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Minutes - 06/18/2007 - Plan CommissionMINUTES OF THE JUNE 18, 2007 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON AUGUST 20, 2007 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Plan Commission was called to order by Chairwoman Payovich in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members, Raju Iyer, Gopal Lalmalani and Marcia Tropinski ABSENT: Member Adrian IN ATTENDANCE: Trustee Gerald Wolin, Robert L. Kallien, Jr., Director of Community Development and Dale Durfey Jr., Village Engineer. 3. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF MAY 14, 2007 Motion by Member Iyer, seconded by Member Lalmalani to approve the minutes of the May 14, 2007 Regular Plan Commission Meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS BUSINISI-Ir;D BUSINESS Chairwoman Payovich noted that the applicant for White Oak Meadows at 3101 White Oak Lane had requested for a continuance of its hearing in writing to the July 16, 2007 meeting so it was removed from the agenda. 4. A. BRITTWOOD CREEK — 56 ACRES OF VACANT LAND LOCATED BRITTWOOD CREEK SUB STREET - SOUTH OF 3535t' EET WEST OF BREAKENRIDGE FARM FINAL PLAT - i THIRTY -LOT SUBDIVISION AND EAST OF ROUTE 83 — FINAL PLAT — THIRTY -LOT SUBDIVISION SUBDIVISION Walter Morrissey, attorney for the applicant reviewed the progress since the last Plan Commission meeting. They had several meetings with staff and believe that they have substantially met the concerns that were expressed at the last meeting regarding some of the engineering questions. He summarized some of the items covered at that meeting. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 13 June 18, 2007 ■ They are seeking a waiver of the street lighting system • They described a Trex wood fence that they would be installed on top of the concrete berm and have filed an application seeking a variation for it. a They talked about the boundary changes along the northeast corner. • They described the covenant running with the land restricts the number of homes on this parcel to 30. ■ They reviewed the easement that was provided to the owner of Oak Brook Farms, which is on the adjacent property located at the northeast corner known as Out Lot V that can be used for the purposes of access for horses and grazing. They believe that they have satisfied the concerns raised in the engineering review. Dan Callaghan, developer and property owner, said that they have had several meetings with the Village Engineer and another meeting scheduled this week. There was a concern raised about the buffer area and the impact of the wetlands, which is about six- inches wide along the creek bed. He has had wetlands on 3 of his other developments, including Forest Gate and said that an impact is usually considered when it is interrupted by housing and improvements to housing. There are detention areas and ponds that are adjoining the buffer area. The buffer area does not currently exist for any of the homes downstream, which cuts into 35th Street before it goes into the Fullersburg Woods area. Their engineer is confident that this plan will be approved. They have approximately .8 acre of wetlands on the property. They are mitigating it at 2 to 1 and in addition are providing enough buffer area, which turns .8 acres into over 3 acres of area. There is a substantial benefit to the environment so the mitigation they are providing should not be a concern. There was a concern that without proper planning the grading would cause trees to be taken down. He proposed to raise the streets up from existing grade in this development, which eliminates the need to remove the fill from the streets. There is also fill from the ponds and detention area, so raising the streets allows the dirt from those areas to go into the street. This also prevents approximately 1900 truckloads of dirt (which equates to approximately 10 truckloads per hour for a month ). He agreed to be a minimalist in order to minimize as much impact on the community and on this property as best possible, and he has kept that commitment. The case file includes pictures of houses in different subdivisions in Oak Brook. Step foundations and retaining walls can assist in the saving of trees. The building pads have already been designed for the houses and the typical pad is 10,000 - 12,000 square feet (2 acre lots), which also typically have a minimum of 220 -foot front yard widths. He is confident that they will be able to and want to save the trees. Although many people thought that many trees were taken down at Forest Gate, I there were over 500 augured holes left on the site where the previous owners had removed the quality trees to another location. Paul Butler's brother farmed the property until 1976. The majority of the trees left on the property were seedling VILLAGE OF OAK BROOK June 18, 2007 Regular Plan Commission Minutes Page 2 of 13 i weed trees. The trees on Forest Gate are now significant quality trees and abundantly more so than what existed when the site was purchased. He intends to carry that philosophy into Brittwood Creek. He designed his own home around a 200 -year old oak tree, which has a 2 -1/2 foot retaining wall for about 80 feet. People that purchase these lots would be able to value engineer the site to preserve as many trees as possible. He is a forward thinker, will improve the area, not diminish it, and is looking to raise values. Mr. Morrissey said that the property is designed to have eleven R -1 lots (2 -acre plus lots), ten R -2 lots (1 -acre lots) that abut Route 83, and nine R -2 lots (1.4 to 1.6 acres) that are located in the middle of the parcel. They have attempted the issue presented by staff. Village Engineer Durfey said that he met with the applicant on several occasions and they have another meeting set for June 19. It is a complicated subdivision and so far, no major issues have arisen. The consultant is still looking at the riparian environments and he did not anticipate any issues. If there would be any, he was hopeful they would be mitigated in some fashion. Nothing has come up that would be a problem at this time. He mentioned the height of the road in the memorandum because it is something different. The roads are being filled versus being cut in. The use of the retaining walls as described by Mr. Callaghan will help to mitigate some of the tree loss. The changes proposed to the grading of the roads would not violate any Codes. No one in the audience spoke in support of or in opposition to the request. Member Tropinski questioned Village Engineer Durfey on the number of items that were noted in his May 14, 2007 memorandum and where they stood now. Village Engineer Durfey responded that they are being addressed. It is a long process to go through all of the comments and plans. Member Tropinski commented that she believed the trees can be preserved very well with retaining wails and was in favor of not hauling the dirt, off the site, just for energy conservation purposes. Member Iyer agreed with Member Tropinski's comments and that Dale has answered the questions with regards to the issues on the review. Village Engineer Durfey said that they will continue with the review and if something major would come up, it would be placed before the Village Board. Director of Community Development Kallien commented that the letter from the Forest Preserve District was addressed to Village Engineer Durfey and was in VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 13 June 18, 2007 regards to the retaining wall and fence along the property. Village Engineer Durfey said that the original retaining wall is in the same location as before, and the Forest Preserve District did not have a problem with it prior to this, so at this point in time, he is not quite sure what it means. Mr. Morrissey said that they received a copy of the notice this afternoon and two issues were raised regarding the stormwater drainage off the wall westward onto their property and the amount of separation/space of the wall to the FPDDC The location of the retaining boundary line. Th g wall is the same as it was when the project first started. The only issue that has changed is that the 6 -foot high chain link fence allowed would dilute the quality of the subdivision, which is why they are seeking a variation through the Zoning Board of Appeals. Mr. Callaghan said that a letter was sent from the Forest Preserve District on May 14, 2007 that stated the planned wall would not impact the district in any way. The concrete wall will be 4 feet high and 3 feet away from their property line. The statement assumes that the wall will be using a spread footing, which would require 5 -feet, is incorrect. The footing is going to be a monolific poured wall, which is 12- 14 -inch wide poured wall. They will use an oversized trencher that will dig 4 feet below the grade and the tires will be a foot away froze the Forest Preserve District property, which would be staked by the engineer. The dirt will go onto his property. The forms will go up and they will never go onto Forest Preserve District property. A boundary fence has been installed at least 6- inches upon his property. He fully understands the impact of any damage on the forest preserve property. Jon Green, Engineering Resource Associates, Civil Engineer and Land Surveyor for the project said that there has been a study of the grading plans of the 50 -foot forest preserve buffer along Route 83 and about 80% of the forest preserve property drains west toward the Route 83 public ROW ditch or to the north or south. There is one pocket of land that actually drains east towards the subdivision. In that location, they have strategically located a drainage inlet in front of lot 23 with an oversized pipe. It lines up just north of the existing 18 -inch culvert under Route 83. A drainage study was done and an analysis of incoming stormwater drainage into the subdivision from the west and they are confident that they are not causing any kind of drainage problems and will convey the water in an acceptable fashion suitable to local and county ordinance. Chairwoman Payovich asked Village Engineer Durfey if the Forest Preserve District will relay comments to him regarding that particular issue that would be acceptable and he agreed. Chairwoman Payovich introduced the new Plan Commission Trustee Liaison Gerald Wolin and welcomed him. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 13 June 18, 2007 Trustee Wolin said that being a developer is hard work and that they have come a long way in this process. They not only answered the objections of the Plan Commission, but also to the residents in the area. He is confident that it will be a great development. Member Lalmalani asked if there was an update to the access issue on Route 83. Mr. Morrissey responded that the access issue off Route 83 would be limited to police, fire and paramedic vehicles. There has been conversation with IDOT and DuPage County, but it is an action that has to be initiated by the Village. Mr. Callaghan is a private owner and cannot initiate it. The village has been asked to cooperate with them in their endeavors to convince them that it would be beneficial to the residents of the subdivision to have that emergency access. Village Engineer Durfey said that the developer is going to draft a letter and after he reviews and revises it if necessary, will send it to IDOT on Village letterhead. IDOT prefers to deal with a municipality versus a developer. It is being coordinated with the applicant and hopefully, will be accomplished. Motion by Member Tropinski, seconded by Member Lalmalani 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 thirty lot subdivision to be known as Brittwood Creek and is subject to the following conditions: 1. Recommend approval of the waiver to the street lighting system 2. Recommend approval of the proposed grading on the site 3. Recommend no vehicular no access onto 351h Street, with the exception of emergency vehicles. 4. The revision of the fence and wall style and height is subject to the approval of the variation. 5. All outstanding issues contained in Village Engineer Durfey's Memorandums dated June 13, 2007 on page 16 and May 8, 2007 on pages 8- 8.b of the case file, including the drafting revisions and approval of the stormwater, water main, gateway, landscape retaining walls and pond design details. 6. Final Plat is subject to final Engineering approval. ROLL CALL VOTE: Ayes: 5 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 1 -- Member Adrian Nays: 0 — None. Motion Carried. VILLAGE OF OAK BROOK. June 18, 2007 Regular Plan Commission Minutes Page 5 of 13 NEW BUSINESS 5. NEW BUSINESS A. OAK BROOK PARK DISTRICT — 115 CANTERBERRY LANE — MAP OAK BROOK PARK DIST - 115 AMENDMENT TO REZONE THE 40 -ACRE PARCEL FROM R -1 TO CR CANTERBERRY LANE - MAP AND SPECIAL USE TO USE THE PARCEL AS AN EDUCATIONAL SITE AMEND R -1 to CR WITH GARDENS FISHING PIERS ADA ACCESSIBLE PATHWAYS AND and SPECIAL USE - hDUCATIONAL OTHER LAND IMPROVEMENTS SITE Director of Community Development Kallien summarized the request. The property is located east of York Road on the south side of Canterberry. It is approximately a 40 -acre parcel of property that was previously known as the Dean property. The Oak Brook Park District acquired the land several years ago and is now there intention to utilize the property beyond its current open space. The request involves a map amendment from R -1 to CR to make it consistent with their other properties as well as doing some limited site improvements. Tom Truedson, resident and Commissioner on the Oak Brook Park District, along with several other commissioners thanked the Commission for reviewing their plan. They are excited to bring this to the Village of Oak Brook. Dorothy Dean provided one of the biggest gifts that someone could bring to the community and she wanted to ensure that this property would not be developed and that it would be ushered into a future that people and animals could co -exist together and enjoy nature in its fullest sense. She was fully aware of the value of the property and trusted the Park District and the Conservancy organization. He is the Chainnan of the Park District and was one of the reasons that he ran for the Park District in order to move this plan forward. He grew up on Canterberry and knew Dorothy Dean since the 1960's. She owned the property back into the 1940's and he spoke to her many times over the years. When she donated the property in the mid 1990's they discussed what her objectives were and how it would come to fruition. They created a video about 7 -8 years ago with Dorothy about her visions for the property. The whole purpose was to get it into an archive to memorialize exactly what she wanted done with the property, so that years from now when there are other boards, members and entities they will know. They are bringing forward what Dorothy wanted in this application. It is very low impact and is designed around and with people, but people with animals to enjoy her property together in a very tranquil environment. There can never be any volleyball, baseball or any sort of similar activity program. Stan Motley, Executive Director for the Park District noted that comments were received from Village Engineer Durfey regarding the parking. Based on that they are doubling the size of the parking. He is also the caretaker of the property and lives there. He sees people coming and going every day and weekend and the cars that come and go. They are going to maintain a natural prairie. They received a grant from the Illinois Dept of Natural Resources in the amount of $500,000 that is VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 13 June 18, 2007 ola 7 helping to achieve what has been presented. It will be a basic park. It will have shelters, hiking and ADA accessible trails, fishing piers on the pond; they are working with the Salt Creek Association to put in a canoe launch on Salt Creek. They are fortunate to have wetlands on the site so that people will be able to hike the site and see numerous educational exhibits. It will be as it was back in the late 1800 and early 1900's and they are very excited about it. John Donaker, resident of Hinsdale has lived 15 years in the Graue Mill Condominiums and said that fortunately their townhouse looks out onto the property. He raised several issues. ■ Some of what is being proposed is duplicative of what the Forest Preserve District and Lyman Woods is doing already and seems to be a waste of resources to duplicate anything that is already being done that close to home. • The issue of canoe launches on Salt Creek -- the water is filthy and very shallow and has not been maintained at all in terms of cleanup. He questioned whether it would be a wise policy matter for the Park District to encourage people to put canoes in that area of the creek. ■ The residential properties are adjacent to the Dean property. The Graue Mill is on the south end and they have never been confronted with people wandering around those areas. There is a potential for a security issue to at least be addressed, if larger numbers of people are allowed to walk through the paths that the Park District has proposed. ■ The property was originally identified as a sanctuary for animals and the frequent use of the property by people will scare away the animals and will probably disappear as the number of people using the site increases. He was asked that that the Park District address the issues. Mr. Motley addressed the issues raised. The hiking trails on the site are the existing trails and they are not developing any new trails in the outlying area. They are creating some new ADA trails around the pond with educational exhibits for schoolchildren or scouts, With regards to concerns for security and negative impact on the neighbors, the existing trails are the only ones that will be developed and will be wood chipped and will not be developed for any high usage. The bike trails coming down from Cook County comes right under I -294 there. The developing trail coming from Addison being projected to finish in November will end at that trail and connect to it and will move the traffic out onto Canterberry Lane and keeping it out of the park. The Salt Creek Canoe Association has a long -range plan over the next 10 years to clean up the creek. He received a box of maps (funded by REI) and the association has volunteers who are working hard getting community support. The vision is there and they are working toward it. He is not sure how many people will launch there, but it will be a small launch approximately 10'x1.0' made out of limestone, similar to the fishing pier that will be around the pond. It will not be a negative impact, and long range when it is cleaned up it will be wonderful for people to use. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 13 June 18, 2007 Member Lalmalani asked for comments regarding the animals being scared away by too many people using the site. Mr. Truedson responded that Dorothy Dean talked about and embraced the number of people that walked the property and fished on the pond. She was always j enthusiastic about sharing her property and having people enjoy it. The Park District is making that part of their mission. The different groups that are counseling them of this project have advised that by making the proposed changes on the property, it will bring and make it better for the forest preserve animals to live there. They are not looking to over - program the site to bring in thousands or even hundreds of people. It is a very low impact use. They want people to be able to go and enjoy the property just as they can today. They are trying to provide parking that is accessible so that they do not have to park on Canterberry Lane. They are not trying to draw people there, but they do know that people will want to come down to enjoy it. Just like the forest preserve areas, the animals are not driven away and cohabitate very well; they are very concerned with and believe that will be the case here too. Mr. Motley responded that the area will be similar to the Wolf Prairie, which is also a natural prairie and the same animals will be seen there, such as deer, coyotes and hawks. It will always remain a passive use and they are not competing with the level at Fullersburg or Mayslake. There will be very little outreach programming and will mostly be passive for the residents of Oak Brook. i Member Tropinski questioned one of the Village Engineers comments in his memorandum regarding lighting in the public parking lot, and how it would impact the animal life on the property. Mr. Motley responded that the entrance to the parking lot is inside the park and their intent is to put a gate at Canterberry Lane, which will be closed from dusk to dawn. When dark there will be one streetlight at the current light pole on Canterberry Lane, so the lighting will not have any negative impact on the wildlife or the neighborhood. Member Iyer asked for a response to comments in the memorandum regarding the Salt Creek Floodplain issues. Mr, Motley responded that they have already received the necessary permits for the grant to construct on the site. There is a marsh on the backside of the property and any activity would not be affected by any flooding or have an impact on the Foodplain. There will be just paths, parking lot and shelter. In the past 8 months, there have been some 75 -100 -year flood rains and there has not been any flooding beyond the level of the existing pond, which is an overflow for Salt Creek. They VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 13 June 18, 2007 will have to submit for an engineering permit and according to DuPage County, wetlands do not exist on the property, however there is a permit from DNR (Department of Natural Resources) and DuPage County. The 20 -car parking lot with the ADA accessible parking spot and access to the trails, will well serve what has been there. During his 8- months on the site as caretaker, the maximum cars on the site are 5 or 6. It will be serving the same activity level as they are developing. Director of Community Development Kallien said that the CR zoning district refers to a setback of 100 feet for any structure and the Zoning Ordinance classifies parking as a structure. The location of the parking lot may need to be relocated further south on the lot. The revised drawing is different from what was originally proposed. He questioned if the Park District envisioned school buses coming to the site, and if so the turning radiuses may need to be redesigned. Mr. Motley responded that the application for the engineering permit would need to include all the radiuses if they chose to do a educational outreach program. Director of Community Development Kallien asked what type of improvements are planned for the existing buildings. The previous use was originally a residential single - family house. If the use is changed to CR, the use of the buildings will change and may trigger the need for life safety issues, such as a fire sprinkler system, alarms, etc. Mr. Motley responded that the area of the buildings is exempt from the grant, but they have no plans for it at this time. Within the next 5 -10 years, they may develop a long -range plan, but at this point, they do not have any plans or funding to do so. They did not have the money to support it and with the wishes of Dorothy Dean, they have decided to stay with the plan that has been brought forward, which excludes any public use for the house and buildings from the development. Director of Community Development Kallien commented that the number of parking spaces ultimately built is far less than what the Code requires. When a use is not explicitly mentioned in the Code then the next closet use is applicable, which would be "parks." The requirement would be 1 parking space for every 10,000 square feet of space, which is not what may be needed. The requirement would result in the need for 160 spaces and the applicant is seeking 20; therefore, a variance process is required and ultimately an appropriate number will be determined. Defining a new standard would have required a study of uses against an established standard. The Zoning Board of Appeals will review the variation request. If the result makes a substantial change to the site plan, then the Village Board would have the option of referring it back to the Plan Commission for additional input. VILLAGE OF OAK. BROOK Regular Plan Commission Minutes Page 9 of 13 June 18, 2007 Member Lalmalani questioned if there would be any administrative offices on the site. Mr. Motley responded the administrative offices for the location would be at the main Park District building at Central Park. Village Engineer Durfey said that the comments contained in the memorandum are mainly permit issues, because nothing can be done until a permit is have been applied for. Mr. Motley summarized the reason for the request. The 40-acre property is zoned R -1 and the Park District is in the Parks and Recreation industry. All of the other Park District parks in the Village are zoned CR and they would like this park to be consistent with the rest of their property and provide parks and recreation services to the residents of Oak Brook. Man Amendment Motion by Member Lalmalani, seconded by Member Iyer that the applicant has satisfied the requirements to recommend approval of the requested map amendment to rezone the 40 -acre property located at 115 Canterberry Lane from R -1 to CR. ROLL CALL VOTE: Ayes: 5 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 1 — Member Adrian Nays: 0 -- None. Motion Carried. Director of Community Development Kallien said that for the record, this will increase the utilization of this property and if the property becomes too successful and parking would go onto Canterberry Lane, the Village Board would hear from the residents to do something and would act accordingly, because the street is not designed to have a lot of parking on it due to its configuration. Member Lamalani asked if the restricted parking would make this project not very successful, which what is desired. For example, a parking lot designed for 20 would not allow for 500 people on the site. Director of Community Development Kallien responded that if it is found that more people start to visit the site, the Park District would want to amend their Special Use to expand the parking facility because Canterberry Lane is not designed for excess cars. It is something that the Village will continue to monitor the area and will need to respond if issues develop. The Park District is a government entity and would be responsible. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 13 June i 8, 2007 Mr. Truedson said that their consultant has built a number of these entities and they are guiding them on this process. They recommended fewer parking spots and the Park District decided that they would like to avoid adding parking in the future, so they believe that the 20 spaces they are seeking would be a good compromise and should work fairly well. They are not going to over program the site to bring people in. They acknowledge that the residents on Canterberry do not want people parking there. Currently it is not uncommon to see 4 -5 cars along Canterberry and they want to end that. They do not want to overdo the parking to drive people onto the site. Member Lalmalani said that the tranquil balance should be commended. Lee Donager, Graue Mill Condominium questioned how 10 school buses could be prevented from accessing the site; and although it may not be promoted, they will hear about it. Mr. Motley responded that there is a simple sign that is on all of the other properties that will state a "reservation is required." They will work with the school district, and it would be done with proper scheduling and have not had a problem controlling it. They want to maintain a minimal impact on all the neighborhood parks and have done so through proper scheduling with them. They will never reach the state of Fullersburg Woods or Mayslake. Their goal is to provide a tranquil setting as Dorothy Dean's original intent with a conservation easement on the property. Special Use Motion by Member Lalmalani, seconded by Member Iyer that the applicant has satisfied the requirements to recommend approval of the requested special use for the 40 -acre property located at 115 Canterberry Lane subject to the following conditions: 1. To be in substantial conformance with the revised Site Plan submitted. 2. Subject to approval of the variation to the parking and driveway requirements. 3. The applicant will obtain an approved Engineering permit that addresses all outstanding issues. 4. Notwithstanding the exhibits contained in the case file, the applicant shall meet all Village ordinance requirements at the time of building permit application, except as varied or waived. ROLL CALL VOTE: Ayes: 5 — Members Iyer, Lalmalani, Tropinski and Chairwoman Payovich Absent: 1 — Member Adrian Nays: 0 -- None. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 13 June 18, 2007 5. B. VILLAGE OF OAK BROOK — TEXT AMENDMENT — REAR YARD AMENDMENT SETBACKS ALONG STREETS — REVIEW AND AMENDMENT OF REAR YARD APPLICABLE TEXT ALONG STREETS Director of Community Development Kallien summarized and provided the background on the Village initiated request, which may result in a text amendment to the Zoning Ordinance. A residential property owner has property with a rear yard that backs up against York Road. They applied for a pen-nit to locate an accessory structure in the rear yard and a number of contradictions were found in different places in the Code. In some places, it stated that in the R -3 District the accessory structure was allowed; in the accessory zoning provisions, it was also allowed to be placed within 5 feet of the property line. However, there was another provision that said any structure had to be located 100 feet from York Road. The 100 -foot requirement comes from an extraordinary setback that was established back when the first ordinance was created in 1966. Although staff cannot prove the rationale for the extraordinary setbacks, they believe it was there to provide room for major roadways to be expanded as Oak Brook grew from its small size to its current development. At one time, 22nd Street, York Road and 31" Street were all 2 -lane roads. Over time, the various jurisdictions have improved it to accommodate traffic, growing to 4 -6 lanes. Some properties back up to these roads in Brook Forest, Ginger Creek, York Woods, Hunter Trails and Midwest Club. When the 100 -foot setback is applied to their backyards, it was found that many have a very limited use of their backyards. It was further found that some of the houses as they were constructed are in conflict with the provision. The Village is pretty much developed and the provision needs to be amended so that it is fair and provides the assurances that if the roads are ever to be expanded that they can be, but still provide some opportunity for people to reinvest in their property. The contradictions exist and many people are probably not aware of the impact of some of the provisions on their property because they have not applied for a deck or outbuilding. We are starting to see that there are issues. An analysis will be done to show where the problems are and suggestions will be offered on what we can do. If it is determined that a text amendment is needed, it will be drafted and will then be reviewed by the Zoning Board of Appeals for public hearing and then to the Village Board for final action. There has been some contact with some Homeowner Associations and they are very surprised at what that section of the code does to some of their residents, so it needs to be corrected. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 13 June 18, 2007 Once the analysis is completed, and can quantify what is out there, then the next step would be to share that information with the subdivisions affected and get their input. He said that there has been some consideration given to certain areas. York Road will not get any bigger than it is now, as well as 31St Street. There were never any special rules for Meyers or Midwest Road, which are major roadways. The properties in those areas were allowed to develop according to the setbacks for their zoning district. If they wanted to reduce the impacts of the roadways, many have done extensive plantings to the rear of the property. The property in question on 11 Dover, York Road could not be seen from his house or York Road due to the extensive vegetation that exists. There are ways to mitigate and minimize the impact on these roads and maybe one of the alternatives should be to let the underlying zoning district be utilized. Over the years, whoever has been enforcing the codes has already done that in some cases, but it has not been consistent. It needs to become consistent and fair. It is a code provision that goes back to 1966 and at the next meeting there will be material provided that will allow us to seek closure on this issue. We do not want to have more people go through the unfair burden of going back to the Zoning Board of Appeals for a swimming pool or a deck in some of these areas. Motion by Member Lalmalani, seconded by Member lyer to continue the review to the next Regular Plan Commission Meeting. VOICE VOTE: Motion Carried. 6. OTHER BUSINESS OTHER ausrNCSs There was no other business to discuss. 7. ADJOURNMENT: ADJOURNMENT Motion by Member Iyer, seconded by Member Tropinski to adjourn the meeting at 8:58 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, irecto f Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 13 June 18, 2007