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2017-05-17 - Planning and Zoning Commission - Minutes Buffalo Grove Planning & Zoning Commission – Public Hearing – May 17, 2017 Page 1 Village of Buffalo Grove Planning & Zoning Commission Public Hearing Date: May 17, 2017 Location: Village Hall Chairman Smith called the hearing to order at 7:30pm in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Roll Call Present: Commissioners Au, Cesario, Cohn, Goldspiel, Khan, Weinstein and Chairman Smith Absent: Commissioners Lesser and Moodhe Also Present: Mr. Brian Sheehan, Village Planner; Mr. William Raysa, Village Attorney; Ms. Nicole Woods, Village Planner; Mr. Christopher Stilling, Community Development Director Subject: Proposed Link Crossing Subdivision Commissioner Cesario moved to continue the item for a proposed Link Crossing Subdivision to June 21, 2017. Commissioner Kahn seconded the motion. Motion Carried Unanimously. Subject: Variation to Install an 8 Foot Solid Wood Fence for 790 Woodhollow Lane Chairman Smith swore in those testifying in the case. Tae Kim (petitioner) presented his case for variation. Chairman Smith entered the four photos into the record as Exhibit One. Commissioner Cesario said that two neighbors to this property already had eight-foot wood fences; also another close property has one as well. Commissioner Goldspiel asked about the height of the property. Mr. Kim confirmed his property did sit higher than neighboring properties. No public comment was entered. Public hearing was closed. Chairman Weinstein made a motion to grant a variation to install an 8 foot solid wood fence along the rear property line at the address 790 Woodhollow Lane. Commissioner Kahn seconded the motion. 2 Aye: Au, Cesario, Cohn, Goldspiel, Khan, Weinstein, Smith Nay: None Abstain: None The motion carried 7:0:0. Subject: Special Use for a Child Day Care Home at 303 Gardenia Drive Chairman Smith swore in those testifying in the case. Elena Lewis had been operating a day care at another address in the Village and has the appropriate licenses. She had since relocated to the new address and all appropriate inspections and licenses had been completed. There was some discussion regarding whether the family was also residing in this home. Commissioner Au said that her parents resided nearby so chose to abstain. Commissioner Weinstein asked if there had been any complaints at the other location. Mr. Sheehan said that when the previous location was first started, there was a parking complaint that was resolved. Since that, no other complaints had been received. Commissioner Weinstein asked if this was the primary residence, and it was confirmed that it was. Commissioner Weinstein asked if Ms. Lewis and her spouse were both listed on the lease, and it was confirmed that they were. Commissioner Weinstein requested that a copy of that lease be provided. Mr. Stilling said that, if approved, a copy of the lease would be included before being forwarded to the Board. Commissioner Weinstein asked for a general explanation of the daily in -and-out procedures of the day care. The DCFS license allowed for eight children; however, Mrs. Lewis currently had two full-time children and a few part-time. The earliest drop off was 7:30am, and the latest pick-up was 6:00pm. Commissioner Goldspiel asked about a fenced play area. Mr. Lewis explained where this was on the property, and Mr. Sheehan confirmed that this passed the Village inspection. Commissioner Khan asked for verification that at any given time, the number of children would not exceed eight. This was confirmed. Commissioner Khan asked if there was any assistance during this time or if Mrs. Lewis was the only provider. Mr. Lewis said that a music teacher would sometimes come in for a couple of hours during the week. Chairman Smith asked if there were any other day cares like this in the area. Mr. Sheehan said that there was not in the immediate area. Commissioner Cesario asked what the age ranges of the children to be cared for at this daycare. Mrs. Lewis said that the age ranges were between two and five. Buffalo Grove Planning & Zoning Commission – Public Hearing – May 17, 2017 Page 3 A member of the public said that the public notice sign fell in the rain. However, he also wanted to ensure that this was a primary residence and that people were not converting residential property to a commercial building. Commissioner Weinstein asked about the special use criteria. He asked the petitioner to address the special use criteria, specifically if the subject establishment would serve the public convenience at the location of the property and if the maintenance or operation of the special use would be detrimental to or endanger the public health, safety, morals, comfort or general welfare. He did not believe this would be a problem with a child care facility. Commissioner Weinstein asked about the location and size of the special use and if there was adequate street access – as well as if this was in harmony with the surrounding district. Mr. Lewis confirmed this. Commissioner Weinstein asked if the special use would be injurious to the use or enjoyment of neighboring properties; it would not. Commissioner Weinstein said the other criteria was standard for residential use. Chairman Smith entered Mr. Sheehan’s staff report into the record as Exhibit One. A neighbor requested that people not park along the curve of the road for safety purposes. Mr. Lewis said that parking would take place on the driveway. Public hearing was closed. Chairman Weinstein moved for positive recommendation to the Village Board for a Special Use for a Child Day Care Home within the R-9 Residential Zoning District at the address 303 Gardenia Drive, Buffalo Grove – subject to the following conditions: 1. The petitioner complies to both the Special Use standards of Section 17.28.040 and Child Day Care Homes Standards in Section 17.28.060 of the Zoning Ordinance. 2. The special use for Child Day Care Home is granted to Elena Lewis and does not run with the land. 3. Special Use granted to Elena Lewis is assignable to subsequent petitioners seeking assignment of this Special Use as follows: a. Upon application of a petitioner seeking assignment of this Special Use, the corporate authorities in their sole discretion may refer said application of assignment to the appropriation commission or commissions for a public hearing or may hold a public hearing with the Village Board; b. Such assignment will only be valid only under a proper, valid and binding ordinance by the corporate authorities granting said assignment which may be granted or denied for any reason 4. A copy of the lease be provided to the Village. 5. The proof of ownership by the homeowner, Tiffany Schneider, be provided. Commissioner Cesario seconded. Aye: Cesario, Cohn, Goldspiel, Khan, Weinstein, Smith 4 Nay: None Abstain: Au The motion carried 6:0:1. Subject: Variation to the Sign Code for Multiple Wall Signs at 350 McHenry Road Chairman Smith swore in those testifying in the case. Mr. Sheehan reviewed the case, and Ron Meyer (Meyer Signs) reviewed the request. Commissioner Goldspiel asked several questions pertaining to the sign placement and materials. Mr. Meyer reviewed this. Commissioner Goldspiel asked about the monument sign. Mr. Meyer said that this would stay. Commissioner Goldspiel asked how the monument fit into this, and Mr. Sheehan said that this had previously been approved without any variances. Mr. Stilling clarified that the wall signs and monument signs were counted separately (i.e. a maximum number of wall signs and a maximum amount of monument signs). Commissioner Cesario asked what entity was the petitioner. Mr. Sheehan said that the ownership of the property was BW Bowling Properties LP, and they gave permission to Leiserv to petition for a variation as well as for Meyer Signs to petition to submit the details needed on their behalf. It was confirmed that this information had been received by Staff. Commissioner Cesario asked about the height change. Mr. Meyer reviewed this and said that the increase in height was less than two feet. The rest of the dimensions of the sign were the same as what it was replacing. Commissioner Au asked about the sign replacing the Tavern 45 as she did not believe that the Tavern 45 sign had been entirely back lit. She asked if the new “Bowl” sign would be glowing and if this would be problematic for neighboring residents. Chairman Smith entered Mr. Sheehan’s staff memo into the record as Exhibit One. Jim Rourke (President of the Association) said that the residents had a concern about the signs being lit until midnight or later. He wanted to ask about the possibility of having a timer on the sign that would turn the lighted sign off or be dimmed - after 10pm. Mr. Stilling asked if the sign there currently causes problems. Mr. Rourke said that the existing sign currently is further west, and he was not sure what the brightness comparison would be. Mr. Stilling suggested the petitioner further examine the current lumen of the sign and look into creating a new sign does not exceed this lumen. There was some discussion regarding being unsure of the previous sign as it had since been taken down. Commissioner Goldspiel felt that the large “Bowl” sign should match the neighboring signs. He thought that the big backlit white space could be too bright. Buffalo Grove Planning & Zoning Commission – Public Hearing – May 17, 2017 Page 5 Commissioner Cesario suggested adding a stipulation about the Village having the right to reduce the brightness. It might not have to be utilized, and Mr. Rourke said he would be agreeable to this. He was just concerned about the late hours and the bright side. Chairman Smith said that the Staff could work with the petitioner to come up with a suitable solution and language to bring before the Village Board with the commission’s recommendation. Commissioner Weinstein asked for clarification on which sign was the one being questioned, and it was clarified that the one that faced east was fine as it was far enough north. Commissioner Weinstein asked if there had been any problems with the previous Tavern 45 sign. Mr. Stilling asked for clarification that the “Bowl” sign on the South elevation that was furthest east was the sign being discussed. This was confirmed. Mr. Stilling asked about having that sign dimmed to a certain number of lumens after 10pm but leaving the other signs fully lit as needed. Staff preferred the language be specific to the “Bowl” sign; Staff could work with the petitioner to come up with a plan that would be reasonable for all parties. There was some discussion regarding this. Commissioner Goldspiel said that reversing the blue and white in the signs was a good idea that kept in character with the surrounding buildings and signs. There was some discussion regarding this. There was no further public comment. Public hearing was closed. Chairman Weinstein moved for positive recommendation to the Village Board for a Variation to allow for multiple wall signs and for one sign to exceed the maximum height allowed at the property at 350 McHenry Road subject to the following conditions: 1. Staff will work with the petitioner regarding the sign furthest east along the south elevation of the building for the sign to have an acceptable level of brightness as determined by the corporate authorities. Commissioner Cohn seconded. Commissioner Goldspiel asked what the determination was on the color of the sign. Chairman Smith said that this was not determined. Mr. Stilling said that this was an option to tone the brightness to be discussed with the petitioner. Aye: Au, Cesario, Cohn, Khan, Weinstein, Smith Nay: Goldspiel Abstain: None The motion carried 6:1:0. Subject: Special Use for a Childcare Center with Variations to the Sign Code for the Property at 1050 Barclay 6 Chairman Smith swore in those testifying in the case. Ed Rohn from Advanced Development Group said that Advanced was the developer for this future Goddard School. He reviewed the case for Special Use; he believed that this case satisfied all four of the necessary categories. He also reviewed the two sign variances: the case for two wall signs as well as a manually changed sign. Ms. Woods also added that Staff supports this proposed project. The site, which is in the industrial district, is challenging for industrial development and consequently suitable for other uses. Moreover, the petitioner’s proposed operations (parking, drop-off etc.) would create a safe daycare for environment in that area. She reviewed the KLOA traffic study associated with this site. There was some discussion regarding the projected level of service and delay tables in the traffic report. Commissioner Cesario noted that there was a pond at the east of the property. Commissioner Cesario asked for examples of what was standard for the manual signs at a Goddard School. Levi Otwell (Goddard Systems) gave some examples, like events. Commissioner Cesario asked about the outdoor area and asked if there were any plans for outdoor activities for children. Mr. Otwell explained where the three areas would be and what ages would be used by each. There was some discussion regarding the location of the areas and the distance from the parking. It was confirmed that at no time would children be in the parking lot unless being dropped off or picked up by their guardians and during the drop-off and pick-up they are being escorted by their guardians. Commissioner Goldspiel but asked how one of the signs would be visible from Deerfield. Mr. Rohn said that it fronts the pond, and there was nothing blocking the view from the pond. He also said that the sign would be on the gable aspect of the roof which would mirror the sign on the other side of the building. Commissioner Goldspeil asked what size; Mr. Rohn said that the exact size had not been determined yet, but no variance would be requested for the sign size. Commissioner Goldspiel also asked about the outdoor play area and was concerned about the nearby detention ponds. He was glad to hear that the play areas were fenced; and then the petitioner confirmed that at no time other than drop off or pick up would the children be outside the fenced area. Commissioner Goldspiel also asked about the shade structure on the north side. Mr. Rohr explained that it was DCFS requirement to provide a certain amount of shade in outdoor areas, and this was built into the structure. He reviewed the plans for this structure. Commissioner Goldspiel also asked for more information about the toddler play area on the south side. Mr. Rohr went over the components of this. Commissioner Goldspiel asked about the west fenced area. Mr. Rohr said that this would be an open sodded area for outdoor classroom. There was some further discussion regarding the entrances and exits for these areas. Commissioner Weinstein asked who the petitioner and projected tenant were for clarification. Advanced Development Group was the petitioner, but the Special Use would be awarded to the tenant – Star Kidz LLC. Buffalo Grove Planning & Zoning Commission – Public Hearing – May 17, 2017 Page 7 Commissioner Goldspiel asked about the manual updated sign. Mr. Rohr reviewed the sizes of the three lines and clarified that this was not backlit. Chairman Smith asked if this was easy to do as some places did not maintain this well. Mr. Rohr said it would be easy to change and the letters would not fall out of place easily. There was no public comment entered. Commissioner Au asked if any follow-up that needed to be done on this. Mr. Stilling said that the report acknowledged the volume of traffic on Deerfield Road at peak times. However, the timing of the scenarios do not usually factor in gaps. However, the situation would not contribute to this. The Special Use standards were reviewed that this facility would meet them. The Public Hearing was closed. Chairman Weinstein moved for positive recommendation to the Village Board for a Variation to allow for a special use for a childcare center in the Industrial District at 1050 Barclay Blvd with variations to the Buffalo Grove Sign Code – specifically to Section 14.16.040 to allow a second wall sign and Section 14.20.080 to allow for a manual changeable copy sign with the following conditions: 1. Proof of ownership of the property shall be provided to the Village; 2. A copy of the lease for Starkidz, LLC shall be provided to the Village; 3. Proof of Starkidz, LLC is a valid Illinois Limited Liability Company with an assumed name of The Goddard School shall be provided to the Village; 4. A copy of the franchise agreement will be provided to the Village; 5. Starkidz, LLC will obtain a DCFS license, a copy of which will be provided to the Village; 6. A Special Use for a child care center shall be granted to Starkidz, LLC d/b/a The Goddard School and the special use does not run with the land; 7. The special use granted to Starkidz, LLC is assignable to subsequent petitioners seeking assignment of this special use as follows: a. Upon application of the petitioner seeking assignment of a special use, the corporate authorities in their sole discretion may refer said application of assignment to appropriate commission or commissions for a public hearing or may hold a public hearing at the Village Board; b. Such assignment shall be valid only upon adoption of a proper, valid and binding ordinance by the corporate authorities granting said assignment which may be granted or denied for any reason; 8. The proposed development shall conform to the plans presented to the PZC. 9. Any change in the ownership of Starkidz, LLC shall be subject to approval by the Village. Commissioner Cesario seconded. 8 Commissioner Cesario said that as a Village mixed uses of the industrial areas, and this was not inconsistent with what had been done. Aye: Au, Cesario, Cohn, Golspiel, Khan, Weinstein, Smith Nay: None Abstain: None The motion carried 7:0:0. The Public Hearings closed at 8:50pm