2024-10-21 - Ordinance 2024-097 - APPROVING A SPECIAL USE FOR A CHILD HOME DAYCARE IN THE R–5 RESIDENTIAL ZONING DISTRICT �
` ORDINANCE 2024-097
�� /�
BUFFAL�J AN ORDINANCE APPROVING A SPECIAL
� �� USE FOR A CHILD HOME DAYCARE IN THE
� R-5 RESIDENTIAL ZONING DISTRICT
AKSHAYA SUBRAMANI
11 CHEVY CHASE DRIVE
WHEREAS the Village of Buffalo Grove is a home rule unit pursuant to the
Illinois Constitution of1970; and
WHEREAS he real property ("Property") is zoned R-5, and is occupied by a
single-family detached residence commonly known as 11 Chevy Chase Drive, and is
hereinafter legally described in Exhibit B; and
WHEREAS Nithyananthan Sellakumarasamy and Akshaya Subramani are the
owners of the Property; and
WHEREAS Akshaya Subramani ("Petitioner") who resides at the Property has
petitioned the Village for a special use to operate a child home daycare at the
Property; and
WHEREAS the Village Planning &Zoning Commission conducted a public
hearing on September 18, 2024, concerning the petition for approval of the Special
Use; and
WHEREAS the Planning & Zoning Commission made findings and
determined that the petition meets the criteria for Special Uses and Special Uses for
Home Daycares as set forth in the Buffalo Grove Zoning Ordinance, as described in
the minutes attached as Exhibit D; and
WHEREAS the Planning & Zoning Commission voted 9 to 0 to unanimously
recommend approval of the requested Special Use; and
WHEREAS the President and Village Board of Trustees after due and careful
consideration have concluded that the proposed Special Use is reasonable and will
serve the best interest of the Village; and
WHEREAS the proposed use shall be operated in accordance with and
pursuant to the following exhibits:
EXHIBIT A Petitioner Acceptance and Agreement concerning the Special
Use for the Child Day Care Home at 11 Chevy Chase Drive
EXHIBIT B Legal Description of the Property
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EXHIBIT C Plan Set
EXHIBIT D Draft Minutes from the September 18, 2024, Planning & Zoning
Commission Meeting
NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees of the
Village of Buffalo Grove, Cook and Lake Counties, Illinois, as follows:
SECTION 1. This Ordinance is made pursuant to and in accordance with the Village's
Zoning Ordinance and the Village's Home Rule powers.The preceding whereas
clauses are hereby made a part of this Ordinance.
SECTION 2. The Corporate Authorities hereby adopt a proper, valid, and binding
ordinance approving the Special Use for the Property at 11 Chevy Chase Drive, Buffalo
Grove, IL, subject to the following conditions:
l. Petitioner shall comply with the standards set forth in Section 17.12.141, Section
17.28.040 and Section 17.28.060 of the Village Zoning Ordinance.
2. The special use shall be in effect for a maximum period of two (2) years from
the date of this Ordinance. The Petitioner is required to apply to the Village for
re-authorization of the special use pursuant to Section 17.28.060.0 of the
Village Zoning Ordinance.
3. The petitioner shall maintain their DCFS license.A copy of the DCFS license
shall be provided to the Village annually prior to the issuance of a business
license.
4. The special use shall be automatically revoked if the Petitioner fails, for any
reason, to have a valid license issued by the Illinois Department of Children
and Family Services (IL DCFS).
5. The Petitioner shall obtain a Village business license prior to operation of the
child daycare home and shall renew the business license annually.
6. The special use does not authorize any use in violation of any covenants
running with the Property.
7. No person who has been convicted of a felony or misdemeanor involving
violence against a person shall be permitted to reside in the day care home at
any time, on a temporary or permanent basis, or otherwise be allowed to be
present in the day care home at any time when children are present. The
petitioner must agree to permit the Village of Buffalo Grove to conduct, or
cause to be conducted, a criminal background check of every person residing
in the day care home.
8. Petitioner shall maintain the Property in full compliance with Village property
maintenance standards at all times, as determined by the Village in its sole
discretion.
9. This special use is granted to Akshaya Subramani. Said special use does not
run with the Property and is not granted to any business entity. Said special
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use is not transferable to another person or entity, and may not be used by
any other person or entity.
10. All violations noted in the building, fire and health inspection report shall be
corrected prior to issuance of a business license for the home daycare.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be
held invalid, the invalidity thereof shall not affect any other provision of this
Ordinance.
SECTION 4. This Ordinance shall be in full force and effect on and after its passage and
approval, subject to the Petitioner's execution of the Acceptance and Agreement
attached hereto as Exhibit A, incorporated herein and made a part hereof, and the
filing of said executed Acceptance and Agreement form with the Village.This
Ordinance shall not be codified.
AYES: 6-Johnson. Cesario. Ottenheimer. Stein. Bocek Weidenfeld
NAYES: 0- None
ABSENT: 0- None
PASSED: October 21. 2024
APPROVED: October 21. 2024
PUBLISHED: October 22. 2024
ATTEST: APPROVED:
� . .
Jan . Sirabian, Village Clerk Eric N. Sm' il age President
_ - ,___- -_ __
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QCHIBIT A
Petitioner AccEwtaoce and A¢reement
concernina the Soecial Use tn�the Chiid Nome Dsvtsre Home at ii Chew Chase D�ive
Akshaya S�ramant
11 Chevy C'hase Dfire
Alahaya Subramani does hereby aaept and agree to abide by and be bound by each of the terms,
conditions,and limitations set forth in this Ordinance,duly passed and approved by the Viitage of
Buffala Grove,illinois,reauthorizinq the spedat use far the child home daycare at 11 Chevy Chase O�tve.
The undenigned acknowledges that she has read and understands all of the terms and provisfons of said
this Oniinance,and does hereby acknowledge and co�sent to each and all of the provisions,�estridtons,
and conditio�s of said Ordinance.
Askshaya Subramani
11 Ghevy C�ase O�ive
Buffalo Grove,IL 60089
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EXHIBIT B
LeRal Descriqtion
Akshaya Subramani
li Chevy Chase Drive
LOT 5 IN BLOCK 1 IN UNIT N0.1 COLUMBIAN GARDENS, BEING A SUBDIVISION OF PART OF THE
SOUTH '/: OF SECTION 35, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL
MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 5, 1926,AS DOCUMENT
278278, IN COOK P OF PLATS, PAGE 33 IN LAKE COUNTY, ILLINOIS
Street Address: 11 Chevy Chase Drive, BufFalo Grove, Illinois
PIN: 15-35-302-010
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EXHIBIT C
Plan Set
Akshaya Subramani
11 Chevy Chase Drive
Page 6 of 7
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The Starlight Academy
General business description:
The starlight Academy aims to provide a secure, nurturing, loving and intellectually
stimulating environment, which promotes the holistic development, and the natural curiosity of
young children is ignited. We are a Waldorf inspired early childhood environment where there
will not be any direct instructions. However, children would be building those pre math and pre
reading skills or their early learning milestones are achieved through hearing stories, fairy tales,
enriched language, big vocabularies, doing circle games, hearing it through repetition. We are
letting kids skill unfold in time by letting their imagination unfold and not pushing it in an
academic way just as a child learns to walk without us giving them a walking lessons. we aim to
extend beyond childcare, building strong foundation for a lifetime leaming. Services, number of
students and employees: The starlight Academy offers both full-time and part-time programs for
children ages 3 months to 6 years and will be staffed by trained childcare professional if
needed. We are open Monday through Friday 9.00 am to 4.30 pm.
The starlight Academy aim to provide all the foundational, life skills and an educational
experience that blends learning with play, ensuring that every child's first educational journey is
engaged and rewarding.
Number of students: To begin with The starlight academy anticipate 2 children. We
would expand and have up to 8 children eventually. Our academy would be staffed by a trained
childcare professional if needed. in case of employment, employee would be provided with one
parking space on our residential driveway and there will not be any traffic created in the
neighborhood.
Outdoor space: we will have outdoor play before or after lunch for about 15 minutes per
day if the weather permits. Every time when kids are outdoor, we will make sure that there will
only be low noise equipment used for play. We will also be keeping open communication with
neighbors, informing them in advance of any noisy day like water play day. Safety measures:
We have all these measures in place in our in-home childcare.
* Childproofing: Childproof cabinets and other areas of the home.
* Hazardous materials: Stored dangerous chemicals and medicines out of reach of
children. Keept cleaning products and other hazardous substances secured with a childproof
lock.
* Electrical outlets: Covered all electrical outlets within reach of children.
* Heating sources: Separate fixed space heaters, fireplaces, radiators, and other heating
sources with partitions or barriers.
* Fire extinguishers and smoke detectors: We have an operable fire extinguisher and a
smoke detector.
* Entryways: We have one entryway for visitors and families, and keep all other doors
locked. Our in home childcare is secured with a RING alarm system for all doors that don't open
into a fenced area and has cameras at the entryway door as well as the back entrance.
* Outdoor play areas: Fenced all around outdoor play areas.
* Medications: Keep medications in a locked cabinet, and only a trained staff member
would dispense them.
*All our windows and doors are secured.
'` Stairs are locked up with child proof gate. Traffic and drop off and pick up procedure:
We have a parent pick up and drop off policy in place. Parents would be requested to pick up
and drop off their kids in no more than 2-3 minutes. our residential driveway would hold up to
two cars at a time. Loading and unloading children would only be done in the driveway. We are
planning to start with no more than two children for at least a few months. When the numbers go
up, we anticipate parents would have different pick up and drop off timings, so there will not be
any traffic created in the neighborhood. In case of emergency/extra parking, our neighbor is kind
enough to lend us his empty Asphalt paved side way which leads to his backyard for extra
parking which will not take more than 2-3 minutes to load and unload kids. Pictures of our
driveway.
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During your testimo�y at the Public Hearing, you need to testify and present your case for the Chi{C
Home Day Care Special Use being �equested. In doing so, you need to address the six(6?Special Use
Standards listed beiov�-
(}IIL9 DAY C�RE HOME SPECL�►L t�SE S?ANDA�S
A. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 p.m. Outdoor
play shall not be allowed before 8:00 a.m.
$g� Yes, our hours of operation are from 9:00 AM to 4:30 PM. Outdoor play is scheduled
before lunch by 11:30 AM everyday(if weather permits)
B. Adequate space shall be provided on the driveway of the property for parking while children are
being dropped off or picked up at the home.
�Yes, our driveway could hold up to two cars at a time.Our kids have different drop off and
pick up timings.
C. Traffic congestion or safety hazards shal! not be created in the adjacent neighborhood.
$�p,Q�g; Traffic congestion (or) safet}r hazards shall not be created since we have adequate
driveway space.
D. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by a
fence at least four feet in height to ensure the safety of the children.The fenced play area shall be
secured with setf-closing and self-latching gate(s) as approved by the Village. Said play area shall
be screened from adjacerrt properties with fencing or landscaping.
gg�g;Yes,our backyard is gated and fully fenced up to four feet tall.
E. The day care activities shall not create undue noise or other nuisances for adjacent properties.
There shall be no outdoor sound amplification devices which p�oduce distinctly and loudly audible
sounds beyond the boundary of the property from which the sound originates.
$�;Yes,our day care shall not create undue noise for adjacent properties.
F. Employees who are not residents of the day care home may be employed by the day care provider,
if it is determined by the Planning and Zonin� Commission that this would not be detrimental to
the neighborhood. Parking shall be provided on the property for any employee driving to the
home.
Resoonse: Yes, when an employee is appointed as per the guidelines, will provide a parking space as
per the requirement.
G. An app�oved day care home shall be subject to periodic inspection by the Village in accordance
with vllage procedures for inspedions concerning health, life-safety and other applicable
regu lations.
$�;Yes, acknowledged.
H. The Planning and Zoning Commission and Corporate Authorities may impose conditions and
restridions as may be necessary or appropriate to comply with the foregoing criteria and
standa�ds.The foregoing standards may be modified as deemed�easonable in specific cases.
ReSp�Yes, acknowledged.
I. The Planning and Zoning C;ommission shall consider the number ancl locat�on ot other chntl aay
� care homes so as to avoid congestion and other negative impads.
' $�Yes, acknowledged.
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During your testimony at the Public Hearing,you need to testify and present your case for the Soecia.
Use being requested. in doing so, you need to address the six(61 Soecial Use Standards listed be�ov+
1. The special use will serve the public convenience at the location of the subject property; or the
establishment, maintenance or ope�ation of the special use will not be detrimental to o�
endanger the public health, safety, morals,comfort, o�general welfare:
�; Our childcare will not endanger the public heaRh, safety,morals, comfort or
general welfare.
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 stree�ts giving access to it shall be such
that it will be in harmony with the appropriate, orderly development of the district in which it is
located:
@@�pQp�;Yes, our child card will be in harmony with the appropriate, orderly development
of the district in which it is located.
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 such zoning distrid, nor
substantially diminish and impair other property valuations with the neighborhood;
$�Yes, Our child care 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
such zoning district,nor substantially diminish and impair other property valuations with the
neighborhood
4. The nature, location and size of the buildings or structures involved with the establishment of the
special use will not impede, substantially hinder or discourage the development and use of
adjacent land and buildings in accord with the zoning district within which they lie;
�;Yes our child care will not impede,substantially hinder or discourage the
development and use of adjacent land and buildings in accord with the zoning distrid within
which they lie.
5. Adequate utilities, access roads,drainage,and/or other necessary facilities have been or will be
provided;
�Yes,}ldequate utilities,access roads, drainage,and/or other necessary facilities
have been or will be provided;
6. Parking areas shall be of adequate size for the particular special use,which areas shall be
properly located and suitably screened from adjoining residential uses, and the entrance and exit
driveways to and from these parking areas shall be designed so as to prevent traffic hazards,
eliminate nuisance and minimize traffic congestion in the public streets.
Res�onse:Yes,we have adequate parking space and parents would drop off and pick up at
different timings.
Sta�e af�ois
DEPARTMENT OF CHItOREN ANO HIMI�Y SERVICES
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EXHIBIT D
Draft Minutes from the September 18.2024.Plannin�&Zonin�Commission MeetinA
Akshaya Subramani
li Chevy Chase Drive
Page 7 of 7
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MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION HELD
AT JEFFREY S. BRAIMAN COUNCIL CHAMBERS
FIFTY RAUPP BLVD, BUFFALO GROVE, IL 60089, WEDNESDAY, SEPTEMBER 18, 2024
CALL TO ORDER
Chairperson Weinstein called the meeting to order at 7:30 PM.
Roll call indicated the following were present:PZC Chairperson Weinstein, PZC Vice
Chairperson Richards, PZC Commissioner Au, PZC Commissioner Moodhe, PZC
Commissioner Worlikar, PZC Commissioner Spunt, PZC Commissioner Davis, PZC
Commissioner Saxena, PZC Commissioner Schwartz.
A quorum was established.
Also in attendance: Associate Planner Andrew Binder, Deputy Community Development
Director Kelly Purvis, Village Attorney Patrick B�ankin, Trustee Liaison Stein, and Trustee
Cesario (as an audience member)
PUBLIC HEARINGS/ITEMS FOR CONSIDERATION
A. Consideration of a Request for a Special Use for a Home Daycare at 11 Chevy
Chase Drive.
Associate Planner Binder, provided a background on the subject property and the
request.
Akshaya Subramani, the Petitioner, and Nithyanathan Sellakumarasamy were
sworn in.
Ms. Subramani and Mr. Sellakumarasamy provided an overview of the request. She
indicated that the final inspections will be completed in the coming weeks.
Com. Davis asked about the first round of inspections and what the issues were.
Ms. Subramani indicated that there were concerns about the deck steps and
railings. She noted all issues had been fixed.
Vice-Chairperson Richards asked if they had any conversations with their
neighbors.
Ms. Subramani indicated that they did talk to their neighbors, and the neighbors had
general questions about the home daycare operation.
Com. Spunt asked about the slope of the driveway and kids playing in the yard.
Ms. Subramni stated that the kids would be playing in the rear yard.
Mr. Binder stated there are no photos of the backyard.
Com. Moodhe asked about the pick-up time and noted that the DCFS license states
until 11:30 p.m.
Ms. Subramani confirmed that the pick-ups would be no later than 4:30 pm.
Chairperson Weinstein confirmed that the pick-up time could be no later than 8pm,
per the Village's Code.
Chairperson Weinstein asked if the petitioner agrees to the conditions of approval.
Ms. Subramani confirmed.
Chairperson Weinstein asked about the process regarding the State Department of
Children and Family Services (DCFS) license for a daycare and how long the
process was.
Ms. Subramani stated that she loves kids and worked at a school for a couple of
years and completed a few trainings for child care. She stated they had to make
modifications to their home and outside modifications. There was a few trainings
and similar inspections like the Village has conducted.
Chairperson Weinstein asked if it was a long process to get the DCFS license.
Ms. Subramani and Mr. Sellakumarasamy confirmed and said it took almost a year
to get the license.
Com. Worlikar asked about the ages and number of children.
Ms. Subramani stated that they plan to have 2-3 kids under two years old.
Com. Richards made a motion to approve the Special Use for a home daycare for
the property at 11 Chevy Chase Drive, subject to the conditions in the staff report.
Com. Moodhe seconded the motion.
Chairperson Weinstein stated that he was in support of the motion. He indicated that
the petitioners have gone through a lot to get the appropriate licenses and
approvals. He thanked them for speaking with their neighbors, and wished them luck
with the business.
Com. Davis noted that this is the kind of business that is really easy to do off the
books and thanked the petitioners for going through the process the right way.
Moved by Kevin Richards, seconded by Adam Moodhe to recommend approval.
Upon roll call, The Commissioners voted as follows:
AYES: 9 Mitchell Weinstein, Kevin Richards, Amy Au, Adam Moodhe, Neil
Worlikar, Marc Spunt, Jason Davis, Sujat Saxena, Donald
Schwartz
NAYS: 0 None
ABSENT: 0
Motion declared Passed.
REGU�AR MEETING
A. Other Matters for Discussion
1. Comprehensive Plan Update
Deputy Community Development Director Purvis provided an overview of the
Village's Existing Conditions Report.
Commissioners had a general discussion regarding population projections, school
aged children projections and Buffalo Grove's age in comparison to the region.
Purvis provided an overview of the Village's Visioning Document. She stated the
next steps will be to complete a draft of the Comprehensive Plan and we anticipate
full adoption of the plan this winter.
Com. Spunt asked if the Weiland/Aptakisic Road Extension is still on the table.
Purvis did not think that the plan is moving forward.
Com. Schwartz asked what aging in place is.
Purvis stated that aging in place is providing appropriate housing for your older
population, so allowing people to downsize to what's appropriate for them as they
age. She provided examples of maintenance free homes, first floor master suites,
etc.
Com. Schwartz asked about the growth of the Asian population in Buffalo Grove,
and if there is a direct correlation to the type of house they would need.
Purvis stated that staff has seen intergenerational housing within the Asian
community. So, providing homes that have the capability of housing multiple
generations within one home. Things like Granny Flats or accessory dwelling units,
where you could have a senior member of your family move in and still give them
their privacy with separate entrances.
Com. Worlikar asked whether, with the projected increase in the number of school
children and with the new residential developments coming in, is any consideration
of adding more schools.
Purvis stated that, unfortunately, that is a school district initiative as the Village does
not plan schools or develop them. She stated that we do have school district board
members on the comp plan steering committee. She stated that they are aware of
the potential for new residential development and we are always communicating
with them about new projects that are coming in and providing the appropriate
analysis at that time.
Trustee Cesario stated that the Viliage should be providing homes for oider folks to
stay and younger foiks to start, and stated that some of the more dense
development we are seeing are not producing a lot of school-aged children.
Chairperson Weinstein stated that the school boards are aware, they are on the
steering committee, they're part of the planning process, they see the developments
that are coming, and it's up to them to respond accordingly and possibly budget and
acquire more land.
Com. Au stated that these housing developments provide school impact studies,
and the PZC is tasked with approving or denial of the project based on the studies.
She states that the studies are not done for Buffalo Grove, and she would like to
know what these developments actually generate for school children.
Further discussion was made regarding school district projections, future housing
developments and types, and the kind of people we are trying to attract to Buffalo
Grove.
Purvis asked the Commissioners their thoughts on the mixed-use designation that
was presented in the areas that might be tough to develop which consists af about
20% of the area in the village.
Com. Spunt spoke in favor of the mixed-use designation, stating that if a developer
can come in and collaborate on a development to fill in gaps, that would be a good
thing.
Vice-Chairperson Richards stated that mixed-use makes sense and the
development in the mixed-use areas would have to be done in a way that would
make sense and not be a nuisance to the adjacent uses outside or inside the
developments.
Purvis stated that there would be criteria set for the mixed-use designation to ensure
the developments meet the goals and needs of the Village but give flexibility.
Com. Worlikar asked how these types of developments may impact the adjacent
residential areas with the mixed-use designation.
Purvis stated that these proposed mixed-use designation areas are already mixed in
nature and having a different zoning would not change much of what is currently
there. She stated there would be a public hearing process at such time that any
actual development would be proposed.
Com. Moodhe asked if the Mixed-Use developments are the "flavor of the month"
and if we are trying to find builders to find the next flavor of the month.
Purvis stated that with the mixed-use development that we are going back to the
basics by having a mix of appropriate uses next to each other that are typically more
walkable, like traditional downtown areas. She stated that she doesn't necessarily
think these mixed-use developments are the flavor of the month, but more coming
back to what makes sense.
Further general discussion was had about the nodes, mixed-use developments, and
parking.
Purvis provided an overview of the next steps and indicated no action is required of
the Plan Commission related to this item this evening.
B. Approval of Minutes
1. September 4, 2024 Draft Planning & Zoning Commission Meeting Minutes
Moved by Adam Moodhe, seconded by Marc Spunt to approve. Upon roll call, The
Commissioners voted as follows:
AYES: 7 Mitchell Weinstein, Kevin Richards, Amy Au, Adam Moodhe,
Marc Spunt, Jason Davis, Sujat Saxena, Donald Schwarti
NAYS: 0 None
ABSENT: 0
Motion declared Passed.
C. Chairperson's Report
Chairperson Weinstein welcomed the Com. Schwartz to the Plan Commission.
D. Committee and Liaison Reports
E. Staff ReportlFuture Agenda Schedule
Deputy Director Purvis provided an overview of upcoming projects.
Associate Planner Binder reminded the Commission that the next PZC meeting will
take place on a Tuesday instead of a Wednesday due to Rosh Hashanah.
F. Public Comments and Questions
All comments will be limited to 5 minutes and should be limited to concerns or
comments regarding issues that are relevant to Planning and Zoning
Commission business and not on the regular agenda for discussion.
ADJOURNMENT