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Minutes - 04/15/2002 - Plan CommissionVILLAGE OF OAK BROOK PLAN COMMISSION MINUTES April 15, 2002 1. CALL TO ORDER The meeting was called to order at 7:33 p.m. MEMBERS PRESENT: Chairman Stelios Aktipis Members Paul Adrian Samuel Girgis Surendra Goel Barbara Payovich Arrived 7:55 p.m. Anthony Tappin ALSO PRESENT: Village Trustee Alfred Savino Village Trustee Susan Korin Village Trustee Elaine Miologos Village Engineer Dale Durfey Director of Community Development Robert Kallien Village Attorney Richard Martens A quorum was present. 11. APPROVAL OF MINUTES Member Goel moved, seconded by Member Girgis, to waive the reading of the March 18, 2002 Plan Commission Meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Ill. DUPAGE HOUSING AUTHORITY — 3400 ST. PASCHAL DRIVE — PRELIMINARY AND FINAL SUBDIVISION PLAT TO SUBDIVIDE 6.189 ACRES FROM THE MAYSLAKE FOREST PRESERVE PROPERTY — TEXT AMENDMENTS and SPECIAL USE IN THE CR DISTRICT to CONVERT THE EXISTING FRIARY BUILDING INTO A SENIOR CITIZEN ASSISTED LIVING FACILITY Chairman Aktipis briefly reviewed the request before the Plan Commission this evening. Director of Community Development Kallien said that at the last meeting the DuPage Housing Authority was requested to provide a number of additional items for consideration. They have complied with all of those requests including: 1. A copy of the ballot for the bond referendum, which requested authorization from the taxpayers of DuPage County to finance the purchase of the Mayslake property. The referendum took place in 1992 and the language is straightforward. 2. A copy of resolution (00 -025), Forest Preserve Commission minutes and relevant attachments from the Forest Preserve District authorizing the execution of an intergovernmental agreement providing the conveyance of the property known as the St. Paschal Friary. PLAN COMMISSION Minutes PC- MTG.02- APR.doc April 15, 2002 3. A copy of the title commitment for the Friary property. 4. A study completed from the Polach Appraisal Group, Inc. analyzing the impact of the project on adjacent properties. The appraiser did a fairly good job looking at all of the issues. 5. A letter from the underwriter, which discusses the financial feasibility of the Friary project. 6. A letter from Village of Oak Brook Police Chief Pisarek discussing the impact of the project. 7. A letter from Village of Oak Brook Fire Chief Jarvis discussing the impact of the project. 8. A letter from the Polach group that attempts to analyze the tax implications. Member Adrian said that at the last meeting there was a representative present from the Trinity Lakes Homeowners Association. They had mentioned there was a situation that existed with the dredging of the water retention pond. They were trying to resolve the issue, had talked to the president of the association, and had not received any response as of a couple of days ago. Mr. Arnold Germain, DuPage Housing Authority Director of Development, said that the president of the Trinity Lakes Subdivision contacted the Forest Preserve District not the Housing Authority. There is a drainage easement through the back of the property and they were working together on it, but he does not know the status. As far as he knows their property has nothing to do with the easement or dredging. Ron Cullum said that he lives in Trinity Lakes, and they have a committee that is looking at the water quality of the upper and lower lakes. Their particular concern is that they are looking to dredge the lakes. One of the things they have been doing in working with the Forest Preserve District to help mitigate some of the cost of dredging is to store the silt nearby, which would dramatically reduce the cost. One of the prime areas they are looking at for the storage of the silt is on the property south of the Friary, between the Friary and 35th street. They are concerned about this because the Housing Authority last summer presented their concept and everyone was very positive about it. At that time the Friary boundaries were pretty much the way they are today. At the last meeting, they found out that the Housing Authority had taken approximately an additional 1 -' /2 acres of land south of the Friary for water detention. They are looking at storing some of the silt on the same land. They do not know how much they can store there. Conservatively it would be about 4 to 4 -' /z feet of silt that could be stacked up on that land. The engineering study has not yet been done to determine how much would be needed. The cost differential between keeping it on site versus hauling it away is about $200,000 to the Trinity Lakes development, so they are quite concerned. They met with Mr. Bollinger of (Bollinger and Lach) however; he gave them virtually no information. He was going to follow -up with the architect and that he would contact the Housing Authority to see if more information could be obtained. As part of working with the lake, the level of the lower level of the lake is actually going to be raised. It is an open issue from their standpoint and they are very concerned about it, but they believe there is a resolution. John Howlett, Attorney for the DuPage Housing Authority, said that the Housing Authority has heard nothing about this issue. Their position would be that they would cooperate fully to do anything that makes sense. The 1 -%2 acre was acquired because they need some water retention to comply with the code. At that time there was no discussion of putting silt there. Although they were unaware, they can work with everyone to make it happen in some fashion. Member Goel asked if the language in the referendum related to open space. Some years ago there was a proposal to turn the site into condominiums, which was a commercial venture that was ultimately not accepted. They are now again considering a commercial venture. As the name implies, "forest preserve" it is supposed to preserve open space, not to be used for commercial use. It is obvious to him that the intent was to preserve it as open space, which is why the commercial venture was not accepted. He does not know what has changed in the intervening years to accept this commercial venture and not have accepted the first one. PLAN COMMISSION Minutes April 15, 2002 2 PC -MTG. 02- APR.doc =L Mr. Howlett said that they have reviewed the process that the Forest Preserve District undertook to deal with the Friary. Proposals were taken from a number of not - for - profit groups. They decided the best plan was a plan that was owned and operated by a municipal entity that would provide affordable housing that would retain what has become a landmark over the years. They saw it as a win /win for the taxpayers and people in need of affordable housing. It is important to remember that there is over 90 acres of forest preserve and they are going to use 6.189 acres. The Forest Preserve District has not sold out to a commercial interest. The DuPage Housing Authority is not a commercial interest. They are able to provide affordable housing market rates. In this particular type of project, where it is so expensive to preserve the building, it will cost a lot of money to preserve the integrity of the building, and the only way it can be done is by combining market rates with the affordable housing. A lot of time was spent with the Bond Counsel and attorneys considering whether this was an appropriate use and they found that it was. Member Goel said that he walked through the compound and he saw the neglect of the building and it was obvious that the building had not been in use for a long period of time. From what he could see from the outside, it really is in bad shape. He peeked in the windows and from those views, he could not see any of the beauty of the building that had been described. He would not have any hesitation in demolishing the building. There was a big debate whether to preserve or build a new Cook County Hospital because it was not possible to upgrade the building to today's standards. He would not be surprised if this building has a lot of asbestos and asked whether the current estimates include its removal. He has many concerns over this building. Mr. Germain responded that a study was done and there is a minimal amount of asbestos in the building. There is some in the floor tile and there is approximately $20,000 budgeted for its removal. Member Girgis said that the Underwriter would not write it unless it was financially viable. It says that "NatCity Investments, Inc. commits to underwrite the above captioned financing conditional upon the following terms and conditions. The total amount of the tax - exempt financing is fully secured with collateral /mortgage insurance form GNMA/FHA (FHA Debt) and covers all principal and interest payments on the bonds." So they are taking the risk and passing it down to FHA, and if it does not work, who ultimately pays for this? Mr. John day responded the bondholders. There is an insurance provision on the bonds and he believes it may go up to 80% and that is what the FHA insurance provides. Mr. Girgis asked what the maximum risk would be to the taxpayer. Mr. Day said that there should be no risk to the taxpayer. There is FHA insurance, but that is backed up out of Washington; that is what the FHA business is. Within the last year the FHA is sitting on a surplus of over $4 billion because they have been doing well with their insurance proceeds. PUBLIC COMMENT Chairman Aktipis asked if anyone in the audience would like to ask questions or comment. Dr, Elliot Pulitser, 50 Briarwood Lane, said that he was in Florida during a previous meeting. He applauded Connie Xinos for doing a fantastic job, not only as the managing director of Briarwood Lakes, but on being elected for some 12 -15 years. He guards their interests jealously and treats them like a father. 90% of the time he agrees with him, however, he takes issue with him on this particular situation. Just before the famous blizzard of January 1967 he purchased his first vacant lot and built a home in Ginger Creek. For the greater part of 35 years he has been a resident of Oak Brook and lives in a townhome in beautiful Briarwood Lakes. After 50 years at the Wheaton Eye Clinic, he retired two months ago. As many senior citizens do at this stage in their lives, he envisions the time when he will be compelled to sell his present home and move into a senior development. It is unfortunate that some over zealous individuals in the Village find it repugnant to accept any multi - residential use, although the PLAN COMMISSION Minutes April 15, 2002 3 PC -MTG. 02 -AP R. doc majority of those in this unique complex would be older mature and financially responsible individuals. Since he lives several blocks north of the property, he would welcome it as a very smooth transition during his remaining years. Only 20% of the individuals would be subsidized in the development. Although there may be other retirement facilities in surrounding communities, he would appreciate the opportunity of remaining in Oak Brook and enthusiastically supports the St. Paschal's proposal. Dr. Howard Trier, president of the Oak Brook Park District, has been president of the Historical Society and was one of the founding members of the Mayslake Landmark Group. He spoke very much in favor of the project. Contrary to the gentlemen's (Member Goel) previous comments, he has been in the building many times, the woodwork, the finishes, the flooring is beautiful. It is an extraordinarily well built building done very well. The loss of that building would be an absolute tragedy for Oak Brook and the community. Like many Americans who tear down the old buildings to put up modern crap, it would be a horrible mistake. It is beautifully designed and has stood for many years. It is actually 30 years younger than the attachment to the Peabody Mansion; it had very little asbestos in it and was handled quite readily and quite well. He wanted to encourage the Commission to approve this. It would be a great benefit to Oak Brook. The previous comments gave many good reasons why it should be here and will provide something very favorable to this community. The Forest Preserve has been very wise in not tearing down the buildings. A previous developer was going to tear down everything. Thank heavens that was never done. Now we will have the Peabody Mansion and hopefully this will be done too. Mr. Ron Cullum, Trinity Lakes said that conceptually the housing, the people in their development that have spoken have been very much in favor of the proposal. What if the development should go belly up, what happens to it? They heard that there was the possibility of a juvenile detention home and their greatest fear is that if this project were to fail financially, could it ever become that. What authority does the board have to effectively protect them? Village Attorney Martens said that the application for zoning relief is two -fold. The applicant is asking that their particular use be authorized under the Oak Brook zoning code and that their proposed project be authorized as a special use. There is no use that he is aware of in the code that would permit a juvenile detention center. It would be his position in advising the village, that such a center would not be a permitted use. Any change would require the owner to come before the village and seek zoning relief before such a facility could be established at that location. Each case stands on its own. Member Adrian asked how much of the unit is subsidized by the government. Mrs. Hoye said that there is a state program called Support of Living that is available. State monies would go to help subsidize those individuals. What the individuals would pay would be based upon their income and their ability to pay. The remainder and what they have estimated into the equation is the total that the state would allow to be provided for in any one the units. Mrs. Hoye commented that the previous commercial condominium and the proposed senior citizen facility are very different uses as far as traffic flow into the facility. Seniors are a very frail population. The idea of the forest preserve having 98 acres in this area would like to think that part of the preserve may also be a people reserve for the Oak Brook seniors. Chairman Aktipis welcomed Member Tappin back and noted that although he is part of this meeting, he would not be participating in the vote. Member Goel said that there is a meeting planned with the Housing Authority and the Trinity Lakes homeowners association in the near future. It seems that the meeting should precede the Commission's decision. Beth Cullum, President of the Trinity Lakes Homeowners Association said that she does have the Housing Authority making a presentation at their June 20, 2002 board meeting. They are not having a May meeting. PLAN COMMISSION Minutes 0 PC -MTG. 02- APR.doc April 15, 2002 Village Attorney Martens said that it is a complicated issue. The Commission could address it by flagging that the Housing Authority and Forest Preserve District work with the Trinity Lakes Homeowners Association to resolve the issue of storage of the silt. The Plan Commission is the first recommending body. The Zoning Board also has the task of holding the public hearing and making a recommendation as well. It is a difficult judgment call. This is the third meeting of the Plan Commission and the applicant has certain deadlines that they have to make as well, so the Commission would have to weigh how best to resolve those issues. Vijay Kumar, 205 St. Michael Court, said that he is a member of Trinity Lakes and said that his back yard faces the Peabody estate. He said that it would be fair that all the Trinity Lakes residents be well aware of this and get involved before a commitment is made. Member Goel said that putting a condition on the resolution is like declaring the presidential results before the California poll closes. He believes it would have a detrimental effect on the people who may like or dislike the idea. Mr. Day said that they did meet with several of the homeowners associations throughout the village including Trinity Lakes, however, that was when they were at 4 % acres and the stormwater detention is a newer issue. There was a village wide meeting. They want to work with them as best they can, but it is more of a Forest Preserve issue because they partially own the lake with the residents, so it is their decision and is completely outside of their boundaries. At the same time, they want to keep moving forward. A two -month delay sets them further back, because they know there is at least two to three months in front of them for the other reviewing bodies. Chairman Aktipis asked if there was some time to have a meeting in a shorter period of time? Beth Cullum said that she would be happy to call a special board meeting, but they need enough time to notify the residents. The residents that circle the lake and the property were invited to the last presentation. The residents were notified of the Plan Commission meetings through their newsletter, but they have not had any direct contract since last year. She said that she could set a meeting in two weeks, if the other board members are available. Member Girgis suggested that this item perhaps could be added to the agenda. Mrs. Cullum said that they could try. Another speaker was going to address some of the lake issues. Member's Goel, Payovich, and Girgis agreed that they would like to give the residents of Trinity Lakes a chance to meet with the petitioner. Member Adrian thought a decision could be made, contingent upon the outcome of their meeting, but he would be willing to go along with the majority. Member Payovich said that she believes it is a very important issue to everyone so it would be best to continue the hearing for one month. Chairman Aktipis said that he understands that he appreciates the petitioner's patience and that time is pressing, but it is best to continue this meeting. Member Goel moved, seconded by Member Payovich to adjourn to a reconvened meeting to consider this matter at the next regular Plan Commission meeting scheduled for May 20, 2002. ROLL CALL VOTE: Ayes: 4- Girgis, Goel, Payovich, and Aktipis Nays: 1 - Adrian Absent: 0- Motion Carried. PLAN COMMISSION Minutes 5 PC -MTG. 02- APR.doc April 15, 2002 Director of Community Development Kallien asked if there was anything else the Commission would require the petitioner to provide for the next meeting. No one asked for additional materials. Mr. Day extended an offer to any of the members that would like to tour the facility. Mr. Ken Sullivan, Briarwood Lakes resident asked the Commission to consider the future possibility that the facility may end up being 100% subsidized. Mr. Howlett said that they do not have a crystal ball, but the right studies were done, they are aware of the market and the underwriter believes they are on the right path; so what has been suggested cannot happen. Director of Community Development Kallien said that if the special use is approved it would be very exact in the terms of its language as to the mix of units, which then becomes a condition of the special use. If there would be an attempt to put in more affordable units then it would be a violation of the special use and would require a special use amendment. IV. NAGUIB — 824 MERRY LANE — FLOOD PLAIN SPECIAL USE — COMPENSATORY STORAGE TO BUILD THE DRIVEWAY ACCESS TO THE PROPOSED RESIDENCE. Mr. Jim Anthony said that he represented Dr. and Mrs. Naguib. He sent their apology, because Dr. Naguib had patients and Mrs. Naguib had the stomach flu and could not attend the hearing. Mr. Anthony expressed thanks to staff for helping the Naguib's throughout this process. He said that the application started in February. He met with Village Engineer Durfey prior to submission of the application and also met with him the morning of this meeting. He felt the Village Engineer shortchanged the application process because he did not receive the plans to review until April. He said that his engineer did not receive any notice of revisions until April 3, 2002. He himself did not receive any notice until last week. When the plans were first submitted, they did compensate for the storage, but some of the numbers were incorrect and there were some misspellings on the site development plan. There was some miscommunication between his engineer and the Village Engineer. Due to the Village Engineer's busy schedule, they could not review the revisions until today. He had with him the revised plans as directed by the Village Engineer at today's meeting. They addressed the Village Engineer's entire memo of April 9, 2002. Item number three was changed, where the floodplain was 659.0 to 659.6. They have now provided the 1.5 times compensatory storage volume, and adjusted all items as required. The only problem was that his engineer just finished the revisions this evening shortly before this meeting started. He is ready to submit for the Village Engineer to review. They have worked very hard on meeting the March 15, 2002 deadline. The Village did not get back to them until the last week. He does not want the Naguib's to have any further hardships. He asked for some way that the board could expedite the process, since he has with him all the changes done as requested. This way it can be acted upon in a timely matter, instead of postponing the meeting to May 15, 2002. Chairman Aktipis said that the matter before them seems to have some questions that relate to the engineering plans. He said that the petitioner feels he needs to proceed with the project. He asked the Village Engineer the status of the review. Village Engineer Durfey said that the last plan he received was on April 9, 2002 and was the subject of his April 9, 2002 memo. He reviewed the plan today, and went through the comments and is waiting for the revised plans. PLAN COMMISSION Minutes 6 PC -MTG. 02- APR.doc April 95, 2002 Mr. Anthony said that he has those plans with him tonight. He asked to move this matter forward so that the Village Engineer could review, the Commission could review, and an action taken on it this evening. It would not be at this point if the application were addressed sooner in a more appropriate manner. He worked hard to get the application in on time. Director of Community Development Kallien said that although he does not review the engineering plans, he is involved in the process. He said that there is an assumption made that when the Village receives an application for hearing, that the application presented be correct to the degree of what the petitioner is asking for. Our regulations clearly show this project requires a 1.5 times compensatory storage. An assumption is made that those drawings indeed have met that requirement. In this case, when the Village Engineer reviewed those drawings, those figures were NOT met, which is a very critical issue. The other issues are housekeeping items. The 1.5 times compensatory storage is a bottom line issue that has to be met per Code. He had met a number of times with the owner and from his recollection of the meetings, it was very clear as to what was needed and what the Village's rules are. Mr. Anthony responded that they tried to provide the 1.5 rate, but there was an error in the calculation. They tried to address it. It now meets the requirement, but he still believes the matter was pushed to the last minute and it should have been addressed sooner so that they would have had adequate time to correct it. Mr. Aktipis said that his experience with Village staff is that they always try to do the utmost best to accommodate the residents. His observation, since being on the board for the last five years has never seen staff neglect their duty. He would like to see the Naguib's move forward, but it is only fair that the Village staff have adequate time to review and make certain that the requirements are met. Normally, if the plans had already been reviewed and there were only a few points of disagreement, they would proceed and act on it, with those items highlighted to be corrected. In terms of procedure, it would be very irregular for the Commission to approve the request without that set of circumstances. Hopefully at the next meeting all issues will be resolved and they will be able to act immediately. Member Goel asked the Village Engineer if it would be fair to proceed at this time or continue the matter? Village Engineer Durfey said that the plan that was submitted on April 9, 2002 was deficient and did not provide even 1 times compensatory storage. Most of the items in his memo were relatively minor. However, the compensatory storage is a major issue and he mentioned that perhaps walls may be needed, he does not know and until the revised plans are reviewed, he would not know what is needed. Mr. Anthony said that walls were added in the revisions. Member Payovich said that she believes staff should have an appropriate amount of time to do the necessary review. Staff should not have to be under the gun to look at something as significant as compensatory storage with walls and to make that decision at a board meeting. Mr. Anthony asked that he the minor areas be reviewed and approved based on that condition for the purposes of expediting. Member Payovich said that she does not believe that compensatory storage or the fact that retaining walls may be needed are minor issues. Retaining walls were done on the Forest Gate Subdivision and it would be appropriate to have the Village Engineer take the time needed to review it. Member Tappin said that it seems so many little details are missing, not just the compensatory storage and that the Village Engineer should have the opportunity to review it so that when it comes back to the Plan Commission they will be assured that the engineering has been taken care of. PLAN COMMISSION Minutes 7 PC -MTG. 02 -AP R. doc April 15, 2002 Director of Community Development Kallien said that the village is very sensitive to the issue of walls. When the Yorkshire Glen of Oak Brook subdivision was processed, and the stormwater management issue was refined, there was also an inclusion of walls. Details were required so that we were assured that what we would see we would get. If there are some walls, details will be needed to see exactly what they would look like. Ken Catrall said that he lives at 901 Merry Lane right across the street. He said that he would be neutral about the matter, but the lot has been there for 28 years. There has been so little done to it. It has been a flood problem. Neighbors drain water right into it on the east side. There is a seven -foot deep hole. He said that he was not notified of the proceedings. Some of his neighbors called him today, and that is how he found out. The parkway has been torn up, there is a lot of debris there, and nothing has been done with it. He looks forward to a development and so forth, but he is not sure that a quick decision is going to solve these issues, because there is quite a bit of a flood problem there. As a resident, some of the residents that live there know what is going on. No one else in the audience spoke in support or in opposition to the request. Member Tappin moved, seconded by Member Payovich to continue this matter to the next regular Plan Commission meeting scheduled for May 20, 2002. Wall details are to be provided at the next meeting if walls are included in the revised plans. ROLL CALL VOTE: Ayes: 6- Adrian, Girgis, Goel, Payovich, Tappin and Aktipis Nays: 0- Absent: 0 - Motion Carried. V. MCDONALD'S CORPORATION — TEXT AMENDMENT — SECTION 13- 10 -C -2 in ORA -3 DISTRICT Jack Lawlor, Sonnenschein Nath & Rosenthal, attorney for Petitioner, introduced Joe Endress, McDonald's Corporation and Bill Grieve, Gewalt Hamilton Associates, Inc. who prepared the traffic study for the Lodge. Mr. Lawlor said that for many years, McDonald's Corporation and its South Campus has blended harmoniously with the Village of Oak Brook and the surrounding community. McDonald's has found that certain ORA -3 regulations regarding use are creating difficulty in maintaining the Lodge operation in the South Campus. The challenge facing McDonald's has been largely caused by the globalization of its business. The decentralized global operation has negatively changed the company's usage patterns of the Lodge itself and its room occupancy. As a result, McDonald's would like to make the Lodge and its accessory facilities available to the public rather than limit their use to employees of McDonald's, its subsidiaries, its affiliates, franchisees, business invitees and non profit corporations as is currently the case. In terms of modifying the text, they want to add the word "hotels" and the word "restaurants" in the permitted uses in the ORA -3 district. They would also delete certain restrictions from the long list of accessory uses. The ORA -3 accessory uses include such things as limited retail and service facilities nonpublic meeting and conference room facilities and private recreational uses. McDonald's South Campus is the only property zoned ORA -3 in the entire village. FACTORS Mr. Lawlor reviewed the applicable Zoning Amendment Factors as follows: a. Character of the neighborhood. They believe that the McDonald's Lodge has already proven to be consistent with the character of the surrounding neighborhood. This is not a case where the village is not familiar with the PLAN COMMISSION Minutes 5 PC -MTG. 02 -AP R. doc _d2cc_ April 15, 2002 operator or the nature of the operation. The Lodge was designed by Lohan Associates and placed in a campus -like setting. When the leaves are out it is almost invisible to the motoring public. From an aesthetic standpoint, the appearance of the Lodge has been and will continue to be consistent with the Butler National Golf Course and other surrounding uses, such as Oak Brook's own sports complex and administration facilities, as well as the Oak Brook Park District facilities across Jorie Blvd. The proposed text amendment will not change the way the Lodge looks or fits into the community. b. The extent to which property values are diminished by the particular zoning restrictions. The ORA -3 district is unique to McDonald's and these restrictions prevent the use of the Lodge by anyone other than the owner, its subsidiaries, affiliates, franchisees, and other business invitees and by not - for - profit organizations. The restrictions date back to a time when the Village was less familiar with the first class manner with which McDonald's operates its business. It is important to note that McDonald's will continue to have its world -wide office headquarters just a few hundred yards away and that the Lodge facility itself will continue to be used by McDonald's and its upper most management on a daily basis for corporate functions. It is in McDonald's best interest to manage the Lodge in a first class manner. McDonald's is faced with this problem of diminishing occupancy levels because the global nature of its business dictates now that many of the functions that used to be handled in the Lodge be distributed now throughout the globe. This is the challenge facing McDonald's and this why they are here. c. The extent to which the removal of existing limitations would depreciate the value of other property in the area. Experience has shown that McDonald's South Campus fits in harmoniously with surrounding properties. The proposed text amendment will not result in a change to the appearance or physical configuration of the Lodge. As indicated in the traffic and parking report submitted by Gewalt Hamilton, the existing street system and parking facility serving the Lodge have more than adequate capacity to accommodate any additional Lodge customers. As a result, the removal of existing limitations will not depreciate the value of other property in the area. d. The suitability of the property for the zoning purposes: The property has been zoned ORA -3 for decades, and has blended harmoniously with the surrounding community. Experience has shown that the McDonald's South Campus and the Lodge are functioning in manner suitable for current zoning purposes. e. The existing uses and zoning of nearby communities; The Butler National Golf Course and the Oak brook recreational facilities located to the north and east of McDonald's Campus and Lodge are zoned R -1 and CR, respectively, and the Village's administrative facility to the south is zoned R -3. The Oak Brook Park District's recreational facilities to the west are zoned CR. These are the predominant land uses in the area. However, the southern most boundary of McDonald's property along 31St Street has a section zoned R -1, which was done historically to preserve the woodlands that are still preserved to this day. There is an ORA -1 zoning district on the far north end of the Lodge at the Autumn Oaks site and an adjacent R -3 zoning district to the far southwest of McDonald's South Campus. The length of time under which the existing zoning that the property has remained unimproved, considered in the context of land development. This factor does not have application to this request. PLAN COMMISSION Minutes 9 PC -MTG. 02- APR.doc April 15, 2002 g. The relative gain to the public as compare to the hardship imposed on the individual property owner. McDonald's property is the only property in the village zoned ORA -3. The use restrictions can be amended in the manner requested by McDonald's without imposing any hardship on the public. The existing use restrictions could possibly undermine the economic use of the Lodge, which is why McDonald's is requesting this text amendment. h. The extent to which the proposal promotes the health, safety, morals or general welfare of the public: The Village and McDonald's share an interest in the economic viability of the Lodge. The success of the Lodge facilitates its continued operation in a first class manner. It enhances the stature of the Village of Oak Brook as a hub of a worldwide headquarters facility. It will continue to boost the hotel accommodations and tourism and the first class retail all in the context of the community that has a high residential quality of life. i. The relationship of the proposed use to the Comprehensive Plan. The development is not inconsistent with the Oak Brook Comprehensive Plan. j. The community need for the use proposed by the property owner. Oak Brook is a unique community in that it provides first class headquarters, hotel, tourism and retail facilities while maintaining a high quality of life for its residents. It is in the best interest of the Village to take the steps necessary to maintain that stature over time notwithstanding the passage of time and changing economic circumstances. The modification of the ORA -3 regulations in the manner requested by McDonalds will help insure that Oak Brook's legacy will continue by facilitating the continued economic viability of one of its most attractive corporate campuses. It is for these reasons that McDonald's respectfully requests the text amendments. They do not believe it will have a widespread effect on other property within Oak Brook insofar as the McDonald's South Campus property is the only property with this zoning district classification. Member Tappin asked if they were trying to make the Lodge a profit center? Joe Endress, Vice President Facility Assistance, McDonald's Corporation responded that he does not believe the hotel will ever be a profit center for McDonald's. They are trying to maximize the asset by bringing in a higher degree of occupancy into the hotel somewhat the levels that they experienced several years ago. Member Tappin asked who he believes the customers would be. Their target market is other corporations like themselves. The chairman of the board comes into the hotel on a daily basis. They cannot embarrass themselves by having substandard corporations or groups coming into the facility. Their marketing would be after Fortune 100 companies, high level associations, American banking associations, American marketing associations, law firms, etc. Chairman Aktipis questioned the advertising plan. Mr. Endress said that advertising would be done on two levels. Mostly at the national level through Hyatt Corporation, this is a listing of the hotel so that it is available on the 800 - reservation system. Locally, they would advertise in select markets and publications to target market such firms and associations that would pay for the hotel. Member Girgis asked what the occupancy rate was. PLAN COMMISSION Minutes April 15, 2002 10 PC -MTG. 02- APR.doc C Mr. Endress said that it is in the high 50's to low 60's. One of the problems they have is with the increased globalization of the corporation there is no longer the need to bring managers, etc. into Oak Brook. The split between national and domestic is about even, so there is no need for them to come to Oak Brook, Oak Brook goes to them. They have a void that they would like to fill. Chairman Aktipis asked in the present number of parking spaces was incorporated into the parking study. Mr. Lawlor responded yes, and that there is excess capacity there already. No one in the audience spoke in support of in opposition to the request. None of the members had any further questions of the petitioner. Member Adrian moved, seconded by Member Girgis, that the petitioner has met the requirements necessary to recommend for approval the Text Amendments as requested. ROLL CALL VOTE: Ayes: 6- Adrian, Girgis, Goel, Payovich, Tappin and Aktipis Nays: 0- Absent: 0 - Motion Carried. Chairman Aktipis called for a ten - minute break. VI. OAKLAND SUBDIVISION — 121 -209 OAK BROOK ROAD — FINAL PLAT 3 -LOT SUBDIVISION Rachel Robert, Day and Robert, P.C., identified herself as the attorney for the petitioners, Dr. Alias and Hope Sabbagha. She introduced Paul Bates, Spaceco, the Civil Engineer on the project. The property is located at 121 and 209 Oak Brook Road. They received preliminary plat of subdivision approval unanimously from the Plan Commission on October 15, 2001. Subsequently, they received unanimous approval from the Village Board on November 13, 2001. The final plat they are proposing is in substantial compliance with the approved preliminary plat. The property is a two -lot parcel being broken down into three lots. There will be a single private looped driveway with a landscaped interior. They have identified the proposed building pads and detention on the plans. They have worked closely with Village Engineer Durfey as it relates to the stormwater management and Christopher B. Burke Engineering was their stormwater consultant. The primary focus as far as the private looped driveway configuration was due to the very mature hardwood trees on the site and their goal is to maximize the natural preservation aspects of keeping the trees on the site while minimizing stormwater runoff. They have revised site improvement plans (that are being prepared) that address the comments in the Village Engineer's memorandum. They will address all items as recommended. They will meet the detention storage requirement. The slopes are in conformity with the Village Engineers suggestion. The variations they are seeking are the same variances that were approved in the preliminary plat. There are six variations and they all relate to the private looped driveway as opposed to a public street. Member Tappin asked if emergency access was reviewed for the looped drive. Ms. Roberts said that they were addressed. The one variance related to street width. The requirement is for 20 feet, they are proposing 18 feet wide, and the turn around will be 100 foot as opposed to 120 feet. PLAN COMMISSION Minutes PC -MTG. 02- APR.doc 11 �7 April 15, 2002 Director of Community Development Kallien said that the turning radius for the largest fire vehicle is 49 feet, and doubled would be 98 feet, so it satisfies the requirement. Member Tappin asked if a pedestrian path had been planned on front of the property. Ms. Roberts said they do not have one. Village Engineer Durfey said that there is no plan for any pedestrian path for this section of Oak Brook Road. Chairman Aktipis asked why nothing was planned for Oak Brook Road. Village Engineer Durfey responded that the bike trail committee has a listing of proposed pathway lists, and this particular location is not on any of the lists. Village Engineer Durfey said that it is very similar to the Sue Boon Subdivision, which is on York Road, just south of 31St Street, with a private drive serving the three lots. There is nothing unusual about this plan. John Kieffer, 107 and 115 Oak Brook Road, and lives right next door to the property. He was curious as to why this development needs the stormwater detention. Village Engineer Durfey responded that new subdivisions must provide stormwater detention. This has been required since the early 1970's. Older subdivisions predate the regulation. No one in the audience spoke in support of in opposition to the request. None of the members had any further questions of the petitioner. Member Girgis moved, seconded by Member Tappin, that the petitioner has met the requirements necessary to recommend for approval the final plat for the Oakland Subdivision subject to final engineering approval. ROLL CALL VOTE: Ayes: 6- Adrian, Girgis, Goel, Payovich, Tappin and Aktipis Nays: 0- Absent: 0 - Motion Carried. VII. VILLAGE OF OAK BROOK — TEXT AMENDMENT — AMEND SUBDIVISION REGULATIONS Director of Community Development Kallien said that this is a proposal to amend the Subdivision Regulations within Title 14 of the Municipal Code. It is different from the process being used for the update of the Zoning Ordinance in that the Zoning Ordinance requires review and recommendation by the Plan Commission and Zoning Board of Appeals and ultimately approval by the Village Board. The Subdivision Regulations will be the only body to review and make a recommendation to the Village Board. It has been over twenty years since there has been a comprehensive revision to this section of the Code. Staff felt it was an appropriate time to review this as well. The Plan Commission will commence its review and public hearing at the May 20, 2002 meeting. Member Goel moved, seconded by Member Payovich to adjourn to a reconvened meeting to consider this matter at the next regular Plan Commission meeting scheduled for May 20, 2002. VOICE VOTE: All in favor. Motion carried. PLAN COMMISSION Minutes April 15, 2002 12 PC-MTG. 02 -AP R. doc V111. OTHER BUSINESS No other business was discussed. IX. ADJOURNMENT Member Payovich moved, seconded by Member Girgis to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 9:34 p.m. PLAN COMMISSION Minutes 13 PC -MTG. 02- APRAOC Director of C mmunity Develop nt Secretary May 20, 2002 Date Approved April 15, 2002