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2017-08-02 - Planning and Zoning Commission - Minutes08/2/2017 MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON WEDNESDAY, AUGUST 2, 2017 Call to Order The meeting was called to order at 7:30 PM by Commissioner Eric Smith Public Hearings/Items For Consideration 1. Consider a Fence Variation for the Property at 1239 Devonshire Road (Trustee Stein) (Staff Contact: Brian Sheehan) Mr. Xiaofei Ma, 1239 Devonshire Road, was present and sworn in. Mr. Ma explained that he is requesting to construct a six (6) foot fence in his backyard. Figure 1 on Page 6 of the packet shows his existing neighbor’s fences in red and his proposed fence in blue. Figures 2 and 3 on Page 7 of the packet are photographs of his neighbor’s existing fences. He has two daughters ages nine and one and they need space to play. His backyard opens to the street. He wants a cedar fence, similar to the fence in Figure 2, for safety purposes. The proposed fence will not have an impact on his neighbors. Com. Cesario asked if the neighbor’s fences are five (5) foot in height. Mr. Ma responded yes. Com. Cesario asked Mr. Ma why he would not want to match his neighbor’s fences with a five (5) foot high fence. Mr. Ma said he does not mind a five (5) foot high fence. Com. Cesario would be supportive if the fence height was five (5) feet. Ch. Smith entered the Staff Report as Exhibit 1. There were no additional questions or comments from the Commissioners. There were no questions or comments from the audience. The public hearing was closed at 7:38 PM. Moved by Com. Weinstein, seconded by Com. Cesario, to approve the fence variation subject to the condition that the fence be reduced to be no more than five (5) feet in height per the style as depicted in the packet. RESULT: APPROVED [UNANIMOUS] MOVER: Mitchell Weinstein, Commissioner SECONDER: Frank Cesario, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au 2. Consider a Special Use for a Child Day Care Home at 200 Timber Hill Drive (Trustee Ottenheimer) (Staff Contact: Brian Sheehan) Mr. Roman Furman and Ms. Marina Furman, 200 Timber Hill Road, were present and sworn in. 08/2/2017 Mr. Furman explained that his mother, Ms. Furman, is the primary resident at 200 Timber Hill Road. They are requesting approval to operate a day care. The hours of operation would be 8:00 AM to 6:00 PM Monday through Friday. The children would range in age from 18 months to five years old. They would have up to eight children. They previously operated a home day care in Wheeling. They are currently in the process of obtaining their DCFS approval. Com. Goldspiel asked if Ms. Furman would have two assistants and inquired abou t where they would park their cars. Mr. Furman advised that currently there is one assistant, who parks in the driveway. Com. Goldspiel asked if there will be enough room on the driveway to accommodate the drop off and pick up of the children. Mr. Furman replied that the driveway is two cars wide and two cars long. Com. Goldspiel asked Mr. Furman if both assistants park on the driveway if there would still be room for drop off and pick up. Mr. Furman responded yes. Com. Moodhe likes the Plans and Policy that were provided. He asked about the day care in Wheeling. Mr. Furman advised that they previously operated a home day care in Wheeling before moving to Buffalo Grove. Com. Moodhe asked where they are in the DCFS approval process. Mr. Furman stated that they are almost done. They need DCFS to come back out for a final visit. Com. Cesario believes that having up to eight children there will be some conflicts and asked if they would have the parents follow the Pick Up/Drop-Off Policy. Mr. Furman replied that the parents have already been told about the Policy and there have been no problems. Com. Cesario asked staff about the two year renewal process. Com. Weinstein asked if the Plans and Policy were used in Wheeling. Mr. Furman replied yes, they are required by DCFS. Ch. Smith entered the Staff Report as Exhibit 1. Rosemary Zimmer, 893 Plum Grove Circle, is concerned that the home is not being used as a residence as opposed to a commercial use. She does not want to see a precedent set. Beth Messina, 899 Plum Grove Circle, is also concerned. She is a registered nurse and she is concerned about the number of children to caregiver ratio. She also agrees with Ms. Zimmer’s concerns about the Petitioner not living in the house. Mark Morris, 203 Timber Hill Road, advised that the day care has been operating for five to six months. He is concerned with the parking situation with the assistant’s car parked on the driveway. Timber Hill is a narrow road. Backing cars out of the driveway can be tricky, especially in winter with snow accumulation. He asked about off-street parking for the staff. 08/2/2017 Com. Goldspiel asked if someone is actually living in the home. Mr. Furman advised that his mother, Marina is living at the home. The day care is currently run by his mother and one assistant. They are planning to hire a second assistant. He addressed the questions on parking and said there is a two car garage and the assistant can park in the garage. Ch. Smith asked how long Ms. Furman has been living at the house. Mr. Furman replied six months. Com. Cesario asked Mr. Furman if he lives at the house too. He said part-time, but his mother lives there full time. Com. Cesario asked Mr. Furman to walk through the operations of the day care. Mr. Furman said they have three children now until DFCS grants approval. Com. Cesario confirmed with Mr. Furman that the staff cars could be parking in the garage. Mr. Furman acknowledged that the road is narrow and he understands the concern with parking. Their clients will only park in the dri veway when dropping off and picking up children. Com. Moodhe asked about the model style of the home and confirmed with Mr. Furman that there is a two car attached garage and four parking spaces on the driveway. He asked if the assistants could park in the driveway and still allow room for parents dropping off and picking up. Mr. Furman added that with the one assistant they have now, there is room for three additional cars on the driveway. Com. Moodhe discussed different parking options and also discussed the number of children. Com. Cohn asked if two parents are dropping off or picking up at the same, how long are they parked on the driveway for. Mr. Furman replied five minutes at the most. Com. Cohn questioned how that would be achieved with eight children. Mr. Furman explained that the parents have set time to drop off their children and will not come at the same time. Pick up is the same. Com. Cohn asked if they could arrange it so that no more than two parents are scheduled at the same time. Mr. Furma n said that is why they have the policy. Com. Weinstein asked if the assistants are required for eight children. Mr. Furman replied yes. Mr. Sheehan stated that DCFS has a formula based on the number and age of the children. Com. Weinstein asked if there is any on street parking restrictions on Timber Hill Road. Mr. Furman advised there are none. Com. Weinstein is comfortable with the request and advised that the parking situation can be reviewed when the Special Use is up for renewal. He advised the Petitioner’s that they will need to be mindful of their neighbors. Ch. Smith is satisfied with the parking but he is not sure about the ownership and living situation at the residence. Mr. Furman said that his mother is a new resident and resides at the house full time. Ch. Smith asked how many cars are owned. Mr. Furman said there is one car and it is kept in the garage. Ch. Smith asked Ms. Zimmer why she does not believe anyone resides at the home. Ms. Zimmer stated that she does not see any activity on the weekends and most of the time there are no lights on in the house at night. It makes her feel uncomfortable. 08/2/2017 Com. Lesser asked if the Petitioner’s driver’s license lists 200 Timber Hill Road as the permanent address. Mr. Furman said he resides in Arlingto n Heights but his mother’s license lists 200 Timber Hill Road as her address. Mr. Raysa asked Ms. Furman several questions about the status of residence at the property. Mr. Furman translated the questions to his mother from English to Russian and then interpreted her responses from Russian to English. Mr. Raysa advised that Mr. Furman cannot be listed on the DCFS license since he is not a full time resident at the home. Com. Khan asked Mr. Furman about the language that his mother speaks. Mr. Furman advised that it is Russian. Com. Khan asked if the clients are limited to Russian-speaking families. Mr. Furman replied that all the children are from Russian-speaking families. Com. Khan is concerned that if there is an emergency Ms. Furman would not be able to communicate with emergency responders. Mr. Furman stated that their assistant is fluent in both English and Russian and the assistant is always there. Plus, he does not live that far. Com. Cesario asked staff about DCFS requirements He also stated that someone has to be able to communicate at all times. Ch. Smith asked staff about determining if someone resides in a residence full time. Mr. Sheehan stated that residency is verified through the driver’s license and water bills. Ch. Smith confirmed with Mr. Sheehan that if it determined that Ms. Furman is not living there full time the license can be pulled. Com. Moodhe is concerned that there may be a safety issue and that there could be a gap in communication in the event of an emergency. He is also concerned about the status of the ownership of the property. The recorded deed lists Roman Furman as the sole owner. Mr. Furman advised that in May 2017 the title was changed to add Marina Furman. He provided a copy. Mr. Raysa reviewed the submitted deed and advised that it was recorded and included the Buffalo Grove Transfer Stamp. Com. Cesario asked Mr. Furman if he is aware of the ten conditions recommended by staff. Mr. Furman is aware of the conditions. Com. Goldspiel asked Mr. Raysa if the proof of ownership is now adequate. Mr. Raysa responded yes. Mr. Stilling added that the new water meters can track water usage and the Village can monitor usage on the weekends. Com. Khan asked Mr. Raysa who is listed on the new deed. Mr. Raysa advised there are four, Roman Furman and wife and Marina Furman and her husband. Ms. Zimmer asked if there are more people living at the house. Mr. Raysa advised that a deed does say who lives at a property, just who owns it. 08/2/2017 Com. Cesario asked where the others reside. Mr. Furman stated that he and his wife live in Arlington Heights and his mother lives at 200 Timber Hill Road. His father resides elsewhere. Ch. Smith entered the deed as Exhibit 2. There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. The public hearing was closed at 8:22 PM. Moved by Com. Weinstein, seconded by Com. Khan, to recommend to the Village Board approval of a Special Use Ordinance for a Child Day Care Home for up to eight (8) children, subject to the following conditions: 1. 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 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.C of the Village Zoning Ordinance. 3. The petitioner shall obtain a DCFS license. A copy of the DCFS license shall be provided to the Village 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 day care home. 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 Roman Furman and Marina Furman jointly. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. 10. Prior to the issuance of the Village business license, the petitioner shall install a self - closing and latching gate in a manner acceptable to the Village. 08/2/2017 Com. Cohn is still concerned about safety issues and asked if requiring someone that speaks English should be included in the motion. Com. Cesario agrees and recommended that it be worded as follows: 11. At least one staff member must be present at all times during the hours of operation at the Child Care Home who is able to effectively communicate with emergency personnel in the event of an emergency. Moved by Com. Cohn, seconded by Com. Lesser, to amend the motion to include an 11th condition as previously stated. Com. Khan is troubled by the lack of the understanding of the English language by Marina Furman. He is not comfortable and will not be in favor of recommending approval. Com. Weinstein is opposed to the 11th condition requiring the use of English. That decision should be left to the families. Com. Cesario agrees with Com. Weinstein but wants to ensure the safety of the customers using the business. He wants someone to be able to call for help, if needed. Com. Moodhe asked if DCFS requires someone to be competent in communicating. Com. Lesser is supportive of the amendment to the motion. If the Special Use was not required, then it would be up to the customer. But the Village is involved and safety is a concern. Com. Cohn stated that the Village is already committed and public safety is involved. RESULT: AMENDMENT TO THE MOTION MOVER: Matthew Cohn, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Cesario, Cohn, Goldspiel, Khan, Lesser, Moodhe NAYES: Weinstein, Smith 08/2/2017 RESULT: RECOMMENDATION TO APPROVE [6 TO 2] Next: 8/21/2017 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Lesser, Weinstein NAYS: Stephen Goldspiel, Zill Khan ABSENT: Amy Au 3. Consider a Special Use and Variation for Aptakisic School at 1231 Weiland Road (Trustee Ottenheimer) (Staff Contact: Chris Stilling) Amy Fuller and Shawn Benson, Wight & Company, 2500 N. Frontage Road, Darien, Illinois and Eric Russell, KLOA, 9575 W. Higgins Road, Rosemont, Illinois were present and sworn in. Ms. Fuller explained that Aptakisic-Tripp School District 102 (District 102) is proposing an addition, along with other improvements, to the existing Aptakisic School located at 1231 Weiland Road. The school property is currently zoned RE and elementary schools are a special use. As a result of the changes, a special use is required. Furthermore, to accommodate the existing school, a variation for a side yard setback reduction is also required. She reviewed the current staffing level along with the anticipated staffing level once the grade reorganization is completed. She provided an overview of the proposed addition and added that when the District offices are off-site, the space will be remodeled into additional classroom space. Mr. Benson reviewed the existing site plan, existing parking, existing entrances and existing drop-off and pick-up operations. He then reviewed the proposed site plan. The parking lot would be expanded to the south and to the east. The number of parking spaces would be reduced to 92. He advised that there are two site plan options. He reviewed the new parent drop-off and pick-up operations and bus plan. These would be similar to the existing operations. Option 2 would move the traffic signal from the north to the south to align with the parking lot used for overflow parking located across the street. They have had two meetings with the DOT and it was their suggestions to move the traffic signal. They have completed a detailed traffic study and the study found both Options viable. Com. Lesser is familiar with the site and is not concerned with the reduced setback to the north. He is concerned with the significant reduction of parking spaces and the drop-off and pick-up routing. The parking would go from 142 spaces to 92 spaces with approximately 90 staff members. Mr. Benson responded that the study estimated 87 future staff members. There are currently 77. Com. Lesser believes that giv en normal activities at the school and adding an additional grade level, parking demand will increase. Ms. Fuller stated that Aptakisic-Tripp has an agreement with the Park District to use the parking lot located across Weiland Road for overflow parking. Ms. Stacey Bachar, Assistant Superintendent for Business Services, Aptakisic -Tripp School District 12, was present and sworn in. Ms. Bachar advised that most events that generate a lot of traffic are after school hours. There is usually only a smaller number of staff at these events. Com. Lesser asked about the number spaces typically needed for events after school. Ms. Bachar believes its between 40 and 50.She also discussed the use of Police to assist with traffic when large events are held. Com. Lesser asked if any of the parking spaces would be lost in the winter for snow storage. Ms. Bachar advised 08/2/2017 that snow is not collected in parking spaces at this building. Com. Lesser is concerned with teacher parking and drop-off and pick-up conflicts. Ms. Bachar stated that the mornings are more progressive and staggered. After school staff will most likely not get to leave until after pick-up operations are complete. Com. Moodhe is concerned about the proposed right in/right out since most people are coming from Aptakisic Road. He asked where they would be able to turn around. Mr. Benson clarified that it will be a right/left in with a right -out only. Com. Moodhe asked for a traffic plan to eliminate traffic cutting through the neighborhood. Ms. Bachar stated that 85-90% of students arrive on the buses in the morning with less in the afternoon due to student after school activities. Com. Moodhe is concerned about the parking and asked if any consideration had been given to staggering conferences. Ms. Bachar advised that nothing has been determined yet. Com. Moodhe asked where the District Office is being relocated to. Ms. Bachar replied that a contract is current under attorney review but has not been accepted yet. Com. Goldspiel asked about the parking utilizing the lot across the street and how it lines up with the entrance/exit. Ms. Bachar said it would line up with the entrance/exit and that is why they would want to relocate the traffic signal, which would include a crosswalk at the light. Com. Weinstein noted a correction to the Staff Report under Zoning History. Mr. Stilling advised the Traffic Study was just recently received. Ch. Smith noted that the Traffic Study is entered as Exhibit 1. Ms. Bachar stated that a final traffic study will be conducted once school is in session. Ch. Smith entered the Staff Report as Exhibit 2. Com. Moodhe asked staff if the Village has a preference for either Option 1 or Option 2. Mr. Stilling replied that overall staff prefers Option 2 but there is some information that has not been yet. Overall, it is an improvement regardless. Com. Moodhe asked more questions about the proposed parent drop-off and pick-up plan as well as the morning and afternoon bus plan. Mr. Stilling added that relocation of the traffic light would pr ovide a crosswalk for access to the lot across the street. John Koriath, 842 Dunhill Drive, is concerned with the overflowing parking and the reduction of the number of parking spaces. She is also concerned about the safety of crossing the road. Daytime visitors have to cross Weiland Road. She does support the new drop-off and pick-up plan. Ms. Bachar advised that the increase in staff would occur at the same time as the increase in student enrollment, which will not happen for a couple of years. 08/2/2017 There were no additional questions or comments from the Commissioners. There were no additional questions or comments from the audience. The public hearing was closed at 9:08 PM. Moved by Com. Weinstein, seconded by Com. Khan, to recommend to the Village Board approval of the preliminary plan approval and a special use for an elementary school with the following variation: A variation to Section 17.40 of the Village of Buffalo Grove Zoning Ordinance (Table of Area, Height, Bulk and Placement Regulations) to allow for a side yard setback reduction for an existing building, subject to the following conditions: 1. The proposed development shall substantially conform to the plans attached as part of this petition. 2. Final engineering shall be revised in a manner acceptable to the Village Engineer. 3. Submission of a final traffic study prior to the start of construction. Com. Goldspiel stated that it is unusual to give preliminary approval before the Traffic Study is complete. Mr. Stilling responded that the proposed plan is an improvement over what exists today and the parking meeting the zoning requirements. Com. Goldspiel asked if any surprises are anticipated out of the Traffic Study. Mr. Stilling replied that based upon the testimony there are no surprises an ticipated. Com. Goldspiel asked about the zoning requirements for parking. Mr. Stilling advised that it is one space per employee. Com. Goldspiel asked staff to review the final Traffic Study once it is complete. Com. Cohn supports the request. There is a parking issue currently. The Traffic Study is not for him to resolve at this time. There is also opportunity for overflow parking at the ice rink. Com. Moodhe asked Ms. Bachar to take into consideration the other events that affect parking and asked staff to help. He also believes that a temporary traffic signal would help. The proposed plan is better than what exists. RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS] Next: 8/21/2017 7:30 PM MOVER: Mitchell Weinstein, Commissioner SECONDER: Zill Khan, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au Regular Meeting Other Matters for Discussion None. 08/2/2017 Approval of Minutes 1. Planning and Zoning Commission - Regular Meeting - Jul 19, 2017 7:30 PM Com. Cesario noted two corrections on Page 59 of the packet concerning the July 19, 2017 minutes: Com. Cesario appreciates the changes to Section A (northwest corner). He personally prefers the cul de sacs, but professionally would prefer the Traditional. If the developer moves forward with the Cluster design, he would prefer the Original Cluster design. However, the Traditional design eliminates mostaddresses many of the concerns held by the PZC. He would like to see more ranch-style modelsfirst floor masters offered. Also the Traditional Design would be easier to maintain. RESULT: ACCEPTED AS AMENDED [UNANIMOUS] MOVER: Adam Moodhe, Commissioner SECONDER: Scott Lesser, Commissioner AYES: Smith, Moodhe, Cesario, Cohn, Goldspiel, Khan, Lesser, Weinstein ABSENT: Amy Au Chairman's Report None. Committee and Liaison Reports Mr. Stilling advised on the closing and start of construction of the Woodman's project. Staff Report/Future Agenda Schedule Mr. Stilling advised that Link Crossing will most likely not be ready for the August 16, 2017 agenda. CMAP will be presenting on their GOTO 2050 plan. Public Comments and Questions None. Adjournment The meeting was adjourned at 9:20 PM Chris Stilling Director of Community Development APPROVED BY ME THIS 2nd DAY OF August , 2017