1990-11-07 - Plan Commission - Minutes PUBLIC HEARING
BUFFALO GROVE PLAN COMMISSION
605 Patton Drive - Child Day Care Home
November 7, 1990
Chairman Sheldon called the Public Hearing to order at 7 : 33 p.m. in
the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois .
Commissioners Present: Chairman Sheldon
Mr. Goldspiel
Mr. Rhodes
Mr. Braiman
Mr. Krug
Mr. Rubin
Mr. Charlette
Commissioners Absent: Ms. Howard
Mr. Rosenston
Also present: Mrs. Barbara Kozlowski, Petitioner
Mr. William Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
Chairman Sheldon read the Notice of Public Hearing as published in the
Buffalo Grove Herald, explained the format of the meeting, and swore
in Mrs. Kozlowski.
Mrs. Kozlowski explained that she had been licensed by the State and
provided day care in her home for seven years .
In response to questions from the Chairman, Mrs. Kozlowski stated the
fence in her rear yard is 4-ft. high. She cares for four children
full time and one part time, all between the ages of 2-1/2 and 5 , and
two of which are twins. She stated there are always two spaces
available in the driveway for cars to drop off and pick up children.
They arrive between 7 : 30 a.m. and 9: 00 a.m. and no two arrive at the
same time. Mrs. Kozlowski stated children are picked up between 4 : 00
p.m. and 5 : 00 p.m. and, again, no two cars arrive at one time.
Commissioner Braiman raised the issue of not having the Village ' s
inspection report prior to the public hearing. Mr. Pfeil stated that
the State licensing report would indicated there are no internal
problems so they ahve assumed the property meets Village safety
inspection standards.
Buffalo Grove Plan Commission-Public Hearing-November 7, 1990-Page 1
Commissioner Braiman noted that the special use is predicated upon the
meeting of all criteria and standards, the Village inspection being
part of that criteria. Discussion followed regarding the propriety of
approval prior to such inspection. Mr. Pfeil pointed out any approval
could be subject to successful completion of the inspection and the
petition would not be brought to the Village Board until inspection
was completed.
Chairman Sheldon requested interpretation by the Village Attorney as
to requirements relating to the timing of inspections. Mr. Raysa said
inspection is to be held prior to hearing but approval may be subject
to subsequent inspection.
Commissioner Braiman asked Mrs. Kozlowski if she would comply with all
requirements for the special use which she confirmed she had read and
with which she would comply.
Commissioner Braiman suggested any period covered by special use
approval coincide with the State license period.
Commissioner Krug requested clarification as to why the license was
issued to both Barbara and Eugene Kozlowski. Mrs. Kozlowski explained
that is pursuant to State requirements but her husband is not involved
in the care of the children.
Mr. Raysa requested clarification regarding the use of the name
"Jodefa" on the title policy. Mrs. Kozlowski explained that is her
middle name.
Chairman Sheldon called for public comments. Mr Steve Attenberg,
594 Patton, a resident for 23 years and living diagonally across the
street, expressed objection to the potential for Mrs. Kozlowski to
care for up to 8 children. He feels this allowance is too high and
with that number of people going in and out it would result in
limiting his property value by making his property less desirable for
sale by virtue of the fact it is across from such a business. He
further stated by inviting more people and traffic onto their street
safety was jeopardized.
Mr. Attenberg mentioned that a client of Mrs. Kozlowski had at one
time backed into his car and broke a tail light without reporting it
or taking care of it. Mr. Kozlowski explained it was not a client but
a friend who had caused the damage and a note had been left as well as
personal contact made to advise the Attenbergs of the damage, and it
L was his understanding the person who had caused the accident had
compensated the Attenbergs for repair.
Commissioner Rubin asked how many children had been cared for at any
one time during the seven years Mrs. Kozlowski had been in business.
Mrs. Kozlowski indicated up to 8 children including before and after
school children had been cared for at one time.
Buffalo Grove Plan Commission-Public Hearing-November 7, 1990-Page 2
Commissioner Rubin asked if there had ever been any Police reports or
complaints from other residents regarding the business. Mrs.
Kozlowski stated noe had ever been made, and noted she always plays
with the children in her back yard.
Commissioner Rubin asked if limiting the number of children she would
be allowed to care for to 4 or 5 would cause a hardship. Mrs.
Kozlowski indicated it would, noting the reason she had chosen State
licensing was so she could care for a larger number of children to
make the business viable.
Commissioner Braiman asked Mr. Attenberg if he could substantiate his
statement that his property values would be adversely affected if Mrs.
Kozlowski cared for up to 8 children. Mr. Attenberg stated it is his
feeling that it would curtain his ability to seel his home.
Marie Dobb, 625 Patton, a resident of the neighborhood for 21 years,
stated she feels the business is fine but the number allowed to be
cared for should be limited to 4 or 5. Her reason is based on the
fact that the neughborhood has changed to the type of family with 2 to
4 cars and traffic in the area is already increased. She, therefore,
feels the amount of traffic brought in by a residential business
should be limited.
Mr. Attenberg noted the presence of an RV and boat in the Kozlowski
driveway and on the lawn. Mrs. Kozlowski explained the RV is parked
in such a way that a full car can park behind the RV.
Commissioner Braiman suggested the Police Department review the
premises to determine if the RV and boat are properly parked according
to ordinance and whether there is sufficient space for a vehicle to be
parked behind the RV without blocking the sidewalk.
With respect to the issue of increasing traffic in the area, Mrs.
Kozlowski stated no more than 2 to 3 cars over a period of two hours
arrive to drop off or pick up children and not at peak traffic hours.
Commissioner Rubin inquired of Mr. Attenberg what number of children
to be cared for would be acceptable to him. Mr. Attenberg agreed
that a limit of 5 would be acceptable.
Following brief discussion regarding further information needed by the
Commission, a motion was made by Commissioner Braiman, seconded by
Commissioner Rhodes, to continue the public hearing to a date certain
of December 5 , 1990, at which time a health inspection report and Fire
Department inspection report should be presented as well as a report
from the Police Department regarding parking and traffic in the
neighborhood.
All Commissioners were in favor, with Commissioner Krug abstaining,
and the motion carried.
Commissioner Braiman confirmed that Mrs. Kozlowski would be permitted
to continue her business to the continued date of hearing.
Buffalo Grove Plan Commission-Public Hearing-November 7, 1990-Page 3
Respectfully Submitted,
ROSEMARY ALLEN, Recording Secretary
APPROVED BY:
BARBARA SHELDON, Chairman
Li
Buffalo Grove Plan Commission-Public Hearing-November 7, 1990-Page 4
REGULAR MEETING
BUFFALO GROVE PLAN COMMISSION
Deerfield Bakery
Cherbourg Unit 2, No. 42
Woodlands at Fiore, Unit 15
November 7, 1990
Chairman Sheldon called the Regular Meeting to order at 8 : 17 p.m. in
the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois.
Commissioners Present: Chairman Sheldon
Mr. Goldspiel
Mr. Braiman
Mr. Rhodes
Mr. Krug
Mr. Rubin
Mr. Charlette
Commissioners Absent: Ms. Howard
Mr. Rosenston
Also Present: Mr. Marc Schwartz, Batler and Schwartz
Mr. Chuck Bennett
Mr. Kurt Schmitt
Mr. Joseph Cohen, The Zale Group
Mr. William Raysa, Village Attorney
Mr. Robert Pfeil, Village Planner
APPROVAL OF MINUTES
Moved by Commissioner Charlette, seconded by Commissioner Rhodes to
approve the minutes of the Special Meeting of July 11, 1990. All
Commissioners were in favor, with Commissioner Goldspiel abstaining,
and the motion carried unanimously.
Moved by Commissioner Krug, seconded by Commissioner Rhodes, to
approve the minutes of the Public Hearing and Special Meeting, of
September 26 , 1990. All Commissioners were in favor, with
Commissioner Goldspiel abstaining, and the motion carried unanimously.
Buffalo Grove Plan Commission-Regular Meeting-November 7, 1990-Page 1
COMMITTEE AND LIAISON REPORTS
Commissioner Charlette reported on the Village Board meeting of
November 5, 1990, at which the following was discussed:
1. Tree surveys and tree standards.
2. Agreement with the owners of the Strathmore Shopping Center
to move the fence back 12 ft. by the school.
3 . Approval of the Post Office, Reservoir 7, and the Mormon R-4
Hoffman Homes parcel.
Matters to come before the Plan Commission in the future will be
the Condell Immediate Care Facility and Doctors Office Building at
Woodlands Commerce Center, Lot 2.
Chairman Sheldon noted that the trees to be removed from the Hoffman
Homes site will be sold to another developer in the Village.
DEERFIELD BAKERY, Southeast Corner of Buffalo Grove Road/Checker Road
Mr. Schwartz stated that the recent formalizing of plans for the post
office had significant impact upon the development and traffic low on
their original plan. He indicated they had, therefore, given
additional thought to the use of the property and are now looking to
create a single retail use building for the bakery only, rather than a
retail shopping center as originally planned. They would expect
later, then, to bring some of their production facilities into the
building.
Mr. Bennett explained the new layout for traffic flow designed to
avoid conflict with the post office, and outlined the parking layout
as well. He stated they will be providing a pickup area along the
north side of the building designed for expedient pickup by customers
of phone orders and standing orders.
In response to questions from the Commissioners, Mr. Bennett stated
it is a single-lane concept serviced at a manned window. The lane can
accommodate 8-10 cars. Mr. Bennett stated this is a new concept so
they have not determined if the window will also serve as a drive-thru
for coffee and donuts.
Chairman Sheldon indicated it would be necessary to make sure a car
could easily pull out of the drive-thru line to get to the parking
area in case their order is not ready or they need to enter the
bakery, in order not to cause a traffic jam.
L
Chairman Sheldon addressed the issue of a wholesale operation as a
permitted use in a B-5 district which allows only retail.
Mr. Schwartz explained that their plan provides for more square
footage to permit more baking operation from which they can then
supply to their other retail stores.
Buffalo Grove Plan Commission-Regular Meeting-November 7, 1990-Page 2
Commissioner Goldspiel stated he feels this changes the operation
to more of a manufacturing character which he believes is an
inappropriate use in the Town Center and would have an adverse impact
the neighboring facilities.
Mr. Schmitt outlined the activities planned for this facility which,
other than the type of operation currently provided by the Deerfield
facility, would primarily be preparing and supplying raw product to
the Deerfield facility which would then be baked off at that location.
It provides a centralization for their operation but not really a
change in that operation. The facility would provide for increased
Li need for storage and refrigeration.
Mr. Schwartz indicated the expanded facility and use does not change
the nature of their existing business in any way. He stated that just
because the clients they sell to are large, well-known establishments,
that does not make them a wholesaler to those clients.
In response to questions from Commissioners Goldspiel and Rhodes, Mr.
Schmitt explained that deliveries to the facility would be made by a
semi-trailer once a month or every two months for flour. Because of
the increased storage capacity, Mr. Schmitt estimated they would
receive three delivery trucks per week, not semi-size, as well as one
milk delivery per day. He stated they currently have two trucks at
their Deerfield facility plus a delivery truck.
Brief discussion followed regarding the type and amount of odor
emitted from a bakery. Mr. Schmitt stated their ovens are designed to
be self-contained in the building and there is no exterior exhaust.
With regard to the requested 12-ft. buffer, Mr. Schwartz explained
this is a variation request from the required 25-ft. buffer to
residential but is the same as the variation granted to Town Center as
it abuts the residential to the east.
Commissioner Goldspiel stated objection to reducing a buffer to
residential for an operation that begins at 4:00 a.m.
Mr. Schwartz stated that placing any building on this property and
providing screening, buffering and pedestrian orientation at the north
end as requested requires that the building be moved further south.
Commissioner Braiman noted the layout assists with the problem of
access off of Buffalo Grove Road and asked how access might be
provided to the property to the south.
Mr. Schwartz stated they would have no problem granting access to that
property but could not definitively state the design for that access.
Chairman Sheldon directed that the Village Traffic Consultant provide
opinion on the best method to provide that access.
Commissioner Braiman requested that the Traffic Consultant also review
the internal configuration of the angled parking in the lot, noting he
Buffalo Grove Plan Commission-Regular Meeting-November 7, 1990-Page 3
feels it is angled in the wrong direction. Chairman Sheldon indicated
they would require Police and Fire Department reviews as well prior to
the public hearing.
Commissioner Charlette stated he feels the back parking area should be
marked by signage for direction and form of entrance.
Commissioner Braiman requested confirmation that the detention area on
the new plan is a dry detention area.
Chairman Sheldon requested that for the public hearing further
information be provided regarding landscaping, particularly with
respect to the west side as a continuation of the green belt from the
post office through to the Rotary Village Green.
Commissioner Rhodes requested further information regarding the nature
and function of the drive-up operation.
Commissioner Goldspiel asked for a review of contemplated variation
requests.
Mr. Schwartz outlined the requests for ( 1) a 2-acre development rather
than 10-acres; ( 2) a 12-ft. buffer rather than 25- ft. ; ( 3 ) an
amendment to the zoning ordinance to allow this use in a B-5 district;
(4) permission for 67 parking spaces rather than the 68 required for a
straight B-5 retail use; and ( 5) a variation in side slope from 6 to 1
to 4 to 1.
Chairman Sheldon requested information be provided at the public
hearing as to how the use and facility ties into the Town Center and
promotes pedestrian access and use which could then flow to the Town
Center.
Commissioner Goldspiel noted that to improve pedestrian access it
would be advisable to continue the sidewalk at the north end rather
than break it off at the driveway.
Commissioner Rhodes requested information regarding the height and
design of the building. Mr. Schwartz stated the building is 35-36 ft.
at its peak and does not in any way affect the sight line to the
Church. The building will be basically masonry with use of heavy
timbers, cedar shakes and stucco.
In response to Chairman Sheldon, Mr. Schwartz stated trash would be
held within the building.
Chairman Sheldon indicated they should provide information on positive
tax revenue impact generated by their proposed use.
Discussion ensued regarding the impact of providing raw materials to
their other retail store and consequent determination of the point of
sale and its financial consequences.
Buffalo Grove Plan Commission-Regular Meeting-November 7, 1990-Page 4
Discussion followed regarding the reduction in lot size for the B-5
district and buffering requirements. Chairman Sheldon noted that the
ordinance had been designed to provide for review of this side of the
Town Center on a case-by-case basis, knowing it would require
reduction in lot size because it would be difficult to develop
otherwise.
Mr. Pfeil reviewed setback standards in other zoning areas as well as
standards for a B-5 District.
Commissioner Rhodes inquired about signage. Mr. Bennett stated they
plan to place a pylon sign at the northwest corner of the site as well
as a sign on the building itself. Chairman Sheldon noted they would
have to comply with signage requirements for the Town Center.
Commissioner Charlette asked and had confirmed that the bakery still
plans to provide office space for their own use above the bakery.
Cherbourg Unit 2, No. 42 - Plat of Resubdivision
Moved by Commissioner Goldspiel, seconded by Commissioner Braiman,
that the Plan Commission recommend to the Village Board approval of
the plat of resubdivision for Cherbourg Unit 2, Resubdivision No. 42,
dated 10/19/90.
At Commissioner Goldspiel' s request, Mr. Pfeil confirmed that the
Village staff has determined that the plat conforms to the preliminary
plan and the Village Engineer finds it complies with all other
requirements.
All Commissioners were in favor, and the motion carried unanimously.
Woodlands at Fiore, Unit 15 - Resubdivision Nos. 1 and 2
At Commissioner Goldspiel' s request, Mr. Pfeil explained that the
request was now only for a replat of Resubdivision No. 1 for Lots 855
and 856. The request for consideration of Resubdivision No. 2 was
withdrawn because it had not been drawn properly.
Mr. Pfeil explained that the replatting of Lots 855 and 856 was made
to accommodate a 3-car garage on one lot that would not otherwise fit.
Mr. Cohen detailed the change and the amended square footage of the
lots, stating Lot 855 will be reconfigures from 15, 030 sq. ft. to
15,284 sq. ft. , and Lot 856 from 16 , 220 sq. ft. to 15, 967 sq. ft.
Both resultant sizes fall within ordinance requirements.
A motion was made by Commissioner Goldspiel, seconded by Commissioner
Rhodes, that the Plan Commission recommend to the Village Board
approval of Woodlands at Fiore, Unit 15, Resubdivision No. 1, as noted
in Exhibit B, with a surveyor' s date of 10/15/90, and in accordance
Buffalo Grove Plan Commission-Regular Meeting-November g g r 7, 1990-Page 5
with Exhibit A, subject to the noting of the revised lot areas as
requested by Mr. Kuenkler.
All Commissioners were in favor and the motion carried unanimously.
CHAIRMAN' S REPORT
Chairman Sheldon presented a letter from the Liberty Township
officials inviting Plan Commission members and Village officials
to a meeting on November 15, 1990 to discuss the Wisconsin Central
Commuter Railroad line.
FUTURE AGENDA SCHEDULE
Mr. Pfeil stated there would be public hearings on November 14, 1990
to review the New Life Evangelical Lutheran Church and Westchester
Estates Phase 2.
PUBLIC COMMENTS AND QUESTIONS - None
STAFF REPORT - None
ADJOURNMENT
Moved by Commissioner Charlette, seconded by Commissioner Rubin,
to adjourn. All Commissioners were in favor and the motion carried
unanimously. Chairman Sheldon adjourned the meeting at 9: 45 p.m.
Respectfully Submitted,
ROSEMARY ALLEN, Recording Secretary
APPROVED BY:
Li BARBARA SHELDON, Chairman
Buffalo Grove Plan Commission-Regular Meeting-November 7 1990-Page 6
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