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