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Minutes - 08/15/2016 - Plan CommissionvltLAct: bF MINUTES OF THE AUGUST 15, 2016 OAK BR 2 �K REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON SEPTEMBER 19, 2016 1. CALL TO ORDER: CALL TO ORDER 2. 3 2 The 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 7:08 p.m. ROLL CALL: 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 ABSENT: Member Raju Iyer and Naveen Jain IN ATTENDANCE: Planner Rebecca Von Drasek and Planning Technician Gail Polanek APPROVAL OF MINUTES: MINUTES MEETING OF THE PLAN COMMISSION OF JUNE 20, 2016 .TUNE 20, 2016 Motion by Member Doyle, seconded by Member Lal to waive the reading of the minutes and to approve the minutes of the June 20, 2016 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. MEETING OF THE PLAN COMMISSION OF JULY 11, 2016 JULY 11, 2016 Motion by Member Doyle, seconded by Member Lal to waive the reading of the minutes and to approve the minutes of the June 20, 2016 Rescheduled Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. Chairwoman Tropinski noted that New Business would be heard before continuing the ongoing review of the Zoning Ordinance update. NEW BUSINESS NEW BUSINESS A. VILLAGE OF OAK BROOK — ZONING REGULATIONS — OFF - PREMISES vOB - TEXT AMENDMENT - PARKING REGULATIONS — TEXT AMENDMENT OFF - PREMISES PARKING REGS Rebecca Von Drasek, Village Planner provided an overview of the requested text amendment, noting that it was being sought to correct an oversight within the Code VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 9 August 15, 2016 that allowed for uses outside of Oak Brook to possibly suggest accessory parking within the community. Staff was directed to seek a text amendment to address the issue as well as update some distances contained with the ordinance that had previously been amended to 300 feet and then again to 550 feet. Staff found that governmental facilities, including the forest preserve and park district that in some instances will need to park farther than 550 feet. The proposed text also includes an expansion to 1500 feet for these governmental facilities. The ordinance has required an encumbrance or shared parking agreement as part of it, which is generally found in commercial districts where there is shared parking. However, there was not the stipulation that the use be within the municipality, which is the major portion of the text amendment. Proposed Text Amendment: A. Existing Parking Facilities: Accessory off street parking facilities in existence on the effective date hereof and located on the same lot as the structure or use served shall not hereafter be reduced below the requirements for a similar new structure or use under the provisions of this chapter. (1) B. Location: After the effective date hereof, all off street parking spaces shall be located on the same lot as the building, structure or use of land served; however, for buildings, structures or uses other than single - family residences: Off street parking spaces may also be located on a lot other than the lot on which the building, structure or use of land served is located, in accordance with 13 -12 -3 K., provided that: a. said spaces are also within five hundred fifty feet (550') walking distance of such building, structure, or use of land, or b. there is a commercial vehicle providing shuttle service between the parking spaces and the building, structure or use of land, and c. both the parking spaces and the building, structure or use of land are within the Village of Oak Brook. (2) Off street parking spaces for any event sponsored by a governmental entity having property within the Village, provided said spaces are located within one thousand five hundred feet (1500') of such building, structure or land which is used for the event. h1 addition, for single - family residences- no required spaces may be located in any front or side yard. Any and all other use of off- street parking spaces in the Village that is in conflict with this section is prohibited unless specifically authorized by the Village Board of Trustees. K. Control Of Off - Street Parking Facilities: In cases where parking facilities are permitted on a lot other than the lot on which the structure or use served is located, a covenant running with the land must be recorded in the office of the recorder of VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 9 August 15, 2016 deeds of DuPage County, Illinois, on the lot upon which the accessory off - street parking is located which prohibits any other use on that lot, and a copy of the recorded covenant certified by the office of the recorder of deeds of DuPage County, Illinois, shall be deposited with the director of community development. The covenant shall not be released until such time as either one of the following conditions occurs: 1. The structure on the lot containing the principal use is removed and the principal use terminated. 2. Another lot of the required size within the required distance is properly developed and used for the required accessory off - street parking in place of and in lieu of the initial lot used for accessory off-street parking with the same requirements, covenants, and conditions attaching to such substitute accessory use lot as approved by the same authority as required for approval of such initial lot. Member Doyle noted that in the proposed text under 1.13, asked if the language suggested that at any time there is off -site parking that is within 550 feet that a bus is required. The wording is that there is a commercial vehicle providing shuttle service. Planner Von Drasek responded that it was not necessary to have a bus; the ordinance requires that there is an agreement with the property owner where you are parking. She clarified that it did not require a bus, but that it was in accordance with Section 13- 12 -3.K. She noted that the requirement was not that you have it, but that there is an allowance for a commercial vehicle to provide it. Member Doyle added that the wording states that it is required. It does not seem for a distance that small you would want to require a commercial vehicle and the proposed language seems to read that way. Member Wilczak said that he read it that if it exceeded 550 feet a commercial vehicle was required. Member Doyle felt uncertain about the meaning intended. Chairwoman Tropinski agreed. Planner Von Drasek said that originally in the ordinance when the 300 -foot walking distance was included there was not a requirement for a commercial vehicle. It was an attempt to restructure the paragraph and suggested that it would need to be revised, because we did not want it appear to be a requirement that you have it, but a provision that you may have a commercial vehicle. Member Lal questioned how it was handled for the seniors or anyone else that may have some disability. Five hundred feet may be too much to walls. This may be why there is a need for a commercial vehicle. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 9 August 15, 2016 Gail Polanek, Planning Technician noted that individual buildings can have a valet service and the church has made provisions for that. Member Doyle said that Member Wilczak made sense that it could apply to some parking spaces that are beyond 550 feet, but it did not make sense and needs some kind of clarification. Planning Technician Polanek suggested that the matter could be continued to allow time to tweak the language or take the Commissions comments and see that the language is revised to clarify the language in regards to the Commissioners comments; whatever the Commission felt the most comfortable doing. Chairwoman Tropinski suggested that it be continued to the next meeting, as it was important that the Commission fully understand the language. Member Doyle motioned, seconded by Member Lal to continue the text amendment for the off-premises parking to the next regular Plan Commission meeting in order to revise the proposed text. VOICE VOTE: Motion carried. 5 UNFINISHED BUSINESS A. ZONING CONSULTANTS TESKA ASSOCIATES — COMPREHENSIVE REVIEW OF THE VILLAGE OF OAK BROOK ZONING ORDINANCE Kon Savoy, Teska Associates, provided a brief overview of the zoning ordinance update. Accessory structures and uses, telecommunication facilities in regards to standards and location, along with an expansion and improvement of the existing planned development standards would primarily be discussed at this meeting. In addition, energy conservation and best practices are coming up more in communities as a more frequent issue. Mr. Savoy reviewed the changes in the Group #2 and #3 Revisions, as revised on August 9, 2016. Accessory Uses and Structures — General Regulations. ® Keeping of livestock — Currently it is only allowed if a property is agriculturally zoned land, so it is essentially prohibited. Chairwoman Tropinski suggested that perhaps it should be put out to the public to address those that would like to have more foods that are organic. They may be interested in being able to have their own chicken coop. Member Lal said that he agreed with the way that it is currently written. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 9 August 15, 2016 UNFINISHED BUSINESS ZONING CONSULTANTS, TESKA ASSOC - REVIEW ZONING ORDINANCE Member Doyle noted that he is aware of several residents that keep bees. Member Wilczak noted that in another area outside of Oak Brook, there were people that kept two chickens in order to have their own eggs and when they started to get loud, they would go out and try to quiet them so as not to disturb the neighbors and questioned as to what would happen when they were not home. He thought it was a recipe for disaster. After a brief discussion, it was agreed keep the current language. Member Doyle questioned that the provisions for permitted uses and structures applied to both commercial and residential districts. Mr. Savoy agreed that they apply to both. ® Arbors, pergolas or trellises, not attached to the principal structures were added along with definitions. ® Detached accessory garages in the rear yard. The structures can be located within five feet of the rear yard and side yard lot line. There was a clarification as to the detached garages being allowed to be taller, with the height determined by the zoning district and increased setback for garages structures over 15 feet as provided in Section 13 -3 -6.h of the zoning ordinance. ® Consistency with setbacks of 12 -feet was added for commercial awnings, generators and solar panels. Trailers, Boats and Habitable Vehicles have technical changes. Structure Height ® Minor technical change. There was also a concern that the first floor elevation above grade can raise significantly so that it is stepped up. In some instances, it has been taken advantage. Question was to whether there should be other standard, as was raised by a Trustee. He question if a provision should be included that dense landscaping be added that would grow to a significant height to block the view into a neighboring property. Nothing has changed concerning the measurement of the structure from grade that controls the overall height of the structure. There is nothing in the Code stating where the first floor elevation shall or shall not be. Member Wilczak commented that some surrounding communities that tried to get too restrictive found that it backfired. The height should be set where the Village wants it to be, and should not tell people how to design their houses. They are probably more qualified than the boards. Chairwoman Tropinski added that it almost becomes a design preference by telling them how to design it. The consensus of the Plan Commission was to VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 9 August 15, 2016 leave it as it is. Performance Standards Mr. Savoy explained that the first paragraph is a statement of purpose to clarify the purpose of what the performance standards are intended to accomplish and the applicability of where they are to be complied. There were no suggested changes to the Noise standards. Some of the performance standards that should have been in this section of the code were actually in the ORA District section of the code. For consistency, those regulations were moved to this section so that it applies to all of the zoning districts. There were several revisions as recommended to other communities is to reference state or federal regulations or best practices. Electromagnetic Interference was added to the ordinance, in reference to the cell towers and consistent with the Federal Communications Commission act. Fence Regulations All fence regulations definitions were relocated to the Definitions section of the code. The fence regulations were clarified to allow the code to be better regulated. In addition, the fence panels or sections shall not exceed 48- inches. Member Wilczak questioned the 24 -inch solid fence height. Mr. Savoy noted that they are more of an architectural feature of the house. Trustee Tiesenga suggested that the 48 -inch post not be allowed with a 24 -inch solid fence. Ms. Von Drasek also suggested that in the swimming pool fencing requirements language should be included prohibit a pool fence to be used as a perimeter fence in order to have a taller fence of 48 -60 inches. Telecommunication Towers and Antennae Location to be permitted in the ORAI and ORA3 districts. These are association with highway - oriented uses. It could be modified to allow it along all highway frontage that is not residential or abutting a residential area and to be located within 1000 feet of the highway. Without a restriction on distance on some select parcels, it could be close to a residential subdivision. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 9 August 15, 2016 Planning Technician Polanek noted that presently telecommunication towers are required to go through the Special Use process for approval. The Commission discussed revisions to this section and the Commission agreed to leave it as proposed with the 1000 -foot limitation. In addition, highways should be identified so that it is clear. Tower Design restricts rooftop towers to be placed on a minimum of a 5 -story building. Tower height restricts the maximum height to the maximum height of buildings within the district it is located. Co- Location is encouraged to control a proliferation of towers. Member Wilczak questioned that the fall distance of a tower be included. Mr. Savoy noted that the 1000 distance eliminate the fall distance issue. Energy Conservation, Green Building and Stormwater Best Management Practices. Mr. Savoy noted that these contain guidelines that are encouraged but are not requirements in most instances. Site Design: Encourages natural resources with better site design with best plarming practices. It includes the use of permeable pavers, etc. Solar Energy Systems: Creates some standards for solar panels and shall not cover more than 60 percent of the total roof surface facing a public street or within 50 feet of residential areas. They cannot be on the backside of the home facing the neighbor. It is more about glare, reflection and appearance. Chairwoman Tropinski lilted it and thought it important to have energy conservation. Member Doyle questioned whether there were federal regulations that the Commission that should be considered. Mr. Savoy was not aware of any such regulation, but would verify. Member Sheers questioned why it was limited to 60 percent. Mr. Savoy said that the research standard was consistent among the communities with similar standards. The intent is to allow it and create a balance aesthetically. If allowed it needs to produce enough energy. Member Wilczak commented that the 6 foot above the roofline should be reviewed. Wind Energy System: Roof mounted energy systems are only allowed on commercial buildings, not residential. It was agreed to eliminate the wind towers. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 9 August 15, 2016 Nonconforming buildings, structures, uses and lots. Mr. Savoy noted that these were things that are currently being done and the proposed language codifies the current practice. Planned Development. Mr. Savoy noted that the district was included in 2009. It has been expanded in order to clarify. A minimum lot size of 5 acres was added. Anything regarding residential uses that is common in other communities. Density bonuses are added so that if there are increased buffer yard there is a bonus, however the bonus never exceeds 20 percent. Determination of permitted density for a residential cluster subdivision. There are design standards for open spaces. Specifics were added, but substantial changes were not made. Member Wilczak suggested that the language relating to the Illinois Statues relating to condominiums should be changed to the Common Interest Communities Act. Mr. Savoy noted that the bonuses are a more modern PUD practice. At the end of the day, everything comes before the Village for approval. The Commission discussed bonuses for design elements. Mr. Savoy briefly reviewed the continuing process with the Zoning Ordinance update review. If on target, development review procedures for all the types of zoning approvals would be the next topic covered including submittal requirements. There will be a significant amount of material to review when the site design review standards, procedures and parking regulations. It includes updating the sign regulations, introducing landscaping regulations and site plan review to a process and updating the parking standards. He estimated another 6 months to completion. Member Wilczak motioned, seconded by Member Sheers to continue the zoning ordinance updated review to the next regular meeting. VOICE VOTE: Motion carried. 4. OTHER BUSINESS There was no other business to discuss. 5. PUBLIC COMMENTS No comments were made from the public. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 9 August 15, 2016 OTHER BUSINESS PUBLIC COMMENTS 6. ADJOURNMENT: Motion by Member Wilezak, seconded by Member Doyle to adjourn the meeting at 9:09 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 9 of 9 August 15, 2016 ADJOURNMENT