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2005-10-19 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 10/19/2005 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION October 19, 2005 Village Zoning Ordinance, Title 17 of the Municipal Code, Consideration of amendments concerning child day care homes in the R-8 Multiple Family District and the R-9 Multiple Family District Chairman Ottenheimer 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. 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 Mr. Khan Mr. Stark Mr. Cohn Commissioners absent: Ms. Bocek Ms. Kenski-Sroka Mr. Teplinsky Mr. Podber Also present: Mr. William Raysa, Village Attorney Mr. Steve Trilling, 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 October 13, 2005 Mr. Pfeil stated the current Village zoning regulations for child day care homes requires a special use if care is provided for more than three children. The special use is restricted to single-family detached dwelling units in the Residential Estate through the R-4 District. Currently the R-8 and R-9 Districts, which are generally intended for multi-family district use, do not list a special use for a child day care home in a single-family detached unit. Mr. Pfeil noted that there are five subdivisions in the Village with single-family detached homes zoned R-8 or R-9 Planned Unit Development (P.U.D.). Some residents of these single-family units might want the opportunity to provide child day care. It is staffs recommendation to change the R-8 and R-9 regulations to allow a child day care home as a special use in single-family detached dwelling units. . Commissioner Khan asked how this proposal differs from the one heard before a few months ago. Why is this change in the ordinance needed to accommodate this request? Mr. Pfeil noted that recent petitions reviewed by the Plan Commission have been for properties zoned in single-family districts such as R-5. A petition has now been filed by the owner of 621 Harris Drive, which is a single-family detached home zoned R-9 P.U.D in the Wellington Hills subdivision west of Buffalo Grove Road north of the Vintage subdivision. Wellington Hills was planned with a large open space area in the middle of the subdivision and the individual lots for homes are 6,000 square feet. Commissioner Khan asked if this lot meets current minimum standards for area and width. Mr. Pfeil noted that the property at 621 Harris Drive is 60 feet wide by 120 feet deep, which would be compliant with the minimum standards of the R-5 District. He commented that some of the single-family lots in the R-8 and R-9 subdivisions are as small as 6,000 square feet. Commissioner Khan asked if staff is making any recommendation to include townhomes and condos for child care use. Mr. Pfeil stated that staff is not recommending allowing child day care in townhomes or condominiums. He noted that townhomes, duplexes and condominiums are not legally eligible to apply for a special use for child day care. Chairman Ottenheimer stated he would like the record to reflect that notwithstanding the fact that he gave a summary of the order of presentation for testimony, there is no one in attendance from the public who wants to offer testimony or cross examination. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 7:45 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: 10/19/2005 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION October 19, 2005 Petition to the Village for approval of a special use to operate a Child day care home at 621 Harris Drive,zoned R-9 Planned Unit Development (P.U.D.) Chairman Ottenheimer called the hearing to order at 7:50 p.m. in the Village Council Chambers, 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 Mr. Khan Mr. Stark Mr. Cohn Commissioners absent: Ms. Bocek Ms. Kenski-Sroka Mr. Teplinsky Mr. Podber Also present: Ms. Iwona Rutkowski Mr. William Raysa, Village Attorney Mr. Steve Trilling, Village Trustee Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Letter of Community Members in Support of Iwona Rutkowski, undated Exhibit 2: Memo from Mr. Pfeil to the Plan Commission dated October 13, 2005, including health officer Sheehan's letter Ms. Rutkowski stated she has lived in the Village for the past eight years and has applied for a permit to care for children in her home. She stated she loves working with children and chose that as her career. She has worked with children in many different capacities for the past 20 years. For 16 years she was responsible for the care of 3 children in their home where she raised the children from infancy to the present. Several years ago she became a third grade teacher for Polish children in Chicago. She stated she works hard to structure the days so that they do not become restless or bored. She also works two mornings per week at the child care center at the Highland Park Health and Fitness Center on Deerfield Road. It was working there that made it clear to her that this is what she wanted to continue to do for a living. Ms. Rutkowski stated her plan is to have eight children and an assistant so there is always someone with the kids if one of them needs to leave for a moment to bring someone to the bathroom or other similar situation. She stated she will break the day into segments where they will be doing art projects, exercise, music, games, food and napping. At no time will the children be left alone. She further stated she would like to reassure her neighbors that the children will be under constant supervision and will not have the chance to become unusually loud or rowdy. She noted she takes pride in the fact that she is very good with the children and has a very good sense of what it takes to have a child grow up healthy and curious about the world. She stated she believes she will create a nourishing and loving atmosphere in her home that will benefit each child entrusted into her care. She noted that she has a two-story home with three bedrooms, one bath upstairs and down. There is also a kitchen and two other rooms downstairs. Commissioner Khan asked what the status of the state license is. Ms. Rutkowski said that she is waiting for DCFS to complete the review on her license. She indicated that she has applied for a license to care for 8 children. She commented that DCFS wants to wait to issue the state license until after the Village zoning approval has been granted. Commissioner Khan asked where the kids would nap. Ms. Rutkowski stated she will have cribs set up downstairs. Commissioner Cohn reviewed the six special use criteria necessary for approval and asked if: 1. The special use Ms. Rutkowski is proposing will serve the public convenience at the location of the subject property or will the establishment, maintenance or operation of the special use not interfere or endanger the public health, safety, morals, comfort, or general welfare; Ms. Rutkowski answered yes. 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it be in harmony with the appropriate, orderly development of the district in which it is located. Ms. Rutkowski answered yes. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in that district. Ms. Rutkowski answered yes. 4. The nature, location and size of the home involved with the establishment of the special use will not impede, hinder or discourage the development and use of adjacent land or buildings in the zoning district. Ms. Rutkowski answered yes. 5. There are adequate utilities, access road, drainage, and/or other necessary facilities. Ms. Rutkowski answered yes. Commissioner Cohn asked how the parking will work and how people will drop off their kids and then pick them up. Ms. Rutkowski stated that there is space on her driveway for up to four cars. She noted that people would not all come at the same time to drop off and pick up the children. People would arrive between 6:00 a.m. to 9:30 a.m. and the pick ups in afternoon and evening would also be staggered. Chairman Ottenheimer noted that the memo from Village Health Officer Brian Sheehan lists 12 items that need to be repaired or installed. Chairman Ottenheimer asked if these items have been completed. Ms. Rutkowski stated the items have almost all been completed. She is now waiting for a permit for an electric smoke detector. Commissioner Stark asked if Ms. Rutkowski has already hired an assistant. Ms. Rutkowski stated she has two close friends who will be working with her on a part time basis. Commissioner Stark asked if the license from DCFS is for the site or the day care provider. Mr. Pfeil stated that DCFS evaluates the providers on site as well as the site. The DCFS licensing process documents the individuals who are providing care for the children. Commissioner Stark asked about the age range of the children. Ms. Rutkowski stated she thinks they will be from age 1 to 4 or 5, although she cannot have more than three infants at one time. Commissioner Stark asked if the people identified in Exhibit 1 are Ms. Rutkowski's neighbors. Ms. Rutkowski stated they are not next door neighbors but live within a few blocks of her home. Commissioner Stark asked if Ms. Rutkowski had spoken to her immediate neighbors about this. Ms. Rutkowski stated she had and no one seemed to mind. Commissioner Smith asked about the schedule for obtaining the DCFS license. Ms. Rutkowski said that she has filed the required documents, and she is waiting for a response from DCFS. The most recent submittals included her certifications for CPR and first aid training. She has been told the next step would be fingerprinting for her and her husband. DCFS has indicated that they will wait to issue the license until the Village has approved the zoning. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:10 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 10/19/2005 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION October 19, 2005 Village Zoning Ordinance, Title 17 of the Municipal Code, consideration of Amendments concerning child day care homes in the R-8 Multiple Family District and the R-9 Multiple Family District Petition to the Village for approval of a special use to operate a Child day care home at 621 Harris Drive,zoned R-9 Planned Unit Development (P.U.D.) Chairman Ottenheimer called the meeting to order at 7:45 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Smith Mr. Khan Mr. Stark Mr. Cohn Commissioners absent: Ms. Bocek Ms. Kenski-Sroka Mr. Teplinsky Mr. Podber Also present: Mr. Iwona Rutkowski Mr. William Raysa, Village Attorney Mr. Trilling, Village Trustee Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the regular meeting of September 7, 2005. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Smith, seconded by Commissioner Stark to approve the minutes of the regular meeting of October 5, 2005. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioner Khan and Chairman Ottenheimer abstaining. COMMITTEE AND LIAISON REPORTS—None VILLAGE ZONING ORDINANCE, TITLE 17 OF THE MUNICIPAL CODE, CONSIDERATION OF AMENDMENTS CONCERNING CHILD DAY CARE HOMES IN THE R-8 MULTIPLE FAMILY DISTRICT AND THE R-9 MULTIPLE FAMILY DISTRICT Moved by Commissioner Smith, seconded by Commissioner Stark to recommend approval of Zoning Ordinance text amendments to allow a child day care home as a special use in single-family detached dwelling units in the R-8 and R-9 Districts. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Khan, Stark, Cohn, Ottenheimer NAYS: None ABSENT: Bocek, Kenski-Sroka, Teplinsky, Podber ABSTAIN: None The motion passed 5 to 0. Chairman Ottenheimer suspended the meeting at 7:50 p.m. Chairman Ottenheimer reopened the meeting at 7:52 p.m. CHILD DAY CARE HOME ZONED R-9 P.U.D., 621 HARRIS DRIVE Moved by Commissioner Smith, seconded by Commissioner Khan to recommend approval to the Village Board of a petition for a special use to operate a child day care home at 621 Harris Drive, a single-family detached home zoned R-9 Planned Unit Development, subject to a favorable inspection by health officer Brian Sheehan and completion of the 13 items noted in his letter of September 16, 2005 as well as the securing of a license from DCFS. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Khan, Stark, Cohn, Ottenheimer NAYS: None ABSENT: Bocek, Kenski-Sroka, Teplinsky, Podber ABSTAIN: None The motion passed 5 to 0. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next regular meeting date would be November 2, 2005; however, no developer item appears to be ready for that agenda so it may be necessary to cancel that meeting. PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT— Mr. Pfeil noted a handout pertaining to training opportunities available for the Commissioners. The newsletter article about the community opinion survey will be published and released later this month. NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Khan and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:10 p.m.