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Minutes - 04/19/2004 - Plan CommissionMINUTES OF THE APRIL 19, 2004 REGULAR OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON MAY 17, 2004. 1. CALL TO ORDER: The Regular Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members Paul Adrian, Surendra Goel, Jeffrey Bulin, Marcia Tropinski and Gerald Wolin. ABSENT: Member David Braune IN ATTENDANCE: Robert L. Kallien, Director of Community Development and Dale L. Durfey, Village Engineer. 3. APPROVAL OF MINUTES: REGULAR PLAN COMMISSION MEETING OF MARCH 15, 2004 Motion by Member Goel, seconded by Member Tropinski, to approve the minutes of the March 15, 2004 Regular Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried 4. UNFINISHED BUSINESS There was no unfinished business to discuss. All Village Zoning Review Project applications are heard after new business agenda items. CALL TO ORDER ROLL CALL MINUTES UNFINISHED BUSINESS 5. NEW BUSINESS NEW BUSINESS A. MIDWEST COURT SUBDIVISION — 3308 MIDWEST ROAD —FINAL PLAT MIDWEST COURT OF SUBDIVISION — VARIATIONS TO FOLLOWING SECTIONS OF THE 3308 MIDWEST - 3308 MIDVI EST RD SUBDIVISION REGULATIONS — SECTION 14 -6 -3E; SECTION 14 -6 -31); -4-LOT SUB. SECTION 14 -6 -3F; and SECTION 14- 6- 3A -2.c John Brechin, Attorney for the applicant reviewed the proposal. The request is for a 4 -Lot Subdivision located on the west side of Midwest Road and consists of 2.64 acres. Last year the property was rezoned from R -2 to R -3. All of the lots appear to be in conformance with the provisions of the Subdivision Regulations and the Zoning Ordinance, with the VILLAGE OF OAK BROOK Plan Commission Minutes Page 1 of 12 April 19, 2004 W-140A exception of the variations being sought. There are provisions in the Subdivision Regulations that allow Final Plat review without a Preliminary review if there are 5 lots or less; and they meet those criteria. The variations they are requesting are detailed on page D of the case file. Variations are allowed under Section 14 -7 -4 of the Subdivision Regulations which states that, "as long as they are in harmony with the intent and purpose of the Official Plan of the Village and in harmony with the spirit and intent of the Subdivision Regulations." They believe the variations requested are consistent with both the Official Plan and the spirit and intent of the Ordinance. They are seeking relief to the following: 1. Waiver of the requirement for public sidewalk adjacent to the private street — Section 14- 6 -3(E). All of the streets in the proposed subdivision are private and there is not a real need for sidewalks. There will be a gated entrance to the four lots. In existence along Midwest Road is a bicycle and pedestrian pathway. He noted that in the Village Engineer's memo, he suggests waiving the requirement for sidewalks in exchange for the developer relocating the existing pathway. They are willing to accept that condition to relocate the pathway, which abuts Midwest Road. 2. Waiver of the requirement for storm sewers in the rear yards — Section 14- 6 -3(D). In the Village Engineer's memo (item 413) states that the request is reasonable and that the storm water drainage is covered adequately by the topography of the site. There is good natural drainage in every direction. There is a County storm sewer that they will eventually connect to. 3. Waiver of the requirement for a street light — Section 14- 6 -3(F). The request is for a waiver of the street light at the Subdivision entrance. They believe that the subdivision gateway features they would provide, including an illuminated sign, would sufficiently identify the subdivision. They believe a street light could detract from the aesthetics of the property. This is not an intersection; it is a cul -de -sac with a collective servicing to only four lots. It is different than the entrance by the Midwest Club Subdivision which services hundreds of lots that need protection. The lighting from the proposed gateway sign would be sufficient to handle it. There would be no appreciable benefit to the Village or the property to install a street light. 4. Waiver of the 60 -ft. cul -de -sac radius requirement — Section 14-6 - 3(A)2(c). The Ordinance requires 60 feet; they were requesting 45 feet in their VILLAGE OF OAK BROOK Plan Commission Minutes Page 2 of 12 April 19, 2004 application. They are withdrawing the request on the basis of comments made by the Fire Department. They will conform to the requirements of the Ordinance. John Greene, Project Engineer, Engineering Resource Associates, reviewed the project. The four lots will meet the minimum 25,000 square footage required for R -3 zoning. They will conform to all setback and easement requirements. The site will be serviced with storm sewer and the impervious new private road will be connected to the DuPage County storm system. The remainder of the site will naturally adhere to the existing topography flowing to the north and south. The site does not require storm water detention by local or county code. There will be a new sanitary sewer and new 6 -inch water main looped with a new fire hydrant. There will be a landscaped island in the center of the new street roadway. There will be an illuminated entrance monument. The Village Engineer's memo suggests the bike path be moved back five feet from the existing curb. There are eleven parkway trees along Midwest Road; seven of those sit atop the retaining wall that is slated to be removed. Those trees will all have to be removed as a result of removing the retaining wall, which is a DuPage County requirement. There are four additional large trees (20-24 - inch in diameter), two that are north of the retaining wall and two that are south of the retaining wall that would remain in tact in place, that would need to be removed in order to move the bike path back five feet. The landscape will be drastically altered when moving back the path. Craig Oddo, Vice - President of Operations, Kanan Construction reviewed a drawing of the landscape plan. They provided a conceptual plan that needs many adjustments. They intend to conform to all rules and regulations of Oak Brook. Pictures were provided of the existing bike path as it is viewed right against Midwest Road. DuPage County wants the detention wall totally removed and wants no responsibility for anything on the property. Member Bulin asked if it could be graded once the retaining wall was removed in order to keep the trees. Mr. Brechin commented that the County does not want any private improvements in the right -of -way and they deemed the retaining wall to be nothing but a maintenance burden to them. It was suggested that they could reinstitute the wall further to the west, but still in the right of way and the county said no. It is a non - negotiable item with the County. Mr. Oddo said that trees they are too big to be relocated because of there size. Once the path is moved, all the trees will be removed. There is VILLAGE OF OAK BROOK Plan Commission Minutes Page 3 of 12 April 19, 2004 _s� probably about 5 feet of space from the existing bike path to the trees. There is the possibility of raising the bike path, but that would be more of a hazard because then there would be a retaining wall between Midwest Road and the bike path with the possibility of falling into the road. The County has strict rules about the height of landscaping. They do not allow any vertical landscaping (which would be lower than a flower). Low lying shrubs, grass and flowers are okay, but if the County would allow them to they would plant additional trees there, however, they do not allow planting of trees in the right of way. Member Adrian asked if the trees would need to be removed if the bike path were not relocated. Mr. Oddo said that seven trees would have to be removed. Member Bulin said that the four trees that would need to be removed would be to accommodate the new entry. Member Bulin asked about putting the bike path on their property. Mr. Greene said that DuPage County is requiring the retaining wall be removed because they consider site distance issues for safety for vehicular access in and out of the subdivision. The retaining wall stands 10 -12 feet off of curb and restricts Midwest Road traffic going north and southbound from seeing any vehicles entering or exiting the roadway. They are requiring the wall removal due to safety issues. Member Wolin asked why the retaining wall was built in the first place. Mr. Greene responded that it was built by the County as part of the Midwest Road improvements. The County put in the retaining wall and the bike path where it is located on the curb because of the trees. They looked to avoid and save the very mature parkway trees as part of their reconstruction work. It is interesting that it was installed when the road was constructed 5 -6 years ago and now they are asking for it to be removed and have offered to remove it themselves. Member Wolin asked if just the wall were removed, whether it would be harmful to the trees. Mr. Greene responded that it would be harmful to seven of them because they sit on top of the retaining wall. The reason the wall is there is to absorb the grade and get back to the elevation of the tree where the root system starts. Member Goel asked if the area could be graded to the curb. Mr. Greene responded that from the County snow removal standpoint they require a certain amount of flat area (6 -7 feet) for plowing. VILLAGE OF OAK BROOK Plan Commission Minutes Page 4 of 12 April 19, 2004 Village Engineer Durfey said that if the retaining wall were removed and it was sloped down to back of curb, there would still be the site distance problem and the safety issue of cars existing and entering the site. Member Adrian asked what would be the best remedy to remove the retaining wall and save as many trees as possible, without relocating the bike path. Mr. Oddo said that he believes everyone's safety is more important than any tree. He would like to see everyone join together to seek approval from the County so that they would be allowed to add some vertical height and landscaping to replace the trees that are removed. Member Wolin said that the he would like to save the trees, but understands the need for removal from the safety standpoint of the bike path and making the entrance visible. He would like to see additional trees placed on the subdivisions side of the fence. It appears there are many shrubs, but would like to see compensatory trees. Mr. Oddo responded that the initial drawing had somewhat tall trees that they wanted to include but the County said that they were not allowed to do that. Member Wolin asked if it was possible to add more trees to their side out of the right of way to make up for the trees that need to be removed. Mr. Oddo responded that if the trees remain, he believes there will be a safety issue at the entrance. Member Bulin said that based on the proposed tree preservation plan, they would provide 6 to 8 caliper replacement trees on their side of the fence, as opposed to the 34" trees being shown on the plan. Member Adrian noted that there is an 8 foot drop along the bike path that runs by the Midwest Club along Oak Brook Road, which is as dangerous as it gets and it exists today. The site along Midwest Road currently is one of the safest and flattest areas along the bike path. Mr. Brechin said that if the bike path is relocated 5 feet to the west, all the trees would need removal either because of the bike path or because of the grading involved that will infringe upon the root structure of the mature trees, none of which could be relocated. There was a general discussion on relocation of the bike path and concern over tree removal. Mr. Greene said that the new roadway pavement must be flush with the Midwest Road pavement grade. All of the trees root systems are 3 to 4 feet above the roadway pavement. VILLAGE OF OAK BROOK Plan Commission Minutes Page 5 of 12 April 19, 2004 N- V., -0� I Mr. Brechin said that it appears the consensus of the Plan Commission is to relocate the bike path as feasible with the goal of preserving trees as well as removing the bike path from the pavement line. The bike path will be moved somewhat to the west and the grade will be reduced, and tree removal will enhance site distance perspective. The combination of factors, will allow sufficient time to locate, decelerate and make the required turns. Member Bulin said that the sign appears to be parallel to Midwest Road. Mr. Brechin responded that visitors would see the subdivision gateway sign which is at the highest point of Midwest Road. Mr. Oddo said that they do not want a street light at the entrance so that it would look like an intersection to motorists; that would cause more people pulling into the driveway than necessary. Village Engineer Durfey said that the Village street light standard would require a shoebox square about 20 -25 feet tall and is maintained by the Village. Any decorative lighting is usually interior to subdivisions. Director of Community Development Kallien said that at some subdivision sites, there is a "subdivision entrance" street sign that could be placed identifying the entrance. It is a difficult site with a very limited size. There is really no other place for the entrance way and it has many existing trees. It is also a gated entrance. Member Adrian questioned how many cars could fit on the drive as they exit Midwest Road before they come to a stop at the gated entrance. Mr. Greene responded that it can accommodate three full cars. There is also room for turnaround. There is enough room so that a 40' tractor trailer could pull up to the face of the gate and be out of the traffic. Member Tropinski said that if it is not a true intersection it would be more appropriate to put bollards or decorative landscape lighting or visual indicators at night to indicate that you are entering some type of gated entryway. Chairwoman Payovich asked how the sign was going to be illuminated. Mr. Oddo responded that it would be landscape lighting with an upward angle as well as on the sides of the sign, to give it a glowing effect. Member Tropinski commented that the sign would be difficult to see VILLAGE OF OAK BROOK Plan Commission Minutes Page 6 of 12 April 19, 2004 0 unless you were right on top of it. Mr. Oddo responded that they intend to do enough lighting so that it would be visible. Mr. Brechin added that one of the problems with the location of the gateway is the County's desire to not have any of it extended into the Midwest Road right -of -way. From the motorists perspective it would be best if they could encroach slightly into the Midwest Road right -of -way, because there would be great visibility. He suggested that the sign could be oriented perpendicular to the roadway so that it would be more readily accessible and viewable by people traveling north and south. Mr. Brechin said that there will be illumination with multiple lights within the center of the cul -de -sac. It would be fully illuminated for those approaching the gate (in or out). Some of the ambient light would go into the actual driveway area in addition to the subdivision gateway lighting, so there is more lighting than just the sign. They recognize the need for interior lighting. Member Wolin questioned the parking availability within the subdivision and whether overflow parking would be needed on Midwest Road. Mr. Brechin said that the County would not allow parking on Midwest Road, under any circumstance. They anticipate that most of the residences will have a circular driveway which would maximize their ability to park for private functions. They do not see any need for parking along Midwest Road. Chairwoman Payovich questioned the ownership of the vacated street on 33rd Street. Mr. Brechin responded that when the street was vacated, Midwest Club took the south half of the vacated right -of -way and it became part of its property. The north half is owned by a trust at LaSalle Bank and they are attempting to secure the necessary easement rights over the very limited portion of the property where they need to make a connection to the sanitary sewer. Member Goel questioned the reasoning of moving the bike path. Village Engineer Durfey said that the bike path is right to the back of the curb and the concern is that there are both north and south bound pedestrians on the pathway next to cars that are moving 40 to 50 mph. If there is an opportunity to make it safer, than take that opportunity. He would rather see 100 trees removed that losing one little boy. Member Goel said that it appears to be for such a limited section and the same condition exists all along 31St Street. Member Adrian said that this particular section is the worst along Midwest Road, and agrees with the Village Engineer. VILLAGE OF OAK BROOK Plan Commission Minutes Page 7 of 12 April 19, 2004 No one in the audience spoke in support or in opposition to the request. The members agreed that they would like to see revised plans prior to making a recommendation to the Village Board. Chairwoman Payovich asked that the following items be submitted for review at the next meeting. 1. The relocation of the Bike path to be reviewed with the new configuration acceptable to the Village 2. Landscape plan that will show the trees to be removed and location of the replacement trees with consideration of the proposed tree preservation plan. 3. Revise the orientation of the gateway sign with illumination details. 4. Detail of gateway entrance 5. Schematic of the interior lighting on the cul -de -sac island. 6. Confirmation of the Easement agreement of 33rd Street Motion by Member Goel, seconded by Member Wolin, that the hearing on the Midwest Court Subdivision be continued to the next regular Plan Commission meeting on May 17, 2004. VOICE VOTE. Motion Carried. 5. B. VILLAGE OF OAK BROOK —ZONING ORDINANCE REVIEW PROJECT — VOB -ZO REVIEw TEXT AMENDMENT — TITLE 13 of the VILLAGE CODE — ZONING PROJECT - AMEND - ZO- ORDINANCE — SECTION 13- 12 -7A.2 AMEND LOADING REGULATIONS SECTION 13- 12-7A.2 W THE B -2 DISTRICT B -2 LOADING REGS Director of Community Development Kallien said that the current B -2 language for loading docks states that if they are within 500 feet of a perimeter road they are required to be completely enclosed. Chuck Fleming, Oakbrook Center management has stated in a letter on page 8 of the case file that this language contradicts with a number of existing loading docks located in the Oakbrook Center. It was recommended by the Plan Commission and Zoning Board of Appeals that the loading dock for the Cheesecake Factory, instead of being entirely enclosed, could be screened with a 10 -foot high masonry wall. After review and consultation with Village Engineer Durfey, it was felt that the request was reasonable because it was being responsive to the current quality development and looks at the best interest of the shopping center. They are recommending that instead of using the word "enclosed" to use "screened ". They will be screened with a solid masonry wall. The text amendment is providing so that there is no contradiction in the ordinance. VILLAGE OF OAK BROOK Plan Commission Minutes Page 8 of 12 April 19, 2004 No one in the audience spoke in support of or in opposition to the request. Motion by Member Wolin, seconded by Member Goel that the Plan Commission recommends approval of the request from the Village of Oak Brook for a text amendment to the Zoning Ordinance to modify the screening requirements for loading docks in the B -2 District. In making the recommendation the Plan Commission found the following: 1. The only area of Oak Brook which would be affected by this amendment is the B -2 Zoning District which encompasses the Oakbrook Center property. 2. The Oakbrook Center management has indicated in a memorandum to the Village that the existing regulations which required that loading docks be totally enclosed is problematic and presents severe challenges for future redevelopment of the Center. 3. As part of the recent review of the request from the Cheesecake Factory restaurant, staff recommended that the requirement for an enclosed loading dock was very difficult to accomplish and the intent of the ordinance could be maintained through the construction of a 10 -foot high wall to screen the loading dock. 4. No negative comments were received from any resident or property owner relative to this request. 5. The proposed amendment is deemed reasonable and does not jeopardize the public health, safety or general welfare of any party. ROLL CALL VOTE: Ayes: 6 — Members Adrian, Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 1 — Member Braune. Motion Carried 5. C. VILLAGE OF OAK BROOK — ZONING ORDNANCE REVIEW VOS - TEXT - AMENDMENT- PROJECT — TEXT AMENDMENT — TITLE 13 OF THE VILLAGE TREE CODE — ZONING ORDINANCE — ADD CHAPTER 15 — TREE PRESERVATION REGULATIONS PRESERVATION REGULATIONS Director of Community Development Kallien said that two Commissioners offered up a lot of help by providing a lot of good materials on this issue. It gave him a good idea of what can be done, if need be done. The reality is that Oak Brook does not have a real concern over tree preservation because we have been very lucky that the corporate and residential residents have done a good job being stewards of the trees. However, when the Forest Preserve District did the work over on the Mayslake property it opened VILLAGE OF OAK BROOK Plan Commission Minutes Page 9 of 12 April 19, 2004 0 peoples eyes as to what could happen, because it had never happened to the degree that it happened there. Some people believe there was a clearing of the trees when Forest Gate was developed, but they have replaced many more quality trees than was on the original site. On page 20 of the file, there is a memo that spells out what we need (i.e., a safety net not bureaucratic so that it is not burdensome to the residents and easily understood). The proposal does provide opportunities to cut the less significant trees on property without the need to replace them. If someone desires to cut down a number of large trees, the plan provides a mechanism to replace them or even prevent them from doing so. If needed, the ordinance could be amended to address any situation that may come up. Member Bulin said that it is a very good draft and provided a couple of comments. He suggested the following: • Under Tree Replacement Plan - Revise language on 19.b in place of tree species to say: "All replacement trees shall be selected and planted in accordance with the most recent edition of "American Standard for Nursery Stock" (ANSI 260.1) as published by the American Association of Nurserymen." • Under Construction Activity Plan - Add the words "material and" between the words "construction debris'; to read "construction material and debris." • Under Tree Inventory Plan - Replace the words "landscape professional" with the words "landscape architect" Member Wolin agreed with the need for a tree preservation plan. There was no provision for "infected — diseased" trees. Members Wolin and Goel discussed the use of caliper and DBH. The changes proposed under Tree Inventory Plan to replace "DBH of 8 inches" to "caliper of 6 inches." Member Wolin brought up replacing trees removed from public property being replaced on private property. Director of Community Development Kallien responded that on public right -of -way property the Village does have a tree program through the Public Works Department that provides for tree removal, etc. The proposed tree preservation ordinance should not affect an area where there is existing regulations in place. In the previous case of the Midwest Court Subdivision, the creation of the 4 lots is the reason the trees need to be removed. VILLAGE OF OAK BROOK Plan Commission Minutes Page 10 of 12 April 19, 2004 Member Tropinski suggested that to add to the Construction Activity Plan that the neighbor's trees adjacent to any construction should have the drip line of those trees protected within reason. Under Tree Inventory Plan wording should be added to "identify critical root zones on adjacent property that encroaches on the subject property." Member Bulin said that "drip line" should be added to the definitions. The definition, "A vertical line runs through the outermost portion of the crown of a tree and extending to the ground ". There was a brief discussion whether there should be a cap placed on the maximum to be replaced. Director of Community Development Kallien said that he would review this item. Motion by Member Wolin, seconded by Member Goel to continue the hearing on the Tree Preservation Regulations to the next regular Plan Commission meeting scheduled for May 17, 2004. VOICE VOTE: Motion carried. 5. D. VILLAGE OF OAK BROOK — REVIEW PROJECT — PLANNED UNIT VOB - REVIE w PROJECT - PUD DEVELOPMENTS (PUD) Motion by Member Wolin, seconded by Member Goel to continue the hearing on the Village of Oak Brook — Review Project — Planned Unit Developments (PUD) to the next regular Plan Commission meeting scheduled for May 17, 2004. VOICE VOTE: Motion carried. 6. OTHER BUSINESS OTHER BUSINESS Director of Community Development Kallien briefly discussed a Village Fox - FOR ALE SIGNS application on "For Sale and For Lease" signs that had been continued several months ago. He said that at this point no one in the commercial districts has pressed that it has not yet been reviewed. Due to the heavy schedule with other priority matters he asked the board consensus whether to withdraw the application and reapply or continue the present application to later in the year. It was the consensus of the Plan Commission to not withdraw the application and to place the matter back on the agenda towards the end of the year. There was no other business to discuss. 7. ADJOURNMENT: ADJOURMENT Motion by Member Goel, seconded by Member Wolin to adjourn the meeting at 9:22 p.m. VILLAGE OF OAK BROOK Plan Commission Minutes Page 11 of 12 April 19, 2004 111-�WL ATTEST: Robert Kallien, Director ommunity Development Secretary VILLAGE OF OAK BROOK Plan Commission Minutes Page 12 of 12 April 19, 2004