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Minutes - 01/15/2001 - Plan CommissionVILLAGE OF OAK BROOK PLAN COMMISSION MINUTES January 15, 2001 L CALL TO ORDER The meeting was called to order at 7:35 p.m. MEMBERS PRESENT: Chairman Stelios Aktipis Members Barbara Payovich David Pequet Anthony Tappin MEMBERS ABSENT: Stephen Allen Samuel Girgis Surendra Goel ALSO PRESENT: Trustee Alfred Savino Director of Community Development Robert Kallien Village Attorney Richard Martens Village Engineer Dale Durfey A quorum was present. IL APPROVAL OF MINUTES Member Payovich moved, seconded by Member Pequet, to waive the reading of the November 20, 2000, Plan Commission Meeting minutes and to approve them as amended. VOICE VOTE: All in favor. Motion passed. 111. DuPAGE MAYORS AND MANAGERS CONFERENCE — 1220 OAK BROOK BROOK — TEXT AMENDMENT and SPECIAL USE Steven Rhodes, Dommermuth, Brestal, Cobine and West, 123 Water Street, Naperville, attorney for the petitioner, reviewed the request and background of the property. The site is approximately .918 acres and zoned R -3. DuPage Mayors and Managers Conference have occupied the property since 1992, under a 15 -year lease with the Village of Oak Brook. They are now seeking to purchase the property and to set more clearly the zoning for the property. They are seeking a recommendation for approval of a text amendment which is a special use in R -3 District, to clarify the special use to include "conference of municipal governments and related uses." The request is made so that they will be able to continue carrying on the use that they have been doing in that building. As part of their application, they are also requesting that the Village approve a special use for the property in accordance with the revised text amendment. They currently have approximately 2900 square feet under roof and they are proposing to expand the facility by 2700 square feet and approximately 13 parking spaces. This is an expansion of the facility due to the nature of the business they carry on. PLAN COMMISSION Minutes Q 1..1G January 15, 2001 Tim Fluck, Policy Analyst with DuPage Mayors and Managers Conference said that the Conference has been in existence since 1962 and have been located at its current address (1220 Oak Brook Road) since 1992. They are an organization of 36 DuPage Municipalities, including the Village of Oak Brook. They promote excellence in local government and carry on a wide range of the activities. They have a very active legislative program, which make their members aware of developments in Springfield and Washington D.C. They carry out intergovernmental relations and efforts to improve communication between municipalities and DuPage County. They carry out special programs in planning and regulatory issues to make the members aware of recent development in those areas. They also have a number of direct services such as their auction of surplus motor vehicles, which the Village has participated. They currently have a staff of eight full - time employees and have been evaluating both their personnel and staffing needs. Their goal is to increase their staff by about five. Mr. Rhodes reviewed the site plan. They are looking to expand the facility and the parking lot. They are proposing a slight modification to the site plan presented. To satisfy Village staff concerns, they will omit two parking spaces on the northwestern edge of the property and include additional landscaping. This change will allow them to meet all of the ordinances of the Village. Member Tappin asked if it is spelled out the exclusive and restrictive use of the property, generally it is known what it has been used for and raised concerns that the language in the text amendment allows only what they can do there in the future. Director of Community Development Kallien said that under the current zoning, they have every right to continue the use that is there today. Through the text amendment, they are trying to clarify what their utilization of the property is now and in the future. The property can now be used for any permitted use in the R -3 zoning category. The Village Board had originally approved a special use for the Mayors and Managers facility. It was clear in that special use as to what was going on at the facility. If anyone wants to do anything that is to the contrary of the approved special use, they would have to come back to the Village to amend the special use. Mr. Rhodes said that part of the business that the Conference does occasionally are studies run out of their facility such as transportation, development and things of the nature. Those types of activities that are sponsored by the Conference will be part of what they do. They have been doing them since 1992 and they want to be as clear as possible within the Zoning Ordinance to make sure they cover those issues. Some of the phrasing in the Ordinance itself talks about civic centers and municipal offices, so they are trying to be as specific as possible. Sometimes a traffic study firm comes in, uses and pays for some of their space while they are there performing studies on traffic issues and things like that at the behest of the Conference. He wanted to make sure that it was understood that type of activity is still allowed. This is why the word "organizations" was included in the proposed language. They would not be bringing in someone that has no connection to the business that they do. Attorney Martens suggested that the language "(such as organizations performing studies, conducting surveys, or providing consultation to units of local government)" could be changed to read "(such as organizations providing services to units of local government including, conducting surveys or performing studies)" This will help to make it clear that it all has to be for the purpose of providing information of units of local government. Tim Fluck mentioned that the primary concern of the Conference is that the DuPage Mayors and Managers Conference is one of seven municipal councils of government in the metropolitan area. They are somewhat different from five of the others, in that they just exist as a Conference. There is one other organizational form that the Conference uses and that is the CATS (Chicago Area Transportation Study) Council of Mayors, and they provide services operating as CATS Council of Mayors for DuPage County. At least five of the other municipal councils of government operate PLAN COMMISSION Minutes January 15, 2001 2 many other entities under the umbrella of their municipal conference. They have never really embarked on that, but in the last few years, they have recognized that there may be a need from time to time to maybe do that. For example, they are currently doing a comprehensive transit plan for DuPage County and one of the things that has come up is the whole promise of intelligent transportation systems and the use of computers to aid people in making trips from place to place. There is a facility called a traffic management center a "TMC" which really is just a bunch of computers that link to a bunch of different traffic signals and detectors in the county that would really gather information and send it out to local governments and let them know where there is traffic congestion. It would be much better for that to be in an independent organization for getting grants and things like that. The Conference is best suited to operate this kind of entity, so they would like to be able to have a room perhaps in their building that would be filled with computers that would be doing that and they would then operate the traffic management center under their operation. In terms of additional staffing, it probably would not require any, but it would be something the Conference would do. Dale DurFey noted that comments contained in his memo dated January 11, 2001 related to minor changes to the site plan. They are going to resubmit a revised site plan later. Mr. Rhodes said that the issues would be resolved to staffs' satisfaction. No one in the audience spoke in support of the proposal. Dan Callaghan, Developer of the Forest Gate Subdivision that is directly north and west of the subject property, said that Mayors and Managers are good neighbors. He believes they are an excellent buffer between the development and the busy intersection of 31" and Jorie Blvd. The request is also for approval of a site plan for the property allowing expansion of the existing building and parking lot. He realizes they are doing so with the land that Forest Gate donated to the Village and on a whole has no problem with that. That property was deeded allowing construction vehicles to enter and exit the existing driveway off on 315` during the time of construction of all of the Forest Gate units, which will probably last another 3 to 3 %2 years based upon the pace of sales. During the plan submittal for Forest Gate, they did not realize the difficulty emergency vehicles would have to use the Managers and Mayors driveway, and then to turn left and go west onto the loop road of Forest Gate. He had made a commitment that if the driveway were damaged, they would agree to resurface it. After work began in the development, he carried through with the offer and completely resurfaced and rebuilt the driveway. He is concerned that the access driveway will not be decreased from what currently exists. He does not want to have problems with drainage or standing water. In addition, all of the municipal emergency vehicles can turn left and go west on the loop road, with the exception of the ladder truck. However, that truck using a three -point turn can accomplish the turn. He submitted a proposed revision marked "A" (page 14 of the petition file). The darkened line denotes the existing driveway on Lot 82. A proposal marked "B" (Page 13 of the petition file) does show adequate landscaping between the parking lot and 31St Street. He believes the same consideration needs to be given from the increased parking lot and the homes to the west and north of the lot. The Mayors and Managers proposed redesign eliminates two parking spaces and on Callaghan's proposal, it would eliminate three spaces. In addition, he would like to see 11 additional 10 -12 foot spruce trees. He would like permission to install four of the pine trees requested directly west of the driveway at his own expense. He does not want deciduous trees; they would like screening year round, and pine trees will do that. The next issue is the parking lot lighting. The original parking lot lighting is the medium sized street lighting square can that shines down. He would request that type of lighting be removed. There is mushroom lighting along the walkways and around the building, that has more of a residential character. They would also like to have a restriction to prohibit parking lot lighting after 10:00 p.m. PLAN COMMISSION Minutes January 15, 2001 3 roLy The character of the neighborhood would not be changed with the exception of the increase of the parking area. Without the additional landscape buffer between the proposed expansion and homes priced $800,000 and up, their plan as shown is inadequate. The present plan does diminish property values, but if additional steps were taken to buffer the Forest Gate Subdivision with solid landscaping, they would have no objection. He stated that he was not telling the Board what to do, but he asked if they were the people buying those lots, what concerns would they have if the parking lot were expanded into their backyard. He believes the requests are minimal and would appreciate the Board considering them. Suzanne Gordon, 317 Trinity Lane, a 15 -year resident of Oak Brook greatly admires the work of the Plan Commission, Zoning Board and Board of Trustees which have made the town one of the best places to live in the western suburbs. Their future home is Lot 20 that is under construction in Forest Gate. The property is in excellent condition and the existing landscaping shelters it well. She supports the purchaser's right to expand the building and parking lot, and trusts that the Plan Commission will accept an aesthetic and well designed expansion. Her only concerns are the lighting because the rear of the yard will face the lot. She would prefer 8 p.m., but would accept 10 p.m. as a proposed time to shut the lighting off. She also supports the increased landscaping discussed. Chairman Aktipis and the Commissioners discussed the issues raised. Member Tappin said that he supports the lights out at 10 p.m. if not sooner, and the lower mushroom type lighting fixtures that are adequate for safety. He supports the landscaping offered by the Forest Gate developer and believes it would enhance the whole project. Member Payovich questioned the time that current meetings end. Tim Fluck responded that they sometimes have task force meetings that have to meet after hours. They customarily go until 9 p.m., but it would be unusual to go past 10 p.m. Steven Rhodes said that they are willing to consider the landscaping that was offered, however the parking lot has been designed to Village Code to ensure that it meets those Codes. They believe that it is proper as designed. However, they are going to lose two of the parking spaces up toward the ring road and there will be some modification to the landscaping in that area. They would be interested if the developer would like to install four trees near the emergency access road as long as it will fit within the confines of that space. In terms of lighting, they would also agree to the lights out at 10:00 p.m., however, there will probably be some required security lighting at the building. They are willing to work with staff to limit the time the lights are on. Chairman Aktipis questioned the Village requirements. Village Engineer Durfey responded that the Village Code is not specific, each site is looked at on an individual basis. Steven Rhodes said that they would be willing to work with staff to choose an appropriate fixture for the residential neighborhood. Cost is a concern, but they are willing to consider a lower light fixture as long as it is within their budget. As far as the landscaping, their concern would be the site lines onto the ring road. Twelve -foot evergreens may interfere with site lines coming out of the parking lot. They are willing to look at the landscaping on the side of the emergency access road. Chairman Aktipis said that his concern is that when a commercial area is mixed with a residential area there is a real need to provide sufficient buffer, so that the people who spend quite a bit of money to get a nice private home, protect it. He believes that sufficient landscaping should provide an adequate buffer. Mr. Rhodes responded that they would modify their site plan as well as the landscape plan pursuant to comments received by staff. They do understand the Plan Commission's concerns of that matter. Their concern is that a twelve -foot evergreen tree is not an PLAN COMMISSION Minutes January 15, 2001 4 eL-�f inexpensive thing to purchase. They are willing to work with the neighborhood and staff to try to develop an adequate treatment that will be beneficial to both sides. Member Pequet commented that the section to the north is an important aspect of the border situation. Although he understood the site line issue, the reality may come down to eliminating a couple of parking spaces. He felt strongly that the bordering issues are far more compelling than the parking spaces. The northern border is a more important issue for the Lot 20 and 21, than the trees to the west. Member Pequet said that he was concerned whether they had a real commitment from the petitioner regarding the landscaping issues. He would hate to approve the plan with certain conditions, and have them drop off down the way. He would rather see a revised plan come back that is acceptable to both sides. Member Tappin said that the Board of Trustees and Zoning Board of Appeals know what the Plan Commission wants included. Trustee Savino noted that allowances could be included in the recommendation for the special use. Member Tappin moved, seconded by Member Pequet that the proposed Text Amendment is deemed necessary for the public convenience and will be operated so that the public health, safety and welfare are protected and there will be no substantial injury to other property in which it is located. The petitioner has met the requirements necessary to recommend approval subject to the proposed text amendment to read as follows: "Public Utility. Transportation and Government Facilities: Public utility, transportation and governmental service facilities, including municipal offices and civic centers, public libraries, police and fire stations, public works facilities, a conference of municipal governments and ancillary uses including organizations which provide consultation services solely to units of local government." ROLL CALL VOTE Ayes: 4- Nays: 0 - Absent: 3- Motion Carried. Payovich, Pequet, Tappin and Aktipis Allen, Girgis, and Goel Member Pequet moved, seconded by Member Tappin that the Special Use as amended is deemed necessary for the public convenience and will be operated so that the public health, safety and welfare are protected and there will be no substantial injury to other property in which it is located. The petitioner has met the requirements necessary to recommend approval subject to the following conditions: Increased landscaping must provided along the west and north perimeter of the property to buffer the residential homes. 2. The parking lot light fixtures be changed to a lower landscape type lighting fixture. 3. Implement a timer system to turn off the parking lot lights at 10:00 p.m. each evening. 4. Provisions to be included that the landscaping is maintained. 5. Modify the site plan to incorporate the recommended conditions, including an allowance to reduce the number of parking spaces to allow the increased landscaping. PLAN COMMISSION Minutes January 15, 2001 5 R �-`r 6. Subject to Village Engineer's letter dated January 11, 2001 and final Engineering approval. ROLL CALL VOTE: Ayes: 4 - Payovich, Pequet, Tappin and Aktipis Nays: 0- Absent: 3 - Allen, Girgis, and Goel Motion Carried. IV. VILLAGE OF OAK BROOK- ZONING ORDINANCE REVIEW PROJECT — TITLE 13 OF THE VILLAGE CODE — REVISIONS TO CHAPTER 3 GENERAL ZONING PROVIS IONS AND CHAPTER 12 OFF - STREET PARKING AND LOADING The petitioner in this case is the Village of Oak Brook. Director of Community Development, Robert Kallien said that this discussion will pertain to a number of proposed changes to Chapter 3, as part of the comprehensive update to the Zoning Ordinance. The Plan Commission reached a consensus on the items listed in his December 14, 2000 memorandum. However, there were eight other items that the Plan Commission referred back to staff for further discussion and analysis as well as some desire to seek the input of the Village Attorney. 13- 3- 1 -A -2. Add language to permit allowances, which may be requested in conjunction to a special use. Eliminates the need to process special uses, which also involve variances as two separate cases. Such an application of allowances was used with recent review of the special use amendment for the Village Hall expansion project, which involved a 65 -foot wide driveway for the new Fire Station. They are proposing to formalize the concept of permitting allowances as part of special use requests. Over the past few months, staff has presented cases more specifically the Village Hall expansion, that contained an allowance for a fire department driveway as well as for the allowances requested as part of the Residence Inn that was recently approved by the Village Board. These were presented to the Plan Commission in an allowance format instead of a variation concept. The Village Attorney said rather than making people go through the variance process, to handle these as allowances as part of the special use. It is an easier standard to meet when made part of a special use request. In many cases, they are not really items that test well against the standards for a variance. Attorney Martens stated that the concept is not really new. Reviewing the existing the Special Use Ordinance, The Village may impose certain conditions and restrictions pursuant to the existing ordinance. Section 13 -14 -9F (Special Uses) states as follows: "Conditions: The Plan Commission and Zoning Board of Appeals may recommend, and the Village Board may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off - street parking and loading as may be deemed necessary to promote the general objectives of this Title and to minimize the injury to the value of the property in the neighborhood." This is similar to what the Plan Commission did with respect to the Mayors and Managers request, where some allowance were recommended in off - street parking. In another installment of the Zoning Code, Section 14, Administration, they are going to dovetail the language before the Plan Commission tonight with the language in the Administration section so that it will further clarify that allowances can be part of a Special Use request. The language in large measure comes from the State Zoning Enabling Act. That is the genesis of the notion. PLAN COMMISSION Minutes January 15, 2001 6 _'t Chairman Aktipis questioned whether this recommended change is a trend in which other villages have engaged in. Attorney Martens said that it is fairly common in communities around the state to see these allowances as part of special uses. The Forest Gate project had a number of allowances involved in that development. Oak Brook has done it on a number of occasions, and wanted to bring it before the boards and call it by name. Chairman Aktipis said that the change would somewhat simplify procedures. Village Attorney Martens, said that any allowance that would be recommended would have to be reasonable, could not be arbitrary and certainly be in the public interest. These are all judgments made by the Commissions in making a recommendation. Chairman Aktipis also said that in the past, some of these issues would go directly to the Zoning Board of Appeals and the Plan Commission would not hear them. Village Attorney Martens said that Special Uses go through the double hearing process and Variations do not. Typically, the large special uses there are a variety of issues that come into play and the Village needs to step back since we are becoming more and more built out as a village, and see what benefits are gained by the special use and balance that by any possible accommodation or allowance that would be accorded to the developer. Chairman Aktipis said that an absent Commission member was concerned that the approval process would be less stringent if the Village would adopt this change. Village Attorney Martens said that there is a greater measure of discretion, more balancing than would otherwise be the case. As Oak Brook is fully built out, there become questions of redevelopment and most communities in this situation find that for redevelopment frequently these things need to balanced if you are going to attract new development to the community. Very often, there may need to be some allowances made. Director of Community Development Kallien said that the request is to formalize the concept of allowances by including the changes in Chapter 14. Member Pequet moved, seconded by Member Tappin to recommend approval of the revised text as presented. ROLL CALL VOTE: Ayes: 4- Nays: 0 - Absent: 3- Motion Carried. Payovich, Pequet, Tappin and Aktipis Allen, Girgis, and Goel 13 -3 -5. This section, which establishes specific setbacks along certain streets, contradicts some setbacks, which are listed in several of the zoning districts. Also, some of the assumptions, which were used to establish these original setbacks, may not be valid today. As an example, the current setback along York Road contemplates a five -lane cross section through Oak Brook. However, today's traffic patterns and volumes do not support this original assumption. Therefore, three alternatives are being offered for your review and recommendation. Alternative 1 recommends that portion of York Road, south of 31St Street be reduced from 100 feet from the property line to 100 feet from the centerline. This portion of York Road is primarily residential with many homes having direct access to the roadway. This area of York Road is now proposed to have an ultimate cross - section of two thru -lanes with a center turn lane instead of four thru -lanes that exist north of 31St Street. Alternative 2 recommends that the minimum setback along a street be consistent to the setbacks contained in the underlying zoning district with the exception to maintain the 22"d Street setback at 100 feet from the property line. Alternative 3 recommends that the minimum setback along a street be consistent to the setbacks in the underlying zoning district without exception. PLAN COMMISSION Minutes January 15, 2001 7 In regard to Alternative 1, Director of Community Development Kallien noted that the Zoning Ordinance provides for a 100 -foot setback as measured from the property line although the underlying zoning in many cases would require only forty feet. A number of structures have been developed many years ago that really are in noncompliance with that setback. Page 15 and 15a of the petition file are maps that show the impact of the 100 -foot setback as measured from the property line versus the 100 -foot setback as measured from the center line of York Road. One of the reasons this area of York Road was targeted is not only due to the number of structures that are in noncompliance, there is also a roadway that does not have a need for the ultimate cross - section that may exist north of 31S` Street. According to Village Engineer Durfey, York Road will probably only have two through lanes with a turning lane based upon the current and anticipated traffic patterns. Also, most of these properties have direct access to York. The proposal is that we redefine how we measure the front yard setback in this area of York Road. Three alternatives were offered, however Alternative 2 and 3 were for discussion purposes. Alternative 1 offers the greatest opportunity and consideration. Member Pequet said that looking at the maps provided, there are 18 nonconforming structures due to property line setbacks and only 10 if the center line measurement is used. Director of Community Development Kallien said that although those ten may still have a portion of their property be nonconforming, it still offers them greater opportunities for redevelopment. Previously most would have had to come in for a variation to build any building addition. Emanuel and Irene Rousonelos, 3103 York Road, reside in the house on the corner of York Rd and 31s` Street. He said that their house is totaling nonconforming and they are planning on building a new house on the property. Alternative 1 does provide some relief, but Alternative 2 and 3 they feel would eliminate the hardships placed on this lot because of the current setbacks and exceptions to the yards facing Oak Brook Road and York Road. They asked that the Plan Commission consider approving Alternate 2 or 3. Member Pequet questioned the difference between the Alternatives. Director of Community Development Kallien explained that it would provide more relief, however, it would produce a checkerboard effect down York Road because there are several different zoning districts with different setback requirements. They would like uniformity. Alternative 1 gives them some opportunities that currently are not available to them now. Chairman Aktipis noted that those properties that do not conform to the requirements would have the opportunity to come and ask for specific relief for the particular circumstance. Director of Community Development Kallien said they would need to seek a variance. Member Pequet responded that it is staff's recommendation for Alternative 1, which is visualized on page 15 and 15a of the file. That relief will eliminate almost half of the problems. Director of Community Development Kallien said that all of the properties that are currently nonconforming would benefit by this change. Member Tappin added that they should have 100% assurance that they can appeal and get reasonable hearing on these issues. Member Tappin moved, seconded by Member Payovich to recommend approval of the revised text as presented in Alternative 1. ROLL CALL VOTE: Ayes: 4 - Payovich, Pequet, Tappin and Aktipis Nays: 0- Absent: 3 - Allen, Girgis, and Goel Motion Carried. PLAN COMMISSION Minutes January 15, 2001 8 �i.Y 13- 3 -6 -B. Recommend a proposal to permit solid six -foot (6) fences where a residential district abuts a non - residential district or corporate limits of the Village. Our current standard now permits 42 -inch high fences that are 50 percent open. Director of Community Development Kallien said that currently we allow 42 -inch high fences that are 50% open in Oak Brook. ZORC (Zoning Ordinance Review Committee) has proposed that we expand those provisions slightly to allow solid six -foot high fences along residential district that abut up to nonresidential districts or back up to the Village corporate limits. There was a question from the Commission that for properties backing up to major roadways, should this be considered in those areas. The issue was brought back to ZORC and the intent was not to create a "walled effect' along the major roadways. They are seeking to open the fence provisions up slightly so that maximum screening can be provided between adjacent residential and nonresidential uses, or at the perimeter of the Village. There are communities that are nearby that do allow solid fences along their major roadways, but it creates a "wall effect." This is not something that is really desired in Oak Brook. When Oak Brook was created, one of the basic principals found in the beginning documents is that the openness be maintained throughout the community. Member Pequet moved, seconded by Member Payovich to recommend approval of the revised text as presented. ROLL CALL VOTE: Ayes: 4 - Payovich, Pequet, Tappin and Aktipis Nays: 0- Absent: 3 - Allen, Girgis, and Goel Motion Carried. 13- 3 -7 -B. Clarify the timeframe habitable vehicles can be parked or stored on a property to three consecutive days. Director of Community Development Kallien said that the text of the Ordinance says that habitable vehicles cannot be there for more than three days. ZORC has proposed to add "consecutive" days, so that there is some timeframe to at least try to measure a duration for the vehicle. Three days alone, is difficult to interpret and difficult to enforce. It was also raised by the Chairman, as to whether we are in need of some regulation, and could this be modified to regulate the number of vehicles that are actually parked on driveways. ZORC reviewed this issue and there is a matter that each residential parcel has to provide a minimum number of required parking stalls that are not in a required yard. Most people are able to accomplish this by building a garage that is located outside the front yard setback. However, there are people that have more than two vehicles and they do park them on their driveway. Some go to further extremes than others. Some try to maximize the number of vehicles. Chairman Aktipis asked whether the courts would not support the notion that that the Village has any right to regulate the number of vehicles parked in front of a house. Village Attorney Martens responded that part of the problem is that there are a great many residents park vehicles in front of their house. If such a regulation would be created, there could be great ramifications across the community. Member Tappin added that they have had problems with derelict type cars that are left out. Director of Community Development Kallien answered that there is a provision in the current Codes that all vehicles have a current license. Over the past year and a half, Community Development staff has worked with the Police Department to remedy some of those situations. Member Tappin PLAN COMMISSION Minutes January 15, 2001 9 _O-7 said some of the homeowner associations have these regulations built into their regulations. There should be some relief provided. Director of Community Development Kallien said that the Village does not have the staff to run a "Gestapo." Many times when a call is received, the vehicle may have already been there for several days. When we make a site visit, we then confirm that it is there, and then wait another 72 hours for a field study to verify that it is actually in violation. Member Tappin suggested that perhaps it should be put in the regulations that a homeowner has to call the Village for permission, then it is a positive thing rather than catching them doing it later. It would also support what they are doing in the homeowners associations. Chairman Aktipis added that he knows of instances where homeowner associations have had concerns about this problem, and when they have called the Village, they were simply told that there is nothing that can be done. It seems that if an issue becomes such that the association calls the Village, there should be some way by which the Village could take action. If there are more cars than people, that should not be a difficult issue for the Village to support in court. Village Attorney Martens responded that there are a significant number of situations in Oak Brook where people have more cars than they have occupants of the dwelling. These are policy decisions that the Boards need to work through; it is always tough to legislate when some people will push everything to the limits. When you do legislate, it will effect everyone in the town and is apt to have greater ramifications sometimes than you might expect. Member Payovich questioned how many complaints are received regarding cars, not recreational vehicles. Director of Community Development Kallien responded approximately 1 or 2 per year. Member Payovich questioned how many complaints are received regarding RV's. Director of Community Development Kallien said that the Community Development staff may see one parked and will stop by and indicated what the regulations are and usually the problem is taken care of. He said since the Zoning Ordinance was being updated, this was an opportunity to maybe help future enforcement to identify three consecutive days versus just three days. Director of Community Development Kallien said that staff could continue to work on the issue of cars, and if some potential language that could help is developed, it could be brought back later. Chairman Aktipis questioned that someone could move the vehicle after three days and move it back a couple of hours later. Director of Community Development Kallien said that will always be a problem with this type of enforcement, it puts the Village in a very difficult situation to document that a situation may be in noncompliance, and if it moves to an enforcement before a judge, documentation has to be able to support that there was a violation. Village Attorney Martens responded that whenever there is a durational requirement, that possibility will always exist, where someone will work around it. Member Tappin moved, seconded by Member Pequet to recommend approval of the revised text as presented. ROLL CALL VOTE Ayes: 4- Nays: 0 - Absent: 3- Motion Carried. Payovich, Pequet, Tappin and Aktipis Allen, Girgis, and Goel PLAN COMMISSION Minutes January 15, 2001 10 -�?A� 13 -3 -9. Originally 13 -3 -11, recommend including a reference to microcells and a clarification that distributing equipment does not include cellular telephone towers and ancillary equipment. Director of Community Development Kallien said that an example of a microcell would be a telephone pole on 22nd Street or Route 83, small antennas are microcells designed to enhance wireless communications. The suggestion is to allow the reference to microcells be added, but does not include cell towers, which are quite tall. Director of Community Development Kallien said that they were trying to come up with a definition of microcell and Village Attorney Martens said that it was found on the Internet: " Microcell — A wireless communication facility consisting of an antenna that is either a: four (4) feet in height and with an area of not more than five hundred eighty (580) square inches. Or b: If a tubular antenna no more than four inches (4) in diameter and no more than six (6) feet in length in the associated equipment cabinet that is six (6) feet or less in height and no more than forty - eight (48) square feet in floor area." Member Pequet moved, seconded by Member Payovich to recommend approval of the revised text as presented. ROLL CALL VOTE: Ayes: 4 - Payovich, Pequet, Tappin and Aktipis Nays: 0- Absent: 3 - Allen, Girgis, and Goel Motion Carried. 13 -3 -14. Recommend a decrease in the minimum parcel size from two (2) acres to one (1) acre for driveway gates. Several inquiries have been made from residents concerning a desire to construct driveway gates on parcels that are at least one (1) acre in size. Director of Community Development Kallien explained that this issue is regarding driveway gates and said that it seems reasonable to include R -2 properties, which are minimum 1 -acre parcels. At least one requests has been made over the past year for a driveway gate on a 1 -acre parcel. A resident had proposed some language and Village Engineer Durfey suggested the wording on page 13 of the petition file. There is a need to define what is a local street and what is not. Village Engineer Durfey said that first of all there would probably need to have a list of all the classifications that we want to use, then assign values to a street with those in mind. Chairman Aktipis asked whether this was needed to be done at this point. Member Pequet asked if existing gate systems would be grandfathered. Director of Community Development Kallien said that the distance requirements are so that people can turn off the road, park a vehicle in that location, get out and open the gate. It is not as critical in a local neighborhood where the traffic flow is at a much slower rate. If there is something protruding on a roadway that carries a heavy volume of traffic, there could be some problems. Member Payovich moved, seconded by Member Pequet to recommend approval of the revised text on page 13 of the petition file subject to the Village Engineer developing a list of local and nonlocal streets. ROLL CALL VOTE Ayes: 4- Nays: 0 - Absent: 3- Motion Carried. Payovich, Pequet, Tappin and Aktipis Allen, Girgis, and Goel PLAN COMMISSION Minutes January 15, 2001 11 13 -3 -16. Recommend creating language to permit temporary buildings, structures and uses of land for a time period of up to six (6) months with conditions. Currently, these types of activities cannot be accommodated. Director of Community Development Kallien said that ZORC has discussed this further and believes that this issue can be handled without being included in the zoning ordinance. 13 -3 -17. Recommend creating language to permit telecommunications towers on any Village owned property except property zoned CR Conservation /Recreation. Currently, new telecommunications towers are not permitted. The members agreed that this was a good idea on existing towers to generate additional revenue for the Village, but were concerned over building any new towers and where they would be located. As requested by the Plan Commission, a chart was presented by Director of Community Development Kallien showing all village -owned property. Member Pequet said that additional clarification needs to be made as far as to what type of microcell should be placed on what type of building. A microcell on top of a one story well house would be okay; however, to put a one hundred -foot tower on that building is unacceptable in a residential area. It makes a lot of sense to have the option for the Village to put antennas on certain structures if it is in keeping with the structure or the area. The community has areas where reception is very difficult for cell phones, and there is a great need for locations, but it comes down to what type of antenna in what location. Director of Community Development Kallien said that most of the cellular service is provided by the placement of equipment on top of a taller building, or on towers that are in adjacent communities. In reviewing other communities' telecommunication ordinances, many times they will qualify a site by requiring certain setbacks or limit the size of the tower based upon the parcels size or certain use group. Village Attorney Martens said to bear in mind that the Village Board would have the final authority no matter what. Any tower provider would need to have some sort of agreement with the Village in any event, so ultimately the Village would have total control over the matter. Director of Community Development Kallien said that their intention was to provide a vehicle by which someone could request the Village Board the ability to locate a telecommunications tower on one of the sites. The actual approval or construction would be something that would have to be worked out through an agreement with the Village Board. Member Tappin said that they could recommend that caution should be given in residential areas. Chairman Aktipis looked at potential sites, it was agreed by the Members that they should not be located in areas that are zoned residential or CR. They agreed the following sites could be acceptable sites for the Village to use: 1. Village Commons 2. Fire Station II — 22 "d and Enterprise 3. Well House #2 - Windsor Drive and 188 — 4. Water Storage Tank - Tower Drive PLAN COMMISSION Minutes January 15, 2001 12 101--2 Member Tappin moved, seconded by Member Pequet to recommend approval of the revised text as presented with the above stated conditions taken into consideration. ROLL CALL VOTE: Ayes: 4 - Payovich, Pequet, Tappin and Aktipis Nays: 0- Absent: 3 - Allen, Girgis, and Goel Motion Carried. A ten - minute intermission was called. V. CHRIST CHURCH OF OAK BROOK- 501 OAK BROOK ROAD — AMENDED SPECIAL USE FOR EXPANSION OF CHURCH FACILITIES WITH ALLOWANCES TO THE 100 FOOT SETBACK ON YORK ROAD FOR AN ADDITION TO THE BUILDING AND A NEW PARKING LOT Joe Beczak, represented Christ Church of Oak Brook and reviewed the proposed request. They are seeking the addition of two nurture and care rooms adjacent to the Sanctuary; the creation of an audio /visual center above the bridge; an allowance from the 100 -foot setback to allow for the expansion of the existing kitchen, including a new preschool atrium entrance. They are also seeking an allowance to the 100 -foot setback to allow for a 30 -car parking area for preschool drop - off and pick -up. This would also be used on Sunday's for visitors who are physically challenged and need easier access into the church. They will ensure to provide adequate screening with evergreens to protect the aesthetic presentation of the area. They have talked to the surrounding neighbors soliciting comments and making sure that they new what the Church was trying to accomplish and to make sure that it did not interfere with anything that they thought would be displeasing. Member Tappin questioned why a special use was needed to add care rooms to the church. Director of Community Development Kallien said that there is an existing special use on the site and the existing special use had a site plan and building elevations. In this case, they are adding onto the building elevations. They are also seeking allowance for kitchen expansion and atrium and the parking lot to encroach into the 100 -foot setback. In the case of the kitchen expansion, the requested 30 -foot encroachment is within the proposed change to the York Road setback as measured from the center line, and would no longer be an encroachment into a required yard. However, a significant portion of the parking lot mostly the portion that lies closest to York Road, would still encroach into that new setback. It appears to encroach about 85 feet into the required 100 -foot setback. Member Tappin asked how the parking lot would be used including lighting. Mr. Beczak responded that they would recommend using lower lights so as not to disturb the neighbors. They would make sure the lights are turned off by 10:00 p.m. Chairman Aktipis questioned if someone were in need of additional relief that was not allowed they would need to seek a variation, so in order to approve the request they would have to meet those standards. Director of Community Development Kallien responded that under the allowance concept, you have to consider the impact of the request against the requirements for a special use. Village Attorney Martens said that under the Special Use standards, you would have to look at the effect this proposal would have on adjacent properties. The standard as to whether or not this proposal is in the best interest in the best interest of the public health, safety and welfare is also relevant. PLAN COMMISSION Minutes January 15, 2001 13 '-"7 Joe Beczak that they have addressed those standards in their submittal. The parking lot will allow the seniors on Sundays to have special access to the building. It is difficult coming up to the building due to the grade. They have to walk up hill to get to the sanctuary. Village Attorney Martens said that the general standard in all zoning decisions is that it must be reasonable and not arbitrary. The applicant has to present evidence to satisfy those standards and the Commission has to be satisfied that it is a reasonable request and not making an arbitrary decision. Member Tappin questioned the bike path issue. Village Engineer Durfey responded that part of the petitioner's revised application states that they will have 8'6" of area between the bike path and the easement, which would be sufficient. Chairman Aktipis had a question regarding the new parking along York Road. Can parking be added in another area. Does it need to be added at this location? Sam Darby, Architect from Larson and Darby, said that as stated in the submittal there are over 100 mothers and fathers that drop off their children daily to the nursery area. The site, which has grown over the years, there is one access to the site from York Road and one access from 31St Street. As the building has grown, at this location of the building for the nursery, is where the mothers and fathers have to drop off their children. Presently there is a turning circle that is a service area where vehicles service the kitchen and it is also possible for a mother or father to drive into that circle and exchange their children. The closest place mothers and fathers can park to drop off the children is far from the entrance. There is additional property where they could park, which would be south of the access to York Road, but then it is hundreds of feet away from the entrance. With the increase in the activity of the preschool and nursery, the attempt is to get a drop -off point that is safe and secure where mothers and fathers can park and bring their children at grade level into the building. Another advantage is that for special members and friends that have some difficulty climbing the slopes, it would be assignable parking for them on Sunday. Sam Darby passed out a cross - section of the parking area that showed approximate grading that would be available. In the section with a six -foot high hedge, automobiles parked in that lot would not be seen from York Road. The plan illustrates the parking, turning circle, planting strip, bike path, existing parkway and York Road. 30 parking spaces have been deemed necessary by the church to accommodate a need for 120 visits by parents twice a day to exchange their children. There was an alternate scheme developed that had parking only within a changed setback of 50 feet and at most they can get is 20 cars, but they would have to extend the lot another 65 feet to the north. That scheme physically disturbs the view of the sanctuary, which is a substantial presentation of a religious structure from the corner of 31St and York. It would put parking farther north on the property and therefore, there would be greenery and hedge material that would be projecting out beyond what is presently there and it would be an impairment to the view and architecture to the existing building. In this case, recognizing the same problem mentioned earlier and both York and 31" street, they thought it would reasonable to request these parking spaces be placed in a parklike environment on the east side of the property. Member Pequet said that it has some merit to consider the 30 -space parking lot configuration so as not to obstruct the presentation of the structure and the corner. Member Payovich agreed with that point, but she was concerned with what kind of a precedent would they be setting since the church owns the rest of the property going south along York Road. Would they be dealing with this type of situation in the future and how would that affect the Village's dealings with the commercial residents. PLAN COMMISSION Minutes January 15, 2001 14 _12� Member Pequet questioned since it is a special use, would that make any difference? Village Attorney Martens responded that there are other special uses that could perhaps come back. Chairman Aktipis said he would not have a problem, if there were a real demonstrated need for the parking, such as the couple that cannot build without relief being granted. However, if there are alternative solutions to a situation that can be done with the existing parcel, then he is hesitant to provide the relief to the extent that it has been requested. Member Pequet said that the issue here is that the intent of this facility is to make the access safer and more convenient than putting parking 300 -400 feet away. What they appear to be trying to do, is to make the traffic flow and safer situation for the dropping off of the children. The point of the petition is not the need for more parking, but for the convenience with the children. Sam Darby responded that there is ample parking, the safety and the convenience of the parents bringing the children into the facility is the issue. Chairman Aktipis suggested perhaps there could be driving lanes so that there would be temporary parking where a child can be dropped off. Sam Darby responded that it is difficult because they are limited to one access on each street. It is a narrow strip of land and a dead end corridor where you cannot successfully bring traffic in and turn it around and get it out as can be seen by the service circle that is presently there. Chairman Aktipis asked if there is another access into the nursery. Sam Darby responded that there are interior corridors throughout the building, but nursery control and layout in the existing building all begins at this point. This would require traversing through a labyrinth of corridors to get their children to nursery school. Member Pequet said there is a preschool near his office that is almost a production line, with a short window of time when there is an awful lot of traffic coming through. Joe Beczak said that the people trying to come in off 31st Street would end up coming across the lane of traffic where they are currently parking now. They are trying to avoid this flow of traffic as parents are trying to come up to the building itself. By putting the parking lot off to the side, they are able to control the flow of traffic and allow them access to sidewalk, which would allow them easy access into the building. Sam Darby said that the attempt of the church is to get the mothers closer to the building. They looked at another alternative if parking were only allowed on one side, they would get 20 spaces, that is where the view starts to interfere with the sanctuary with the hedge material and parking lot screening. It is an alternative but it is second best by far. Chairman Aktipis questioned if there was a drive there with temporary parking rather than a parking lot with an access onto York Road. Village Engineer Durfey said that it would require a DuPage County permit and it might be deemed to be too close to the intersection and they might deny it. Member Payovich suggested a right in entrance from York Road with an exit through the current entrance. Trustee Savino said that one thing that makes Oak Brook look like Oak Brook is the large setbacks. The corner at Christ Church looks very nice right now and that would be lost. They are seeking a tremendous variation. Director of Community Development Kallien said that it almost seems that with the distance between the main entrance to the Church facility on York back into that far end of the new parking lot, it almost appears that we are creating a parking cul de sac. You have to travel quite a distance to do what you need to do and then come back out. There will be competing interests of people trying to get in and out of spots, along with parents and kids walking across the drive aisles. There will be a lot of activity in a really constrained area. The ability to move the traffic in and out of there safely would be the question. Sam Darby said that he cannot disagree, safety is a factor and if there could be allowed to have an entrance only off York Road that might solve the problem. Chairman Aktipis suggested they might want to investigate that possibility. PLAN COMMISSION Minutes January 15, 2001 15 Sam Darby said that they would like to separate the issues so that the parking issue can be dealt with separately. Irene Rousonelos, 3103 York Road, testified that they live directly across from Christ Church and would be affected visually and see no problem with the plan. She said that both their children went to Christ Church preschool, and personally, it was very difficult to bring in the children. There were fifty cars trying to go through this circle drive. Emanuel Rousonelos, 3103 York Road, testified that he believes the preschool has a positive effect on the children, which will hopefully be good future citizens of the Oak Brook area. They do not have a personal affiliation with the Church. Trustee Savino suggested that the Park District has a system with their preschool program, the parents drive adjacent to the facility, and they come out and assist the parents and children. So they stand and never park. Jill Fleischman, 3109 York Road, testified that she lives directly across the street of the proposal. She said that she is in favor of all of the requests and she will be in favor of the parking request when it comes forward. Member Payovich moved, seconded by Member Tappin with the agreement of the applicant, Christ Church of Oak Brook to table the portion of the hearing relating to the allowance to the 100 foot setback on York Road for a new parking lot. Voice Vote: All in favor. Motion passed. Member Payovich moved, seconded by Member Tappin that the Special Use as amended as follows is deemed necessary for the public convenience and will be operated so that the public health, safety and welfare are protected and there will be no substantial injury to other property in which it is located. The petitioner has met the requirements necessary to recommend approval for the following: a. The addition of two nurture and care rooms adjacent to the Sanctuary; b. The creation of an Audio/Visual Center above the Bridge; C. An allowance from the 100 -foot setback to allow for the expansion of the existing kitchen, including a new preschool atrium entrance; d. To be built in substantial conformance with the plans as submitted; e. Final Engineering approval. ROLL CALL VOTE: Ayes: 4- Payovich, Pequet, Tappin and Aktipis Nays: 0- Absent: 3 - Allen, Girgis, and Goel Motion Carried. Vl. VILLAGE OF OAK BROOK — FLOOD PLAIN SPECIAL USE FOR THE 2001 ROADWAY PAVING PROJECT in TIMBER TRAILS SUBDIVISION Village Engineer Durfey reviewed the proposed project. He reviewed a typical section in the Timber Trails Subdivision as shown on page D of the petition file. He explained that they are adding two -foot wide concrete shoulders on each side like they did previously in Ginger Creek, PLAN COMMISSION Minutes January 15, 2001 16 Yorkshire Woods and Woodside Estates. There is some minor filling in the flood plain. They are compensating the proposed grades and regrading of swales as well as an outlet pipe in a lot just south of Merry Lane to discharge the water to Salt Creek. The consultant engineers have designed it match the 1:5 to 1 compensatory storage requirement. He reviewed the flood plain map and noted that Forest Trail is the main north /south street. The areas in the flood plain are the areas in question. The existing road varies anywhere from 18 to 21 feet; the proposal is to make their roadways a uniform 19 feet wide as to edge of asphalt, plus the two feet concrete shoulders. The roadside swales will probably be in a minimum range depth of 6 inches and perhaps as deep as 2 to 2.5 feet. There will be some tree loss for constructing new roadside swales along the roadside rights of way. During construction, they will try to mitigate and fine tune as much as possible to limit tree loss and damage to existing landscaping. Village Engineer Durfey advised that the stream dredging the State did after the 1987 flood and the Quarry should lower the water levels 1 to 1.5 feet, but those calculations from those agencies have not been done yet. The 11 factors as required by Ordinance are on page 7 of the petition files. Chairman Aktipis asked which streets will be narrowed and which will be widened. Village Engineer Durfey responded some of both, because the streets meander throughout and are not uniform. Member Pequet questioned whether there was a procedure or process when trees are removed, that the Village replace it with another tree. Village Engineer Durfey responded not specifically. The Public Works Department has a tree program and they will begin to start planting selectively in those areas. There has not been anything in Yorkshire Woods yet, but he expects that they will begin to do that. They will probably do the same thing in this subdivision. Member Payovich added that the Yorkshire Woods project turned out very nice and they mitigated the removal of the trees, removing as few as possible. Chairman Aktipis said that they then have a program for replanting. Village Engineer Durfey responded that it is a long -term program. The Public Works Department handles it and it is a matter of dollars, which are very tight. Member Tappin moved, seconded by Member Pequet that the Flood Plain Special Use as requested is deemed necessary for the public convenience and will be operated so that the public health, safety and welfare are protected and there will be no substantial injury to other property in which it is located. The petitioner has met the requirements necessary to recommend approval. ROLL CALL VOTE: Ayes: 4- Nays: 0 - Absent: 3- Motion Carried. Vll. ADJOURNMENT Payovich, Pequet, Tappin and Aktipis Allen, Girgis, and Goel Member Tappin moved, seconded by Member Pequet to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 10:40 p.m. PLAN COMMISSION Minutes 17 <�Z_L_ KX5��) - Director of Community Development Secretary February 19 2001 Date Approved January 15, 2001