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1990-11-28 - Plan Commission - Minutes PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION November 28, 1990 Group Homes in Residential Districts - Zoning Ordinance Amendments Vice-chairman Goldspiel called the meeting to order at 7: 30 p.m. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Members present: Vice-chairman Goldspiel Mr. Braiman Mr. Charlette Ms. Howard Mr. Krug Mr. Rhodes Mr. Rosenston Commissioners absent: Chairman Sheldon Mr. Rubin Also present: Deborah Holm, 515 Buckthorn Michael O'Malley, Village Trustee William Raysa, Village Attorney Robert Pfeil, Village Planner Vice-chairman Goldspiel read the notice of public hearing as published in the Buffalo Grove Daily Herald, explained the format of the meeting, and swore in all persons who wished to give testimony at the hearing. Commissioner Braiman stated that Commissioner Rubin had drafted a letter dated November 28, 1990 that Mr. Rubin requests be entered into the record of the public hearing in his absence. Commissioner Braiman read the letter, and noted that the main points of the letter were: to request that a video tape about group homes produced by the Illinois Planning Council on Developmental Disabilities be shown at the public hearing; an administrative occupancy permit shall Buffalo Grove Plan Comm.-Public Hearing-November 28, 1990 Page 1 be issued if the applicant meets all the listed requirements; that the number of residents in a home be limited to six per- sons ; and that a spacing requirement between group homes is advisable to adequately integrate the residents of the group homes into the neighborhood. Commissioner Braiman asked that Commissioner Rubin's letter be entered into the record as Exhibit 1 . Vice-chairman Goldspiel asked Mr. Pfeil to show the video tape as requested by Commissioner Rubin. Mr. Pfeil noted that the video tape is entitled "Good Neigh- bors, " and the subject is group homes for adults with devel- opmental disabilities. The video was produced by the Illinois Planning Council on Developmental Disabilities, and it is approximately 19 minutes in length. Mr. Pfeil stated that the video tape would be Exhibit 2 for the public hearing. After the video tape was shown, Vice-chairman Goldspiel asked Mr. Pfeil to review his memo dated November 21 , 1990 (Exhibit 3) which contains proposed text amendments to the Village' s Zoning Ordinance concerning group homes. Mr. Pfeil commented that the proposed amendments would add definitions for the following terms to the Zoning Ordinance: community residence, disability, family community residence, and group community residence. The definition of "dwelling unit" would be modified to include the term "community resi- dence. " He noted that a "family community residence" would allow eight unrelated persons with disabilities and profess- ional staff to live in a family-like environment in a dwell- ing unit. A "group community residence" would allow nine to fifteen persons with disabilities and professional staff to live in a dwelling unit. Mr. Pfeil explained that a "family community residence" would be a permitted use in the Residential Estate through the R-7 Dwelling Districts of the Zoning Ordinance, and a distance of 1 ,000 feet would be required between community residences. Applicants would have to demonstrate that the group home has obtained or is eligible for applicable licensing or certifi- cation. The Village would issue an administrative occupancy permit to each community residence. Any home that cannot meet all the Village requirements for a certificate of occupancy would need to request approval as a special use. Mr. Pfeil said that "family community residences" and "group community residences" would be permitted uses in the R-8 and R-9 Multi-Family Dwelling Districts. Residences would need to have appicable licensing or certification and obtain an ad- Buffalo Grove Plan Comm.-Public Hearing-November 28, 1990 Page 2 ministrative occupancy permit from the Village. A distance of 1, 000 feet would be required between residences. Any commun- ity residence that could not meet the Village's requirements would need to request a special use. Commissioner Rosenston asked why the proposed amendments would allow up to 15 persons in a group community residence. Mr. Pfeil stated that information provided by the Illinois Planning Council on Developmental Disabilities suggests 15 residents as the maximum for group residences. Commissioner Braiman inquired if State or Federal legislation requires providing group homes for nine to fifteen persons. Mr. Pfeil and Mr. Raysa agreed that the legislation does not appear to address specific numbers concerning residents of group homes. Commissioner Rosenston said he is concerned about situations such as an apartment building with three-bedroom units if group homes would be allowed in several units. Commissioner Braiman said the ordinance would require a 1, 000 foot distance between group homes. Vice-chairman Goldspiel commented that a home with nine to fifteen persons is more of an institutional setting than a family environment. Commissioner Rosenston said he is concerned with the possi- bility that townhomes and apartments in the R-8 and R-9 Dis- tricts could be used for fifteen persons because this is not typical of current multi-family living patterns in the Vill- age. Commissioner Braiman suggested that the ordinance use the same limit such as six or eight persons in a group home in all zoning districts, including multi-family districts. Vice-chairman Goldspiel asked if this would be discriminatory since nursing homes are allowed to have more than eight resi- dents. Mr. Raysa said it would not be discriminatory because nursing homes are not family units and a special use is required for a nursing home. Commissioner Braiman asked if the term "controlled substance" is defined, and if it includes alcohol. Buffalo Grove Plan Comm.-Public Hearing-November 28, 1990 Page 3 Mr. Raysa said the Zoning Ordinance does not define "con- trolled substance, " but the term is defined in the Munici- pal Code and State statute. Ms. Howard inquired if the proposed definition of "dis- ability" includes mental illness. Li Mr. Raysa said the term "disability" is defined on page 11 of the Community Residence Location Planning Act Compliance Guidebook published by the Illinois Planning Council on De- velopmental Disabilities. Mental illness is adressed in the definition, but alcoholism is not. The State's definition does not limit the term "disability" to only persons with mental retardation. Commissioner Braiman suggested that the proposed ordinance definition of "disability" use the definition on page 3 of the Illinois Municipal League's draft model zoning ordinance amendments. He inquired if this definition is intended to include persons with alcoholism. Vice-chairman Goldspiel commented that the professional lit- erature indicates that alcoholism is a disease. Commissioner Rosenston suggested that the definition of "dis- ability" include all developmentally disabled persons except persons using controlled substances. Vice-chairman Goldspiel said homes for the rehabilitation of persons with alcohol or drug abuse problems are occupied by transient residents who do not live at the home permanently. A family environment would be difficult to achieve in these types of rehabilitation homes. Mr. Raysa said the State's definition of "disability" does not include alcoholism. Commissioner Krug inquired how the proposed ordinance would regulate developmentally disabled persons living together without a supervisor in residence. Commissioner Rosenston said that type of living arrangement would be controlled by the definition of "family" concerning the number of unrelated persons who could live in a dwelling unit. Commissioner Braiman suggested that the word "eligible" be deleted from the ordinance text referring to an applicant's licensing or certification for a group home. Commissioner Rosenston said the ordinance should require a Buffalo Grove Plan Comm.-Public Hearing-November 28, 1990 Page 4 license or certification from applicable agencies instead of using the term "eligible. " Vice-chairman Goldspiel called for comments or questions from any one else in attendance at the hearing. Deborah Holm, 515 Buckthorn, asked if the Village's current limit of not more than two unrelated persons living as a fam- ily unit would apply to developmentally disabled persons who did not have a full-time resident supervisor, but who would be checked periodically by a caretaker. Vice-chairman Goldspiel said the Village is not setting up a licensing procedure for dwelling units; it is establishing a land use regulation with an administrative occupancy permit requirement. Commissioner Braiman commented that the Village Board may want to review the definition of "family" in the Zoning Or- dinance and possibly increase the number of unrelated persons who can live together in a dwelling unit. Commissioner Braiman said the proposed ordinance should be revised to require the zoning administrator to issue a cer- tificate of occupancy if all the applicable criteria for a group home have been met by the applicant. Also, the text should read that the zoning administrator shall revoke the certificate of occupancy if a home's license has been revoked or suspended. Mr. Raysa noted that the Village is not legally obligated to enact the proposed Zoning Ordinance amendments by any specif- ic date. He noted that the Illinois Planning Council is going to report to the State by January 31, 1991 concerning the status of home rule communities' actions to comply with the Community Residence Location Planning Act. There being no further comments or questions, Vice-chairman Goldspiel closed the public hearing at 8:45 p.m. Respectfully submitted, Robert E. Pfeil, Village Planner APP OVED BY: STEPH N GOLDSPIEL, VICE-CHAIRMAN Buffalo Grove Plan Comm.-Public Hearing-November 28, 1990 Page 5 SPECIAL MEETING BUFFALO GROVE PLAN COMMISSION November 28, 1990 Group Homes in Residential Districts - Zoning Ordinance Amendments Condell Medical Center, Immediate Care Facility, Lot 2 Woodlands Commerce Center The meeting was called to order at 8: 50 p.m. in the Municipal Building , 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Vice-chairman Goldspiel Mr. Braiman Mr. Charlette Ms. Howard Mr. Krug Mr . Rhodes Mr. Rosenston Commissioners absent: Chairman Sheldon Mr. Rubin Also present: Deborah Holm, 515 Buckthorn Patricia Austin, Condell Medical Center Thomas O'Connell , Legat Architects Kenneth Claes , Med-Com Development Michael O'Malley, Village Trustee William Raysa, Village Attorney Robert Pfeil , Village Planner APPROVAL OF MINUTES - None COMMITTEE AND LIAISON REPORTS Commissioner Krug said he attended the Village Board meeting on November 19 , 1990 at which the following items were dis- cussed: 1 . A proposal to build an anchor space at Town Center for a Phar-Mor discount store was reviewed, Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 1 but the Village Board wants more information on the project before it will be referred to the Plan Commission . 2 . A proposal for a drive-through bank facility at the Riverwalk office development was referred to the Plan Commission . A sign proposal for Riverwalk was referred to the Zoning Board of �./ Appeals. Vice-chairman Goldspiel said that he and Chairman Sheldon had attended a meeting in Libertyville concerning planning for commuter train service on the Wisconsin Central Railroad. He said the meeting was very productive because Metra, Pace, and Nortran were represented at the meeting. Commuter service as far north as Antioch is now being considered in the plan- ning process. Mr. Goldspiel noted that Nortran may be dis- solved by January 1 , 1991 , and the Northwest Municipal Con- ference will assume Nortran 's planning responsibilities. Commissioner Braiman commented that the pigs are scheduled to be removed by December 12th from the property at the north- east corner of Route 83 and Bank Lane. GROUP HOMES IN RESIDENTIAL DISTRICTS - ZONING ORDINANCE AMENDMENTS Moved by Commissioner Braiman , seconded by Commissioner Rhodes , to recommend approval of allowing group homes for persons with developmental disabilities in all residential zoning districts pursuant to amendments to Chapter 17 . 12 , Section 17 .40.020, Section 17 .40.030 , Section 17 .40.040, and Section 17 .40. 050 of the Buffalo Grove Zoning Ordinance, pursuant to Exhibits 1 through 3 presented at the public hearing, and subject to the following revisions to the proposed text of the ordinance amendments: 1 . The term "disability" shall be modified to comply with the language used in the Community Residence Location Planning Act of 1989, and as set forth on page 21 of the Compliance Guidebook dated May 1990 published by the Illinois Planning Council on Devel- opmental Disabilities. 2 . The definition of "community residence" shall be amended to state that group homes are not to serve Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 2 as an alternative to incarceration , and are not to be used as residences for persons with substance abuse problems or communicable diseases. 3 . The term "group community residence" shall be deleted from the proposed text amendments . 4. The proposed text shall be revised to state that a license from the State or other applicable agency is required in order for an applicant to obtain an administrative occupancy permit from the Village. 5 . The word "eligible" shall be deleted from the pro- posed text concerning the status of an applicant's license with the State or other applicable agency. 6 . The proposed text shall be revised to state that the Village' s Zoning Administrator shall revoke a certif- icate of occupancy for a group home if the home's or operator ' s license from the State or other appli- cable is revoked or suspended. 7 . The text shall be revised to state that community residences are limited to a maximum of six persons per residence. I 8. The text shall be revised to state that the adminis- trative occupancy permit is valid for only the period of time that a community residence ' s State or other applicable agency license is in effect. Commissioner Rosenston inquired if the maximum number of per- sons in a community residence should be increased to eight persons in larger homes such as four or five-bedroom houses . Commissioner Braiman noted that the video tape viewed at the public hearing and the statement from Commissioner Rubin in- dicate that a home with six persons is the best number for developmentally disabled residents. Commissioner Braiman inquired if the Commission would support an amendment to the motion to limit community residences to six persons plus staff . Commissioner Rhodes said he would accept the amendment. Mr. Raysa asked if the record of the public hearing shows why a limit of six persons is the advisable maximum for a home. Buffalo Grove Plan Comm.-Special Meeting-November November 28, 1990 Page 3 Commissioner Braiman said that Commissioner Rubin has indica- ted that his experience is that community residences with six residents including staff are the largest homes he has seen . Mr . Raysa recommended that a letter dated November 6 , 1990 from Mr. Richard Martens , an attorney representing the Vill- age of Oak Park, to Ms. Kerry Flynn of the Illinois Planning Council on Developmental Disabilities be entered into the re- cord as Exhibit 4. Mr. Raysa said that he knows Mr. Martens, and he is knowledgeable concerning the group home issue . Mr. Raysa noted that Mr. Martens ' letter indicates that Oak Park has twelve group homes, and the Village has experience in regulating this type of residence. Mr. Martens states in his letter that the Illinois Planning Council is wrong in finding Oak Park ' s plan of compliance with the State Commun- ity Residence Location Planning Act to be inadequate. Mr . Martens notes in his letter that U. S. Census data shows that most households in Oak Park have fewer than six persons. Mr. Raysa said the 1988 Special Census of Population for Buffalo Grove indicates that there were 9 , 969 owner-occu- pied households ; 194 of these households had six persons, 50 households had seven persons, and only 32 households had eight or more residents . He commented that if the Village is trying to integrate homes for developmentally disabled persons into the community, households of eight or more res- idents is not consistent with the Village 's pattern of house- hold size. Mr. Raysa recommended that the Village ' s Special Census of 1988 be entered into the record of the public hearing as Exhibit 5 . He noted that Mr. Martens ' letter states that there is no reason to support eight residents as the correct number of persons in a group home. Mr . Raysa said the eight-person number has been recommended by Daniel Lauber , a consultant for the Illinois Planning Council , be- cause Mr. Lauber believes this number is legally defensible. Commissioner Braiman amended the motion , seconded by Commis- sioner Rhodes, to limit community residences to a maximum of six persons, including staff. The vote on the motion as amended was as follows : AYES: Braiman , Charlette, Howard , Krug , Rhodes, Rosenston NAYES: None ABSTAIN : None ABSENT: Sheldon, Rubin The motion carried 6 to 0 . Commissioner Braiman made a motion , seconded by Commissioner Rhodes . to recommend to the Village Board that the Village Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 4 review the definition of "family" in the Zoning Ordinance concerning the number of unrelated persons who can live together in a dwelling unit, and this review should include consideration of situations where children or adults reside with guardians. The vote on the motion was as follows: AYES: Braiman , Charlette , Howard , Krug , Rhodes , Rosenston NAYES : None ABSTAIN : None ABSENT: Sheldon , Rubin The motion carried 6 to 0 . CONDELL MEDICAL CENTER IMMEDIATE CARE FACILITY AND MEDICAL OFFICES: LOT 2 ( party WOODLANDS COMMERCE CENTER Patricia Austin of Condell Medical Center introduced the project team, including Ken Claes of Medcom and Tom O' Con- nell of Legat Architects. Ms. Austin stated that Condell pro- poses to construct an immediate care facility for treating outpatients for illnesses or injuries . She noted that Con- dell Medical Center is a not-for-profit hospital . Ms . Austin indicated that rezoning from the Industrial District to the B-3 Planned Business Center District is being requested , and approval of the site plan for the care facility is also requested . Mr . O' Connell explained that the proposed site is part of Lot 2 in the Woodlands Commerce Center. The Zale Group owns Lot 2 and has designated three development parcels for the property ; the parcels are known as A , B, and C . Condell is proposing to develop parcel C. The immediate care facility is planned as a 28 , 000 square foot building which would include doctor ' s offices on the first and second floors. He noted that access to the site will be from a driveway at Route 22 across from Willow Parkway . Commissioner Goldspiel asked if approval of the proposed third floor of the building is being requested . Mr . O'Connell replied that approval is being requested only for the two-story building . Commissioner Goldspiel inquired if the facility would require more water and sewer service than the services previously planned for the site. Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 5 Commissioner Goldspiel said he is concerned about the pro- posed rezoning from the Industrial District to the B-3 Dis- trict. He said the Village needs industrial uses, and he needs to be convinced that the rezoning is appropriate. Mr. Pfeil explained that Village staff thinks B-3 zoning is appropriate for Lot 2 , and approved uses could be limited to uses that are compatible with the area. The remaining area of industrial zoning is relatively small , and may not be feasible for industrial development. i Condell ' s market study Austin said that Conde indicates that a medical facility can be supported at the proposed location . Commissioner Rhodes said the Zale Group indicated several years ago that Lot 2 would probably be developed for off- ice uses. Commissioner Goldspiel said he is concerned about more commercial and retail uses in the Village, and it appears that the balance of Lot 2 may be planned by Zale for these types of uses. The Village appears to have enough commer- cial development to serve residents, so additional sites for commercial and retail development probably aren 't needed . Commissioner Braiman inquired about the staffing of the pro- posed Condell facility . Ms. Austin said doctors affiliated with Condell would be at the facility , including emergency experts and pediatricians. Commissioner Braiman asked if all patients would be treated, including x-rays, even if their personal doctors don 't have privileges with Condell . Ms . Austin said all patients would be treated. Condell is now serving more and more Buffalo Grove residents, so a new facilityis needed for the community . Y Commissioner Rhodes noted that the Village Manager' s letter dated November 6 , 1990 cited concerns raised by the Village Board regarding the tax impact of the immediate care facility `./ when compared to other land uses that would generate more revenue for the Village from property taxes and possibly sales tax . Commissioner Braiman said he would like information concern- ing the difference in real estate taxes paid by a non-profit entity compared to a for profit entity. Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 6 Ms . Austin said Condell pays property taxes, but the immed- iate care facility would not generate sales tax. Commissioner Goldspiel said he would like a comparison of the tax impact of industrial land use compared to office use for this site . Commisioner Braiman asked about the height of the proposed building . Mr. O'Connell said the height would be 37 feet. Commissioner Rhodes said he would not want the Condell facil- ity to be higher than Fire Station 27 adjacent to the east of the site. Commissioner Rosenston noted that Fire Chief Allenspach ex- presses concern in his memo dated November 6 , 1990 about the transport of patients from the Condell facility to other facilities. The Fire Department will transport emergency pa- tients, but non-emergency patients must use private ambu- lance service. Commissioner Rosenston asked about the parking proposed for the facility if the third floor were added . Mr. O'Connell reviewed the Concept Plan dated November 5 , 1990 showing the grass area that would be converted to park- if additional floor space were added to the building . Commissioner Goldspiel said the additional parking would de- stroy the landscaping of the site, and access to the entrance of the building would be negatively affected. He said a fa- cility with a 24-hour operation is not an appropriate land use next to residential area. Commissioner Goldspiel said the parking lot appears to be a sea of pavement. Commissioner Rosenston suggested that the Condell facility be moved to parcel A or B of Lot 2 . This would provide more direct access from Route 22 , and it would be farther from the residential area north of the site. Commissioner Braiman said he thinks the facility is needed, but possibly the proposed site isn 't the right location . He indicated that the parking lot landscaping shown on the pro- posed plan needs to be improved . He asked if the amount of parking on the plan will be adequate to serve the demand. Commissioner Goldspiel suggested that parcel C be expanded to provide more room for landscaping and future building ex- pansion . Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 7 Commissioner Krug said he is concerned with the level of ac- tivity that will occur at the facility after 8:00 p.m. Ms. Austin said use at this type of facility falls off after 10 :00 p.m. Typically, less than ten percent of the patients are served between 10:00 p.m. and 7 :00 a.m. It is estimated �./ that the immediate care facility would serve 60 to 70 pati- ents. She commented that Condell is negoiating with the Zale Group to purchase parcel C of Lot 2 , and Zale has in- dicated that parcels A and B are not available for use for the immediate care facility. Commissioner Rhodes said he is concerned that the facility doesn 't fit in at this location. Commissioner Rosenston suggested that a berm needs to be developed on the north side of Lot 2 to screen the adjacent residential area from uses on parcels A, B, and C. Mr. O'Connell reviewed easements and planned utility lines for the northern portion of Lot 2 and said that it may be difficult to find space for a functional berm. Commissioner Rosenston said it is his opinion that the pro- posed third floor of the care facility will not be approved unless some of parcel B could be used for the plan. Commissioner Braiman concurred, and repeated his concern that the proposed parking lot landscaping is not adequate. Ms. Austin commented that the care facility will not have the same volume of ambulance traffic to the site that a hospital experiences. Commissioner Goldspiel summarized information that the Plan Commission expects for the next workshop: * documentation concerning the need for the facility at this location * information concerning proposed uses for parcels A and B * more detail concerning the proposed addi- tion of a third floor to the care facility * the type and timingof trips to the Yp P facility, particularly in late evening and early morning * the tax impact of the proposed use compared to alternate uses such as industrial , and clarification about the property taxes that would be paid by the facility Buffalo Grove Plan Comm.-Special Meeting-November 28, 1990 Page 8 * an improved landscaping plan * comments from the Police Department and Fire Department CHAIRMAN'S REPORT - None FUTURE AGENDA SCHEDULE Mr. Pfeil said the December 5th agenda would include the con- tinued public hearing for the child daycare home at 605 Pat- ton Drive, and a public hearing for the Weiland Road Indus- trial Park proposed by Abbott Contractors, with Illinois Bell Telephone being one of the tenants for the park. PUBLIC COMMENTS AND QUESTIONS - None STAFF REPORT - None ADJOURNMENT Moved by Commissioner Rosenston, seconded by Commissioner Braiman, and unanimously carried to adjourn . Vice-chairman Goldspiel adjourned the meeting at 11 p.m. Respectfully submitted , Robert E. Pfeil , Village Planner APPROVED BY: Iftoe S EP EN GOLDSPIEL, Vice-chairman Buffalo Grove Plan Comm.-Special Meeting-November vember 28, 199 0 Page 9