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Minutes - 06/01/2004 - Plan CommissionMINUTES OF THE JUNE 1, 2004 SPECIAL MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 21, 2004. 1. CALL TO ORDER: CALL TO ORDER The Special 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 6:45 p.m. 2. ROLL CALL: 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: Stelios Aktipis, Trustee, Robert L. Kallien, Director of Community Development, Dale L. Durfey, Village Engineer, and Kenneth Kubiesa, Village Attorney 3. UNFINISHED BUSINESS UNFINISHED BUSINESS A. KANAN COURT SUBDIVISION — f/k/a MIDWEST COURT SUBDIVISION — KANAN COURT 3308 MIDWEST ROAD — FINAL PLAT OF SUBDIVISION — VARIATIONS MIDWEISION- ID \BEST ROAD - - TO THE FOLLOWING SECTIONS OF THE SUBDIVISION REGULATIONS FINAL PLAT WITH — SECTION 14 -6 -3E• SECTION 14 -6 -31)• SECTION 14 -6 -3F; and SECTION VARIATIONS- 4- LOT SUBDIVISION 14- 6- 3A -2.c Director of Community Development Kallien said that this is a 2.6 -acre tract of vacant land on Midwest Road, zoned R -3 and the applicant is seeking a subdivision into four lots. There have been a number of meetings on several issues and there is a lot of information contained in the case file that should answer all questions raised at the last meeting. Relative to subdivisions, the relevant rule of law is the application of the Village Zoning Ordinance as well as the Subdivision Regulations. A. Do the lots meet the minimum lot sizes as required in the Zoning Ordinance? B. Are the lots designed according to code in terms of providing access, utilities, and so forth? There are many ways that subdivisions can be designed, but with all the issues at hand, it appears that the applicant has given his best effort toward addressing all the requirements of the Zoning Ordinance and Subdivision Regulations as well as the existing conditions of the area. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 1 of 9 June 1, 2004 17uz= John Brechin, Attorney for the applicant, Mehul Shah owner of the property, said that they have satisfied the landscape issues and discussed the various variation requests at the last meeting, which are summarized in Director of Community Development Kallien's memo in the case file under points, 15, 16 and 17. They have submitted sufficient evidence regarding those factors for the granting of the requested relief. This matter was continued to review a revised landscape plan, which has been provided on page 23 of the case file. The additional issue was clarification of the status of the easement over the north 10 -feet of Lot 160 in the Midwest Club. He said that Village Engineer Durfey has concluded that it is a public utility easement, which can be utilized. They received correspondence today from the Hinsdale Sanitary District noting that the use of that easement for the installation of a public sewer is appropriate and there is no reasonable alternative route. There is no question that they have the right to use the easement in question for the installation of the sewer, which will be owned by the Hinsdale Sanitary District. He did attend the Midwest Club Homeowner's Association meeting last week and reviewed this proposal with them. He said that if Dr. Jain had any concerns he should contact him. However, as of this moment they have received no communication from Dr. Jain regarding any of his concerns and cannot speculate what those might be. They are prepared to move forward and are seeking the Plan Commission's favorable recommendation this evening. If there are any concerns that the neighboring property owner may have, there is still ample opportunity to address those. The applicant is under "a crunch time" and would like to proceed so that the Village Board could thoroughly review their request and hopefully approve it so that construction could be started this season. Chairwoman Payovich offered Dr. Jain and those on behalf of the Midwest Club an opportunity to present any information. Dr. Ed Jain, owner of the property known as Lot 160 (1708) Midwest Club, said that that he has hired an attorney, who was only available this morning. A letter was sent from the attorney to Mr. Kallien this afternoon stating that he needs some time to study the issue and they would like the Plan Commission to agree to a continuance. Director of Community Development Kallien said that he did speak with the attorney this morning and had been asked what alternatives there were in this matter. The attorney was advised that if he could not attend the meeting, the only way he could communicate would be to draft a letter, which is included in the file. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 2 of 9 June 1, 2004 Mr. Gary Evans, Attorney for the Midwest Club said that a meeting had been held with the Midwest Club board. One of the issues raised, which were discussed with the engineer of the Midwest Club, was a concern that he did not think there would be enough space so that the pipe could be laid within the 10 -foot easement. He said that he would like to speak to Dr. Jain's lawyer to see what he wishes to do. Also, he would like a chance to speak with Dr. Jain's lawyer along with Mr. Brechin to see if the issue could be resolved. Because Dr. Jain's lawyer has not gotten involved at this point, he is handicapped in his approach to the Commission. Chairwoman Payovich asked if the Midwest Club engineer had sent a letter to the Village Engineer regarding his position. Mr. Evans responded that he did not. Member Adrian commented that a letter was received from the Hinsdale Sanitary District stating that access to the easement is fully acceptable to them. Director of Community Development Kallien said that Dr. Jain owns the property, but the Hinsdale Sanitary District, through the easement language, has the right to utilize it for their facilities. Mr. Evans responded that the letter seems to say that the pipe could go in there, but the issue is whether the pipe can be installed within the bounds of thel0 -foot easement. There is an easement, but can it be installed within those 10 -feet. Their engineer told them that the pipe has to be sunk very deep, so the question is whether it can be installed within the 10 feet. Village Engineer Durfey said that there is a 10 -foot wide easement, how it is built would be up to the particular contractor. He has not reviewed that question and could not give a final answer on the build ability. Chairwoman Payovich asked if it would be a standard installation, such as others done in the Village. Village Engineer Durfey responded that it would be tight. Mr. Brechin commented that the machine that would be doing the trenching is 6 feet wide. So there is room in a 10 -foot easement for the machine to fit. John Greene, Engineering Resource Associates said that he developed the design plans in the surveying for this project. He said that typically you would like to have more than 10 feet, and the reason would be so that you VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 3 of 9 June 1, 2004 could store your trench materials immediately next to the sewer trench being constructed. The trenching technique they would be doing here would be more labor intensive, because they would trench with the machine and actually store the stockpile back onto their property. The machine will go in 5 feet at a time, take a bucket full of excavation and bring it back out to the Midwest Road right -of -way and then store it onto their property. They realize that it will be more costly and labor intensive, but they have talked with contractors that actually do site utility work and they are prepared to do the work. Member Goel asked how deep the trench would be to make the connection. Mr. Greene responded that at the point of connection it is approximately 7- '/2 feet and at the Midwest Road right -of -way where the easement begins is only 6 feet deep. Member Wolin asked what the requirements to restore the property were. Village Engineer Durfey said that the applicant has apparently stated that they fully intend to restore it, as reasonably close to what was there as possible. Knowing that you cannot replace it exactly in kind, but it is his understanding that they would do it as reasonably as close as possible. Chairwoman Payovich asked the applicant what they intend to do, if it is approved. Mr. Brechin responded that, as he understands the Village's requirements, which first of all, in an easement, if you plant materials there you do so at your own risk, that may be the case here. There certainly is landscaping in the easement as is noted in the pictures in the file. Some of the landscape material that is on the property is not an approved landscape material per the Village code. Buckthorn, among other things, is not a recommended planting species. If the buckthorn were damaged, the Village would not give them permission to reinstall it. He also questioned whether the Village would want them to install additional landscaping within an easement. They have not heard anything from Dr. Jain as to what his concerns are regarding this issue, but clearly he has property outside of the easement within which could be utilized for installation of landscaping. His understanding of the Village Code is that they must restore the property so that grass grows over it by the time they are finished and the grade is level and they are prepared to do that, as well as whatever other requirements the Village might have. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 4 of 9 June 1, 2004 -�t Village Engineer Durfey said that referring to the actual easement grant, which is part of the Midwest Club Phase 2 Subdivision in 1978, it talks about no permanent buildings or trees shall be placed on the easement. If used for gardens, shrubs, landscaping or other purposes that do not then or later interfere with the uses or rights of the utilities within the easement. In 1978 that was the language and conditions of that easement and those still exist today. The Village Board, sometime later, removed the word trees from the language. In 1978 trees were a prohibition in easements, now they are not a prohibition, but everything else has remained the same in the Code. Member Wolin commented that the Village Attorney has reviewed it and from a legal standpoint the easement is entirely usable. Dr. Jain's attorney has asked for a postponement, and he may have doubts on the legal right to use it. Based on our information, the Commission would have to vote in favor of the subdivision. However, in case Dr. Jain's attorney does find some reason that it cannot be used, would he have an opportunity to bring up that objection before the Village Board? Director of Community Development Kallien responded, absolutely Mr. Evans said that if the easement were found to be proper, and looking at the Midwest Club fence it would seem that if the easement were moved up about 10 feet it would avoid the developer having to deal with the Midwest Club fence and may relieve some issues for landscaping, although he cannot speak for Dr. Jain. It may help to resolve the issue. Mr. Brechin said that Mr. Evans was referring to a relocation of the easement because it currently exists over the north 10 feet of Lot 160. He is suggesting moving the easement off the south 10 feet of the north 20 feet, if that is the proposal, it has not been made to the applicant. They cannot insist upon or demand that because Dr. Jain is the property owner. However, they would consider that or any other reasonable alternative provided their timeframes are not interrupted. This perceived problem has been in existence since the last meeting, and as of today, they have not heard anything from Mr. Jain other than a request to delay. He does not think that is reasonable under these circumstances. Mr. Jain said that he finds it appalling that it is his property that would be torn up and he is not given proper representation. He has hired an attorney that wants to look at the issue and everyone here wants to tear up his property without the right of being represented. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 5 of 9 June 1, 2004 �r Chairwoman Payovich thanked him for his comments, but said that in defense of the Village staff, notification was sent to everyone involved and they are very good at that. It is unfortunate that apparently the information got lost to all the people involved in this issue. They have gone through the trouble and the time from all the Commissioners and the staff to schedule this special meeting so that meetings could take place to try to resolve these issues. They are trying to work with the residents and the applicants so these things can be done well. Member Goel said that as a resident he is very sympathetic to the residents, if their rights cannot be protected, the Commission is not doing their job. However, the evidence is so overwhelming from the Village Attorney and the Hinsdale Sanitary District that it would be very difficult to make any other decision, than to vote on this. He would like to see the rights of Dr. Jain to be represented by an attorney at the Village Board level. Chairwoman Payovich said that Dr. Jain has that right. If this moves forward there will be time to meet with the applicant. The doors are not closed, but the Commission needs to move ahead because there are parameters given to make a decision, yet keeping the doors open to Dr. Jain. The applicant is also a resident and they need to talk to each other. Dr. Jain said that his attorney could not be here because of lack of time due to the holiday. His attorney told him that if a decision were made without proper representation it would be a violation of his rights. Village Attorney Kubiesa said that it is up to the Board to decide whether or not they want to continue the matter. From a legal standpoint there is no requirement that the board continue the matter so that Dr. Jain can have counsel, legally they do not have to. Member Goel asked what happens if the pipe could not be laid in the easement. Mr. Greene responded that any trenches over 4 to 5 feet deep require trench stabilization or trench boxes, that allows steel braces to hold the trench walls up to allow adequate room for the back hoe and end loader to excavate downward 7'/2 feet to place the pipe. Typically the trench boxes are 4'/2 to 5 feet wide centered in a 10 -foot easement. The tractor that would be used to construct the pipeline would have an approximate 6 -foot wide wheelbase. He believes there is adequate room making sure that they stay within the 10 -foot easement. Member Wolin asked when the matter would go to the Village Board. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 6 of 9 June 1, 2004 Director of Community Development Kallien responded that the matter was continued to allow the opportunity for the applicant and homeowners to meet last week, so that if everything could be completed it would go to the Village Board on June 8, 2004. The Village Board has a two -step process. The first step is to approve the concept and authorize the Village Attorney to approve a resolution of the subdivision and the following meeting on June 22, 2004 would consummate it. Member Wolin said that if Dr. Jain's attorney finds there is an issue he has two opportunities to bring them to the Village Board. Based on what the Commission knows at this time the developer has a right to use the easement and do not anticipate there is an issue. Village Attorney Kubiesa said that was correct. He added that the use of the easement is not really an issue before the Plan Commission; it is an issue between the property owners involved. Member Bulin noted on the revised landscape plan on page 23 of the case file there are two less 12 -foot lantern light standards than on the previous plan. Mr. Oddo responded that it must have been a typo and the lantern lights will be provided in the same location as shown on page 13 of the case file. Members Bulin and Goel asked if possible for the applicant to consider increasing the caliper of the parkway trees. Motion by Member Wolin, seconded by Member Tropinski that the Plan Commission recommends approval of the request from Mr. Mehul Shah, the owner of the 2.6 acre parcel located at 3308 Midwest Road, for a four - lot subdivision. In making the recommendation, the Commission finds that: 1. The subject property is zoned R -3 Single - Family Residence District in the Village. 2. The applicant has proposed four lots, each meeting the 25,000 square foot minimum lot size required under the R -3 zoning. 3. The applicant has proposed a single private access road from Midwest Road to the four lots. 4. The Midwest Road access has been granted approval by the DuPage County Division of Transportation with conditions as set forth on page 19 of the case file. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 7 of 9 June 1, 2004 5. Included in the approval from DuPage County is that the existing retaining wall on the subject property that is located within the right -of -way of Midwest Road must be removed. 6. The proposed bike path to run along the west side of Midwest Road on the subject property will be relocated by the applicant. 7. A private access road will be constructed according to Village standards including the 60 -foot radius requirement. 8. The proposed cu -de -sac radius will be adequately sized to comply with the Oak Brook Fire Department requirements. 9. The applicant has proposed a subdivision gateway and gate at the entrance to the subdivision. Both of these features will be modified to address concerns and issues raised by the Plan Commission and staff. 10. The applicant has agreed to address the intent of the proposed tree preservation issue in the revised landscape plan on page 23 of the case file. 11. The applicant has identified a number of locations to connect to the Hinsdale Sanitary Sewer service. 12. The applicant has determined through consultation with Village staff and the Hinsdale Sanitary District that sanitary sewer service will be provided to the site from an existing public utility easement existing on the north 10 feet of Lot 160 in the Midwest Club Subdivision. 13. The language for the public utility easement on Lot 160 in the Midwest Club has been reviewed by the Village Engineer and Village Attorney concurring that it can be used by the Hinsdale Sanitary District to provide a sanitary sewer to the subject property. 14. The applicant has offered to reasonably restore the public utility easement on Lot 160 as well as any other damage that may occur on private property to the existing landscape condition. 15. The applicant's request to waive the requirement for public sidewalk adjacent to a public street per Section 14- 6 -3(E) is deemed reasonable due to the applicant's offer to relocate the existing pathway. 16. The applicant's request to waive the requirement for streetlights per Section 14- 6 -3(F) is deemed reasonable based on testimony provided by the applicant and a review of current and expected conditions with the lighting as proposed on page 13 of the case file. VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 8 of 9 June 1, 2004 17. The applicant's request to waive the requirement for storm sewers in the rear yards per Section 14- 6 -3(D) is deemed reasonable based on testimony provided by the applicant. 18. The applicant's request to waive the 60 -foot cu -de -sac radius has been withdrawn. 19. The applicant is to address all comments contained in Village Engineer Durfey's memorandum dated May 13, 2004 on page 15- 15.b of the case file, including final engineering approval. ROLL CALL VOTE: Ayes: 6 — Members Adrian, Bulin, Goel, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 1 — Member Braune. Motion Carried Chairwoman Payovich noted that the Plan Commission would expect Mr. Shah and Dr. Jain to work together on their issues prior to the Village Board meeting. 4. ADJOURNMENT: ADJOURMENT Motion by Member Wolin, seconded by Member Goel to adjourn the meeting at 7:30 p.m. ATTEST: Robert Kallien, Dire or of ommunity Development Secretary VILLAGE OF OAK BROOK Special Plan Commission Minutes Page 9 of 9 June 1, 2004