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2005-07-06 - Plan Commission - Minutes Board or Commission: ❑ Plan commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 07/06/2005 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION July 6, 2005 Child day care home in the R-5A District, 1201 Brandywyn Lane 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 Ms. Bocek Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Cohn Mr. Podber Commissioners absent: Mr. Khan Also present: Ms. Oksana Levi Mr. Trilling, Village Trustee Ms. Glover, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit 1: Letter from John and Jane Wernick, dated July 6, 2005 to the Village of Buffalo Grove Plan Commission Exhibit 2: Memo from Mr. Pfeil dated July 1, 2005 with attachment of pictures of the facility Exhibit 3: Series of letters dated July 3, 2005, July 4, 2005, and two undated, submitted by petitioner in favor of the day care center Ms. Levi stated she has moved to Buffalo Grove and would like to open a day care center for eight children. She stated she has been planning this for a while and DCFS came by the house to check it out. They have approved the house and gave some things that needed to be worked on for safety. Commissioner Bocek stated she believes it is necessary to be licensed by the State and asked if Ms. Levi has such a license. Ms. Levi stated she has applied for the license and completed all the paperwork; however DCFS stated she needed to obtain approval from Buffalo Grove and then she can proceed to continue for DCFS licensing. Commissioner Bocek stated she believes the Plan Commission approval would be predicated on receiving DCFS licensing. She also noted there are some letters from neighbors showing no objection to the day care. Ms. Levi noted there are some concerns from some neighbors regarding the children's safety and some fencing issues. She noted that these matters would be taken care of. Commissioner Teplinsky asked about Ms. Levi's background and experience in child care. Ms. Levi stated she came to the U.S. 15 years ago as a nurse and her first job was at Miseracordia where she has a license to work with special needs children. She then worked at Holy Family for nine years and now works at Lifewatch where she is a cardiopulmonary stenographer. Commissioner Teplinsky asked what Ms. Levi's background is with respect to taking care of young children as a day care provider. Ms. Levi stated she loves children and will do her best to take care of them. Commissioner Teplinsky asked if she had any experience in operating or working in a day care environment. Ms. Levi stated no although she has cared for neighbor's children. Commissioner Teplinsky asked how long she has been living on Brandywyn. Ms. Levi stated she bought the house about six months ago but has not moved in until she remodels. Commissioner Teplinsky noted Ms. Levi used to live on Dannet in Buffalo Grove and noted she had requested a fence variance at that time and he seemed to recall some discussion about day care at that time. Ms. Levi stated she has never applied for a child day care home and has never operated one out of the Dannet address. Commissioner Kenski-Sroka asked Ms. Levi if she was a registered nurse. Ms. Levi stated she was a registered nurse in her country and took an exam here and worked at Holy Family as a registered nurse. Commissioner Kenski-Sroka asked about the status of the Village health inspection done about three weeks ago. Ms. Levi stated she needed an additional step put in to the entrance of the home which has not been done as it depends on this outcome. The step is fine without fixing if it is only herself living there. She noted she has gotten estimates for same and it will be done. Commissioner Kenski-Sroka asked what the status of the fence for the rear yard. Ms. Levi stated she will have the whole yard fully fenced as required. Commissioner Smith asked if Ms. Levi has a list of people who want her services now. Ms. Levi stated she will register on the computer as soon as she gets a license but does not have anyone at the moment. Commissioner Smith asked how many kids she wants to watch. Ms. Levi stated she was told she is allowed 8 children and would like to have that many Commissioner Smith asked what hours would be involved. Ms. Levi stated it will be from 6:00 a.m. to 5:00 or 6:00 p.m. Not all parents come at 6:00 a.m. and it would be scattered in the mornings. Commissioner Cohn asked if there will be any employees. Ms. Levi stated there would be one employee. Commissioner Cohn asked if Ms. Levi knew of any other home day care facilities nearby. Ms. Levi stated there are none nearby. Commissioner Stark asked if the changes requested by Mr. Sheehan would be installed only if approval is given for this day care. Ms. Levi stated these things are only needed for small children. Commissioner Stark asked about the employee. Ms. Levi stated that would be in the future if she found it necessary. Commissioner Kenski-Sroka asked Ms. Levi when she planned to fully move into the residence. Ms. Levi stated next month. Commissioner Bocek noted the special use criteria must be discussed as to compliance. Chairman Ottenheimer noted there are certain requirements that must be met when asking for a special use. Ms. Levi read each item of the criteria and responded as follows: 1. She stated she will protect the children and not jeopardize them in any way while they are in her care. 2. Kids will not be running on to the street and she will respect her neighbors and not allow any cars to block driveways. 3. Her house will be in a neat condition and taken care. 4. She is not making any alterations to the house. 5. Structure is already in place and she will make proper improvements as required by the state and the Village health officer. 6. She will be making up schedules for the parents so they do not all come at the same time and two or so parents coming at the same time can park in the driveway. Ms. Levi stated she is sorry if the neighbors are concerned but she will make all necessary adjustments as required and will always work it out with the neighbors. Commissioner Podber asked if there is any fencing in the rear at all. Ms. Levi stated no, just a lot of bushes. Commissioner Podber noted that the fences on either side belonged to the neighbors and they could choose to remove those. Commissioner Podber asked if Ms. Levi had an estimate for putting up a fence and if she had spoken to anyone about installing a fence. Ms. Levi stated she did not have any estimates to date but had called companies regarding installation. Commissioner Podber asked if Ms. Levi has an Illinois license as a registered nurse. Ms. Levi stated yes. Mr. John Wernick, 1187 Brandywyn Lane, asked if the petitioner if a licensed registered nurse by the State of Illinois. Ms. Levi stated yes. Ms. Wendy Perchonok, 1222 Gail Drive, stated she has a big dog and although there is lot of bushes kids would be able to get through and get onto her property. She noted she also has a trampoline and is worried that her dog and play area would be an attraction for kids and wants the assurance that a fence would be put up and is attractive. She also noted that if parents need to be at work at a certain time they may be coming around the same time and that would cause traffic problems and parking problems. Ms. Levi stated she would try to work that out. Mr. John Wernick, 1187 Brandywyn Lane, stated he lives immediately south of the proposed day care home and he is opposed to the use of an in home child day care center. The criteria for special use noted there should entrance and exit driveways to and from parking areas that shall be designed to prevent traffic hazards and eliminate nuisance and minimize traffic congestion in the public streets. He stated he sees this as a problem for the public street as there is a driveway that would be inadequate for more than two cars at any given time. If there are already two cars in the driveway, another car behind them will block the driveway. Once the sidewalk is blocked, children walking to and from school and anyone else walking on the street will likely walk in the street which creates a dangerous situation. No amount of scheduling can overcome what time the other person actually shows up to pick up their kids. Using the street as a waiting area would also block vision and create congestion and a hazard. Brandywyn is a busy street and is home to Prairie school which is only about three blocks away. Additionally, there is a commercial day care center about '/z block away that also creates traffic. Mr. Wernick stated there is a TV antenna on the roof which is lying on the roof on one leg. It is dangerous as it is and certainly if there are children there. It is also apparent that repairs and safety issues are not being identified and fixed. Before the house is opened to more individuals there needs to be more evidence that the person can keep the house in a state of excellent repair, especially if it is going to be a child care center. Mr. Wernick noted a play area is required in the rear of the yard which requires a fence of at least 4 feet in height property screened and landscaped. There is no such enclosed area now. The fences on the sides are owned by other and are picket type in nature. The dog can stick their nose through the fence or the children can stick their hands through the fence which creates a dangerous situation. He noted that if his fence is going to be used as a safety gadget for someone else's commercial endeavor he will remove it. Mr. Wernick stated he is also concerned with employees and visitor parking who may clog up the street which will create congestion and hazards. Lastly, if this is to be a home based child day care center, someone needs to be actually living there and that is not the case now. If approved, it would be a commercial enterprise in a residential zone. He would first like to see that someone is creating a home in the neighborhood before they operate a business out of it. Mr. Wernick stated he is not aware of other child care homes in the area but it is important to point out that there are two licensed child care centers within a '/z mile of this location, namely Kinder Care and Children's World and he does not see a need at this location that will serve the public's interest. Within a five minute drive there is also the JCYS and the Chabad who are providing child care. Commissioner Teplinsky stated there are three day care facilities in the area because the Plan Commission did approve a home day care center at 320 Thompson Boulevard. Commissioner Cohn asked where the traffic on Brandywyn comes from. Mr. Wernick stated the Devonshire community would either be exiting through Banbury Street and onto Brandywyn if they want to come to Deerfield Parkway. Thompson Boulevard also empties onto Brandywyn Lane with people coming from all of the different side streets that feed off of Thompson. Many of those streets are residentially landlocked. There are school buses that serve Prairie school, Twin Grove School and possibly Stevenson High School Mr. Martin Scott, 1186 Brandywyn Lane, stated that traffic is a primary problem. Brandywyn is not particularly wide and if there are cars parked it can create a jam. The size of the driveway and people backing in and out causes him concern. The driveway location and width of the road does not seem to support a full time home day care center. He further noted there does not appear to be a huge demand for day care as his child's day care closed due to low enrollment. Ms. Levi stated she will not make it difficult for anyone and will complete whatever repairs are necessary. Mr. Sid Lovejoy, 1243 Brandywyn Lane, stated this is a residential neighborhood and does not see a need for businesses here. Starting a day care means a playground and he values his backyard privacy and peace and quiet. Brandywyn Lane is an actual racetrack and this house is right on the curve that causes many problems. He noted there are kids walking to school and a handicapped child and he certainly does not think the extra noise and commotion is needed. Mr. Lovejoy noted he has witnessed a day care start at his parent's home and everyday there were cars coming with slamming doors, gunned engines and intolerable traffic. In addition there was constant noise from the kids. He does not want to wake up every morning to screaming kids. He stated the proposed day care is a business and will change the total complexion of the neighborhood and that is not what is intended. Ms. Levi stated she spoke to the lady with the handicapped child who gave her a letter stating she is pleased to have a day care center. Commissioner Bocek asked if she will be quitting her current job in order to start this day care. Ms. Levi stated yes. Commissioner Teplinsky asked who would be living in the house. Ms. Levi stated she would be there along with her daughter and they plan to move in next month. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:35 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: 07/06/2005 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION July 6, 2005 Child Day care home in the R-5A District, 1201 Brandywyn Lane Riverwalk North-Final Plat of Subdivision and Plat of Vacation Concerning streets Chairman Ottenheimer called the meeting to order at 8:35 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 Ms. Kenski-Sroka Mr. Teplinsky Mr. Stark Mr. Cohn Mr. Podber Commissioners absent: Mr. Khan Also present: Ms. Oksana Levi Mr. Trilling, Village Trustee Ms. Glover, Village Trustee Mr. Willliam Raysa, Village Attorney Mr. Robert Pfeil, Village Planner Mr. Greg Summers, Associate Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Bocek to approve the minutes of the public hearing of May 4, 2005. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Teplinsky, seconded by Commissioner Kenski-Sroka to approve the regular minutes of May 4, 2005. All Commissioners were in favor of the motion and the motion passed unanimously. Moved by Commissioner Smith, seconded by Commissioner Bocek to approve the regular minutes of June 1, 2005. Commissioner Bocek stated she would like the 5th paragraph to state that she said "because the same architect"..."however,"... All Commissioners were in favor of the amended motion and the motion passed unanimously. COMMITTEE AND LIAISON REPORTS -None CHILD DAY CARE HOME IN THE R-5A DISTRICT, 1201 BRANDYWYN LANE Moved by Commissioner Teplinsky, seconded by Commissioner Smith to recommend approval to the Village Board of the petition for approval of a special use to operate a child day care home at 1201 Brandywyn Lane, zoned in the R-5A One-Family Dwelling District, subject to: 1. All appropriate licensing by the Department of Children and Family Services and compliance with the criteria set forth in the June 22, 2005 letter to Ms. Levi by Brian Sheehan, Health Office for the Village of Buffalo Grove 2. Limited to no more than 8 children Commissioner Kenski-Sroka stated she is troubled that at this point in time the residence is not owner occupied and none of the provisions that have been outlined by the Village health officer have even been undertaken. She stated she gets the feeling the petitioner is not fully committed to this plan because she has not taken any steps toward putting the fencing in and all the other repairs and cannot therefore support the petition. If the petitioner were to come back in six months from now, living in the home and having made the necessary repairs she would be willing to reconsider. Commissioner Teplinsky noted he is not concerned that none of the work has been done on the property yet because he can understand why the petitioner might not want to put a fence around her home if there is no approval for the special use. However, he has a hard time justifying the need and the special use criteria that the "public convenience will be served at the location" because there has been no testimony of any need at this location and there are at least three day care facilities within 7-8 blocks of that location. Commissioner Bocek stated she is concerned about the lack of child care experience. She also agrees with Commissioner Teplinsky and noted she does not see anyone inquiring about day care, especially with some of the other day care facilities in the area. Commissioner Cohn stated there are three facts that concern him: 1. Petitioner has no familiarity with the neighborhood and typically with a home day care, people usually live in the neighborhood first and then open a home day care. 2. The ordinance allows us to consider the number and location of other child day care homes and there are two within a half mile that have been identified and perhaps 1-2 others. 3. There is a real traffic concern here. Commissioner Stark noted that Brandywyn can be a race track at times. His biggest issue is with the fencing especially since one part of the fence belongs to a neighbor. If that neighbor decides to take it down, it would create a problem. He further stated there does not appear to be a great need here. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Ottenheimer, Smith, Bocek, Kenski-Sroka, Teplinsky, Stark, Cohn, Podber NAPES: None ABSENT: Khan ABSTAIN: None The motion failed 8 to 0. RIVERWALK NORTH—FINAL PLAT OF SUBDIVISION AND PLAT OF VACATION CONCERNING STREETS Moved by Commissioner Teplinsky, seconded by Commissioner Smith to approve the Final Plat of the Riverwalk North Plat of Vacation of Certain Public Streets, Easements and Building Lines. Chairman Ottenheimer called for a vote on the motion passed unanimously with Commissioners Cohn and Podber abstaining. The motion passed 6 to 0. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil stated the next regular meeting will be July 20, 2005 PUBLIC COMMENTS AND QUESTIONS—None STAFF REPORT NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Teplinsky, seconded by Commissioner Smith and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:50 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair