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Minutes - 02/18/2008 - Plan CommissionMINUTES OF THE FEBRUARY 18, 2008 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 21, 2008 1. CALL TO ORDER: The Regular Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 7.31 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Raju Iyer, Gopal Lalmalani, Mintu Sharma, Vivek Singhal and Marcia Tropinski ABSENT: Member Richard Knitter, IN ATTENDANCE: Gerald Wolin, Trustee, Steven Young, Zoning Board of Appeals and Robert L. Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: The minutes from the previous meeting were not ready for approval. 4. UNFINISHED BUSINESS CALL TO ORDER ROLL CALL MINUTES UNFINISHED BUSINESS B. VILLAGE OF OAK BROOK -- TEXT AMENDMENT — PERFORMANCE voe - TE"' AMENDMENT - STAND.ARDS — REVIEW AND AMENDMENT OF APPLICABLE TEXT PERFORMANCE STANDARDS This matter was taken out of order and was heard after New Business concluded. Director of Community Development Kallien introduced Steve Young, a member of the Zoning Board of Appeals, who is knowledgeable and experienced on the issue of sound. Director of Community Development Kallien said that he has been a Planner in excess of thirty years, and this issue has been one of the most difficult issues that he has dealt with. The process involves some subjectivity and there is science and an art as to how the readings and established standards are interpreted. It is a very complicated issue and was made more complicated last year when two residents had a dispute over pool equipment. The sound standards really are not designed to deal with issues like this. Sound standards are used primarily to deal with factories located next to residential areas. Airports are a prime example of where they set areas of sound corridors. Sound planning is involved when they design major roadways, which is why sound walls are installed to minimize the sound. When it VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 11 February 18, 2008 comes down to regulating pool equipment from one property to another, the rules become difficult and it places village staff in a very difficult position. Technically, when some readings were done on the pool equipment, it appeared to be exceeding the chart by a couple of decibels, which are not much, but in reality was a violation. The season changed and the pool equipment was shut off. The goal is to come up with revised language so that the Village is not in the middle of disputes between neighbors because it really is a difficult issue. Steve Young said that he has been a member of the Zoning Board of Appeals for five years. He is a sworn Pollution Control Officer for the Village of Bensenville. In addition, he has an engineering background and works for a private law firm where he does environmental assessments, which are mainly real estate transactions. Several books that he has written have been published Environmental Auditing Pollution En ig neer 1994 and Environmental Assessments and Real Estate Transactions, 1994. His background in environmental auditing as well as assessments is pretty well documented in those books. (The books are also available in the local libraries.) He said that there are a couple of things that you need to know when you look at noise, such as when the Ordinance was written and where it needs to be today. The noise ordinance did not take into account the I -88 extension at all. There is a lot of ambient noise coming off the highway. The background noise in the Village has grown quite a bit. It is impossible to know how much, because the Village has not done a noise study. He brought a lab quality Noise Decimeter and the sound of his calm voice in the board room, measured 86 decibels. That impact of that measurement depends upon, who you are, where you are, what you are doing. According to industrial hygiene standards, if you listened to the sound of his voice at 86 decibels for an hour, it would be pushing the upper limits of an industrial office. The point is that you need to look at where the standards are at, what they are used for, and what you are trying to enforce. Noise standards today, versus where they were 20 -30 years ago are a lot different. Back then, you were trying to regulate heavy industry in Oak Brook. Now there are other challenges. There are people with loud stereos in their car and in their homes that are much louder than a lawn mower. There are people working in their garages on their cars, etc. These are the things that he would recommend from a nuisance standpoint that could be looked at from an enforcement standpoint moving forward. The question would be how it could be enforced. The Village could buy a Noise Decimeter; and it would be very easy to equip the Police and Code Enforcement officers with a lab quality one. The way that the Code is written now, the Village would need to obtain an Octave Band Meter, which is a lot different, costs more in the area of $10,000 versus around $1,000 for a Noise Decimeter, and they are harder to maintain. The difference between the two is that a Noise Decimeter simply measures basic noise. In the Boardroom, the sound of his voice measured 40 decibels. An Octave Band Meter would measure the sounds in tones, at different frequencies and would be harder to interpret and understand. A recommendation would be to develop an ordinance that is easy to understand and enforce, but keeps the Village out of disputes between neighbors that are easier to regulate in the courts and through homeowner VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 11 February 18, 2008 p,,.,,W association regulations than they are through a noise ordinance. Director of Community Development Kallien said that the existing ordinance contained an octave band chart. As the number of octave bands increase in size, the decibels decrease. At the lowest levels of sound, it allows greater decibel levels at the very highest pitches that some of us cannot hear; and the decibel level is very low. This was at the center of the dispute last year. The pool equipment was fine, but there was something in the equipment that was causing a hum at the very highest level, which was the problem.. Most of the village staff that was present at the site could barely hear it; however, the complaining homeowner appeared to have extraordinary hearing and that compounded the issue. The basis for the regulations would appear to be in the Illinois EPA regulations. While reviewing a lot of the municipalities, including Elmhurst, they have a very similar chart like the Village that is based upon octave bands. In the State regulations under the EPA, they have a chart that is exactly like that, so it appears that is where communities got this type of language. However, after reading the numerous pages of regulations there are some exceptions. One of the exceptions to the standards is that is under the EPA regulations they are not meant to apply to residential properties. Even though many municipalities have these regulations in place, the Illinois EPA does not envision that municipalities would have to regulate or utilize those standards on noises that are generated by single- family homes or residential properties. However, many people utilize lawn services and use very loud mowers and leaf blowers (of which, did not exist back in 1966). There is a tremendous amount of ambient noise, which is the overall noise level. Route 83 did not exist to the degree it does today. The tollway traffic was probably around 20 percent of what exists now. All of these sounds did not exist then, but they do now and these ambient sounds are added to the mix when noise is calculated. There was no such thing as a car stereo, and in some respects, they can be almost as loud as a jet flying overhead. Sound regulations are needed to deal with some of the special type uses and others that represent a more typical noise regulator that could be purchased and with the goal of moving away from the exact science that is required with the octave band meter. Trustee Wolin asked Director of Community Development Kallien and Mr. Young how often this type of issue has come up. Director of Community Development Kallien said that in almost nine years, there was the problem that occurred last summer and a few years ago, there was a house built on Oak Brook Hills Road that had four air conditioning units, so there was a problem with the volume of sound coming off of the air conditioners. When it was tested with a regular sound meter, they were able to convince all parties involved that it was loud but did not violate the standard. Mr. Young responded that Bensenville is another story because there is the airport and a heavy industrial base, so they are two very different types of communities. In Bensenville, along with Elmhurst, Wood Dale and a couple other communities, they VILLAGE OF OAK BROOK. Regular Plan Commission Minutes Page 3 of 11 February 18, 2008 have invested in mobile sound trucks that actually go out and map the community for sound. They do that because of some issues with other neighboring communities that are near the airport. This is a lot different from what exists in Oak Brook. In regards to the situation with the pool pump, there were other circumstances involved, not only the pump but also the time of day that the measurements are taken. Humidity, the time of night, the ambient noise that comes out could amplify or decrease the sound. There could also be other factors, such as someone with very sensitive hearing. If sound amplification equipment is attached to your ear, that could amplify the sound even more, which would make it worse than how someone with normal hearing would hear it. There are a lot of variables, which goes back to the point being made that the ordinances needs to be simplified, but with enough exceptions that it would be enforceable by other means. Director of Community Development Kallien said that the average lot in Oak Brook is very large and houses are not right on top of one another. In other communities where there are very small setbacks between houses and you could get complaints between properties because of the closeness. Normal sound activities could become a burden from one property to another; however, this is not the issue in Oak Brook. Recommendations were provided to address some obvious issues to try to make sure that lawiunowers and snow equipment are not problematic. It should allow air conditioning units and pool equipment to be installed per the manufacturers' regulations and to function properly. Guidance should be provided for other types of sounds that would be generated. The ordinance would still base the measuring on the octave band. It was Mr. Young's recommendation that a different sound standard be adopted, such as a straight decibel level for various types of uses because then that type of equipment could be used to measure sound. Chairwoman Payovich asked if the decibel equipment would have dealt with the humming issue. Director of Community Development Kallien responded yes. Mr. Young added that there is also other equipment that can be purchased, which is cheaper and easier to obtain, such as vibration equipment. It would measure the vibration or the hum that comes off of a lawn mower, air conditioner or a pump. Director of Community Development Kallien said the problem is that if the sound standards were changed to some other means or scale, the Village would have to be able to identify where there standard was obtained from and whether it would have validity in Oak Brook. Numbers are not something that can be dreamt up. He suggested going back and reviewing other towns and the measuring system used. Member Sharma questioned whether Oak Brook's regulations are different from the state. Director of Community Development Kallien responded that he believed the current VILLAGE OF OAK BROOK. Regular Plan Commission Minutes Page 4 of 11 February 18, 2008 regulations appear to be based on the state standard; however, upon review the intention of the standard, the noise coming from residentially used property, the standards should simply not apply, as it was applied to the pool pump. Member Sharma noted that since the Oak Brook regulations are the same as the state regulations, then would it not apply to the residences. Director of Community Development Kallien responded that it would apply in our Code unless it is specifically exempted. He has tried to make the revised regulations consistent with the state regulations, which exempt that type of outdoor activity. The rules can always be made more restrictive. However, as long as the existing regulations stay in the Code, staff must enforce them. If it is modified, it is still premised on the use of octave band for measuring sound and there are other ways to do it. It was discussed at the last meeting to relax the regulations in a very reasonable way in order to put it into its proper context. Member Iyer asked if there would be a problem with not regulating like the state. Director of Community Development Kallien responded that according to the details of the state regulations, the octave band charts do not apply to single - family residential property. The way our regulations are written, it does not say that. Chairwoman Payovich asked if the proper equipment would help. Director of Community Development Kallien responded that it would make it easier. If the octave band process is not changed, then the Village Board would at some time need to allow the purchase of the equipment, which can cost around $10,000. Mr. Young said that the equipment would also need to be maintained. From a calibration standpoint, it would need to be calibrated every couple of years, which would run about a $1,000 to be calibrated by a noise engineer. The device that he displayed at the hearing was a lab quality device that is calibrated and is less expensive. It measures sound in a different method; it does not look at frequencies, it measures decibels, loudness and the severity of the sound Director of Community Development Kallien said that the fire department has a number of sound meters that they use to test fire alarms in commercial spaces before occupancy is granted in order to be certain that it meets required decibel levels. In his recommendation, he would like to migrate away from the octave band and make the standards more relevant to our issues. Member Singhal questioned the cost of the equipment. Mr. Young responded that depending upon who it is purchased from, a lab quality meter that has already been calibrated could be between $400 -600. For another $200, a printer could also be purchased that would actually produce printouts that could be provided to the homeowner. He has one that can actually be attached to his VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 11 February 18, 2008 computer and the results can be downloaded to an Excel file. Member Iyer asked how often it would need to be calibrated. Mr. Young responded that it should be calibrated yearly. Mr. Young noted that a modification to the ordinance with additional language would keep people from operating grinders or tuning engines out of their garage at 3:00 in the morning. Member Singhal said that he supported that fact because they had a similar incident at Midwest Club. Director of Community Development K.allien said that there is language in place for construction activities. It controls when the activity begins or ends along with specific hours during the week and on the weekends. The language is not meant to control normal activities that go on, but rather the anomalies when they go to the extremes. The sound regulations should be in place to deal with the extremes. The situation last summer was not an extreme. Trustee Wolin asked what the reading was and what type of meter was used. Mr. Young responded they used an octave band meter. Director of Community Development Kallien said that the maximum shown on the chart was 32; and the reading was at 34.5 at the highest band. All of the other bands were right in line. Mr. Young said that it was important to note that at the highest band, if you walked four houses down from the property, it was also in violation and there was no noise coming from that house. The reading was also taken in front of Village hall and it was in violation of the highest band as well, just from ambient noise. Director of Community Development Kallien' said that the state has 5 categories of situations, and tries to quantify the average ambient sound. Under the residential category, the ambient noise at the highest level was 14. Even during the quietest period without any other device being operated, there would be 14- decibel units in the air that exist from the toll way, planes, cars, etc. When they measured the pool, they did not know if the measurement was reflective of the pool equipment plus ambient sound. The ambient sound probably enhanced the number. Mr. Young agreed. It was measured on the A scale which is human hearing and it was accumulative. Trustee Wolin agreed that the concept should be simpler and must have a standard that is defensible. He suggested that staff attempt to speak with someone from the state regarding the provision regarding residential. The draft refers to an Illinois VILLAGE OF OAK BROOD. Regular Plan Commission Minutes Page 6 of I 1 February 18, 2008 Code number and perhaps it should be spelled out or simplified. The language should be something that the code enforcement staff understands. Other communities list items that are specifically prohibited. In some Villages, the police department handles enforcement on some of these issues, while others are handled through code enforcement. Director of Community Development Kallien said that the state regulations are two inches thick of paper. The reference listed is so that those who read it know that the regulations came from the state and not made up. The revision may be able to eliminate the connection all together. Several towns used a reference of 4 -5 lines that refer to the Illinois IEPA and the reference code was to those regulations. Items that are specifically prohibited, especially items that are activities late at night, early in the morning or weekends, should be enforced by the Police Department. Member Iyer asked if our Police Department enforced loud music or other noises by any kind of established levels. Director of Community Development Kallien responded that they did not have anything with a specific standard; it is very subjective and vague. When a police officer would go to court, there is no documentation to prove how loud something was when the ticket was issued or how the Village would determine what too loud would be in its regulations. It is important that there be a standard in the regulations and a printout that was taken at the time of the incident to provide proof in court. Mr. Young added that in terms of law enforcement and police statute, it is comparable to speeding. The way that the ordinance is written, military radar would be needed that is 100 percent calibrated and could brought into a court of law to prove the case, which is what the Village has now, instead of a radar gun. Making a comparison, the decibel meter would be the radar gun. The noise decimeter and octave band readers are the military radar. The Village should look at which would be easier to purchase, use and maintain. The section of the ordinance is not being eliminated or watered down; with the changes, it would be easier to enforce and reasonable exceptions can be provided in the rules. Chairwoman Payovich asked which would be more likely to be upheld in court. Mr. Young responded that either would be. Director of Community Development Kallien read the text from the Noise offense section in the Police Regulations, as follows: "A.It shall be unlawful for any person to make, continue to cause to be made or continue any loud, unnecessary, prolonged or unusual noise which disturbs the peace of others." On the following page of the text, it also refers to construction noise, but does not indicate the quantity of sound. f VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 11 February 18, 2008 r. In 1996, there was a provision that states, "no motor vehicle can operate with any mechanical sounds coming from it." This provision was probably for ice cream trucks. Those are the Village's provisions for sound on a public street. Member Sharma asked where you draw the line, in the summer, kids are playing in the pool with music on and anyone could complain about the noise. She has three children and someone could complain. Director of Community Development Kallien said that if it were in the evening and it would bother someone, the police are called and then they would come by and ask that the noise be kept down; so they are usually put in the role of mediator. Director of Community Development Kallien said that he would prefer to stay out of those types of situations with some sort of quantity of sound because then you are required to measure it, and then the time that the music is making noise; such as is 9.00 too late, and what is too loud? Mr. Young said that the sound statutes that are in place in Elgin or Aurora do a good job of addressing that. Member Lalmalani said that it was in the eye of the beholder, when it comes to music and noise. Mr. Young suggested a survey from the police department as to what type of nuisance complaints there have been and how many were noise related. There was a brief discussion on alternatives to fines for repeated noncompliance. William Lindeman, resident Pembroke sane, said that there are other realistic factors at work, not just the sound levels, since certain sounds are more annoying than others. He relayed a story of when he lived in Bedford Park adjacent to Archer Avenue across the street from Corn Products and the ambient noise generated from there was constant, around the clock. There was a truck terminal and the Midway airport. They adjusted to all the sounds, which were necessary and part of living there. The annoying sound was when his neighbor sawed firewood on a Saturday. Now he lives in Brook Forest near the tollway, which carries ambient noise that has increased greatly over the years. What annoys him is after midnight when Costco is shifting their trucks around and is unnecessary and a matter of scheduling. Truck braking noises along I -88 is also very annoying. He suggested that when a person is considering putting in a pool or multiple air conditioners, some advice should be given to them by the building department to assist in selecting a location. Driving through the neighborhood, he has seen 3 air conditioning units in the side yard, and not located in the rear yard. It would be much more annoying to him if the pool equipment were placed closer to his home rather than have to by the owners. Barking dogs is also an annoying factor and would aggravate him more than a lawn mower that cuts grass and will be finished within an hour. The permanence of noise is another factor. Pool equipment that you would have to cope with the rest of your VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 11 February 18, 2008 life or as long as you lived there and air conditioners are the same way. Temporary things are much easier. There should be common sense written into the code if possible and not be limited to decibel levels. There are certain noises that create greater noise inside than outside. They shoot off carbine cannons some places to scare the geese away and he can hear it from his front stoop. He has driven around and cannot find it or hear it when he is driving; but when he comes back home it continues. Some consideration should be given to preventive, by location and type of equipment. He has a 3500 Honda generator and it can be barely heard, it just hums. Honda can also make another generator that could make you go deaf. Member Singhal said that there was a lawsuit against the homeowner associations because a neighborhood child played basketball at night. He did not think that you could codify common sense legally. The single most important issue would be to protect the Village against that kind liability and force the neighbors to have some common sense decision making. Director of Community Development Kallien requested a continuance to further research the issues discussed and offer proposed language to be reviewed at the next meeting. Member Iyer, seconded by Member Singhal, to continue the hearing to the next Regular Plan Commission Meeting. VOICE VOTE: Motion Carried. 5. NEW BUSINESS NEW BUSINESS A. VILLAGE OF OAK BROOK — TEXT AMENDMENT — PORTABLE voB - TEXT AMENDMENT - STORAGE UNITS -- REVIEW AND AMENDMENT OF APPLICABLE PORTABLE TEXT STORAGE UNI ,s ' Director of Community Development Kallien provided an overview of the request. The Village does not have any regulations that govern portable storage units. Over the last few years, they have become more prevalent. They are steel boxes that usually get placed on private driveways and are used in moving into or out of a structure. In addition, there have been instances of people who have remodeled a structure and used the units to store all of the household items from the home during the period of construction. Instead of having the unit moved, they have left them on the property during construction. hi some of the subdivisions, such as in York Woods, it has become a problem. Regulations are needed that can be enforced. Some other communities, such as Wheaton, Tinley Park, Elmhurst, Glen Ellyn and Naperville have reviewed the issue and a matrix was prepared (page 3 of the case file) identifying the key issues and how they are regulated. The staff report identifies language that may be appropriate for Oak Brook. j He reviewed the proposed text as follows: • Many communities only allow one storage unit and it was recognized that the homes in Oak Brook are very large, it would not be unreasonable to VILLAGE OF OAK BROOK I Regular Plan Commission Minutes Page 9 of 11 February 18, 2008 i allow two storage units on the property. + The units would not be allowed to be stacked. • They could not be placed on a vacant lot, where there is no principal structure. • Timeframes recommended are 15 consecutive days with the ability to allow for one 15 -day extension. Many people bring them in, fill them and then they are gone in five or six days, but they have had situations where they have been left on properties for months. ® Parameters have been identified for height and length. • Location for the unit must be on the driveway or other hard surface, but does not include being placed on the street, because that could become a liability issue for the Village. • A permit would be required, but a fee would not be accessed. The homeowner associations would be informed of the permitting requirements so that they could inform the residents within the subdivisions. • The unit being placed cannot be in any disrepair or contain graffiti of any kind. Trustee Wolin commented that it was a good idea and made sense. He suggested sending a letter to the homeowner associations advising them of the next step in the process. Director of Community Development Kallien responded that the next step would be a public hearing before the Zoning Board of Appeals and they would be invited to attend. Because some associations have a problem, they have requested this. Member Singhal asked if there was any downside to the approvals. Director of Community Development Kallien responded that the downside would be to not adopt any language. Member Singhal suggested that perhaps someone could be allowed to have more than two units, if the conditions warrant it. Director of Community Development Kallien said what would happen is that units would be required to be on an impervious surface or a driveway. They should fill or empty one and then have another brought onto the property. If someone really needs more, it can be considered. Member Iyer said that most other communities allow only one unit and given the size of the houses, two units would be more than sufficient. Director of Community Development Kallien said that there was a major remodel done to a home on Oak Brook Hills Road and rather than move the units off site; there were six left on the property containing their furnishings. They were required to remove them fxom the property, which was very difficult. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 11 February 18, 2008 0 7. Mr. Young suggested that the units be locked when not in use. Motion by Member Singhal, seconded by Member Lalmalani that the Village adopt a regulation to control portable storage units on private property and to recommend approval of the proposed language to be added to the Zoning Ordinance as follows: a. There shall be no more than two (2) portable storage units permitted on a property. b. Stacking of portable storage units is prohibited. c. The property must be occupied by a principal use or dwelling. d. No portable storage unit shall remain on a property for more than (15) consecutive days in a calendar year. One additional 15 -day period may be approved by Department of Community Development (a maximum of 30 days total). e. Portable storage units shall be limited to 8 feet in height and 16 feet in length. f The portable storage units shall be placed on the driveway or other paved surface on the lot. g. The portable storage units shall not placed on public property or permitted to obstruct traffic visibility /sight distance. h. A permit shall be required from the Department of Community Development for the placement of a portable storage unit on private property. i. The portable storage unit shall be maintained in good repair, free from rust and peeling paint and other forms of deterioration. j. The units are to be locked when not in use. ROLL CALL VOTE: Ayes: 6 — Members Iyer, Lalmalani, Sharma, Singhal, Tropinski and Chairwoman Payovich Absent: 1 — Member Knitter Nays: 0 — Motion Carved. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Iyer, seconded by Member Singhal to adjourn the meeting at 8:41 pan. VOICE VOTE: Motion carried. ATTEST: � W,J Robert Kallien, irec of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 11 February 18, 2008 OTHER BUSnNass ADJOURNMENT