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2006-08-02 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 08/02/2006 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 2, 2006 365 Stillwell Drive Special Use for a child day care home in the R-5A District Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to have Commissioner Smith Chair the public hearing and regular meeting. All Commissioners were in favor of the motion and the motion passed unanimously. Vice Chairman 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 Chairman Smith read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the pubic hearing, and swore in all persons who wished to give testimony. Commissioners present: Mr. Smith Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Podber Commissioners absent: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Cohn Also present: Ms. Sophia Farbman Mr. William Raysa, Village Attorney Mr. Jeffrey Braiman, Village Trustee Mr. Brian Sheehan, Village Health Officer Mr. Robert Pfeil, Village Planner Ms. Farbman stated she is the resident at 365 Stillwell Drive and has been doing day care in her home for 14 years. She stated she used to work at the Lutheran General Hospital day care for 5 years in the infant/toddler room. Ms. Farbman stated she takes kids from the ages of 6 weeks to almost 4. She stated she provides for all the childrens' needs as well as hot lunches and many activities in addition to an excellent playground. Commissioner Stark asked what has changed in the last 14 years. Ms. Farbman stated her license is for 8 kids and at the moment she only has 4-5 kids for the summer. Not very much has changed in 14 years. She noted she takes 2-3 infants and the rest of the children are ages 2-3. She further noted she works from 7:00 a.m. to 5:00 p.m. whereas it used to be until 6:00 p.m. Commissioner Stark asked if these people have contracted with her for her services. Ms. Farbman noted she has a contract with every parent. She further noted her husband works with her all day. Commissioner Teplinsky asked if Ms. Farbman was still currently licensed by DCFS. Ms. Farbman stated yes. Commissioner Teplinsky asked if there have been any complaints made to DCFS or any other authority. Ms. Farbman stated no. Commissioner Teplinsky asked if any neighbors had raised any concerns about the operation of the day care. Ms. Farbman stated she has not had any problem with the day care operation but she has a different kind of neighbor problem which the neighbor will speak about later. Ms. Lynn Bouska, 373 Stillwell Dr., stated she has no problem with the day care being next door and Ms. Farbman is a great person. She stated she has lived in her house since 1975 and she has a small vinyl sided shed in the back. There is also a chain link fence in her yard. She noted the Village had Ms. Farbman put a taller wood fence in for the day care, one-foot away from her fence that has many weeds because she cannot get into the area between the fences. Also, every year Ms. Farbman gets new wood chips for the back yard for the playground and over the years Ms. Bouska's property has been getting more water in the back yard and it averages about 7 inches of water that has nowhere to drain. Ms. Bouska noted a large tree in another neighbor's back yard has fallen, partly on Ms. Farbman's garage. This was rebuilt as was the play yard which also lies underneath this tree. A portion of the tree is still lying on Ms. Bouska's fence. She is concerned for any kids playing near the fallen tree. She noted that her major concern is the stormwater every year in her yard and she wonders if the yearly fresh wood chip additions are causing this problem. Mr. Pfeil said he will ask the Village Engineer to inspect the properties to determine if there is anything that can be corrected concerning stormwater flow. He said that he will also check with the Public Works department to see if Com Ed or Comcast is responsible for removal of the fallen tree. Ms. Farbman stated that the wood chips have been replaced to comply with the Village's regulations concerning the play area for the children. She noted that she used to have water in her back yard also. She said that if someone can advise her concerning correction of the stormwater problem, she is more than willing to do anything necessary. There being no further comments or questions from anyone else present, Vice Chairman Smith closed the public hearing at 7:55 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Vice Chairman Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 08/02/2006 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 2, 2006 15 Chestnut Terrace Special Use for a child day care home in the R-4 District Vice Chairman Smith called the hearing to order at 8:00 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman 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: Mr. Smith Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Podber Commissioners absent: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Cohn Also present: Lyubov Frumkin Mr. William Raysa, Village Attorney Mr. Jeffrey Braiman, Village Trustee Mr. Brian Sheehan, Village Health Officer Mr. Robert Pfeil, Village Planner Ms. Frumkin stated she has operated her day care for almost 6 years and she has 8 kids during the day. Commissioner Teplinsky asked how many kids she cares for. Ms. Frumkin stated now she has 8 kids during the day and she allows 4 kids before school and after school. Commissioner Teplinsky asked if there have been any neighbor complaints or disturbances. Ms. Frumkin stated no and as a matter of fact many of her neighbors' children used to be in her day care. Commissioner Teplinsky asked what the street congestion is like in that area. Ms. Frumkin stated it is not bad. Commissioner Stark noted the health officer of the Village has noted that all items in a previous inspection have been corrected and asked what those items were. Ms. Frumkin stated the gate did not have the right closing in the backyard and that has been fixed. Commissioner Stark asked how things have changed over the last 6 six years. Ms. Frumkin stated there have been no changes. Vice Chairman asked her hours of operation. Ms. Frumkin stated she is there from 7:00 a.m. to 6:00 p.m. Mr. Valensky, 71 Chestnut Terrace, stated both of his children went Ms. Frumkin's day care center and he can testify that her services are very useful especially for those children who do not speak English yet but can socialize with children who do to obtain the necessary skills. There being no further comments or question from anyone else present, Vice Chairman Smith closed the public hearing at 8:07 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Vice Chairman Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 08/02/2006 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 2, 2006 325 Ronnie Drive Special Use for a child day care home in the R-5A District Vice Chairman Smith called the hearing to order at 8:10 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Vice Chairman 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: Mr. Smith Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Podber Commissioners absent: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Cohn Also present: Natalie Koslov Mr. William Raysa, Village Attorney Mr. Jeffrey Braiman, Village Trustee Mr. Brian Sheehan, Village Health Officer Mr. Robert Pfeil, Village Planner Ms. Koslov stated she has an Early Childhood degree from National Louis University. She further stated she has 4 biological children who are all grown, 5 adopted children of which one is grown up and out of the house. The other adopted children are 17, 14, 12 and 5. She has been doing day care since 1978 and she used to own Poco Loco in Wheeling. She had a very handicapped foster child at the time who was very handicapped. She was not able to facilitate him at her day care center so she sold the business and decided to do home day care. She has no problem with parents picking up their children or parents paying for the daycare. In Wheeling she was doing quite a bit of free daycare. She stated she is a corporation and is licensed by DCFS. She belongs to the food service alliance and she is certified in food service sanitation for restaurant service and she also has completed bus driver training course for transporting children if that ever became necessary. She has also been checked out by the Board of Education due to her affiliation with the food service alliance. Commissioner Stark noted the Health Officer's letter dated July 31, 2006 it noted all corrections of a previous inspection had been made. He asked what those items were. A new gate was put in. An old pipe in the ground was removed and cots stored in the furnace room were moved away. In addition a larger fire extinguisher was necessary and that was done. Commissioner Stark asked how many children are being cared for now. Ms. Koslov state she runs 7-8 per day although she is licensed for 11. The reason she is licensed for 11 is because the food alliance will reimburse her for a maximum of 12 children. If she has 4 children for breakfast and 6 children for dinner, they will reimburse for all the children. But if she is licensed for only 8 she does not get reimbursed. Also if you are licensed by DCFS for more than 8 children, you must have certified helpers. She stated she has 4 people working for her two at a time. Commissioner Stark asked how long she had been operating the day care without the zoning approval. Ms. Koslov stated she did not know she needed it. DCFS told her what she needed to do which she did. Mr. Brian Sheehan stated he got a call from the Village Police Department who had received a complaint from the Forest Preserve Police Department regarding an incident which took place at a lake in Lake County which is how he became aware of the day care operation. Ms. Koslov stated there were no day children involved in the incident. She stated her 5 year old is a handicapped child. He is deaf and one of her workers took him and two of her other children to the lake. He ran for the water and my helper screamed but, of course, he does not hear. When she got to him she lifted his chin and said he could not go to the water. People got scared but they did not realize he was deaf. Commissioner Stark asked what the maximum number of children she has had in one day. Ms. Koslov stated she has registered 10 children but they do not all come on the same day. Occasionally her own grandchildren come to visit. Commissioner Teplinsky asked where the employees park. Ms. Koslov stated they park in h r driveway. Commissioner Teplinsky asked how many children are cared for at any one time. Ms. Koslov stated she usually has 7 or 8. Commissioner Teplinsky asked if all the children are from Buffalo Grove. Ms. Koslov stated about one half. Commissioner Stark asked if Ms. Koslov has ever had any problems with the fencing facing up to Buffalo Grove Road. Ms. Koslov stated no. Vice Chairman Smith noted Ms. Koslov's license states she can have a maximum of 11 children, but he asked what the maximum number of children are at any one time. Ms. Koslov stated she never has more than 8 day care children. However, her grandchildren do occasionally come over. Ms. Laura Magee, 257 Woodstone Circle, stated she has used Ms. Koslov for 7 years due to the safe, healthy, happy environment. She stated she is a professional herself and has checked out many day cares. Ms. Annette Wax, 401 Ronnie Drive, stated she has several issues. First, her employees do not park in the driveway but rather on Ronnie Drive. She further noted there was an accident on Buffalo Grove Road and Thompson where a car ran through the fence and knocked down a swing set. She stated she knows Ms. Koslov has foster children and one child who is no longer there chose to run to the street with his bicycle and was on Thompson with no supervision. She noted she actually had to step out of her van because he was directing traffic on Thompson Boulevard with no supervision. She stated her main issue is the traffic problem on Ronnie Drive and the safety of the neighborhood children there. Mr. Cohn, 333 Ronnie Drive, stated he would like to reiterate that there are plenty of cars on the street. He asked if the Village license for 8 children includes your own children or 8 day care children. Vice Chairman Smith stated she question will be addressed in the next segment. Ms. Meredith Goodman, 601 Indian Spring Lane, stated she is a K-9 certified math teacher and her child is cared for by Ms. Koslov. Ms. Koslov is highly recommended. She feels it is a very safe environment and feels her child is getting a very high educational experience being with children with disabilities. Ms. Lisa Mariotti, 721 Heatherdown Way, states she has been with Ms. Koslov since 1998 and notes she is well prepared and is caring and on top of every situation. She stated her children enjoy being there. As far as speeding on the street, there are several residents living on the street show fly down the street regularly. There are teenagers on the street who fly down the street also. Policing and ticketing the residents on the street might be a positive move for the safety of all the children who live on that block. Mr. Dave Pallister, 520 Buffalo Grove Road stated he runs a repair service and whenever Ms. Koslov calls he is there to fix it. He stated she really goes out of her way with child safety and does a great job with the kids. Ms. Beth McCullogh, 890 Dorncliff Lane stated Ms. Koslov runs a clean and neat home and she has a system that the kids follow. In terms of the traffic, there is just a lot of traffic that comes off of Buffalo Grove Road at Thompson. Mr. Rick Borstein, 337 Ronnie Drive, stated he has heard good things about parents who take their kids to Ms. Koslov. He noted traffic is a concern in the mornings but it is workable. He noted some incidents that have occurred and he is not really sure if it is the day care children or others. There was one incident last year where kids were throwing eggs at cars and across the street. It has not happened since. However, he is concerned with the total number of children moving in and out of the house. Ms. Becky Koslov stated she is Ms. Koslov's daughter in law and visits often. She noted she is a great care provider. She stated there is routine there and the children are never left alone. She noted her children grow with the day care children and it is a great environment for all. Mr. Chin Lin, 329 Ronnie Drive, stated he has known Ms. Koslov since he moved in next door. He stated they have used Ms. Koslov's services both in Wheeling and here. He stated she is loving and well versed in day care. Vice Chairman Smith noted it seems there are two issues to deal with. One would be parking by the employees on the street. He asked if Ms. Koslov would tell them to park only on her driveway. Ms. Koslov stated yes, of course. Ms. Koslov stated she had a foster boy and when he was about 15-16 it was difficult to keep him in the house. It was also very difficult to place him. He now lives in Skokie where there are women around the clock to watch him. Occasionally she brings him back on a Sunday to visit. He has now been gone almost four years. Ms. Wax stated her issue is not with the fact that there was a child with Down 's syndrome. Her issue was with the fact that there was no supervision outside when he was on his three wheel bicycle and standing in the middle of the street. There were possibly too many children around to handle. Ms. Koslov stated she ended up having a one on one person in to watch the child. Just as soon as she was able to place him, she did. Vice Chairman Smith noted there are some valid issues raised with the number of children being cared for. Obviously the DCFS license allows up to 12 children. Ms. Koslov stated she will comply with the Buffalo Grove rule of 8. Vice Chairman Smith noted there can only be 8 and that includes any family members. Ms. Koslov stated she understands. Commissioner Kenski-Sroka noted there is a stipulation in the Buffalo Grove ordinance that there should be no more than 12 children in any 24 hour day which would include Ms. Koslov's own children and grandchildren. Mr. Raysa suggested introducing Mr. Pfeil's memos and various items. Moved by Commissioner Kenski-Sroka, seconded by Commissioner Teplinsky to include the memo from the Village Health Officer regarding the proposed day care center at 325 Ronnie Drive and Mr. Pfeil's memo regarding the petition. All Commissioners were in favor of the motion which passed 4 to 1. There being no further comments or questions from anyone else present, Vice Chairman Smith closed the public hearing at 8:45 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Vice Chair Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 08/02/2006 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 2, 2006 371 Springside Lane Special Use for a child day care home in the R-4A District Vice Chairman Smith called the hearing to order at 8:50 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Vice Chairman 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: Mr. Smith Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Podber Commissioners absent: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Cohn Also present: Ms. Regina Liberman-Diamond Mr. William Raysa, Village Attorney Mr. Jeffrey Braiman, Village Trustee Mr. Brian Sheehan, Village Health Officer Mr. Robert Pfeil, Village Planner Ms. Liberman-Diamond states she has been doing day care for at least 15 years in Des Plaines and here. She has run her day care here in Buffalo Grove for the past 8 years. She stated she does a lot of academics and creative activities. She is licensed by DCFS. Commissioner Stark asked about what items or problems were referred to in the Health Officers letter needing correction. Ms. Liberman-Diamond stated the children were outdoors when a few parents came by to check out the day care. Therefore she ended up having more than eight kids in the backyard when the Health Officer happened to come. Commissioner Stark asked how many children are in this day care and if there is any help. Ms. Liberman-Diamond stated she has 8 kids and she has assistants in the form of her mother and aunt. Commissioner Stark asked what the hours of operation are. Ms. Liberman-Diamond stated the hours are 7:00 a.m. to 6:00 p.m. Commissioner Stark asked if there had been any complaints or comments from neighbors. Ms. Liberman-Diamond stated no. Mr. Sheehan stated he was at the property on May 22, 2006 in response to an anonymous complaint that stated there appeared to be many more than the 8 children at the property. Upon the inspection there were 17 children present in the rear yard and four adults. He noted he spoke to Ms. Liberman-Diamond about that at the time and he also relayed that information to DCFS. He is stated he is not sure why the people were there as he only knows they were there at the time. Ms. Liberman-Diamond noted the people from DCFS have already come and they were more than happy with the day care. Commissioner Teplinsky asked if DCFS periodically comes by unannounced. Ms. Liberman-Diamond stated yes, absolutely. Commissioner Teplinsky asked if they had ever found more than 8 children at any unannounced visit. Ms. Liberman-Diamond stated no. Commissioner Kenski-Sroka asked how often Mr. Sheehan makes inspections on licensed day care homes. Mr. Sheehan stated they make periodic inspections in addition to the licensure inspection. They also go out on calls for complaints. He noted he does work closely with the DCFS rep. He noted DCFS has different standards for licensing and the current licensing is for 12 at this property but our rules only allow 8. If DCFS did an inspection and found 12 children they would think not anything of it. Vice Chairman Smith asked what was said by Ms. Liberman-Diamond on the day he stopped in. Mr. Sheehan stated she did say at the time that this was a one time thing and the people there were checking out the center. However, the complaint that came in which he was responding to did not come in the day he was out there and had actually come in a day or two previous. Ms. Eileen Spiegel, 361 Springside Lane, stated Ms. Liberman-Diamond has been a wonderful neighbor. She stated she does hear children in the backyard but that is mostly the squeals of laughter. The children are always supervised and she provides programming for them and she has the parents come and watch these programs. On those days the parents park on the street even though I have offered my driveway and there has never been a problem. Ms. Dorley Sabol, 330 Springside Lane, stated she has seen the day care children holding hands and walking down the street. They all stop when told to showing good control over the children in a positive way. She works supremely well with the children in her house and she is a wonderful day care provider. Ms. Rosie Makagon, 2832 Whispering Oaks Drive, stated she has been taking her children to this day for twelve years. She stated Ms. Liberman-Diamond provides an invaluable service to the community. The level of personal service provided cannot be compared to organized large day cares. The kind of educational activities and structured programs she runs do not compare with many other day care centers. Mr. Boris Luchinsky, 2197 Tanager Court, Deerfield, stated he has used the day care for eight years. He stated his daughter was very well prepared for school. Moved by Commissioner Kenski-Sroka, seconded by Commissioner Teplinsky to enter Mr. Brian Sheehan's letter dated July 23, 2006 and Mr. Pfeil's memo dated July 28, 2006 into evidence. All Commissioners were in favor of the motion. There being no further comments or questions from anyone else present, Vice Chairman Smith closed the public hearing at 9:07 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: 08/02/2006 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION August 2, 2006 Child Day home in the R-5A District, 365 Stillwell Drive Child day care home in the R-4 District, 15 Chestnut Terrace Child day care home in the R-5A District, 325 Ronnie Drive Child day care home in the R-4A District, 371 Springside Lane Villas of Hidden Lake—Final Plat Vice Chairman Smith called the meeting to order at 7:55 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer(present for review of Final Plat for Villas at Hidden Lake) Mr. Smith Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Podber Commissioners absent: Ms. Bocek Mr. Khan Mr. Cohn Also present: Ms. Sophia Farbman Ms. Lyubov Frumkin Ms. Natalie Koslov Mr. Regina Liberman-Diamond Mr. Jeffrey Braiman, Village Trustee Mr. William Raysa, Village Attorney Mr. Brian Sheehan, Village Health Officer Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES—None COMMITTEE AND LIAISON REPORT—None CHILD CARE HOME IN THE R-5A DISTRICT, 365 STILLWELL DRIVE Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to recommend a petition for re-authorization of a special use to operate a child day care home at 365 Stillwell Drive, a single-family detached home zoned in the R-5A Single Family Dwelling District. Mr. Raysa noted the memo from Mr. Pfeil dated July 28, 2006 should be introduced at this meeting as well as the public hearing as well as the report from Brian Sheehan dated July 12, 2006. Vice Chairman Smith asked that the record reflect the items. Commissioner Kenski-Sroka stated the testimony presented tonight would appear to meet the criteria for special use in that serves the public convenience at the location. It is not injurious to the use and enjoyment of other property in the immediate vicinity and there appear to be adequate utilities, access roads. The drainage issue will be reviewed and there is no special need for parking. In point of fact this is a re-authorization of a special use permit that has previously been approved. Vice Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Smith, Kenski-Sroka, Teplinsky, Stark NAYS: Podber ABSENT: Ottenheimer, Bocek, Khan, Cohn ABSTAIN: None The motion passed 4-1. Vice Chairman Smith reconvened the regular meeting at 8:07 p.m. CHILD DAY CARE HOME IN THE R-4 DISTRICT, 15 CHESTNUT TERRACE Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to recommend approval to the Village Board of a petition for re-authorization of a special use to operate a child day care home at 15 Chestnut Terrace, a single-family detached home zoned in the R-4 Single Family Dwelling District, subject to the memo from the Village Planner dated July 28, 2006 as well as the letter from the Village Health Officer dated 31, 2006. Commissioner Teplinsky stated that based on the special use criteria for child day care homes and the special use criteria generally in the Village he finds that the petitioner has met the criteria and has been operating since 2000 and there is a need in the Village for the services she offers and she is properly licensed by DCFS and her facilities have been inspected by the Village and found acceptable. Vice Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Smith, Kenski-Sroka, Teplinsky, Stark NAYS: Podber ABSENT: Bocek, Khan, Cohn, Ottenheimer ABSTAIN: None The motion passed 4 to 1. Vice Chairman Smith re-opened the regular meeting at 8:45 p.m. CHILD DAY CARE HOME IN THE R-5A DISTRICT, 325 RONNIE DRIVE Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to recommend approval to the Village Board of a petition for approval of a special use to operate a child day care home at 325 Ronnie Drive, a single-family detached home zoned in the R-5A Single Family Dwelling District, subject to: 1. There being no more than 12 children in a 24 hour day and no more than 8 children at any one time, including the family's natural or adopted children and all other persons under the age of 14 years. Commissioner Podber stated this is a perfect example of a system that has gone out of control. This is a well intentioned petitioner who wants to help children but she is doing it in a residential neighborhood. The people who live there bought homes thinking they were going to have a home in a residential neighborhood not an operating business. In addition there is a staff of four and there is constant motion in the neighborhood. This is clearly an extension of running a business in a residential neighborhood. Why not take a situation like this and put it into any one of 20-30 commercial places in the Village and have it operated as a center. It is operating as a center and it does not belong in a neighborhood. It places a strain on the residents. He noted he feels this way about all the other child day care home petitions that have come up. Commissioner Stark stated he has gone through the home day care route and he could not disagree more with Commissioner Podber. He stated he has never noticed any traffic issues or more than one car in the driveway at any one time. He stated he feels all questions were answered and the limitations on the number of children are such that this petitioner meets the criteria for the special use. Commissioner Kenski-Sroka noted she too was troubled by some of the things brought out in the public hearing but it is apparent that the petitioner meets a need within the community and that the children are not endangered and that while there may be increased traffic on the street, there is increased traffic on all the streets and she cannot be bound by that alone. With the restrictions as to the parking and the number of children in the home at any time she will give a positive recommendation. Commissioner Teplinsky stated the Village Board by enacting Section 17.28.060 of the zoning ordinance has decided that there are certain circumstances in which it is appropriate for a child day care facility to be included in a residential area. The way in which we keep it from running poorly is by determining whether the petitioner has met the criteria of a special use. Frankly of all the petitions he has seen so far this one is probably the most compelling. He noted he believes this petitioner has met the special use criteria set forth in the statute and he will give a positive recommendation. Mr. Pfeil requested clarification concerning whether the motion includes control of employee parking. Commissioner Teplinsky stated there was not, but he will amend the motion on its face to require the employees to use the off-street parking on the day care home property. Commissioner Kenski-Sroka seconded the amendment to the motion. Vice Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Smith, Kenski-Sroka, Teplinsky, Stark NAYS: Podber ABSENT: Bocek, Khan, Cohn, Ottenheimer ABSTAIN: None The motion passed 4 to 1. Vice Chairman Smith re-convened the regular meeting at 9:07 p.m. CHILD DAY CARE HOME IN THE R-4A DISTRICT, 371 SPRINGSIDE LANE Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to recommend approval to the Village Board of a petition for a re-authorization of a special use to operate a child day care home at 371 Springside Lane, a single-family detached home zoned in the R-4A Single Family Dwelling District, subject to: 1. The criteria in Section 17.12.141 of the Village Zoning Ordinance related to the number of children she can care for at any one time. Commissioner Podber stated he will vote no on this. He stated this is a second example of a day care provider that has extended beyond what they agreed to do with the Village. We know for sure that one day there were 17 kids on the premises and we also had a complaint about more than 8 kids previously. We don't really know how many kids are there. He feels all the testimony as to the wonderful nature of the services is entirely irrelevant because those services could be provided in a non-residential area. We have evidence tonight of two situations out of the many petitioners that come to use that where the sense of being in a residential district is being violated. He stated he is aware of the ordinance allowing for special uses in zoned areas. If we don't stand up and blanket approve every zoning that comes before us it is like having no zoning at all. Commissioner Kenski-Sroka stated she will give a positive recommendation because it is apparent the petitioner has met the criteria for a special use for a child day care home and the parameters limiting the number of children has been made subject to the motion. We have also been advised by Mr. Sheehan that there are unannounced inspections and that is sufficient policing of the situation to prevent any abuse of the number of children in the home. Commissioner Teplinsky stated he would like to note that there were any neighbors who showed up to testify negatively on this matter for any reason at all. Vice Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Smith, Kenski-Sroka, Teplinsky, Stark NAYS: Podber ABSENT: Bocek, Khan, Cohn, Ottenheimer ABSTAIN: None The motion passed 4 to 1. VILLAS OF HIDDEN LAKE—FINAL PLAT Moved by Commissioner Kenski-Sroka, seconded by Commissioner Teplinsky to accept the Villas of Hidden Lake — Final Plat, subject to the clarification of the location of the walkway easement and the revised public utility and Village Easement Provision noted to denote the location of needed easements and the revised dedication depicted for Buffalo Grove Road and Deerfield Parkway to conform with LCDOT plat requirements. Commissioner Kenski-Sroka noted there is also a provision where the existing vegetation will remain undisturbed other than for walkway construction. Chairman Ottenheimer stated he is very concerned with the landscape plan and how deep the tree line will be and he would like more clarification. There have been other petitioners that have come before the Commission and made various representations about saving vegetation and landscaping, and it does not necessarily hold true. The Commission took a lot of care when reviewing the tree preservation plan for this development, and he does not feel there is enough detail to approve the landscape plan. Mr. Pfeil said the landscape plan is the current version of the final landscaping plan. It has been reviewed extensively by the Village Engineer and the Village Forester. He said that he realizes the plan does not show a "tree by tree" level of detail showing which trees will be saved, but there is a great emphasis on this property to preserve as much as possible within the defined area. The Village Forester has to have some discretion when he evaluates field conditions with the project landscaper. A tree might be in such poor condition that even though it looks big and has some green on it, but it is really not prudent to save it. The administration of the tree preservation plan and landscape plan depends on the judgment of the landscape professionals in saving as much as possible, but being able to make appropriate modifications in the field. He noted that the Village Engineer and Village Forester are making every effort to achieve as much tree preservation as possible on this property. Chairman Ottenheimer noted the question is on the cross hatch section we have, how many feet do they go back. Do they go back 3 feet, 5 feet or 10 feet? This is what he honestly cannot tell. Mr. Pfeil noted that the preservation is generally about 30 feet wide. Commissioner Podber stated he still feels there are too many houses on this site although it is too late now to change the land plan. On future development reviews, he will be more sensitive to big houses being so close to each other. Vice Chairman Smith called for a vote on the motion and the vote was as follows: AYES: Smith, Kenski-Sroka, Teplinsky, Stark, Podber NAYS: None ABSENT: Bocek, Khan, Cohn ABSTAIN: Ottenheimer The motion passed 5 to 0. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil noted the next regularly scheduled meeting will be held on August 16, 2006. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Kenski-Sroka, seconded by Commissioner Teplinsky and carried unanimously to adjourn. Vice Chairman Smith adjourned the meeting at 9:20 a.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: ERIC SMITH, Vice Chair