A SINGLE FAMILY SWELLING DISTRICT Moved by Commissioner Smith, seconded by Commissioner Khan to recommend approval to the Village Board of the petition for approval of a special use to operate a child day care home at 891 Silver Rock Lane, a single-family detached home zoned in the R-4A Single Family Dwelling District, subject to: 1. Petitioner completing the item on Mr. Sheehan's list regarding the installation of a self- closing and self-latching gate on the east fence leading to the rear yard. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Khan, Stark, Ottenheimer NAYS: Podber ABSENT: Kenski-Sroka, Teplinsky, Cohn ABSTAIN: None The motion passed 5 to 1. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next scheduled meeting will be on September 20, 2006 where the main item on the agenda will be the Comprehensive Plan. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT—None NEW BUSINESS Chairman Ottenheimer noted that Commissioner Bocek had sent a detailed e-mail regarding the Estates at Hidden Lake with respect compliance with the Appearance Plan, and he asked if there had been any response. Mr. Pfeil stated that he and Mr. Schar, Village Building Commissioner, visited the Estates at Hidden Lake to review the items Commissioner Bocek had commented on. Mr. Schar believes that the subdivision is compliant with the Appearance Plan standards regarding the issues raised by Commissioner Bocek. He noted that he and Mr. Schar are available to meet with Commissioner Bocek, including a visit to the site, to review her concerns. ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Khan and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:15 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 09/06/2006 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION September 6, 2006 891 Silver Rock Lane, Buffalo Grove, Illinois Special Use for a child day care home Chairman Ottenheimer called the hearing to order at 7:30 p.m. in the Village Council Chamber, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer 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: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Stark Mr. Podber Commissioners absent: Ms. Kenski-Sroka Mr. Teplinsky Mr. Cohn Also present: Mr. Lev Treybas Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Memo from Mr. Pfeil to the Plan Commissioner dated September 1, 2006 Mr. Lev Treybas stated he has lots of experience with children and in Israel he was a manager of an after school program and a day care provider for many years. Here he began to work with children by teaching them Hebrew, Russian and Jewish traditions. He noted there is a great demand for these subjects and he decided to open a day care in his home. He now has his DCFS license and he works with another woman who also has her DCFS license and has about 15 years experience working in days cares. Chairman Ottenheimer asked how many children would be provided for. Mr. Treybas stated eight. Chairman Ottenheimer asked what the hours of operation would be. Mr. Treybas stated the hours will be from 7:00 a.m. to 6:00 p.m. Chairman Ottenheimer reviewed the special use criteria with Mr. Treybas noting: 1. The special use will serve the public convenience at the location of the subject property; maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. Chairman Ottenheimer asked how many children are signed up now. Mr. Treybas stated he has 4 children now and in 2-3 weeks he will have two or more. Chairman Ottenheimer asked if everyone drops off their children at the same time. Mr. Treybas stated he has a big driveway for six cars and he has no problem with parents dropping off kids. 1. The location and size of the special use, the nature and intensity of the operation involved in connection with the special use and the size of the subject property in relation to the special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located. Chairman Ottenheimer noted that means is there anything unique or special about Mr. Treybas' house that would cause a problem with the neighborhood if this type of use was utilized. Mr. Treybas stated he has no problems. Chairman Ottenheimer asked if any complaints about problems had come from any neighbors. Mr. Treybas stated no. 1. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property and will not substantially diminish and impair other property values in the neighborhood. Chairman Ottenheimer asked if the day care was operated only five days per week from 7:00 a.m. to 6:00 p.m. Mr. Treybas stated yes. 1. Adequate utilities, access road, drainage, and/or other necessary facilities have been or will be provided. Chairman Ottenheimer asked if there would be a strain put on the Village sewer system or the streets or traffic congestion due to this day care center. Mr. Treybas stated no. 1. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, hinder or discourage the development and use of adjacent buildings in the zoning district within which they lie. Chairman Ottenheimer asked if all the homes around this address were developed. Mr. Treybas stated yes. 1. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential use, and the entrance and exit driveways to and from these parking areas will not be such that they will cause traffic hazards, nuisances or congestion. Mr. Treybas stated no. Chairman Ottenheimer noted one outstanding issue relative to a gate in the back that is still outstanding according to Mr. Sheehan's letter. Mr. Treybas stated he needs to put on a new lock and he will be taking care of that. Commissioner Podber asked if the fence is on Mr. Treybas' property Mr. Treybas stated yes. Commissioner Podber asked if this was rental property. Mr. Treybas stated yes. Commissioner Podber asked if the landowner is required to be at the hearing if the petitioner does not own the property. Mr. Pfeil stated the landowner is not required to be here and he did sign the petition so the owner did authorize Mr. Treybas to proceed with the petition. Commissioner Podber asked if the Plan Commission has the right to question the owner of the property. Mr. Pfeil stated yes, if they were here but they are not compelled to be here. Mr. Raysa stated the owner is not compelled to be here but if the Plan Commission desires certain testimony from individuals you can always request it. Commissioner Podber asked if there would be any employees. Mr. Treybas stated he will have one person working with him with about 15 years of experience. Commissioner Bocek noted that the special use usually goes with the property and she asked what happens to the special use once this individual moves. Mr. Raysa stated a new case came down where a special use can go to the applicant and not necessarily run with the property. Commissioner Stark asked how long Mr. Treybas has been renting the property. Mr. Treybas stated he has rented for two years and he will be buying the property. Commissioner Smith asked if the Village knows where all the day care homes are located in the Village. Mr. Pfeil presented a list of the seven child day care homes currently operating that have been approved by the Village. Commissioner Smith stated that since we have been getting so many of these requests it might be prudent to decide how many such facilities are needed and put a limit somewhere based on the radius from each other. Mr. Pfeil noted that the current regulations give the Plan Commission the authority to assess the location of day care homes in relation to each other. The Commission could recommend against a new petition if it is determined that there would be an undue concentration of homes in a particular geographic area with unacceptable levels of traffic congestion or other impacts. Commissioner Podber asked where the four children Mr. Treybas has now are from. Mr. Treybas stated three are from Buffalo Grove and one from Wheeling. Chairman Ottenheimer noted his surprise at the small number of existing day care homes which he had thought was much larger. Chairman Smith stated there may be many out there that are not licensed by the Village. Mr. Pfeil noted that Brian Sheehan is continuing to work with DCFS to identify all homes in the Village that are licensed by DCFS. The information is not readily available due to privacy concerns by DCFS. Commissioner Khan noted that two sides of the fence are not on this property according to the plat of survey. Therefore if the neighbor decided to remove the fence, he would need to erect another fence on his property. Mr. Treybas stated he understood. Commissioner Podber asked if there is any requirement for the type and quality of fencing. Mr. Pfeil commented that the ordinance does not stipulate the type of fence, but screening is required adjoining other properties. The Village Health Officer inspects the properties, and would require remedial action if a fence is a hazard to children. Fences are typically board-on- board or chain link, and as long as they are in good repair they are considered safe. Ms. Anna Grosman, 540 Westley Trail, Wheeling, stated it is essential to her to have Hebrew, Russian and English culture taught and this is the only day care that does that which helps her daughter know both her and her husband's cultures. Mr. Vlad Alikov, 888 Thornton Ln., stated his wife is Israeli and it is important for his daughter to learn Hebrew which is provided here. Mr. Michael Vayner, 528 LaSalle Ct., stated that Jewish traditions and learning are provided here and that is very important to him. Mr. Kathy Swaringim, 680 Shady Grove Ln., noted she is looking for a child care provider but would need English to be spoken. We are not Jewish or Russian and I wonder if my child would be welcome. She asked why the other employee was not here. Chairman Ottenheimer stated Mr. Treybas is the one getting approval. The other person is his employee and it is not within the purview of the Plan Commission to tell people who they can or can't hire. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:07 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair