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Minutes - 05/14/2007 - Plan Commission1. 2. 3. 11 MINUTES OF THE MAY 14, 2007 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 18, 2007 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 7:36 p.m. ROLL CALL ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members, Paul Adrian, Raju Iyer, Gopal Lalmalani and Marcia Tropinski IN ATTENDANCE: Barbara Gosselar, Assistant Village Attorney and Dale Durfey Jr., Village Engineer. MINUTES APPROVAL OF MINUTES: REGULAR PLAN COMMISSION MEETING OF MARCH 19, 2007 Motion by Member Adrian, seconded by Member Iyer to approve the minutes of the March 19, 2007 Regular Plan Commission Meeting as written. VOICE VOTE: Motion Carried. UNFINISHED UNFINISHED BUSINESS BUSINESS There was no unfinished business to discuss. NEW BUSINESS NEW BUSINESS A. WHITE AK MEADOW S — 3101 WHITE OAK LANE —FINAL PLAT _ MEADow TWO -LOT SUBDIVISION FINAL PLAT - TWO -LOT SUB Chairwoman Payovich summarized the request. The owners of the property are seeking final plat approval. There is a parcel of land approximately 2.5 acres that is improved with a single family residence that will be demolished. The property owners are seeking to subdivide the property into two parcels. One lot will be a flag lot and both lots will have access to White Oak Lane. Michael Guinta reviewed the request to subdivide the property into 2 individual lots. Each lot will meet the R -2 standards and all Subdivision Regulation requirements. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 13 May 14, 2007 Each lot will have at least 1/2 acre of buildable area. At the time of building permit, all grading plans will be submitted and will not impact the neighbors in any adverse way. They are aware of the stormwater conditions in that area and their plan is to be a good neighbor and work with them so that water is not shed on their properties. It is their intent to build high quality structures that would be a compliment to the area. They will be seeking to use the village water services. Charles Shemely, President of the Heritage Oaks Private Roadway Association said that they had conversations with their members that border this property. One has had a problem that has been there for years. Their concern is not regarding the flag lot or building nice homes, it has to do with how the property is managed in the process, The property was improved with a tennis court and appears to be in a flood plain. Water that used to flow over land in a natural watershed was put in a stormwater pipe. There is an inlet in the center of the tennis court. They would like to see if some situations that have gone from bad to worse in the past several years could be corrected. Karen Stacey, 3106 Heritage Oaks Lane, directly south of the property. She reviewed the history of the property dating back to when they bought their property in 1989. At that time, the entire pond was cleaned and the drain was kept opened. She has concerns with the property. The pond does not drain adequately, because it is always plugged and is not maintained. The drain tile is under the tennis court. There is inadequate drainage that causes the pond to drain over its banks and covers the entire peninsula, which can last for weeks; and one time it lasted for 6 months. The flooding caused extensive erosion and she has lost 3 trees, with 3 more in jeopardy. They would like for the following. e The pond to drain naturally or a large pipe that is filtered to catch debris and easily cleaned. ® The expense of the pond to be made known to the new owner and shared; • The loss of land and property damage to be addressed and corrected; The Village allowed the tennis court and adequate drainage was approved. The Engineering Department has come out to the property when the property owner could not be reached. She has had no recourse but to watch her land disappear. Member Adrian appreciated her plight and suggested that Ms. Stacey work with the applicant to work things out. The owner may not be aware of the situation so that it can be rectified. Mr. Guinta said that this was the first they have heard of this issue. Letters were submitted to all of the neighbors prior to the Village's notices to the neighbors. He included his phone number in the letter. He will work with her and come up with the means to keep the drain from clogging. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 13 May 14, 2007 ,1--� Ms. Stacey said that she tried to resolve the issues on the property by calling the realtor and the lawyer in order to bring it to their attention. Mr. Shemdly said that Village Code Section, 14- 3 -3C.9 (Subdivision Regulations) might apply to this issue as follows: "No land which is subject to periodic flooding which lies in floodplain areas as designated in title 9 of this code, or which contains inadequate drainage facilities will be approved for occupancy in a subdivision, unless the subdivider agrees to make all necessary improvements and agrees to all required covenants which will, in the opinion of the village engineer, plan commission and board of trustees make such land safe for occupancy, and provide necessary safeguards for adjacent property which would be affected by the filling, grading, drainage or other changes being permitted or required for this subdivision." He said that if you walk the property, it is obviously floodplain and it is a jungle of swampy land. It would seem that the Plan Commission would have some responsibility to look at this. Some permanent fixes should be put in and they are looking out for the applicant as well as themselves. Village Engineer Durfey noted hat it was number 5 in his memo (page 5) in the case file. He did see the inlet on the site and it appeared that some water was flowing into it from a southerly direction, but he did not see any pipes. He presumed that there was an outlet pipe, but could not tell where things are or where they go until some investigation is done. Village Engineer Durfey noted that the item 4 in his memo is in regards to the survey received that incorrectly depicted the limits of the pond. Item. 6 in the memo also referred to the pond issues. Assistant Village Attorney Gosselar said that from a legal perspective the issue is to have enough information that it can be determined how Section 14- 3-3C.9 fits this situation and what the Village can reasonably require to be done as a result. Mr. Guinta said that when they received the review from the Village, they sent the information to their surveyor to do the investigative work for items 4 -6 in Village Engineer Durfey's memo; and they are having a very difficult time finding out where the piping goes so they need to do some more homework. At this point, they do not know and are attempting to address it and will continue to until they meet staff s requirements and staff is satisfied that they are handling the water properly. Mr. Guinta said that the surveyor has been to the site three times already and agreed that the Village Engineer is waiting to hear from the surveyor. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 13 May 14, 2007 Member Adrian questioned if the issue needs to be looked at more from a legal standpoint. Assistant Village Attorney Gosselar responded that it did not. It is an engineering matter as to how this requirement in the Subdivision Regulations is impacted by the facts, as will be discovered, based on Dale's memo and the determination of the topography and the status of the inlets. Village Engineer Durfey said that at this time there are a lot of questions. It may be a simple matter to fix or it may be a complicated and expensive matter; that is unknown. Member Adrian said that it appears more information is needed. Member Iyer agreed. Mr. Guinta said that they would do some more homework and resubmit it to the Village if they decide to move forward. It was agreed by the Plan Commission to continue the matter to the next meeting. If the applicant is not able to move forward at that time a written request to continue would be required. Member Lalmalani moved, seconded by Member Iyer to continue the matter to the next regular Plan Commission to allow the applicant time to resolve the engineering issues and provide additional information to clarify the problem. ROLL CALL VOTE: Ayes: 5 -- Members Adrian, Iyer, Lalmalani, Tropinski and Chairwoman Payovich Nays: 0 — None. Motion Carried. 5. B. DEERPATH WOODS —12 ACRES DEERPATH LAN OF VACANT D LOCATED SOUTH WOODS -FINAL OF 35t' STREET WEST OF ADAMS ROAD SOUTH AND EAST OF PLAT -F' E oT BREAKENR.IDGE FARM UBDIVISION — FINAL PLAT — FIVE -LOT SUBDIVISION Gail Polanek, Planning and Zoning Administrative Technician summarized the request. The Deerpath Woods preliminary plat was approved by the Village Board on January 23, 2007. The applicant has now submitted the application for final plat approval of the five -lot subdivision. Steve Norga.ard, attorney for the applicant briefly reviewed the request. He noted that there had been concerns with some residents regarding future access to Breakenridge Farm Road and they worked through the problems, which have been agreed to by the applicant and the Breakenridge Farm Subdivision owners. They are now seeking final plat approval. There are some engineering issues to be resolved VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 13 May 14, 2007 and are seeking approval of the plat subject to engineering approval. This will allow them to begin construction, during this construction season. Jon Green, Project Engineer, Engineering Resources reviewed the final plat and said that it was consistent with the approved preliminary plat. Each of the five parcels proposed meet the minimum 2 -acre requirement for the R -1 zoned property. The property is located on the west side of Adams Road south of 35th Street. Deerpath Court is the proposed private road, which is consistent with the preliminary plat and will be constructed to village standards, including pavement width, concrete curb, gutter and storm sewer to handle the site drainage. A subdivision entrance gateway has been added, including a gated entrance. Landscape and subdivision entrance plans have been submitted. They have augmented the shape and size of the entrance island. It is wider and longer to allow some additional landscape planting and trees to the entrance. This was also a condition of preliminary plat approval that the subdivision gateway be pushed back off Adams Road to provide some separation, which they have done. Community Development Director Kallien had commented on this issue in his Staff Report and they have provided a 50 -foot setback from Adams Road, which allows adequate room for vehicular stacking for those vehicles entering the subdivision. There have been some conditions on water main approval made by staff. There are portions of the existing water main being relocated. They have worked with Public Works Director Meranda and Village Engineer Durfey to relocate the water main within 15 feet of the new street. There was a concern on Lot 4 that some of the existing water main was located too far from the street, so they are proposing to relocate it at staff's request. The plans have been submitted for the sanitary sewer, which is within the jurisdiction of the Flagg Creek Reclamation District. They have tweaked the design of the two detention ponds on the property. The retaining walls as presented include the addition of some small retaining walls. They are not walls intended to crain in more water storage, but rather walls to add some intrigue and undulations to the detention pond. Many ponds are rectangular or linear; these contours are a bit more intriguing. They worked with a landscape consultant to put them together and some of the walls shown are actually built out of large stone outcroppings, which are limestone type products and not the traditional block wall. These present flattened plateaus and overlook areas for planting beds. The walls as proposed are for aesthetical features and enhancements to draw the eye to the ponds. They do not feel there will be any negative impact and the homeowners association will maintain the ponds, which is consistent with the maintenance of the private roadway and storm sewers. There will be adequate access and safety with the ponds, which will include a safety ledge constructed VILLAGE OF OAK BROOK May 14, 2007 Regular Plan Commission Minutes Page 5 of 13 y below the normal water surface and constructed consistent with the village code and standards. He reviewed and responded to the comments made in the May 9, 2007 Staff Report and Village Engineer Durfey's May 8, 2007 memorandum.. • Gate details relative to Adams Road -- provided on page 7 of the case file • Drafting Revisions -- will revise per Village Engineer Durfey • No vehicular access — will be added to the plat • The Proposed roadway is consistent with preliminary plat approval. • Tree Conservation Easement -- an arborist completed a detailed tree inventory of the property and there are many large trees. It is the developer's intent to create a tree preservation area on each of the properties. There are larger tree preservation easements on the rear and sides of some of the properties. It is intended that the homeowners association with covenants and restrictions established will govern them. • Tree Conservation Easement in the utility — was a stenographers error. The intent is to keep the tree and utility easements completely separate. • Gateway and Landscape plan — It was there understanding that the plan met the intent of the code. They may need to add details in regards to species and overlaying it on their CAD based engineering plan. They agree to conform to that request. • All other remaining items in the memorandum will be cornplied with and submitted as part of the normal review process. In summary, he said that the plan submitted is in substantial conformance with the preliminary plat and meets the village code. On the basis of timing, being the peak construction season and there is still the process of obtaining Village Board and permit application approvals (i.e., village, water, sewer), they requested approval of the plat conditioned upon the Village Engineer and staff approval. Village Engineer Durfey reviewed his memorandum dated May 8, 2007 on page 8- $.b of the case file. • Private street comments was to advise everyone that the private streets, included, private storm sewers and stormwater management facilities. • Tree Conservation easement — there is just mislabeling of some items and he is comfortable with that. • Landscape easement — was explained by the applicant and the right language will be used. • Waivers and variations was handled at the preliminary plat stage • Retaining walls was a concern at times with the village • Stormwater Items. He has not yet received comments from the stormwater consultant on the details and they are expected within approximately one week. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 13 May 14, 2007 ® Landscaping. A sketchy plan was received which lacks details and requires revisions. A lot of information is still required as stated by Mr. Careen. The Subdivision Regulations requires 40 -foot spacing with a minimum tree size. The Public Works Construction Standards lists acceptable species and that the locations are not near an underground utility. Attorney Gosselar questioned whether these reviews were part of a staff function rather than a Plan Commission review. Village Engineer Durfey responded that it is a typical staff review like everything else. On occasion, the Plan Commission has sometimes questioned tree species or other issues. ® Covenants, subdivision improvement agreement, subdivision security and miscellaneous. (F, G, H, and I) typically come later on when the plans and plat are fairly well developed and the final outcome can be seen, then the various legal agreements and documents can be finished. Chairwoman Payovich noted that there were not details provided on the retaining walls. Member Tropinski said that the property is not accessible to the general public and she would be satisfied that at the time of permit they comply with the Village's code requirements. The only concern would be with stormwater runoff and that would be based upon the Village Engineers approval. Member Iyer said that he also felt comfortable based upon the Village Engineers approval. Member Adrian and Member Lalmalani agreed. Member Adrian asked Village Engineer Durfey whether he was comfortable with the applicant's responses to the outstanding issues. Village Engineer Durfey said that he did not doubt that they would meet the Village Code, there had not been enough time to review the changes to see if they had. Attorney Norgaard said that they were ready, willing and able to comply with all requirements. Motion by Member Adrian, seconded by Member Iyer that the final plat is in substantial conformance with the approved preliminary plat and the applicant has satisfied the requirements of the Subdivision Regulations for approval of a Final Plat of Subdivision of the five lot subdivision to be known as Deerpath Woods and is subject to the following conditions: 1. All outstanding issues contained in Village Engineer Durfey's Memorandum dated May 8, 2007 on pages 8 -8.b of the case file, including the drafting VILLAGE OF OAK BROOK May 14, 2007 Regular Plan Commission Minutes Page 7 of 13 Y revisions and approval of the stormwater, gateway, landscape and pond design details. 2. Final Plat is subject to final Engineering approval. ROLL CALL VOTE: Ayes: 5 — Members Adrian, Iyer, Lalmalani, Trop inski and Chairwoman Payovich Nays: 0 — None. Motion Carried. S. C. BRITTWOOD CREEK -- 56 ACRES OF VACANT LAND LOCATED CRISEK SUB CrcEEK SUB — SOUTH OF 35th STREET WEST OF BREAKENRIDGE FARM MALT AT S1 DNISION AND EAST OF ROUTE 83 — FINAL PLAT — THIRTY -LOT SU13DIVISION SUBDIVISION Gail Polanek, Planning and Zoning Administrative Tecl- mician summarized the request. The Village Board approved the Brittwood Creek preliminary plat of subdivision on January 9, 2007. The approval reduced the number of lots to 30. The applicant has now submitted the application for final plat approval of the thirty - lot subdivision. Walter Morrissey, attorney for the applicant provided an overview of the request. A letter of review from the Forest Preserve District of DuPage County was received and made part of the case file. The property is 56.3 acres. The previous property owner conveyed a portion of the original parcel to the Oak Brook Farms. The approved ordinance provides for 11 lots to be zoned R -1, 2 -acre plus parcels and are located along the eastern perimeter of the property. There are 10 lots zoned R -2, 1 -acre plus lots along Route 83 and there are 9 lots in the interior that are zoned R -2, and are 1.4 to 1.5 acre in lot area. A secondary access has been added at 35 Street. The applicant is cooperating with the Village to seeking approval from IDOT to allow for an emergency access off of Route 83 onto 35th Street, which would be restricted to use only by police, fire and paramedic vehicles. There is a berm along the western boundary of the property. They will be seeking a variation in order to install an 8 -foot solid fence on top of the berm. The Village Engineer noted some changes in lots 5 and 6 that will be transferred to 2 properties in Breakenridge Farm. The lots remain conforming and are permissible transfers under the Plat Act. Dan Callaghan, developer and property owner, provided a review of the plat. He said that staff has noted in their reviews that the substance of what has been submitted adheres to all of the ordinances. There are some things that are still required, but he is very familiar with stormwater management and wetland requirements and has worked with Village Engineer Durfey in the past. They will complete the required declarations to cover the private streets, as well as storm VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page $ of 13 May 14, 2007 services and detention. The Subdivision Improvement Agreement will also be completed with staff review and approvals. The 30 -lot subdivision final plat as presented at this meeting is what was approved at the preliminary plat stage. Large conservation easement areas have been created. They have complied with the intent of the ordinance on the landscape plans. He does not cut corners with landscaping with what he tries to accomplish. The front entrance remains unchanged with the gates and the wall. The design on the gatehouse windows was changed somewhat. The biggest change made was to the western berm and the landscaping. He is seeking approval of a variation in order to construct a solid wood fence. He provided a sample of the material to be used on the fence. The color is earth tone and the material will not have a commercial effect, The original plan depicted a decorative retaining wall within the subdivision and the loop road. During the detailed review of the final plans, it appeared to be commercial looking. He requested that the engineers leave as much of the site alone as possible to prevent the loss of trees and so he had the engineers mass earth balanced the entire site. If he stayed with the original plan, he would have had to truck fill in for the berm, which could have totaled 1,000 semi -truck loads. Along areas of Route 83 there are 3 -4 foot high concrete walls with an 8 foot fence on top, which looks very nice even without landscaping in front of it. He has proposed instead of a very tall concrete wall, to use a similar sized concrete wall with a Trex fence on top. The Trex fence material is a 50 -year product. They would also agree to remove the fence, in the event that Route 83 would ever be widened. This fence will be set 3 feet inside of the subdivision property line. The revised design looks much more natural looking than the original and would better compliment the subdivision and will soften the look. Pictures of the view from Route 83 were also submitted to show the existing dense 50 feet of vegetation that will be in front of the fence. The existing vegetation will hide 60 -80% of the fence. The fence will serve as a sound barrier as well as a visual barrier to Route 83. Jon Green, Engineering Resource reviewed the stormwater aspects of the project. Final engineering plans and a final engineering stormwater management report have been submitted for review. It is consistent with the Village and DuPage County requirements. Some aesthetic adjustments were made to some of the ponds on the property. There are several ponds placed strategically throughout the subdivision that are consistent with the natural flow patterns of the property. It has been their goal to preserve as many of the natural features of the property, without doing any mass earthwork and saving many of the trees as possible. The ponds behind lots 11, 12 and 30 are known as the wetland mitigation ponds. Those ponds will have very small bounce in water levels and will be planted strategically with emergent plantings consistent with the Army Core and County requirements. The developer has shown compliance with mitigation requirements on other projects in town. A couple of ponds on the property do have retaining walls on them; there was a staff concern during the preliminary process that some of the walls were a bit tall. Some VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 13 May 14, 2007 revisions were made to the wall scheme and height (3 1/2 feet at their tallest point). The location of the retaining walls is just on the outside of the creek side by the ponds behind lots 4, 5, 7 and 8. There is quite a bit of terrain and natural fall off, some around 15 -20 feet from front to rear. They are doing what they can to preserve the pad sites natural features. They are preserving the existing wetlands and there will be no impact on the floodplain areas. They have proposed a conservation wetland buffer between 25 -50 feet from the wetlands. The retaining walls are needed to absorb grade and to preserve the buffer and natural features as a buffer to the existing property east of the subdivision. The stor-mwater release rate conforms to the Village Code. The proposed project will substantially reduce the runoff of the 100 -year peak event from its current condition. All ponds will be aesthetically pleasing. Matt Thumm, Ives, Ryan & Associates, summarized the landscape plans, There are roughly 900 trees for 30 lots, which is about 30 trees per lot, which there are not many that meet that kind of a standard. In addition to the landscape buffer, there are evergreen screens along Route 83 along with under plantings. There will be deciduous trees along the ring road along with ornamental grasses and perennials. They are trying to convey a rustic country estate image as you enter and throughout the development. Complying with DuPage County requirements along the creek area there are a number of mitigation trees being added as well. They will be doing repairing and enhancement along the area to improve the woodlands, in addition to saving a lot of the trees for the residents benefit. There will be natural plantings and prairie areas. Mr. Morrissey said that there were several changes to the preliminary plat when it was before the Plan Commission. He noted that the plat of subdivision has some notes in the upper hand corner that memorializes the agreement that was reached with the neighbors. An easement agreement was entered into with Mr. Vendel, Oak Brook Farms. Outlot V was not part of the preliminary plan; it will be open space in perpetuity, and as long as Mr. Vendel or his heirs are operating the farm there is the opportunity for the users of the services of the facility to graze horses and use it for transit. A covenant was recorded against the entire 56 acres that guarantees that the subdivision will have no more than 30 lots and provides that the lots cannot be resubdivided into smaller lots at a fixture date, by a future owner or future board. The covenant also provides that there is a no access provision to Breakenridge Farm Road. Chairwoman Payovich asked for a consensus among the Commissioners on how to proceed with the plat review. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 13 May 14, 2007 Member Tropinski said that she would like more time to review it for the stonnwater detention and runoff She also would like more information on the ponds that occur in wetlands and floodplain. There is an ingress easement and the pond and can it be safely accessed. Mr. Green responded that final engineering plans have been submitted as a supplement to the final plat. Those plans along with detailed landscape plans specify where the wetland plantings are. The plans also describe the floodplain limits on the topographic maps. They area limited to the Bronswood area of the property. Member Lalmalani questioned Village Engineer Durfey regarding the ponds not meeting the Public Works Standards. Village Engineer Durfey responded that the engineering plans had some typical cross sections for the lakes and ponds. When he initially perused them, he noticed that they did not match the typical detention and cross section in the Public Works Standards or a vegetated ecological planted area. They are not ready to conclude anything at this point. Mr. Green said that the proposed detention pond section is kind of a hybrid of a natural style wetland type basin and a village standard basin. In keeping with the rural character of the project and keeping the pond section somewhat consistent with Village, they believe that it can be worked out to the satisfaction of the Village staff as part of the engineering review. Mr. Callaghan said that the ponds at Forest Gate as well as some other ponds in the Village do not always fit in the square box. The stormwater management, wetlands, and ponds have all been engineered per the Village and DuPage County Stormwater Management Ordinance. They are quite similar to Forest Gate. There will be sod going to the waters edge and there will be (approximately one and one -half foot below the water surface), an 8 -foot wide safety shelf, so that if anyone would fall into the pond, there is a safety so that someone could stand up on it to come out. The concern for safety is even better than Forest Gate because there is a 3 to 1 slope coming out of the water; these ponds are 4 to 1, which is a significant difference. There is a more gradual slope on these ponds. They have discussed and agreed regarding the slopes coming out of the pond. They have not had a lot of time to review it with Dale. He feels confident that they will work this out as well. Member Adrian questioned the proposed wall by Route 83. Mr. Callaghan said that the eight -foot fence goes on top of the four -foot wall, so there would be a total of about 12 feet. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 13 May 14, 2007 Assistant Village Attorney Gosselar questioned the waiver for the street light system and noted that it would have to include it in the recommendation. Mr. Callaghan said that the street light standard for the village is appropriate for Jorie Blvd., but not for a subdivision. The style chosen for the proposed streetlights is almost the style as the street signs that are in the village, which includes the decorative cast iron post and compliments the environment of the subdivision, rather than the village standard square box and pole. Chairwoman Payovich said that the concern is the length and number of issues raised in Village Engineer Durfey's memorandum and would like a report from him that the majority of these things had been taken care of Member Iyer said that although many are minor in nature there are a number of issues that are unclear. Chairwoman Payovich was concerned with the unresolved stormwater issues and although the developer is not at fault; but rather it is a complex matter and staff has not had sufficient time to review it. Member Adrian said that he believes everything presented are things that can be addressed by the Village Engineer, but would like to receive a report from Dale that many of the issues are addressed because he felt that the Plan Commission has that responsibility; the project looks like it will be wonderful. Member Lamalani agreed. Mr. Callaghan noted that the pond details were on sheets, 5, 6, and 7 of the engineering plans, shows the streets, the location of the ponds the 2 to 1 slopes and the safety shelf in the pond. Ms. Polanek said that the sheets with the details could be emailed to the Plan Commission for review and the members agreed. Mr. Callaghan noted that there is a horse riding trail easement added on the, property. For the past 18 years, Mr. Gothard allowed Mr. Vendel to use property to ride the horses. In the homeowner declaration, they will provide the right for the homeowners association to allow them to enter into a yearly license agreement with Mr. Vendel as to its use. He would be required to do daily maintenance e rov drug manure, which is required under the county ordinance, p insurance to the homeowner association. The actual cost of construction and the annual cost to continue the structural integrity of the trail will reside with the homeowners association. For the first three years, the lease will cost Mr. Vendel, one dollar. Village Engineer Durfey questioned whether the proposed structure on top of the berm is a fence or a noise wall. There are no provisions in the ordinance for noise walls, just fences. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 13 May 14, 2007 0 7 Mr. Morrissey responded that they are looking at it as a solid fence rather than a chain link fence, because it is the most appropriate way to be contiguous and follow the intent of the ordinance. The fence will have the ability to mitigate sound, but they are not making a representation to that. Motion by Member Adrian, seconded by Member Iyer to continue the hearing on the Brittwood final plat to the next regular meeting and the applicant is to address the issues in Village Engineer Durfey's memorandum ROLL CALL VOTE: Ayes: S --- Members Adrian, Iyer, Lalmalani, Tropinski and Chairwoman Payovich Nays: 0 — None. Motion Carried. OTHER BUSINESS There was no other business to discuss. ADJOU]L2NMENT: Motion by Member Lalmalani, seconded by Member Adrian to adjourn the meeting at 9:41 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Ka11i Direct ommunity Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 13 May 14, 2007 OTHER BUSINESS ADJOURNMENT