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1992-04-01 - Plan Commission - Minutes REGULAR MEETING BUFFALO GROVE PLAN COMMISSION April 1, 1992 Jewish Council for Youth Services Route 83 West of the LaSalle Bank Property Rezoning to the Office and Research District Approval of a Special Use and PreliminaryPlan for a PP P Child Care Center -- Workshop #1 Zoning Ordinance - Proposed Amendments Concerning Child Day Care Homes in Residential Districts Workshop #1 Chairman Silbernik called the meeting to order at 7: 30 p.m. in the Municipal Building, 50 Raupp Boulevard, Buffalo Grove, Illinois. Commissioners present: Chairman Silbernik Mr. Goldspiel Mr. Krug Ms. Howard Ms. Genell Mr. Samuels Commissioners absent Mr. Rhodes Mr. Rosenston Also present: Mr. Jeffrey R. Brown, Jeffrey R. Brown Associates Mr. Joseph R. Krusinski, Podcor Construction Company Mr. Greg Steinberg, Jewish Council for Youth Services Mr. Brian Rubin, Village Trustee Mr. Robert Pfeil, Village Planner APPROVAL OF MINUTES L, Moved by Commissioner Goldspiel, seconded by Commissioner Krug, to approve the minutes of the Regular Meeting of March 18, 1992 . Commissioner Krug requested an addition on page three to reflect a fourth item to be studied concerning no turns on a red light between the hours of 7 : 00 a.m. and 7: 00 p.m. on Dundee and Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 1 Arlington Heights Road. Commissioner Goldspiel stated that on page nine when Chairman Silbernik calls for a vote it should be reflected that amendments to the motion were accepted by the Commissioners who made and seconded the motion. On page eight, Commissioner Genell requested that paragraph four further state "particularly as to how the changes would effect the original request for variance to the ordinance regarding detention". COMMITTEE AND LIAISON REPORTS - None ZONING ORDINANCE - PROPOSED AMENDMENTS CONCERNING CHILD DAY CARE HOMES IN RESIDENTIAL DISTRICTS -- WORKSHOP #1 Mr. Pfeil reviewed the history of the ordinance and stated that in 1990 the Village amended the .Zoning Ordinance to allow Child Day Care Homes as a Special Use in single-family homes in the R-E through R-7 Districts. Mr. Pfeil stated that one of the conditions of approval of a special use for a day care home is that the special use is valid for two years, and a public hearing by the Plan Commission is required to re-authorize the special use. In addition, the term of the special use approval for specific petitioners is made concurrent with the operator's license issued by the Illinois Department of Children and Family Services (DCFS) . Mr. Pfeil further noted that in the case of Barbara Bieniek, her special use was approved on February 4, 1991, with the stipulation that the special use was in effect for the period concurrent to her DCFS license. The ordinance approving Mrs. Bieniek's special use stipulated that a public hearing would be required to re-authorize the special use for the period after December 5, 1991 when her DCFS license expired. Mrs. Bieniek asked the Village Board for relief from the public hearing requirement since her special use had been in effect for less than one year. Mr. Pfeil stated that the Village Board reviewed this matter on December 16, 1991 and determined that the public hearing requirement concerning re-authorization of special uses for day care homes should be reviewed. The Board also indicated that a public hearing every four years may be sufficient for the renewal of individual special uses for day care homes. Mr. Pfeil further stated that the Board indicated that this review should include discussion of a monitoring and enforcement system that would identify and rectify any problems with individual day care operators during the four year period. The Board also suggested that the Zoning Ordinance should stipulate that if the Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 2 ownership of a property changes, the special use for the day care home would be terminated. Trustee Rubin stated that the Board had suggested that language be adopted to tie in the first renewal with the public hearing since the fee for a public hearing is $75.00. Chairman Silbernik asked if the clock could start running on the special use permit beginning with the issuance of the DCFS license. Mr. Pfeil noted that in the two cases involved right now, the people already have their DCFS license and then the Village decided that to make this legal under the Village zoning there needed to be a special use permit. Mr. Pfeil further noted that Commissioner Krug was correct in stating that one of the requirements of the special use permit is to have a current DCFS license before such special use is issued. Chairman Silbernik stated he is not opposed to a four year term after an initial tie to the first renewal of the DCFS license. His concern is for the neighbors who would have to wait four years to voice their concerns regarding any problems caused by the day care home. Chairman Silbernik stated he would prefer to see a public hearing with a first renewal, possibly waiving the fee on that hearing if it is less than a year or so. Commissioner Samuels stated that he would prefer to see one automatic renewal after each public hearing with the provision that if a certain number of written complaints are received by the Village prior to that renewal, then there would have to be a public hearing again. Commissioner Krug rejected the idea of basing the public hearing on the number of complaints received by the Village, noting that many people do not have well-founded complaints. Commissioner Samuels inquired how complaints are handled. Mr. Pfeil stated that the Department of Building and Zoning would send an inspector out to investigate and assess the situation. The health officer and Fire Department inspects daycare homes and a special use permit can be revoked at the discretion of the Village if the conditions of the special use are not being met. Commissioner Samuels stated that if a home is operating without any Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 3 complaints he does not see any reason why a waiver of public hearing should not be given. Commissioner Goldspiel stated that the purpose of the special use hearing is to see how the day care home has been operating and if the home is creating any detrimental influence on the neighborhood. He said that he would prefer to allow a waiver of the public hearing for the second renewal rather than the first renewal. He noted that it is at the first renewal that problems can be adjusted and corrected which is the purpose of the first renewal hearing. Mr. Rubin stated that the problem arose because the DCFS licensing is given for a two year period and the public hearing renewal can often come up shortly thereafter which creates an undue burden on the petitioner. He suggested that perhaps it can be an administrative determination if there needs to be a hearing. Commissioner Genell suggested that the fee be waived for the public hearing. Chairman Silbernik noted that there should be a one time public hearing fee for that special use. Commissioner Samuels noted that the $75. 00 fee is a fee charged by the Village and that there are other costs associated with a public hearing. Mr. Pfeil noted that the $75. 00 pays for publication of the notice of hearing; the Village's Department of Public Works also has to post a sign on the property. Mailing fees for the notice of hearing sent to adjacent property owners are also paid by the petitioner. Commissioner Goldspiel stated that the first renewal is still the best time to catch any potential problems and he would not be happy with a four year initial term on a special use permit. Commissioner Goldspiel inquired if the Plan Commission can waive a public hearing. Mr. Pfeil stated that the Village Board can waive a hearing. Commissioner Samuels inquired if fines collected from illegal day care homes could be used to pay for public hearings. Commissioner Goldspiel noted that administrators dislike dedicated funds in small amounts. Mr. Pfeil noted that he would have to consult with the Village Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 4 Attorney regarding this question. Mr. Pfeil also noted that he will work with other staff members on some kind of language for this zoning ordinance and the possibility of a fee waiver would be looked at. Chairman Silbernik requested that thought be given to modifying the ordinance so that for subsequent public hearings, only signs be posted, and mailing and publication costs be avoided. Commissioners Samuels and Goldspiel stated that posting a sign does not list enough information and that there may be a requirement in the statutes for other requirements of a public hearing. Commissioner Genell asked if the ordinance specifies how many people must be notified of the public hearing. Mr. Pfeil stated that all property owners within 250 feet of the site must be notified. He further noted that the requirement could possibly reduced for the day care special use ordinance. Commissioner Goldspiel and Chairman Silbernik objected to any reduction of the 250 feet notification requirement stating that it encompasses only three or four houses which is not overly burdensome. JEWISH COUNCIL FOR YOUTH SERVICES, ROUTE 83 WEST OF THE LASALLE BANK PROPERTY - REZONING TO THE OFFICE AND RESEARCH DISTRICT AND APPROVAL OF A SPECIAL USE AND PRELIMINARY PLAN FOR A CHILD CARE CENTER -- WORKSHOP #1 Mr. Jeffrey Brown of Jeffrey Brown and Associates stated that they had tried to adapt the plan to respond to the comments made by the Village Board and they would now like to receive the Plan Commission's input. He noted that preliminary talks with the Illinois Department of Transportation (IDOT) indicates that two access points could be approved for the site. One access point would be a two way entrance on the southeast corner and a one way exit at the northwest corner of the site. Because of the configuration of the site two access points would not work out well. Therefore, they have tried to create a building that backs up j to the street with a two way access off of Route 83 creating a loop through the site and back out again. He noted that the main concern for a day care center, as noted in their other facilities, was not necessarily parking but rather stacking space. The average length of time that a person needs to drop off or pick up their children is two to four minutes and therefore stacking, rather than the Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 5 amount of parking, is the critical element. The loop creates a cul-de-sac situation allowing for stacking of cars all around the circle. The site is a 1.42 acre tract with an L shaped building creating a play area to the north and west of the building extending back to the property line. Parking for a van and small bus has been created. In response to the Board's concerns for safety, Mr. Brown noted that the play area has been pulled back and the detention area and berming has been placed next to Route 83 to alleviate the concern of cars mounting the curb and getting through the fence area. The fence has been pulled back to the 25-foot setback line. Classrooms on the south end of the building have no direct access outside and will exit through the fenced area to the main entrance. The classrooms for children who are full day do have direct access and they are on the north side of the building. Mr. Brown noted that they are working with their civil engineers to create the detention requirements in the 25-foot setback area which will create another safety barrier for the play yard. Mr. Brown further noted that JCYS is working with LaSalle Bank to try to develop a link through their property out onto Arlington Heights Road. Commissioner Genell asked how many children would be accommodated in the building. Mr. Brown stated that the facility would be licensed for 145 children but noted that JCYS typically does not go to that maximum in their operations. Mr. Steinberg stated that the maximum number of children their type of program would accommodate would be 80 or 90. Commissioner Goldspiel asked if the 25-foot setback would be sufficient for developments abutting arterials. Mr. Pfeil stated that the Office and Research District requires a landscaped building setback of 25 feet along streets. Commissioner Goldspiel asked if the 15 foot setback along the north property line was sufficient. Mr. Pfeil stated the ordinance requires a 30 foot setback for parking areas from a residentially zoned property. A setback of 60 feet for buildings is required from residentially zoned property. Technically the proposed building is about three feet into the required setback. Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 6 Commissioner Goldspiel inquired if the adjacent Long Grove property on the north is platted and that this information be reviewed. Mr. Pfeil noted that 0 & R zoning with a special use appears to be appropriate for this site since the adjoining bank property is zoned 0 & R. Commissioner Goldspiel inquired if the Plan Commission has any authority to vary the 30 foot requirement for a parking area abutting a residentially zoned property. Mr. Pfeil noted that the Plan Commission has complete authority to vary the requirement. Commissioner Goldspiel asked how much space is presently shown between the parking lot and the north property line. Mr. Brown stated that area shows about 10 feet of space. Commissioner Goldspiel stated the 3 foot would have to be dealt with as well as the 10 feet and he did not feel that 10 feet is an adequate setback between the parking lot and residentially zoned property. Commissioner Goldspiel noted that he would like the 5 foot concrete sidewalk extended to meet with the sidewalk proposed along Route 83 . Mr. Brown stated that the sidewalk along Route 83 has been eliminated from their plan because there is no sidewalk on the bank property nor the vacate property on the north end located in Long Grove. Commissioner Goldspiel stated that Buffalo Grove has a requirement that there be sidewalks on arterials. He further stated that he believes Long Grove is considering a sidewalk and bicycle path along the east side of Route 83 in conjunction with the widening of Route 83 . Mr. Pfeil stated that he would check to see if those plans are actually meant for the west side of Route 83 . He noted that the Village has had discussions with IDOT concerning sidewalks that .. ' could be built as part of the planned Route 83 improvement. Commissioner Goldspiel asked for more information on the access to Arlington Heights Road. Mr. Brown stated that the JCYS is negotiating with the La Salle Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 7 Bank for a road link between the two sites out to Arlington Heights Road but that no determination has yet been made. Mr. Steinberg stated that they would extend the bank's driveway across what is now their undeveloped piece of property into the proposed site if negotiations are fruitful. Mr. Krusinski of Podcor Construction Company stated that the issue is not whether LaSalle Bank is willing to cooperate but rather that putting a road through at the outset before any kind of future development takes place may prohibit the options they have for development of their property. Commissioner Goldspiel stated that he would like to see the proposed sidewalk extended along the Route 83 right-of-way to connect to the sidewalk at Arlington Heights Road. Mr. Brown and Mr. Krusinski stated that the petitioner would construct a sidewalk on the JCYS site if the Commission recommends it. Commissioner Goldspiel asked how many employees would staff the proposed facility. Mr. Steinberg stated that there would be a total of 16 staff members with a maximum of 12 employees in the facility at any one time. He further stated that there would be no problems with parking as they are providing 30 parking spaces. Commissioner Krug noted that 8 parking spaces would be lost if an access road into the La Salle Bank property is built. He inquired if anyone had asked LaSalle Bank about shared parking rights. Mr. Steinberg noted that their other facility has approximately 32 or 34 spaces and they are well above their needs. Therefore, he does not feel any necessity for more parking spaces at this proposed facility. Commissioner Krug asked if there would be any special events or programs held at the facility which would require increased parking space. Mr. Steinberg stated that any kind of special programs as well as parent/teacher conference days are scheduled over a series of days. This would eliminate the need for any extra parking spaces. In addition, the facility would not be able to handle a great number of people in the building at one time. Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 8 Commissioner Krug asked if a tree survey has been done. Mr. Steinberg stated that there are no major trees on the property as this property was formerly used primarily for agricultural purposes. Commissioner Howard asked if the van and bus parked near the trash bins would interfere with garbage pickup. Mr. Brown stated that the van and bus would be moved as needed or the dumpster would be rolled out to the garbage trucks for pickup. He noted that they think parking the bus and van at that location would help to hide the trash area very effectively. Mr. Brown stated that the proposed turning radius in the parking lot will provide adequate room for turning movements of fire fighting equipment that would be used at the site. He further noted that the Fire Department's request for a 60 foot turning radius would be required only for their hook and ladder equipment. He said he does not think the hook and ladder would be used at a one- story building. He commented that the planned access road onto Arlington Heights Road would work out which would alleviate the concern about emergency access. Commissioner Howard noted that the stormwater detention area seems undersized. Mr. Brown stated that their engineers would be giving a detailed report on the detention area at the next workshop meeting and hopefully it will incorporate any comments or suggestions presented at this workshop. Commissioner Howard asked if a right turn deceleration lane might be necessary into the site. Mr. Brown stated that they think that the majority of clients would be coming from housing developments from the north and therefore the right turn lane is not essential. Mr. Steinberg also noted that the peak hours for the facility would be different from peak rush hour traffic times. Commissioner Genell inquire how long the proposed 5 foot fence would be. Mr. Brown stated that the fence would completely surround the entire play area. Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 9 Commissioner Genell asked how many children would be in the facility. Mr. Brown stated that DCFS allows a maximum capacity of 145 children but that this operation by JCYS typically falls well below DCFS maximums. Mr. Steinberg noted that the typical classroom usually has 16 children. This is the way they like to run their operation. Commissioner Samuels stated that he would like to see a traffic report from Mr. Carmignani, the traffic consultant and that he would prefer to see a right turn deceleration lane incorporated in the plan as well as a left turn storage bay. He further stated that he would definitely recommend that left turns out of the facility be prohibited. Commissioner Samuels stated that it is actually a necessity to obtain an access road to Arlington Heights Road. He noted his preference for two access points because a single point of access where children are present is a dangerous situation. Chairman Silbernik stated that he would not be able to support a plan with only a single access point. In addition he stated that due to traffic, safety and security reasons he would not want to see a left turn to Route 83 be permitted. Chairman Silbernik noted that the turning radius did not seem sufficient for truck traffic. Mr. Brown stated that all studies show that a 50 foot turning radius is sufficient for a 55-foot rig. Chairman Silbernik noted that for aesthetic reasons, the playground proximity to Route 83 is not desirable but added that some further landscaping design might alleviate the problem. Chairman Silbernik further stated that he would like to see hourly counts of drop off and pick up times over a three or four day period from the other facilities as well as some timing studies relative to the procedures required for parents in picking up and dropping off their children. Commissioner Goldspiel asked for a short history of JCYS. Mr. Steinberg stated that JCYS has been around for approximately 80 years, having started out as the Deborah Boys ' Club which provided recreational facilities and programs. He noted that the JCYS now Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 10 operates mainly day care facilities and the Henry Horner summer day camp. He noted that they serve approximately 1, 500 to 2, 000 children with a budget of $3, 000,000 on a not for profit basis. He stated that their mandate is to provide services not only for the Jewish community but all others as well. Commissioner Goldspiel inquired where staff supervision would come from. Mr. Steinberg stated that they would be hiring on site staff. Commissioner Goldspiel asked if there is a need in the community for further day care facilities or if this facility would merely be competing with others in the area. Mr. Steinberg stated that they did not anticipate much competition due to the fact that the JCYS program is unique and would not compare with any other facilities in the area. Commissioner Samuels inquired if the facility is to be a single story. Mr. Brown noted that the plan proposes a single story 15 foot building. Chairman Silbernik directed the developer to work with the Village staff concerning revisions to the plan and the scheduling of a second workshop. STAFF REPORT Mr. Pfeil noted that the Windbrooke Apartments management had asked the Commission if they would entertain their garage proposal if the number of garage units was further reduced to 30 from 48. Commissioner Goldspiel noted that he would insist that the one garage structure in the northeast part of the site that is 10 feet from the right-of-way must first disappear and all other structures would have to be moved back further from the street. Commissioner Samuels noted that if this reduced plan would still only provide the same 402 parking spaces, then he would still oppose the plan. Chairman Silbernik and Commissioner Howard stated that there is a seeming lack of demand for garages and it seems unnecessary to ruin the appearance of the development. Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 11 CHAIRMAN'S REPORT Chairman Silbernik read a note from Commissioner Rhodes expressing his thanks to the Commission for its thoughtfulness during his recent hospitalization. He further noted two reports he would leave with Mr. Pfeil from the Department of Planning, Zoning and Environmental Quality and the Buffalo Grove Fire Department Annual Report. FUTURE AGENDA SCHEDULE Mr. Pfeil said that a public hearing is scheduled for April 15th concerning the nursing home proposed for the Steepleview site. Also, the proposed gymnastics training center on Barclay Boulevard would be a workshop on this agenda. NEW BUSINESS Commissioner Howard requested that efforts be extended to obtain lights at the intersection of Checker Road and Buffalo Grove Road. She further noted that it would be a good idea to have stop signs placed several feet from Old Checker Road as well as New Checker Road at the intersection of Springside which many motorists travelled at excessive speeds. ADJOURNMENT Moved by Commissioner Goldspiel, seconded by Commissioner Genell 1 and unanimously carried to adjourn. Chairman Silbernik adjourned the meeting at 9: 10 p.m. Respec ully sub 'tted, Fay Rubin, X2ecording Secretary APPROVE B • MART N SILBERNIK, Chairman Buffalo Grove Plan Comm-Regular Meeting-April 1, 1992-Page 12