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2009-08-05 - Plan Commission - Minutes Board or Commission: ❑ Plan commission Document Type: ❑A e g nda 0 Minutes Meeting ate: 08/05/2009 Type of Meeting: PUBLIC HEARING BUFFALO GROVE PLAN COMMISSION August 5, 2009 Child Day Care Home at 457 Raphael Avenue Special Use in the R-5 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. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Teplinsky Mr. Stark Mr. Cohn Ms. Myer Mr. Weinstein Commissioners absent: None Also present: Ms. Elena Lewis Mr. Yuri Shchupak 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 1: Memo from Mr. Robert Pfeil to the Plan Commission dated July 30, 2009 Exhibit 2: Letter from Mr. Brian Sheehan to petitioners dated August 5, 2009 Mr. Yuri Shchupak explained this is his second try for a day care home in Buffalo Grove as the other petition was not allowed due to the proximity of other day care home and disapproval from neighbors. He stated he is asking for this day care for 8 children. Chairman Ottenheimer asked about hours of operation. Mr. Shchupak stated they will be open from 8:00 a.m. to 6:00 p.m. Commissioner Bocek asked if the special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the pubic health, safety, morals, comfort or general welfare. Mr. Shchupak stated no. Commissioner Bocek asked if 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 streets 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. Mr. Shchupak stated yes. Commissioner Bocek asked if the special use would 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. Mr. Shchupak stated no and stated property values will not go down. Commissioner Bocek asked if the nature, location and size of the buildings or structures involved with the establishment of the special use will impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie. Mr. Shchupak stated no. Commissioner Bocek asked if adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided. Mr. Shchupak stated yes as they are already in place. Commissioner Bocek asked if 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. Mr. Shchupak stated yes and noted that parking is in his driveway only. Chairman Ottenheimer asked where the next closest day care facility is located. Mr. Pfeil indicated that the closest child day care home is on Cobblestone Lane, west of Weiland Road near Newtown Drive. Chairman Ottenheimer asked if there has been any communication from any neighbors. Mr. Pfeil said that Mr. Dev at 451 Raphael called to advise that he is opposed to a day care home in the neighborhood. He expressed concern with traffic coming to and from the site. He also had some concerns with potential crime in the neighborhood and implied that he believes there is a relationship between the day care special use and an increase in crime in the area. Chairman Ottenheimer asked the petitioner if DCFS has issued a license. Mr. Shchupak stated not yet. He indicated all has been approved and should be coming in a couple of weeks. Mr. Pfeil inquired if the DCFS license will be granted to both Elena Lewis and Mr. Shchupak. Mr. Shchupak stated the license will be given to Elena Lewis. Chairman Ottenheimer noted there were some items that needed to be repaired in the home to ensure a safety environment for the children. He asked how many adults would be supervising the kids. Mr. Shchupak stated it would be only his wife, and the kids are ages 2 to 6 years old. Commissioner Teplinsky asked if the property is fenced in and if so, what sort of fence. Mr. Shchupak stated there is a wooden fence on the east side and the west side is chain link. Commissioner Teplinsky asked about the length of the lease for the house. Mr. Shchupak stated it is a two year lease beginning August IS, Commissioner Khan asked if a chain link fence is permitted. Mr. Sheehan stated the ordinance is not specific to the type of fence but only to the height and type of latching for the gate. He noted the gate has been corrected to be code compliant. Commissioner Weinstein asked about the height of the fence. Mr. Sheehan stated it is a 4 foot fence. Commissioner Weinstein asked how many cars can fit on the driveway. Mr. Shchupak stated it can fit four cars plus two in the garage. He noted that not all the parents arrive at one time; arrivals are spread out between 8:00 a.m. to 10:00 a.m. Commissioner Weinstein asked if a latched gate is an ordinance requirement. Mr. Sheehan stated the requirement is for a self closing and self latching gate. Commissioner Stark asked how many kids are currently being cared for at the home. Mr. Shchupak stated three. Commissioner Stark asked how the petitioner can be sure they will not all come at the same time for drop off. Mr. Shchupak stated he does not know of any daycare where all the parents show up at exactly the same time. Mr. Shchupak stated he is seeking approval as this is his only source of income. Chairman Ottenheimer asked Elena Lewis if her answers would be the same as her husband's if she were asked the same questions. Ms. Lewis stated yes. Mr. Pfeil commented that the petitioner has indicated the driveway would be available for parents to park when bringing and taking children to and from the home. He noted that a van has been parked in the driveway and asked if it would be moved to make sure there is room for parents to park. Mr. Shchupak stated the van will moved from the driveway. Mr. Pfeil asked if the petitioner has spoken to the neighbors on either side of his home regarding the day care. Mr. Shchupak stated he has spoken to them and they have no problems with this request. Trustee Sussman noted that during some visits from the Village at the petitioner's last day care center there were more children than were supposed to be there. How can we know that will not happen this time? Mr. Shchupak stated he was not aware that approval by the Village is required. The day care home will be operated in compliance with the regulations. Commissioner Khan asked if they had a DCFS license at the time they resided at 21 Chestnut. Mr. Shchupak stated yes and that is also why he had too many kids and that he needed a Village license. Commissioner Khan noted that if the petitioner goes beyond eight kids this time he could lose his Village license. Mr. Shchupak noted he understands and does not want more than eight. Commissioner Stark asked if this day care was for his income. Mr. Shchupak stated this is for his wife's income. Mr. Raysa recommended that the Village receive a copy of the written lease to the property. Mr. Shchupak stated he will provide a copy of the lease. There being no further comments or questions from anyone else present, Chairman Ottenheimer closed the public hearing at 7:55 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: 08/05/2009 Type of Meeting: ❑ Regular Meeting REGULAR MEETING BUFFALO GROVE PLAN COMMISSION August 5, 2009 Child Day Care home at 457 Raphael Avenue Special Use in the R-5 District Chairman Ottenheimer called the meeting to order at 7:55 p.m. in the Village Council Chambers, Buffalo Grove, Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Ottenheimer Mr. Smith Ms. Bocek Mr. Khan Mr. Teplinsky Mr. Stark Mr. Cohn Mr. Myer Mr. Weinstein Commissioners absent: None Also present: Ms. Elena Lewis Mr. Yuri Shchupak Ms. Beverly Sussman, Village Trustee Mr. William Raysa, Village Attorney Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES Moved by Commissioner Smith, seconded by Commissioner Myer to approve the public hearing minutes of July 15, 2009. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer, Khan and Weinstein abstaining. Moved by Commissioner Smith, seconded by Commissioner Myer to approve the minutes of the regular meeting of July 15, 2009. Commissioner Teplinsky noted a correction for page 2 of the minutes. All Commissioners were in favor of the motion and the motion passed unanimously with Commissioners Ottenheimer, Khan and Weinstein abstaining. COMMITTEE AND LIAISON REPORTS Commissioner Khan stated the July 20, 2009 had no referrals for the Plan Commission. Commissioner Teplinsky stated the August 3, 2009 also had no referrals for the Plan Commission PETITION TO THE VILLAGE FOR APPROVAL OF A SPECIAL USE TO OPERATE A CHILD DAY CARE HOME AT 457 RAPHAEL AVENUE, A SINGLE-FAMILY DETACHED HOME ZONED IN THE R-5 SINGLE FAMILY DWELLING. Moved by Commissioner Teplinsky, seconded by Commissioner Smith to recommend approval to the Village Board of the petition of a special use to operate a child day care home at 457 Raphael Avenue, a single-family detached home zoned in the R-5 Single-Family Dwelling District, subject to: 1. Limiting the maximum number of children to eight 2. Furnishing a copy of the written lease to the Village of Buffalo Grove Commissioner Weinstein asked that the motion be amended to require the furnishing of a copy of the DCFS license upon receipt. Commissioner Stark seconded the motion. All Commissioners were in favor of the amendment to the motion. Commissioner Cohn commented that for child safety in an emergency and if there is a language problem between the caregiver and 911, it is a hazard to children. Chairman Ottenheimer called for a vote on the motion and the vote was as follows: AYES: Smith, Bocek, Khan, Teplinsky, Stark, Cohn, Myer, Weinstein, Ottenheimer NAYS: None ABSENT: None ABSTAIN: None The motion passed 9 to 0. CHAIRMAN'S REPORT—None FUTURE AGENDA SCHEDULE Mr. Pfeil said that it will probably not be necessary to schedule a meeting for August 19, 2009. The next meeting will be held in September. PUBLIC COMMENTS AND QUESTIONS -None STAFF REPORT Mr. Pfeil noted this evening there was an Appearance Review Team (ART) meeting for the Villas of Chestnut Ridge. Red Seal Development is proposing a new package of models for the homes to be constructed on the remaining 18 lots in the subdivision. The homes will be smaller and less expensive than the models approved by the 2004 annexation agreement. The ART had a very good discussion concerning the new proposal, and some changes will be made based on the review comments. The consensus of the ART members is to recommend approval of the new appearance package (as revised)to the Village Board. NEW BUSINESS—None ADJOURNMENT Moved by Commissioner Smith, seconded by Commissioner Khan and carried unanimously to adjourn. Chairman Ottenheimer adjourned the meeting at 8:02 p.m. Respectfully submitted, Fay Rubin, Recording Secretary APPROVED BY: LESTER OTTENHEIMER, Chair