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2009-11-04 - Plan Commission - Minutes Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 11/04/2009 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION November 4, 2009 Child day care home, 1347 Devonshire Road— Special Use in the R-9A District Go Play, 1425 Busch Parkway— Special use for a Recreational facility in the Industrial District —Workshop #1 Chairman Ottenheimer called the meeting to order at 8:25 p.m. in the Village Council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: Mr. Smith Mr. Teplinsky Also present: Mr. Ravinder Upadhyayulla Mrs. Aarthi Upadhyayulla Mr. Steven Hoffman, Enrichment Enterprises, Inc. Mr. Nicholas Panarese, Van Vlissingen & Co. Ms. Beverly Sussman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES—None COMMITTEE AND LIAISON REPORTS Commissioner Stark attended the Village board meeting on November 2, 2009 and stated the Board unanimously approved the special use for outside storage in the Industrial District for Banner Plumbing. Also they referred the petition for a special use by Buffalo Grove Martial Arts to operate at 700 Armstrong Drive for Plan Commission review. 1347 DEVONSHIRE ROAD, PETITION TO OPERATE A CHILD DAY CARE HOME Moved by Commissioner Cohn for purpose of discussion, seconded by Commissioner Bocek to recommend approval to the Village Board for a special use to operate a child day care home at 1347 Devonshire Road, subject to the following conditions: I. No on—street parking by vehicles dropping—off and picking—up children served by the day care home. 2. Petitioner shall organize staggered times for children to be dropped off and picked up; 3. No more than two children to be dropped off or picked up at any given time; 4. There be no drop offs or pick ups while a school bus is passing. Commissioner Weinstein stated he is still struggling with whether these types of conditions and restrictions should be mandatory as opposed to best efforts. For a practical matter you can tell your customers to come at a certain time, but if the bus is 2 minutes behind or ahead of schedule, the parents coming to or from the day care home may be on the block at the same time as a bus. Despite the restrictions, there may be circumstances on any given day that would make it difficult for the day care provider and the parents of the children to comply. He commented that parents driving small children to a location are unlikely to be speeding on the street. Speeding in the neighborhood is probably being done by the residents of the area. Commissioner Myer stated that in any business there needs to be some flexibility. Especially when talking about bus pickups and drop-offs it might be somewhat difficult to manage. Some limitation on how many pickups there are might make sense, as well as avoiding on—street parking. She further noted that the petitioners have done a very good job in presenting a very qualified business case, and they deserve some flexibility in how they manage the business. Commissioner Khan stated the petitioners have made a good presentation supporting the petition, and they are self—imposing restrictions such as staggering drop offs and pick ups. He does not feel that drop-off time slots are the answer. He stated he would leave it to staff as to how to craft the ordinance. He stated he does not see any danger on the street due to traffic from the day care home. Chairman Ottenheimer stated he understands the concept of having some flexibility. However, "best efforts" are very subjective. Nevertheless, if there are problems with traffic or safety concerns he feels sure residents would call the Police Department which then becomes more of an enforcement issue. He feels if a dangerous situation is created, the Corporate Authorities will take appropriate measures to correct the condition. Commissioner Stark stated the petitioners have indeed gone above and beyond. He has no concern about traffic or safety and feels that parking in the driveway is adequate as people do not just back out haphazardly. However, the motion as it stands with the restrictions would not garner a yes vote from him. He asked that the minutes reflect that he feels this is a viable day care and does not believe these stringent restrictions should be placed. He noted that the fact that there is a registered sex offender residing in the area did not influence his analysis and conclusions concerning the zoning issues. Commissioner Cohn commented that these cases are hard, and tonight we heard from nice people on both sides who all had sympathetic stories. Commissioner Cohn stated, however, that these are residential neighborhoods first and the people who moved here chose to have a neighborhood that is filled with a residential lifestyle and don't want quasi— commercial activity going on. There are exceptions to that when it truly is not detrimental or there is no reason as to any kind of disruption. He stated he does not feel that burden was met tonight. The best people to evaluate whether something is going to be a detriment to the lifestyle of the neighborhood and to the comfort and general welfare are the people who have lived here the longest. The current residents have given a very persuasive presentation about their concerns with traffic and he does not feel it has been fully addressed or can be fully addressed here. He stated he struggles with the whole concept of child day care homes in Buffalo Grove because these are quasi—commercial businesses in residential neighborhoods. He stated the primary focus, and what we should be asking ourselves, is how we will make sure we are protecting the residential integrity of our neighborhoods because that is why people choose to live in Buffalo Grove. He said that even with the proposed restrictions, he does not intend to vote in favor of the motion. Commissioner Bocek stated the staggered times for pick up and drop off are so broad for six people that it is flexible enough. She does not feel it is creating a big issue for traffic. She noted that the restrictions express the intent of the Plan Commission to control possible impacts. In the event that there are any problems after the day care home is in operation, the restrictions would help identify possible remedies. Commissioner Weinstein moved to amend the motion by removing the restriction concerning no drop offs or pick ups while buses are passing on the street. The amended motion was approved by voice vote. Commissioner Stark said some of the conditions in the motion are somewhat redundant concerning time regulations for drop offs and pick ups. Commissioner Cohn stated he felt the distinction is that the staggered drop off is that each client would be given a time window for drop off and it would be ensured that no more than two children are dropped off during any given staggered time period. He stated the intent here is that in any given 30 minute period there would only be two clients being told they can drop off and you would never have three. Commissioner Weinstein noted for clarification that it really means two cars dropping off and not the number of children. Commissioner Cohn stated yes. Chairman Ottenheimer redefined the conditions for the motion: 1. No on—street parking of vehicles dropping off or picking up children at the day care home. 2. Petitioner shall establish staggered scheduled times for parents to drop off and pick up children. 3. No more than two cars shall drop off or pick up children at any one time. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Bocek, Khan, Myer, Weinstein NAYS: Stark, Cohn, Ottenheimer ABSENT: Smith, Teplinsky ABSTAIN: None The motion passed 4 to 3. GO PLAY, 1425 BUSCH PARKWAY— SPECIAL USE FOR A RECREATIONAL FACILITY IN THE INDUSTRIAL DISTRICT—WORKSHOP#1 Mr. Hoffman stated they operate three child care and enrichment facilities. The proposed facility is similar to these with open plans, activity stations and brief classes for pre-school age children and younger toddlers, as well as some school activities. The distinction between the proposed facility and the existing ones is that they are not seeking to become a licensed day care facility as they are not having children left under their care for extended periods without having parents present. He stated at this time they do not believe they fall under the jurisdiction of DCFS guidelines and licensing. He noted that in the event they do they will discuss that with the licensing representative for the area. If the facility requires licensing, it will be strictly for short periods for after school programs of less than three hours. Part of the reason for that is they are not seeking to do day care per se but they would still like to reserve the potential to do enrichment type of activities. Mr. Hoffman stated they do not have an outdoor playground and do not propose to obtain one. Commissioner Myer noted the proposed hours are 9:00 a.m. to 6:00 p.m. and asked if there would be a variety of programs and some sort of staggered times. Mr. Hoffman stated those are operating hours, not attendance hours. For comparison he would liken this facility to a gymboree where classes are held periodically throughout the day depending on the age of the children. Commissioner Myer asked about parking and drop offs and pick ups. Mr. Hoffman stated they are allotted 21 parking spaces for their tenancy. Mr. Nick Panarese of Van Vlissingen Co. stated he represents the building ownership. He said that the building is 88,000 square feet with eight tenant spaces, and four of the spaces are leased. Total parking on the site is 145 cars. They have allocated 21 parking spaces for Go Play. Other tenants have proportionate shares of parking. As a landlord they are sensitive to parking issues, so each tenant has an appropriate amount of spaces. There will be ample parking on the property including when the three vacant tenant spaces become occupied. Commissioner Stark asked if the parents will be with the children at the play facility. Mr. Hoffman stated parents are required by law to be present if their children are toddlers. He noted if they do specialty classes perhaps one day a week for school age children in an after school type of environment parents are not required to stay. Commissioner Stark noted there will probably be birthday parties and other activities when children will be dropped off. Mr. Hoffman agreed that drop offs will occur for some activities such as birthday parties. Commissioner Stark noted that Joy of the Game is on the other side of the building and asked if they have similar hours and parking needs. Mr. Panarese stated right now Joy of the Game has an allocation of 24 parking spaces, and the lease spaces are comparable in size. He noted that Joy of the Game has some kids who come after school for lessons. He said he assumes that there is also evening and weekend activity. Commissioner Stark asked if any parking issues had been observed. Mr. Panarese stated they have not observed any parking issues with other tenants. The owner of Joy of the Game is enthusiastic about the proposed indoor play center, as there could be some opportunities for coordinating some programs and activities between the two businesses. Mr. Weinstein noted that in his experience in being at the Joy of the Game facility, there aren't many people or vehicles on that side of the building. The parking demand is not extensive and there is plenty of parking available. Commissioner Myer asked for verification that DCFS agrees that this is not a day care facility. Mr. Hoffman stated in speaking with Village Deputy Village Manager Ghida Neukirch she had indicated that after this process he would have to speak with the licensing representative and get verification from them that they would not be under DCFS jurisdiction, and he fully intends to do that. Commissioner Myer asked how this site is differentiated from the facility in Schaumburg. Mr. Hoffman noted that Schaumburg is a fully licensed day care facility. It has enclosed classrooms and segregates the infants completely. There are more extensive food service capabilities and sleeping arrangements. Commissioner Weinstein asked if there is a reason why an Industrial District is being looked at for this purpose. Mr. Hoffman stated it is basically economics. He noted ideally they like to have as much space as possible to provide as much activity area for the kids as possible. Usually in a retail type center there is actually much more traffic and parking is much more of a problem. Commissioner Weinstein noted his only concern is that at some point the current vacancies might become occupied with some kind of industrial uses and then there may be traffic issues with parents coming to and from the play center location. Mr. Hoffman stated they have arranged for four spaces directly in front of the main entrance for pick up and drop off so that they do not have people often running back and forth across the parking lot. Trustee Sussman noted her concern with children five years and up who do not require a parent's presence. She asked what will happen if children are at the facility for several hours. Mr. Hoffman stated that in all of their facilities they are way over staffed. Because of the physical layout which is non-traditional the children are disciplined to understand that they are assigned to a teacher, counselor or some sort of supervisor when they come into the facility and that they are with that person throughout. Commissioner Myer asked about the ratio for staffing. Mr. Hoffman noted that DCFS has guidelines, but the facility will not fall under DCFS jurisdiction. His intention is to go way over on staffing. Trustee Sussman asked if staff has any credentials or classes they must take to prepare them for working with children. Mr. Hoffman stated his first hire of a director of the facility will be fully credentialed per DCFS guidelines including the requisite course work, experience, CPR certification and food service. It is also his intention to make sure all staff has the qualifications to make a success of this type of program. The Commission agreed this matter is ready for a public hearing. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil said the next meeting is scheduled for November 18, 2009. PUBLIC COMMENTS AND QUESTIONS -None STAFF REPORT—None NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Khan, seconded by Commissioner Weinstein and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:55 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair Board or Commission: ❑ Plan Commission Document Type: 0 A e g nda 0 Minutes Meeting ate: 11/04/2009 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION November 4, 2009 Child day care home, 1347 Devonshire Road— Special Use in the R-9A District Chairman Ottenheimer called the hearing to order at 7:30 p.m. in the Village council Chambers, Buffalo Grove Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Chairman Ottenheimer read the Notice of Public Hearing as published in the Buffalo Grove Daily Herald, explained the procedure to be followed for the public hearing, and swore in all persons who wished to give testimony. Commissioner present: Chairman Ottenheimer Ms. Bocek Mr. Khan Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: Mr. Smith Mr. Teplinsky Also present: Aarthi Upadhyayulla Ravinder Upadhyayulla Ms. Beverly Sussman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner The following exhibits were presented by the petitioner at the public hearing: Exhibit A: Memo dated October 30, 2009 from Robert Pfeil to the Plan Commission Exhibit B: Interoffice Memo dated November 4, 2009 from Brian Sheehan to Robert Pfeil concerning removal of swimming pool Exhibit C: E-mail dated November 2, 2009 from Police Sergeant Scott Kristiansen to Robert Pfeil concerning neighborhood street traffic Exhibit D: E-mail dated November 3, 2009 from Robert Pfeil concerning traffic and citizen concerns Exhibit E: E-mail dated October 29, 2009 from Sheri and Steve Kase to Mr. Pfeil expressing concern with traffic issues Exhibit F and G: E-mail from Scott Kotvis dated October 30, 2009 and e-mail from Anna Kotvis dated November 3, 2009 expressing concern with street traffic and swimming pool issues Mr. Ravinder Upadhyayulla stated his wife Aarthi, the petitioner, has been very passionate about opening a child care for years. In this process she has taken courses for her degree and seminars to gain more knowledge. She has worked in child care facilities both in Illinois and California. She has also occasionally taken care of children of friends and relatives. He stated that Aarthi has taken this as her career path and requests permission to operate a child day care home for eight children, including her own two children who are 10 and 4 years of age. Mr. Upadhyayulla stated his wife will be taking care of all the children on her own without any help. He stated they bought this house in this area because the felt it had all the features for a child day care home. The house has a huge additional room on the main floor which will be used solely for day care purposes. They have also spent money on removing the in—ground swimming pool; the removal has been completed and has been inspected by the Village. The rear yard is enclosed by a fence of five feet in height, as required for a day care home. Commissioner Stark asked if the petitioner is currently caring for any kids besides her own. Mr. Upadhyayulla stated she watches one relative's child now. Commissioner Stark asked if the petitioner has applied for a DCFS license. Mr. Upadhyayulla stated they have applied for the DCFS license which is currently in process. Commissioner Stark noted he is asking for five additional children and asked if they have five families waiting. Mr. Upadhyayulla stated there are three families who are ready to send their children. Commissioner Stark asked about the hours. Mr. Upadhyayulla stated hours would be 7:00 a.m. to 6:00 p.m. Commissioner Stark asked if she foresees hiring any additional help. Mr. Upadhyayulla stated no. Commissioner Stark asked how many cars fit on the driveway. Mr. Upadhyayulla stated they can park four cars on the driveway. Commissioner Cohn asked for a response to comments about the hazard of the bend in the road at the house. Mr. Upadhyayulla stated they have a driveway which can accommodate four cars and they will stagger the times of drop off and pick up for the six families involved. They will also make sure no one comes during school bus times which is between 7:30-8:30 a.m. and will try to put in 15 minutes slots for each parent for drop offs and pick ups. At any given time it will be either one or two cars which will be on the driveway. He further stated the drop offs in the morning would be between 7:00-10:00 a.m. In the evening the pick ups would be between 3:30-6:00 p.m. He stated they will make sure they discuss this before they actually sign a contract with the parents. He noted they will make sure there will never be any curbside parking. Commissioner Myer stated she understands the swimming pool has been filled in and asked for some information on that. Mr. Upadhyayulla stated they hired a contractor to remove all the concrete and then added multiple layers of sand, mulch and grass so that it is all compacted properly. It took almost ten days to do the pool work. Commissioner Myer asked if they have any pets. Mr. Upadhyayulla stated no. Commissioner Stark asked where the nearest school bus stop is in relation to the house. Mr. Upadhyayulla stated it is on Dayton which is about 600 feet from their house. Commissioner Weinstein asked if the school buses travel down both directions on Devonshire. Mr. Upadhyayulla stated yes. Commissioner Weinstein asked if the petitioner would be amenable to conditions requiring staggered drop off and pick ups and prohibiting street parking by parents bringing and picking up children. He said his concern is that enforcement of conditions and restrictions would be difficult. Mr. Upadhyayulla indicated they are agreeable to restrictions concerning staggered drop offs and pick ups, and no street parking. Commissioner Myer asked about the contract with parents and staggered pick up times. Mrs. Upadhyayulla stated pick up times would be between 3:30 and 6:00 p.m. However, occasionally a parent may need to pick up early for an appointment or something and the parent would certainly call ahead and notify them. In this case, there may be two parents picking up at the same time but they do have room for four cars on the driveway. She noted they would make sure that backing up would not block traffic. Ms. Myer noted the street is narrow and for people backing up there is some caution needed especially if there are several cars in the driveway. Mr. Upadhyayulla stated that is another reason they want staggered times to ensure there are not too many cars backing up at the same time. Commissioner Myer asked if the staggered pick ups would somehow be specified in the contract with prospective parents. Mr. Upadhyayulla stated yes. Commissioner Cohn asked if there have been any issues with backing out of the driveway now and speeding cars around the curve. Mr. Upadhyayulla stated in the month they have been there they have not had an issue with that. Trustee Sussman stated she appreciates a staggered approach to this issue but noted it is difficult to tell parents when to come and go. She noted other children have various activities and there will be more traffic and problems due to that. She asked how these problems can be alleviated for the other residents. Mr. Upadhyayulla noted one of the things they have been mentioning is that they will not be using street parking for day care. He further noted that if they had guests and had four cars on their driveway they would be having the same issue. Trustee Sussman noted at some point cars need to back up from the driveway and with other cars coming and going she is concerned about the safety issue for others living on the street. Mrs. Upadhyayulla stated when cars are on their driveway they would make sure there are no cars coming on the road. When you back up from any house you look behind you to see if traffic is approaching. Mr. Ronald Factor, 1351 Devonshire, stated he was not able to get information on the testimony given about the petitioners course work at Mission University. He stated a three day course at a YMCA site needs to be verified. He asked if they have certificate to show they have completed courses that would qualify them to run a day care. He asked if the Village has inspected the home to ensure it is a safe environment for children. He asked if the pool fill—in has been done according to code so that no one will sink into the ground when kids are playing there. He noted various traffic concerns with school buses and speeding drivers. He also noted there is a registered sexual offender living on Devonshire Road. Chairman Ottenheimer noted that DCFS licensing is required, and the licensing standards address various issues related to operator training and child safety. He noted the Plan Commission review focuses on zoning issues. He said the Commission has no purview concerning the training and education courses that an operator has taken. Commissioner Cohn asked if cars park on the street on that curve. Mr. Factor stated yes. Commissioner Cohn asked if there are any parking restrictions on the street that prohibit people from parking on the street. Mr. Factor stated the only restriction is no overnight parking. Mr. Upadhyayulla stated it is Mission College in Santa Clara, not Mission University. He stated they have the contractor set up to come back in summer to inspect the swimming pool removal area and make whatever corrections may be necessary. He further noted that Aarthi has completed CPR training, which is a requirement for DCFS licensing. Ms. Dana Friedman, 1345 Devonshire Rd., stated her biggest concern is the traffic with the many school buses that come through during the day. She noted that children are picked up by bus for camp and various other activities in the summer. She also noted that there are frequently cars parked along the curve. There will probably come a time when something will interfere with staggered pick ups. She stated she does not want to be the bad neighbor who will always be calling for enforcement. She stated her children play frequently outdoors, and more traffic will be detrimental to safety. She also noted there is a fire hydrant in front of this property and what happens if someone parks on the street and blocks access to the hydrant. She noted the registered sex offender living 500 feet away is also frequently out walking his dog. Mr. Upadhyayulla said that they knew that a registered sex offender lives in the area before they moved into the house. He stated they will not have more than two cars in their driveway and are very sure they will not block sidewalks and anything on the road. He noted the drop offs and pick ups are within a three hour period in the mornings and the evening. Ms. Friedman noted that children get sick, and parents need to pick up their child at odd times and staggering the times does not always work. Mr. Upadhyayulla stated it all depends on effective communication and managing the clientele. He stated they cannot guarantee 100 % compliance with the staggering but they will try their best to make sure traffic is not impacted. Ms. Friedman asked what the ages of the children will be. Mr. Upadhyayulla stated the children will be from 6 months to 4 to 5 years of age. Mrs. Upadhyayulla stated that DCFS regulates the number of children that can be cared for by a single provider based on the ages. Ms. Friedman asked if DCFS checks on homes after the initial licensing review. Mr. Upadhyaylla stated they do regular checks unannounced. Ms. Friedman asked why they want to do home day care instead of commercial. Mr. Upadhyayulla stated one of the reasons is that their children are still at home and most of their friends and relatives prefer this type of child care. Commissioner Bocek stated there is a traffic issue here with or without a day care home and wondered if parking could be prohibited on the curve. Mr. Pfeil commented that parking is not allowed adjacent to fire hydrants, and if this is occurring, the Police will enforce the regulation. He noted that the e-mail from Sgt. Christiansen indicates that there are traffic issues that need to be monitored on this segment of Devonshire Road, and if the day care traffic creates a noticeable impact, then some restrictions concerning on—street parking along the curve may need to be considered. The parking restriction along the curve may be advisable even for the existing situation. Chairman Ottenheimer noted that the Plan Commission defers to the Police Department and Village Engineer concerning on—street parking restrictions and related enforcement procedures. Commissioner Khan stated he is relying on the experts, noting the memo from Mr. Pfeil to Sgt. Christiansen and Mr. Kuenkler. He noted that neither the Police Department nor the Village Engineer have issues concerning the traffic impact of the day care home. He also noted the absence of any reports of high accident rates related to vehicle traffic in this neighborhood. Curves in streets are used as a traffic calming technique to make drivers reduce speed. If speeding is a problem, the residents must call the Police and request monitoring and enforcement. He said that most of the speeding on local streets is done by the people living on the street. Commissioner Khan asked if anyone had reported this street for evaluation because it is dangerous. He further noted that the petitioner's children will someday be driving, and there will be four people driving to and from the property, which would have a similar impact on the neighborhood as the proposed day care traffic. Mr. Pfeil commented that the Village uses a neighborhood based approach to evaluate traffic concerns. If a resident contacts the Village with an issue, the Traffic Management Committee discusses the issue and determines appropriate ways to address the situation. The Committee includes Police Department staff and the Village Engineer. Depending on the scale of the issue, there may be meetings where residents can provide input. Commissioner Cohn asked if the petitioner has spoken to any of the neighbors on the block and received any positive feedback that they do not feel the day care home would burden the neighborhood. Mrs. Upadhyayulla stated they are new to the house and have been making all the improvements to the backyard and have had very little time to get to know anyone. She said she realizes that people in the neighborhood are concerned about the day care home, and she and her husband will address the concerns about traffic by working with the parents on drop off and pick up times. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 8:25. p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair