Loading...
Minutes - 06/20/2016 - Plan Commission'' vi�ncc'�br MINUTES OF THE JUNE 20, 2016 OAK BR , K , REGULAR MEETING OF THE v PLAN COMMISSION OF THE j' VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 15, 2016 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:06 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Raj Lal, Simon Sheers and Kenneth Wilczak (arrived at 7:08 pm) ABSENT: Member Raju Iyer and Naveen Jain IN ATTENDANCE: Trustee Edward Tiesenga, Trustee John Baar, Director of Community Development Robert Kallien Jr. and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: MEETING OF THE PLAN COMMISSION OF MAY 19, 2016 Motion by Member Lal, seconded by Member Doyle to waive the reading of the minutes and to approve the minutes of the May 19, 2016 Special Plan Commission meeting as written. VOICE VOTE: Motion Carried. MEETING OF THE PLAN COMMISSION OF MAY 16, 2016 Motion by Member Lal, seconded by Member Doyle to waive the reading of the minutes and to approve the minutes of the May 19, 2016 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. MEETING OF THE PLAN COMMISSION OF FEBRUARY 25, 2016 Motion by Member Lal, seconded by Member Doyle to waive the reading of the minutes and to approve the minutes of the February 25, 2016 Special Plan Commission meeting as written. VOICE VOTE: Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 8 June 20, 2016 ROLL CALL [,nip -�r�yI MAY 19, 2016 MAY 16, 2016 FEBRUARY 25, 2016 4. UNFINISHED BUSINESS A. ZONING CONSULTANTS TESKA ASSOCIATES — COMPREHENSIVE REVIEW OF THE VILLAGE OF OAK BROOK ZONING ORDINANCE Director of Community Development Kallien provided a brief overview of the zoning ordinance update process. The Village's consultant, Teska Associates has led the stakeholder interviews, has been gathering information, and ultimately will draft a set of code recommendations, which the Plan Commission will evaluate and make recommendations to the Village Board and Zoning Board of Appeals. Kon Savoy, Teska Associates, the Village of Oak Brook Zoning Ordinance Update Consultant explained to the Commission that the revisions are intended to simplify the Ordinance to make it easier to use. Director of Community Development Kallien noted that some of the update of the Zoning Ordinance is a simple reformat and clean up of existing standards and some of the proposed changes are new concepts. He suggested that in the interest of time the consultant focus on the new concepts proposed. Mr. Savoy explained that the proposed revisions were based on the findings from the stakeholder workshops and the consideration of adopted plans, such as the Commercial Areas Revitalization Plan. He began by noting the proposed additions to the "purpose sections" from the Residential Districts. He asserted that the revisions should maintain the high quality of life in the Village. Member Doyle inquired about the provision of housing options for "all age groups ". Mr. Savoy explained that the housing options for all age groups encouraged consideration of the entire life cycle and spectrum of housing needs from young professionals to retirees. Trustee Baar asked if the changes to the purpose section would obligate the Village to approve projects. Mr. Savoy responded that the purpose section within the Ordinance was intended to provide direction and clarifications for standards within the Zoning Districts. Trustee Baar asked if the revised purpose statements would give developers leverage if they were seeking to maximize density on a site. Director of Community Development Kallien explained that the purpose statements are a "preamble" to the Zoning Districts. He noted that any proposed development would still need to comply with each Zoning District's density requirements. He further noted that even in the Districts where multi- family housing is available it is listed as a Special Use, which allows a developer to request the use but does not guarantee approval. Director Kallien concluded by asserting that this approach is consistent with good planning. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 8 June 20, 2016 UNFINISHED BUSINESS Mr. Savoy also responded to Trustee Baar that the revisions to the purpose statements were intended to reflect what is already in place within the community. Member Wilczak observed that if density for some developments were not increased the Village of Oak Brook would continue to lose some market demographics like young professionals. Director of Community Development Kallien added that the Zoning Ordinance is the tool for enacting the Comprehensive Plan. Mr. Savoy highlighted the Planned Development component of the Zoning Ordinance that would also give the Village flexibility going forward for desirable projects. Member Lal questioned the availability of land within the community. Director Kallien pointed out that the Zoning Ordinance has been in place since the 1960's and that the updated Ordinance would continue to see changes to development patterns into the future. Mr. Savoy led the discussion on changes to home occupations. He explained that the changes were to affirm that the residential character of the neighborhoods was maintained. The changes limit the total floor area to only 25% of the first floor, and that only owner occupied residences are permitted to have home occupations. Mr. Wilczak inquired if a gun business would qualify as a "high hazard ". Director of Community Development Kallien stated that it would not and informed the Commission that issue had been discussed with the Village Attorney. Mr. Savoy introduced Jason Engberg of Teska Associates, to explain the proposed regulations to limit the amount of commercial and recreational storage within the residential districts. Mr. Engberg noted that the Teska staff was still formulating the definitions of both commercial and recreational vehicles. He also explained the allowance for some recreational vehicles to be stored on lots larger than one acre provided that the vehicles are parked in the rear yard and appropriately screened. Trustee Baar offered that the recreational vehicle definition be inclusive enough to note that boats, horse trailers, campers, as well as, RVs would qualify as a recreational vehicle. Director of Community Development Kallien added that the commercial vehicle definitions should cover tow trucks, contractor trucks, limousines. Mr. Engberg agreed that the definitions would be specific. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 8 June 20, 2016 IZ Trustee Baar also mentioned the need to prevent the storage of dealer vehicles on residential properties. The Commission briefly discussed vehicle storage. Member Doyle questioned if the conflict between fence height and screening height would be resolved within the Ordinance. Mr. Savoy agreed to review the screening language to prevent a conflict. Mr. Savoy led the discussion regarding lot coverage and explained to the Commission that the Teska staff had reviewed recent building permit applications to determine an acceptable maximum lot coverage. The determination was that twenty percent (20 %) lot coverage was appropriate for residential uses and 30 percent for non - residential uses in the residential districts. Mr. Savoy asserted that these amounts were typical of other communities. Director of Community Development Kallien offered to check with Midwest Club for their coverage and height limitations. He noted that these regulations are searching for the right size of houses for given lots, and that the decision - makers are being asked to provide the answer for future developments. The Commission briefly discussed home sizes within the Village, and noted certain lots where a home appeared to be too large for the lot. Mr. Savoy noted that the intent of setting a lot coverage maximum was attempting to scale new homes to neighboring properties. Director of Community Development Kallien emphasized that the Village needed to balance the rules to make sure that the regulations do not encumber development away from the product that buyers want. The Commission debated the standards as applied within the R -2, Residential District. Mr. Savoy highlighted the revisions within the R -5, Residential District's bulk standards. He estimated that the current standards would result in approximately eight (8) dwelling units per acre, which Mr. Savoy did not believe would be an economically feasible quantity for future developers. Mr. Savoy suggested that a very modest density would be 20 dwelling units per acre for an economically viable project. He asked the Commission to consider this issue and provide him with further direction to leave the R -5 standards or to revise them. Mr. Savoy explained that another proposed revision intended to protect the residential nature of the neighborhoods within the R -3, R -4, and R -5 Districts and there would be three options to prevent new homes from dominating existing homes, through restrictions on bulk. Member Wilczak disagreed with regulations that could further diminish new construction design. He explained his rationale that when developers have to restrict their design to protect existing homes they are not able to provide the product that new home buyers necessarily want. He asserted that this could ultimately drop home values in the community because protecting the older style homes was in his view a method of planned obsolescence for the housing market. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 8 June 20, 2016 Director of Community Development Kallien stated that this was another policy question for staff to protect the existing homes or encourage new construction preferences. The Commission discussed neighborhood characteristics. Member Lal commented that he felt it was important that the Commission needed to protect the vision while realizing the needs of the future. Mr. Savoy also offered that some communities rather than `adopt' these as regulations would offer them as advisory suggestions for developers. Mr. Savoy transitioned into the proposed changes to outdoor dining and the provisions for food trucks. Member Lal confirmed that the Economic Development Committee would be informed of the proposed changes to Commercial Districts, Director Kallien agreed. Member Doyle inquired the opinions from the Trustees present as giving oversight to staff to make determinations on outdoor dining. Trustee Barr indicated that he had no objections. Trustee Tiesenga indicated that although he trusted the judgment of Bob Kallien, that could change and he objected to giving oversight of outdoor dining to staff. Director of Community Development Kallien suggested that he did not want oversight over outdoor dining but rather envisioned the process be handled as a license, similar to liquor licensing. He suggested where a restaurant was able to demonstrate that the necessary requirements could be provided they could then be issued an outdoor dining permit rather than requiring the businesses to go through the lengthy process to seek a Special Use and hold a public hearing in order to place a few tables outside. It is very cumbersome process to existing and established businesses looking to do a minor expansion. Some of the bureaucracy needs to be eliminated. The most difficult thing there was for a restaurant to get was the liquor license. The process is very streamlined. Outdoor dining requests have to go through the Plan Commission, if there is no quorum the meeting is continued. When the Plan Commission meeting is concluded the matter goes to the Zoning Board of Appeals, then it goes to the Village Board at two meetings, for concurrence and then approval of the ordinance. When that is concluded the restaurant then can apply for the building permit. It took them three times as long to get approval of four tables than it did to get the liquor license. The process should be streamlined so that not all types of routine requests need to go through the board's process (Plan Commission, Zoning Board and Village Board). If a special use process is not created for a food truck or if there is no faith in staff to do it, a licensing program could be created such as the approval for raffle licenses, which could create a very expedited process that someone could apply for and all relevant departments could weigh in on and they should be able to do it. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 8 June 20, 2016 If something does not quite fit those parameters, then the village board could review it. We need to get away from the one -size fits all that you need a special use or another process. Director Kallien felt the Special Use process was intended to review significant changes to current land use such as the recent Christ Church request that had significant changes requested on over 30 acres of property spending millions of dollars on improvements. However, that process is the exact same process that was required for Chipotle restaurant when they sought to add 4 tables outside its restaurant for outdoor dining. Something does not make sense. There needs to be a different process, which is what the consultant is trying to create a way to achieve some of these routine things in an expeditious. Member Sheers said that he would hand the responsibility to Mr. Kallien, but when he is replaced, how would we know it would be the right thing to do. Director of Community Development Kallien said that there is a building permit process with houses reviewed that cost 10 million dollars and there are very specific regulations on what is required in terms of detailed construction plans, with a sign off required after review from engineering, water, Flagg Creek, etc., and at the end of the day staff is able to review those plans, even for very large commercial projects and are able to issue a permit to proceed. The standards are very specific and there are enough checks and balances in place in the process to monitor the work of others. The process has worked relatively well with multiple people holding the position of building official. If a good process is in place, there should be confidence that there would not be a misinterpretation of the rules. It could be set up so there would not be a fear that should someone leave the department that the rules would still be interpreted the same way. Member Lal offered that Teska's suggestions is reflective of best practices of municipal regulations and that the members may be looking for some sort of toolbox for staff to figure out, but would ultimately come to the village board. . Mr. Savoy noted that the regulations are addressed to a community they understand that that is seeking to enhance economic development and streamline the process and simply wants to make doing business in Oak Brook easier to do without going through unnecessary hurdles. He could not imagine a food truck in a business district parking lot affecting anyone, whether it is there 5 days a week or once a week, as long as it is operated appropriately, the manager of the property is dealing with his issues with their tenants as to whether it would be allowed. The ultimate control, should anything go wrong or if it would become a nuisance, Bob would know about it and serve notice or pull the certificate of use. He believes there are sufficient layers of control to address whatever the issues are. He could not imagine there would be many calls. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 8 June 20, 2016 Trustee Tiesenga added his concern that the allowance of food trucks might cannibalize the brick and mortar restaurants. He cited City of New Orleans vs. Duke and recent issues in Elmhurst with a hotdog lady selling fantastic hot dogs for 50 cents and no one is going inside any of the restaurants. It will be an economic thing. Oak Brook is known for its restaurants. Does the community want to see many high -end food trucks cannibalizing the brick and mortar businesses? Input should be received from the restaurant community, because the smaller restaurants would be the first to fail because the experience could be replicated from a food truck, unlike a higher end restaurant. Before Oak Brook says it is open to anyone with a food truck, does that have an impact on the quality of life, which why the regulation of food trucks is important. He encouraged that Elmhurst be contacted regarding its regulations. Director of Community Development Kallien responded that some sort of regulation would be needed for food trucks. There are events that occur on the Sports Core property on weekends where there are food trucks as part of the soccer and polo events. There are also events on the weekends on the Hawk's soccer fields. Oakbrook Center as part of its approved planned development could bring food trucks into the Center. If it is decide not to have them, then the Village could technically not have them at the Sports Core as well as inform the Park District and Hawk's Soccer that they would not be allowed. He added that it might be a fad that would go away, such as the old ice cream trucks that used to go through neighborhoods. The restaurants may fight it, but then there may be a Maggiano's or Gibsons food truck. There was a general discussion regarding civil liberties, capitalism and regulations within Oak Brook. Director of Community Development Kallien urged the members to get any questions to him in advance of the meeting so that it can be resolved ahead of time. Member Doyle motioned, seconded by Member Lal to continue the zoning ordinance updated review to the July 11, 2016 rescheduled meeting. VOICE VOTE: Motion carried. 4. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 5. PUBLIC COMMENTS PUBLIC COMMENTS No comments were made fiom the public. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 8 June 20, 2016 6. ADJOURNMENT: Motion by Member Doyle, seconded by Member Lal to adjourn the meeting at 9:33 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Robert L. Kallien Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 8 June 20, 2016 ADJOURNMENT