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Minutes - 03/20/2006 - Plan CommissionMINUTES OF THE MARCH 20, 2006 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON APRIL 17, 2006 1. CALL TO ORDER: 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 7:32 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members, Raju Iyer, Gopal Lalmalani, Moin Saiyed, Marcia Tropinski and Gerald Wolin ABSENT: Member Paul Adrian IN ATTENDANCE: Jeffrey Kennedy and Robert Sanford, Trustees, Robert Kallien, Director of Community Development, Margaret O'Connell, Assistant Village Attorney and Dale Durfey, Village Engineer 3. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF FEBRUARY 20, 2006 Motion by Member Wolin, seconded by Member Saiyed to approve the minutes of the February 20, 2006 Regular Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS A. VILLAS OF OAK BROOK SUBDIVISION — 2901 OAK BROOK ROAD — VILLAS OF OAK BROOK - 2901 FINAL PLAT WITH VARIATION — 4 LOT SUBDIVISION WITH OAK BROOK RD VARIATION FOR PRIVATE STREET - FP W /VAR - a LOT SUB Director of Community Development Kallien reviewed the background on this matter. Originally, the Villas of Oak Brook Subdivision was a collaborative effort between two property owners Vito Falco and Frank Drukas who each owned a portion of the property. The Village ultimately approved the preliminary plat. Frank Drukas submitted and a final plat was approved for 4 lots of the western VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 19 March 20, 2006 portion of the subdivision, now known as the Dana Park Subdivision, which is currently under construction. Mr. Falco, who owns the eastern part of the subdivision, is requesting a final plat for the eastern portion of the property, which is in substantial conformance with the approved preliminary plat. The approved preliminary plat called for 3 single- family lots and a lot for the private street. Member Wolin reviewed portions of Village Engineer Durfey's memorandum regarding his review of the submitted plans. He asked for his comments regarding the retaining walls. Village Engineer Durfey responded that the issue of walls had come up in the past and he raised it in case the Commission wanted to broach the subject. In regards to the public utility easements, it might be a good idea to require a wider easement by the walls for potential future use. Mr. Jim Flowers said that the engineer had addressed the issue and has increased the public utility easement approximately 5 feet on both sides of the roadway to accommodate the additional space requirements should they be needed in the future, which is a total of 15 feet behind the curb on both sides. Member Wolin questioned the relocation of the existing bike path. Mr. Flowers responded that they felt they would deal with the final issue with how to resolve that with the Village Board because there are legal issues with regards to doing the work on Village property and within the County right of way and they are waiting for feedback from the County. Member Wolin questioned that the shoreline around the bottom of the lakes does not comply with the Public Works Construction Standards for the typical lake section. Mr. Lin, Balsamo, Olson Engineering, Lisle, Illinois, said fifty 50% of the property is currently within the floodplain. In order to build the road and two more building pads they are filling in the existing flood plain; so they have to compensate for it somewhere within the property. They are excavating the area out for flood plain compensation. Because of the amount of fill they are proposing, there is a certain amount of compensation required in order to satisfy the village's stormwater management requirements. In that case, they have to utilize and propose a retaining wall to accommodate the flood plain compensation. If they do not use a wall and use a slope as depicted in the Public Works Standards then they will not be able to meet the required flood plain compensation. Member Wolin said that previously the potential safety hazard was discussed regarding the wall and asked how that would be mitigated. Mr. Flowers responded that they are proposing to place a guard rail along both sides of Villa View Drive that would be a sufficient safety barrier to stop any vehicle or pedestrian. In addition, there is a 6 -foot plateau above and beyond the curb, which would provide for sufficient stopping area should a vehicle go over the curb and more than ample room for a pedestrian. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 19 March 20, 2006 Member Wolin questioned if there were any other alternatives. Mr. Flowers said that they do not want to place a chain link fence around it for aesthetic purposes, but with a 6 -foot landscaped barrier, it would not be conceivable that a child would walk up and over bushes, a 27 -inch high guardrail and fall in. However, should they get passed there is further landscape on the other side which would provide for sufficient stoppage in the event that they should be rolling. It is not impossible that it could happen, but it is an unlikely possibility. Member Saiyed questioned the Village Engineer on the poor soil issues. Village Engineer Durfey responded that the applicant's engineer is aware of his concern, it is not totally finished and they will have to address it in the future. Member Tropinski questioned the applicant's inability to meet the village standards for the shoreline and asked the Village Engineer for his comments. Village Engineer Durfey responded that would be up to the Commission to decide. Mr. Flowers asked that it be kept in mind that this plan was already approved by the previous plan with the exception of minor modifications such as the safety walk. Mr. Flowers reviewed the approved and proposed plan, showing a minor modification of the water area. Member Tropinski recalled that for the 100 -year flood, there were dry grass areas that would compensate for water issues. Mr. Lin responded that from the previously approved plans, the area was shared; now it has been separated. When the water gets to a certain level it will overflow to the north as previously proposed. The design is the same. A berm will separate the low ground area from the detention ponds. They reviewed the 100 -year storm event. Village Engineer Durfey commented that the compensatory storage flood plain requirement is 150 percent. As the applicant stated they are filling in to compensate plus another one -half, which makes the site so difficult to develop. Member Wolin reviewed other items on the memorandum regarding the erosion control. Village Engineer Durfey responded that the detail was lacking in specificity so they need to add more detail and clarity to the details in the plan. Chairwoman asked for detail of the bike path. Mr. Flowers responded that they have letters out to DuPage County regarding the easement that they control, which is where the bike path would fall. They are amenable to have the bike path moved, however, consideration needs to be taken by the Commission as to where the bike path meets on the east and west portion of the property, which would still keep the bike path along the 31St Street curb. Assistant Village Attorney O'Connell said that the ordinance requires that the plan be complete and the applicant has not received approvals from the county. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 19 March 20, 2006 Mr. Lin said that the plans were sent to the DuPage County Department of Transportation about approximately one month before this hearing. The request also included the request for permission for the location of the proposed driveway because it is also under their jurisdiction. Chairwoman Payovich noted that the Village Board would want to have these issues addressed before they receive it. She asked Village Engineer Durfey if he had received the sealed plans from the structural engineer regarding the retaining walls. He responded that he has not received them and did not know when he would. Mr. Flowers responded that in order to provide the structural engineering details, they need a plan that they would give the details on, which they will do as soon as they know that the submitted plans will be approved. They are looking at two alternatives for the structural retaining walls and both firms are on notice to provide them, which could be within 10 days. Village Engineer said that if the Plan Commission and Village Board thinks that the development is approvable details like that would not be uncommon. Director of Community Development Kallien said that there is a great sensitivity in Oak Brook regarding walls. During the preliminary plat stage, there is some latitude in terms of less detail. At the final plat, details are needed because there are no approvals beyond the final plat. Mr. Flowers responded that the structural detail of the wall is certainly no comparison to the Forest Gate Subdivision. Their wall is a two -tier four -foot wall on each tier. The structural detail would be provided by a certified structural engineer and would be forthcoming once they know what they area supposed to engineer, which is their difficulty. If they do not get an approval on this plan, then it would be difficult for them to provide a detail of something that has not been approved. They would have the details before it goes before the Village Board that would address any and all of the Commission concerns regarding the retaining walls. Chairwoman Payovich said that it is not common to send forward so many vagaries in a plat. She asked for comments from the Commissioners. Member Wolin said that he is not in a rush to approve something that has too many loose ends, such as the retaining walls and they have met the satisfaction of the Commission. Member Lamalani agreed with Member Wolin. Mr. Flowers said that they should be able to have the details within 10 days. Village Engineer Durfey provided the approved preliminary plan for the Commissioners to review. A brief discussion followed. Chairwoman Payovich asked Village Engineer Durfey if a Final Plat had ever been sent to the Village Board with as many things missing, not detailed and whether that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 19 March 20, 2006 it was very unusual to have so many issues in a final plat. Village Engineer Durfey responded not, that he could recall and that there was a fairly large list of issues. Member Wolin said that he would be agreeable to a special meeting to help the applicant. Motion by Member Wolin, seconded by Member Lalmalani to recommend the request be continued to a possible special meeting on a date to be determined and that the applicant address the following issues prior to that meeting: 1. Address the Bike path issues with the County; 2. Retaining walls to provide a structural engineering plan 3. Address the remaining issues in the Village Engineers review of the plan. ROLL CALL VOTE: Ayes: 6 — Members Iyer, Lalmalani, Saiyed, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 1 — Member Adrian. Motion Carried. B. BRITTWOOD CREEK, LLC — APPROXIMATELY 57 ACRES OF VACANT BRITTWOOD CREEK, - RTE 83 PROPERTY LOCATED SOUTH OF 35TH STREET AND EAST OF ROUTE AND 35TH - MAP 83. MAP AMENDMENT — TO REZONE THE WESTERN PORTION OF AMEND AND PRELIMINARY THE PROPERTY FROM R -1 TO R -2; PRELIMINARY PLAT — 35 -LOT PLAT WITH SUBDIVISION WITH VARIATIONS TO SUBDIVISION REGULATIONS— VARIATIONS - 35 -LOT SECTIONS 14 -6 -2, 14 -6 -3, 14 -6 -3D, 14 -6 -3E, 14 -6 -3F, 14 -6 -3G AND 14 -6 -3L SUBDIVISION Mr. Walter Morrissey, Attorney for Brittwood Creek, LLC reviewed the request. He noted that since much of the material had been presented at prior meetings. They requested to adopt and incorporate for the record those materials and the credentials of the witnesses, which were previously filed. These include the Land Use report by Allen Kracower, the Market Impact Study, by Michael Marous; the appraisal and traffic report by Kenig, Lindgren, O'Hara, Aboona, Inc.; the Fiscal Impact Study to the Village of Oak Brook School District 53 and High school District 87, and the Engineering Report by Jon Green, Engineering Resource Associates. Each of the reports has a supplemental report that has been filed with applications. There are two applications before the Commission. They have filed an amended application to amend the zoning map and a preliminary plat of subdivision. There are significant changes in the application. • They have voluntarily removed the easement for emergency access from Brittwood Creek that would have used the Breakenridge Farm private drive. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 19 March 20, 2006 • There was some concern regarding the use of the name "Breakenridge Woods" that it was too similar to Breakenridge Farm, so the applicant has voluntarily changed the name of the development to "Brittwood Creek" to eliminate any confusion or similarity of names. • The application for the Map Amendment increases the number of lots in the R -1 area from 7 to 10 and there are 22.8 acres of the 57 acres that are devoted to the R -1 zoning. The sale price for those lots is between $2 and $2.4 million and the improvement costs are $4.4 to $7 million for the homes on the 2 -acre sites. • There are 11 lots in the center tier of the 57 acres, which are 60,000 square feet in lot area. They are proposed to be zoned R -2, which are one acre plus lots and they help with the transition from the R -1 zoning on the east part of the property to the center. The sale price is $1.4 to 1.6 million and the improvement costs are estimated to range from $3.3 to 4 million. There are 16 acres. • The final dramatic change is that the original application had R -3 zoning along Route 83. Mr. Callaghan has proposed a distinctive and unique berm along Route 83 for noise mitigation as well as aesthetics. In answer to the concerns expressed by the citizens at the prior meetings, the proposal suggests and asks for 14 lots in the R -2 district, which are 1 -acre minimum lots along Route 83. The land cost for those lots would range from $950,000 to $1.1 million and the improvement costs are estimated to range from $2.3 to 3.5 million. There are 17 acres in the western tier of the property. • The application to approve the preliminary plat was filed in order to provide some detail because there were some questions from the Commissioners about the layout of the lots, the topography, and the stormwater management system. Trees of 12 inches in diameter or more will be preserved. They are providing the details to address the concerns that were expressed. • There was an issue of the impact on School District 53 as well as the high school district. There are 1750 single- family homes in District 53. There are 488 students enrolled in the district, which is .27 students per household, based on the actual census data as provided by the school district and the tax assessors records. The developer is proposing 35 residences. The subdivision control ordinance provides for factors of .3 for elementary school student generation and .35 for junior high students, which equates to 22.75 students or 23 students that will be generated by this 35 home subdivision. The typical home value will be in the range of $3.4 million if averaged. Using a conservative one percent tax bill, there would be a $34,000 annual tax bill. They cannot find any economic justification to suggest that 35 homes paying $34.000 per year would not satisfy the needs of the school. They have filed a report pointing out that when the subdivision is built out, it will generate revenues of $382,756 for the schools. Using the state score card, the cost of educating those students would be $233,901, which would result in a positive income spread of $148,855 to Butler School District 53. As the lots VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 19 March 20, 2006 are sold in the subdivision, before the homes are completed, the individual taxpayers will contribute $42,802 to the existing debt service before they build a home and take occupancy and enroll children in the school district. • The land is taxed as open space and the tax bills are less than $8,000 per year, and the calculated roll back taxes would benefit the school district in the amount of $133,000. • Further information has been provided for the traffic reduction with a supplemental study and a memorandum on the positive impact on property values. The material examines recent sales in Brook Forest, Old Oak Brook and Hunter Trails that demonstrates the sale transactions. Brook Forest being a more dense subdivision, does not negatively impact the property sales in Hunter Trails. Jon Green, Engineering Resource Associates, 426 S. Third Street, Geneva, Illinois and has provided the civil engineer matters. They worked extensively with the land planner and the applicant in conjunction with the surveying, tree surveying and landscaping plans, with respect to minimization of impact to the environment. There is a fair amount of existing mature trees on the site and intriguing terrain. There is a rolling terrain, a natural creek and flood plain area. They are working to preserve and conserve as best as possible all the natural beautiful features of the site. They have used the research to layout the lot plan and road layout system. They have prepared and submitted with the village staff preliminary stormwater engineering reports for the site. They have met with the Village Engineer to review those items and are meeting all aspects of the state, county and local codes with respect to stormwater detention volume and stormwater conveyance. There is a stretch of flood plain within the Bronswood Creek along the easterly border of the property. They will preserve and conserve that floodplain which is more or less contained in the banks of the Creek that runs along the easterly property line. There is a fairly mature grove of trees in the creek bed area. Those areas will be platted as conservation easements and will preserve and meet all buffer requirements essentially to preserve all the nature that exists on the site and works as a buffer to the subdivision to the east of the site. There are a series of different detention ponds and areas strategically located within the site to minimize earthwork disturbance and to minimize their impact. The detention ponds will have restrictors in them and regulate the 100 -year storm event. When it is developed, the site will minimize the peak 100 -year runoff as compared with current existing conditions. They expect that the majority of the ponds will be wet bottom, with water in them and will be aesthetically pleasing. They will be an enhancement to the property and will offer far superior water quality benefits to the creek, the flood plain, and the down creek residents. The wet bottom facilities of the ponds will offer substantial water quality enhancements and filtration of the runoff from the stormwater. They have a looped water main system. Currently a high pressure DuPage Water Commission water main exists on Route 83, and also a public water main along the north and 35th Street, will be looping the system through their project and interconnecting through VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 19 March 20, 2006 easement to existing water mains that are just stubbed in the subdivision to the east. They will actually be improving current substandard conditions and improving fire flow and circulation in accordance with village code and the public works requirements. The site will be adequately served by sanitary sewer and will have a new lift station to convey the sanitary waste towards the east and through existing easements into a gravity sewer system that is owned and operated by a tributary to the Flagg Creek Water Reclamation District. They have had preliminary conversations with the Sanitary District as well and they expect no problem with serving the development. In accordance with the proposed conservation for the site, they will work as best as possible with the final engineering to preserve all of the rear yard mature vegetation that exists within the platted parcels. They intend to put all of the utilities in the front along the roadways as much as possible and work to minimize earthwork and regrading to preserve the environment as best they can. They distributed emergency access exhibits, showing alternative emergency access to the site. As a result of the feedback they received from the Fire Department, they made some modifications and enhancements to the subdivision entrance. They have widened the boulevard entrance to allow it to be 22 feet wide for the inbound traffic lane. The theory for that is if one car is in that lane, and the village standard is 11 feet, they have provided a double lane width entrance. They have also adjusted some of their landscape piers to conform to the 2 -foot minimum edge of pavement setback, to pass the village's largest fire truck through the property. Alternative 1 shows a secondary access point along one of the lots to the west of the main entrance. A 14 -foot proposed emergency access drive. Alternative 2 provides an emergency access point off of Route 83, which lines up with Brittwood Lane. This is the result of feedback from Village staff and the Fire Department. Dan Callaghan, resident and developer of the property, provided a summary overview of the project. He said that he does care about the community. He believes that the project has been redesigned to fit in with the character of the neighborhood. Reviewing the comments of the Plan Commission and the residents in the neighborhood, significant changes were necessary. Rather than moving forward with the previously proposed 44 sites, he decided to amend the zoning application. Before moving forward, he is seeking the approval of the Plan Commission and has submitted a preliminary plat for its review. A considerable amount of time and consideration was given to develop a premier development that is rural in character while realizing the beautiful natural conditions that currently exist. He is committed to a preservation attitude. The new plan, substantially improved has been designed with 35 luxury home sites. This new plan has substantially reduced the density by more than 25 percent, lowered traffic from 170 extra movements per day to less than 75, or approximately 56 percent less extra movements. He has created less student impact to the school system than originally requested. He will provide a development that compliments the neighborhood and will help appreciate the values of other property in the area. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 19 March 20, 2006 He is a member of the community and does not want people to think that he is doing something bad here. He went through the archives of Hunter Trails and came across some documents that he shared with the Commission. One is a telegram that was sent to the Plan Commission regarding Hunter Trails and the number of people that were opposed to it. In reviewing the minutes of the Plan Commission meeting, there was substantial opposition and he stopped counting after 60 people spoke in opposition and not one person spoke in support. He also found and submitted a copy of the zoning application. Paul Butler was seeking a change in zoning from R- 1 to R -2 and some of the existing areas of R -2 to R -3, which originally showed R -3 lots along Route 83 in his very first plan. Paul Butler had encountered as much difficulty and he has and it is a process that he is willing to work through this and do what is best for the community. With the current luxury 35 home site plan, 10 sites are two acres plus. In order to have transitional on the property, 11 sites in the center of the property are approximately one and one half acres; then it goes down to one acre plus lots, which are substantially larger than one acre. The Hunter Trails Subdivision plat shows a significant number of lots that are just barely over an acre, some by just 100 square feet. The plan tries to mirror the character of the neighborhood with rural design and curved streets. The layout of the plan tries to preserve at all possible costs the trees and natural terrain that exists on the property. The typical mass earth grading has been substantially eliminated. He does not want to take down trees if it is not necessary and the more trees that are on the site, increases the value of the property. The berm along Route 83 has been made wider and slightly taller. The berm will have a visual and sound enhancement. It will not totally eliminate the traffic noise that exists on Route 83. They have provided a split entry layout in order to help with the safety of the fire department in mind. They met with staff and have submitted two alternative entry's for emergency access along 35th Street and one along Route 83. They have kind of received a preliminary approval from IDOT for the one along Route 83, however he cannot request it because he is an individual, however, the Village request through the Forest Preserve District procedures for an easement to pass through the 50 -foot buffer. During his discussion with the fire chief, he was told that their preference would be the access from Route 83. There was a considerable amount of discussion about preserving the character of the Fullersburg Woods area, so they conducted a density study. They took the tax assessor's records and the tax plat to determine the actual square footage of the boundaries of each and every property. There are approximately 362 single - family parcels in the Fullersburg Woods area. The area is defined differently by different people and the general consensus considers the area to be defined as Oak Brook Road as the north, York Road is the east, Route 83 is the west and the Village VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 19 March 20, 2006 boundary for the south. For those 362 parcels in that area there were 488 total acres. The calculated average are is approximately 58,721 square feet per lot in the Fullersburg Woods area. He did not compute private dedicated roads so the density is based on what the lot is, not the street and he applied the same principle to his development. Brittwood Creek average is approximately 66,630 square feet per lot. His average lot is 13% larger than the average square foot home site in the Fullersburg Woods area. Significant changes have result because of the amended plan. These facts support protecting the values of the surrounding neighbors, and providing a development with a design and impact that is consistent with the character of the neighborhood. In their research they found that, a number of lots were non - conforming, by not meeting the minimum square foot area of the district it is in. Currently, only 2 lots in Breakenridge Farms are less than 2 acres. He provided a chart showing the square footage of nonconforming lots adjacent to this property. The traffic impact has been significantly reduced by the significant reduction of the number of homes. The traffic engineers report, and in his presentation, using accepted traffic engineering practices, and in the Village Engineers own staff report, that 35th Street is able to handle the additional traffic that this development will produce. In the event in the future that the Village decides to widen the road, and Adams Road handles much more traffic than 35th Street does now or will, and it is adequate at 22 feet. In the future if there is an issue that the road needs to be widened, the village does have a 60 -foot dedicated right of way, of which to increase that road four feet, if they choose. There has been some confusion resulted because of the school districts presentation by their attorney. He is not following the village ordinance that has been set in place and has worked for 30 years. He came along and said that it does not work, but there has been no proof of that. He went to the school board meeting regarding the upgrade facility meeting and the school districts own accountant stated at that meeting, that any new construction would be brought onto the tax roles of the school district and that would offset the burden on the existing taxpayers and help pay for those improvements. Sufficient time does exist to defuse any confusion, because the village ordinance sets out that an agreement is not needed until the final plat. Therefore, considerable time is available to make sure that things are right. He provided an analysis that he said should help the members of the community understand the many facts. Points that were made: • No recent or past development has ever been detrimental to the School District. If they had, with the addition of Covington Court and the 39 luxury home sites it contains as approved in 1993, the School District would be in dire need today. • The School District's calculations given do not include the income the district will receive from the land development and improvement of the land VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 19 March 20, 2006 value to be taxed due to the School District state mandated tax cap. The property is currently taxed as vacant land. The minute the plat is recorded, that designation with the tax assessor is removed instantly. At that moment, the existing $8,000 tax bill will go to $90,000 per year, just for the school district. They do not look at it as getting the $90,000, unfortunately under the current state statutes they do not get the extra money, so everyone else in the village saves on that $90,000. Once the property and the value of the land is completed with all the homes, under today's valuation, there will be approximately $20 million in assessed value, which will equate to over $275,000 per year in addition to adding to the EAV for the school district. Roll back taxes goes back three years and pay the taxes you should have paid, which will amount to $130,000 right to the school district, and can spend it any way they choose. • Historically, the ordinance allows the developer to come up with a study, which they have and it comes up with .29 student's average per home. The Ordinance has a factor of .30 for the junior high and .35 for the grammar school, which adds up to .65 even though the historical average in town is .28. • He took the actual village worksheet that is used. (The complete chart that was reviewed is located on page 62 of the case file). He is proposing under the current ordinance to pay $9319 per lot, at 35 lots is $326,000. In addition, he has offered them $20,000 to help defray their cost of their feasibility study and attorney fees, in a gesture of good will. The most recent subdivision, Kanan Court paid $5602 per lot; therefore, he will be paying 66 percent more than Kanan Court had paid two years ago. Mr. Morrissey addressed the factors for the map amendment as follows: 1. Character of the neighborhood ■ They believe the proposed development is beneficial to the neighborhood. Hunter Trails is to the north of 351h Street is in the R -2 district and has one acre lots. The majority of this development will be greater than one -acre lots. To the south is Birchwood, Pine, Cheval Lane and is also R -2 and the compatibility exists. Breakenridge Farm has two -acre parcels and there will be 10 lots that abut it which will also be at least 2 acres in area. 2. The extent to which property values are diminished by the particular zoning restrictions. ■ The have testified to the 87,000 traffic movements daily on Route 83. They suggest that this is a recognized factor in the village. Referring to the Comprehensive Plan of the Village on page 64, it reads that Briarwood Lakes represents an attached cluster type special use housing configuration, which is compatible with the surrounding water environment. It provides a buffer between Route 83 and single family VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 19 March 20, 2006 detached homes to the west in Brook Forest. The Comprehensive Plan of the village recognizes that a buffer is an appropriate and recognized event. It is the highest use of land possible when you have that traffic volume, that a buffer is appropriate. 200 feet away there is extensive commercial development on the western side of Route 83. U 3. The extent to which the removal of the Existing Limitations Would Depreciate the Value of Other Property in the Area. ■ This development will not depreciate the value of the other homes in the area. There is no quantitative data to suggest that it would. They have presented a written report that details the home transactions and sales of Hunter Trails, Brook Forest, Briarwood, and Old Oak Brook demonstrating that none of the subdivisions has had a negative impact on Breakenridge Farms and they do not believe this subdivision will, given the land value and home improvement values that have been presented. In fact they believe it will have a positive impact if the typical, if the average tax bill is $25,000 plus or minus in Oak Brook; a $30,000 tax bill is not going to diminish the neighbors property in the area. 4. The suitability of the Property for Zoned Purposes ■ The density is lower than the surrounding Fullersburg Woods area. There is a lower density per lot, and if not the lowest, it will be one of the lowest in the Village. They believe the density is appropriate and is only common sense that there are one -acre lots along Route 83 and have done the transition on the property. They believe it is appropriate given the highest intensity use of land with Route 83, which the transitional zoning occurs on the property. 5. Existing Uses and Zoning of Nearby Properties. ■ They have reviewed on the map the surrounding uses and zoning. On page 64 of the Comprehensive Plan, it states, "a location that may be considered for R -4 special use housing configurations or for park space for the area south of Kensington Road and west of Jorie Blvd. This area of approximately 34 acres provides a natural transition from ORA on the north to park like lands on the south. In addition, Route 83 and Jorie Blvd are busy traffic arteries which restrict certain conventional, residential planning options." This is a second reference in the Comprehensive Plan that recognizes that Route 83, which is a major arterial street, does present restrictions on planning opportunities. 6. The Length of Time Under the Existing Zoning that the property has remained unimproved considered in the context of land development. ■ When the property was annexed from the County it was R -1 and has remained in that category for this time and has been open space and VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 19 March 20, 2006 available for use by the neighbors. There were two condemnation actions. One was to close off the access on Route 83 with the 50 foot corridor along it; and the other was to acquire property to the south of the site. It is a unique setting because there is only one way in or out of the site, which is off of 35th Street. The applicant had nothing to do with the actions, but has to deal with the situation and try to develop the property so that it is compatible with the neighborhood. 7. The Relative Gain to the Public as Compared to the Hardship Imposed on the Individual Property Owner. ■ They think the plan removes uncertainty in terms of the development of the site will be. The Comprehensive Plan suggests an R -4 development slightly to the north for a 34 -acre site. They have withdrawn the request for R -3 and are seeking R -2 along Route 83. 8. The Extent to Which the Proposal Promotes the Health, Safety, Morals or General Welfare of the Public. It is indisputable that it will be a positive impact on the property values and they believe the berm along Route 83 will provide for noise abatement and will help in general to buffer the west side of Route 83, which will be a problem. There will an improvement to the water system and utilities. There will be a gatehouse so that there will be restricted access and no unnecessary visitor traffic to the site. The plan respects the environment. It preserves large lot areas, which is positive for the environment and the habitat for wildlife. 9. The Relationship of the Proposed Use to the Comprehensive Plan. They believe the plan is in spirit and in fact compatible with the comprehensive plan. On page 64 of the Comprehensive Plan at item 4, talks about residential development. It addresses the comprehensive community development plan and talks about residential development. It states that, "vacant properties located generally south of 35th Street and west of Adams Road, which are presently zoned residential should be developed as single family detached houses." This plan does that, which is exactly what the Comprehensive Plan of the Village of Oak Brook has recommended. The document does not say, contrary what may have been proffered as a suggestion, that this be R -1. This plan in spirit and in fact complies with the planning guidelines of the Comprehensive Plan. 10. Community Need for the Use Proposed by the Property Owners. ■ The proposed use fits well with a need in the community. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 19 March 20, 2006 Mr. Callaghan reviewed the staff comments. • Fire Department — They have revised the location of the 4x4 column along the road. They have changed the curvature of the entrance to have a 60 -foot radius all the way through. They increased the width of the entry into the development to 22 feet to allow two lanes of access in at the gatehouse and 14 feet for the access going out. The changes of the entry were made as the result of the comments from the Fire Chief. He has provided alternatives to the emergency access. Although the Fire Chief addresses Breakenridge Farm issues, he will have to address his issues on his own. If the village wishes otherwise, it can be readdressed. • Engineering Department — The Village Engineers comments are standards comments. They have had some discussions on the issues. The storm sewers are shown on the plat as requested. His engineer has assured that the plan will meet all of the ordinances required by the village as well as the DuPage County Stormwater Management requirements. They have sought some Subdivision variations. They have sought the pavement width because he is trying to keep the subdivision in the rural character of what exists on 35th Street, Adams and Spring Road. This style of streets is acceptable and works nicely where he lives in Ginger Creek. He is requesting two 11 -foot lanes that have been approved before as well as the 2 -foot concrete shoulder. They are seeking a waiver on the curb and gutter as well to keep with the rural design. He has proposed to the Village Engineer instead of having a 2- foot shoulder on one side and 4 foot on the other, he would do 3 feet on both sides so that it will look balanced and would be identical to Ginger Creek. He does not want ugly streetlights and other areas have requested that. He wants to put in decorative coach lights. They will adequately cover the intersections. He has no problem providing the side easements as requested by the Village Engineer. He would like adequate language to require auguring by the utilities to save the tree roots. He has requested that the gateway be 20 feet high. Most of the homeowner association has tried to make their gatehouse attractive. The height restriction has been eased on all the zoning districts, and the houses in this area will have higher houses and would like to have the sloped roof design that will be characteristic of those on the new homes. The homeowner association will be formed to maintain the streets, the entry, the west berm, as well as the ponds. There is no way the ponds will be adequately maintained if it is left up to twenty different people 20 different ways. A blanket easement will be placed on all the ponds that would be governed by the homeowner association. The pond cross section does not meet strictly, but it is the same as Forest Gate and believes he will be able to work it out with the Village Engineer. Some issues cannot be dealt with until final plat, but they believe they will meet the village ordinance. It seems positive that they will be able to get emergency access from Route 83. In regards to locating a water tank at the corner of VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 14 of 19 March 20, 2006 35th and Route 83, he does not think the neighbors would like to see a water tank placed at that location. He has had discussions with staff and has been advised that there are other locations in the Village. The Village Engineer has confirmed the issue of the impact on 35th Street and that it could handle the capacity from this development. Community Development — There are no comments that negatively impact the development. This development has been a passion for him. He is a resident, he has unfortunately strained the relationship of many good friendships in this town, and that is not what he set out to do. He set out to make a development in this town that we could all be proud. He has listened to the comments from the community and has acted. He believes he has shown a willingness to discuss and resolve the issues when they present themselves and will continue to do so. The major issues of the plan design, density, traffic, emergency access, tax in the school district, the benefit the community will receive, and preserving while promoting the rural character of the neighborhood has been addressed. The transitional zoning is a unique way of trying to take the best of this particular property and mix it with the worst. It will also provide a transition for the size of the houses. We are fortunate to have the homes that we have in this town and he is looking to enhance the character of Oak Brook. He respectfully requested that the Commission accept his amended application and realize the serious consideration and work that he put into this and that he has listened and without the support of this body as well as the community, he realizes that it is a difficult thing to accomplish. Chairwoman Payovich noted that they received a letter from Mr. Whitt of the School District. Mr. Stuart Whitt, Attorney for the Butler School District 53, said that they recalculated the subdivision as amended. They have submitted a letter at this meeting. Included, is a chart that shows a development based on 22 lots, which is the current zoning. The additional revenues generated by the school district would not be sufficient to match the expenses associated with educating children; such as those from a 22 -lot subdivision because of the tax cap and the way in which the schools are funded and the declining tax base here. The 35 -lot subdivision exacerbates the problem. They provide this not to argue in favor or not of this proposal. There was clear direction of the board that they do not have any say in how many lots are developed. They simply want to make everyone aware of the problems. Strategy Planning report stated that the subdivision would create a positive impact on the school district, but he said that was not true, so they have presented this correspondence to show that it does not have a positive impact. He said that Mr. Callaghan stated in his presentation that he would be prepared to pay to the school district $130,000 in roll back taxes. He said that would happen whether the property is developed with 5 lots or 35 lots. With regard to the offer to pay VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 15 of 19 March 20, 2006 $326,000 in land cash contributions, he has taken an out of date pupil generation table and elementary capacity, which far exceed the capacities in Oak Brook. He believes the land values presented were underestimated and then the offer to pay an additional $20,000 for the heck of it falls far short. He said that he believes the developer is asking the commission to bend the rules for this development. They think the village needs to get current with its land cash ordinance and look at transition fees and capital facilities development impact fees for the school district. They are going to continue theses issues on to the Village Board. The applicant believes only 22 students will be generated, they believe it will be 32 and as many as 52. The more students they get, the more students they lose. He could solve the problem by making this an age- restricted community and not give any kids to the school district that would be a positive impact on the school district. This development based on 35 lots would reduce the average tax bill for an average homeowner by $36.00. As it relates to the bonds that the school district may be issuing, this proposal would save the taxpayer about $8.00. There will not be a dramatic impact on the taxes paid in this community. A five - minute recess was called. The meeting resumed at 9:50 p.m. Chairwoman Payovich opened the meeting for the Commissioner to ask questions of the applicant. Member Wolin questioned if the number of homes was reduced by 25 percent how could the traffic be reduced by 56 percent. The 44 lots produced an additional 170 plus movements. The current application is showing 75 movements, so the difference is a reduction of 56 percent. Member Wolin asked how much water would be in the water detention basins. Mr. Callaghan said that the ponds will have the same cross section but the actual depth will vary depending upon the width of ponds. The wider they are the deeper they will be and they will be designed to support and promote fish life. Every pond will be designed with a safety ledge, per the pond design requirement by Code so that 20 inches below the water level there is a safety ledge that can be stood on. He said that a large percent of area of the lots is used by the pond. Mr. Callaghan responded that people pay actually more money for the lot to have water than not. It is an amenity and people do not consider it a detriment. There is actually more compensated storage by having the wet bottom. He can also promote. to keep more trees and the water feature promotes wild life. Member Wolin questioned Village Engineer Durfey as to whether the applicant's request not to dedicate a 6 -foot side yard and 10 -foot rear yard public utility easement issue had been satisfactorily addressed. Village Engineer Durfey responded that the applicant has agreed to grant the easements with a condition of conservation and directional boring. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 16 of 19 March 205 2006 Member Saiyed questioned the conflicting numbers as to what the actual number would be allowed. Director of Community Development Kallien said that the number differs on whether private streets are used. Under a public street scenario, you would probably end up with 22 -23 lots. With the private street scenario, there could be as many as 28, under the 2 -acre minimum lot size, which is hypothetical. Mr. Callaghan said for a point of clarification that if he property was developed with the character of Breakenridge Farm, he questioned how many lots could be developed. Director of Community Development Kallien said there could probably be 28 lots. Member Saiyed said that the Village Engineer suggested using lot 33 for a storage tank. Village Engineer Durfey said that the item was included because the village staff has talked about a future reservoir site somewhere and this seemed to be one option as an opportunity to get the thought process going. Mr. Callaghan said that the village currently has a location by the water tank in the storage facilities by I -88 and Meyers Road. Member Saiyed questioned the design of the houses. Mr. Callaghan said that each house would be designed for each lot and he is anticipating selling about half the lots, which will also promote diversity. There will be provisions that he will be the architectural review chairman to not only watch the preservation, but also the types of homes that are built there. Member Tropinski questioned if the ponds were developed to provide stormwater detention. Mr. Callaghan responded that 3 of the ponds are there primarily to have compensation for the mitigation of the wetlands. He said the detention ponds along the creek would act as sediment basin. Member Tropinski asked if the Army Core of Engineers had seen the plan yet. Mr. Callaghan responded no, but this is the fifth development he has done, having gone through the Army Core and under the current regulations, the .2 acres of wetland on the site is one of the lowest qualities assessed for a wetland. The Army Core is actually very proactive in allowing mitigation on site because they want to promote wetlands that are high in quality and in enhancement of the water. Member Iyer said that he is concerned that the school statistics as presented are nowhere in sync with the school district. Mr. Callaghan said that he should be. He does not feel that the school district should be in the middle of this forum. If there are currently 1750 home sites in the Village, and there are 500 children in school, the factor on those two numbers is an average of .27 or .28 children per home. That means it takes 3 homes to equal one child in the school system with the impact. Over the last 10 years the school district has lost approximately 50 of its students, The village ordinance has put in place the allowance to allow him to use the history VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 17 of 19 March 20, 2006 factors in the village to make his contribution. Although Mr. Whitt tried to insinuate that he was not paying enough, the ordinance provides, that if he wants to use the historical factors of the village, he can state that he is .28 not .65. He has taken the villages factors, so that if he does not turn in a historical study, that he must pay .30 and .35, which is .65. He said that he is paying more than double than what the ordinance allows him to do. A statement was made on the value of the land. Kanan Court paid on the basis of what they paid for the land, not including improvements. The intent of the ordinance is for land area. For example, if he takes a piece of property that is 200 acres and that 200 acres requires a 10 acre school site, that land has to be given to the school for free and it has to be improved. That means a street has to run by it and sewer and water stubbed to it. What Mr. Whitt is attesting to is that you have to go across the street and if that house is selling for a million dollars, instead of $680,000 then he wants the realtor commission, the profit, the engineering expenses, and all the -soft costs added on to that. That is not what the ordinance says. It states that it should be based upon what the value of the land gross is improved, not what it can be sold for; that is not what the ordinance states. He chart shows that he is paying 66 percent, not from 1993, like Mr. Whitt said, but rather 66 percent more than what was approved by Kanan Court two years ago in 2004. The school also discusses fees that they have assumptions for. He has also used assumptions, but he used assumptions that the village is accustomed to seeing and utilizing for the last 30 years. The statement that he wants people to think that he is underpaying is for things that none of the school districts in any of the municipalities that surround this village or close by, that he knows of, have been enacted. Even the generation factors that he had proposed before were factors not even the Village of Plainfield or Naperville has enacted and approved and they do not agree with those figures. There are 1750 homes and 500 students. Go back to Covington Court and the teardowns that are happening in Midwest Club and Hunter Trails. Those houses are not being occupied with 2, 3, and 4 children. He is expecting that the people buying these houses, of which there are 40 on an interested party list there is approximately 30 people who are Oak Brook residents now. Out of those 30 people, five have children in the school district; everyone else has a child either in high school, college or beyond. This is going to be a home that is going to be their 3rd or 4t" home; not their 1St or 2nd. He does not expect anyone in their 30's with 4 children to be able to afford a $4 million house. Generally, you get seasoned professionals. Using the historical generation factors of .65, there are approximately 23 classrooms between the two students now. It is hard for him to imagine that this development is going to have a detrimental effect with $300,000 per year to the school district. If there was one extra child per classroom then it would cost the school $300,000 per year; that is hard for him to imagine. Mr. Callaghan said that there is a significant amount of time to research and perhaps ask staff to get additional input from Mr. Whitt. As the process goes along, the decision on the impact on the school need not be decided at this meeting or the next. The ordinance is quite clear. The Village Trustees must make a decision at final VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 18 of 19 March 205 2006 plat, so he is confused why the school has gotten involved in this particular issue at this time. Member Lalmalani said that he is confused about the traffic discrepancy. There are a lot of unanswered questions. Mr. Callaghan suggested that the commission check with the Village staff and Assistant Attorney. Regarding the ordinance. Nothing substantial has happened with the school district within the last five years. Member Saiyed questioned 35th Street and asked if anything would be done. Mr. Callaghan said that if the Village would require rural guardrails he would do so rather than enhanced safety measures he is working with the village engineer. Chairwoman Payovich polled the Commissioners on the possibility of a special meeting. All were in agreement if all the facts are presented by then. Motion by Member Wolin, seconded by Member Lalmalani to continue the review of the applicant's request to a possible special meeting on a date to be determined and that staff provide a response on the school issue. VOICE -VOTE: Motion carried. 5. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. 6. ADJOURNMENT: ADJOURNMENT Motion by Member Wolin, seconded by Member Saiyed to adjourn the meeting at 10:23 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 19 of 19 March 20, 2006 5. rel plat, so he is confused why the school has gotten involved in this particular issue at this time. Member Lalmalani said that he is confused about the traffic discrepancy. There are a lot of unanswered questions. Mr. Callaghan suggested that the commission check with the Village staff and Assistant Attorney. Regarding the ordinance. Nothing substantial has happened with the school district within the last five years. Member Saiyed questioned 35'h Street and asked if anything would be done. Mr. Callaghan said that if the Village would require rural guardrails he would do so rather than enhanced safety measures he is working with the village engineer. Chairwoman Payovich polled the Commissioners on the possibility of a special meeting. All were in agreement if all the facts are presented by then. Motion by Member Wolin, seconded by Member Lalmalani to continue the review of the applicant's request to a possible special meeting on a date to be determined and that staff provide a response on the school issue. VOICE VOTE: Motion carried. OTHER BUSINESS OTHER BUSINESS There was no other business to discuss. ADJOURNMENT,: ADJOURNMENT Motion by Member Wolin, seconded by Member Saiyed to adjourn the meeting at 10:23 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kalli Di r of Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 19 of 19 March 20, 2006 �a