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Minutes - 09/15/2003 - Plan CommissionVILLAGE OF OAK BROOK PLAN COMMISSION MINUTES September 15, 2003 1. CALL TO ORDER The meeting was called to order at 7:31 p.m. MEMBERS PRESENT: MEMBERS ABSENT: ALSO PRESENT: A quorum was present. H. APPROVAL OF MINUTES Chairwoman Members Director of Community Development Barbara Payovich Paul Adrian David Braune Jeffrey Bulin Marcia Tropinski Gerald Wolin Surendra Goel Robert Kallien Member Braune moved, seconded by Member Adrian, to waive the reading of the July 21, 2003 Plan Commission meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Member Wolin moved, seconded by Member Tropinski, to waive the reading of the August 18, 2003 Plan Commission meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Member Wolin moved, seconded by Member Bulin, to waive the reading of the August 27, 2003 Plan Commission meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Ill. FALCO SUBDIVISION — 2901 OAK BROOK ROAD — PRELIMINARY PLAT — FOUR -LOT SUBDIVISION Chairwoman Payovich advised that a Memorandum has been received from the Village Engineer advising that the required engineering information has not been received from the applicant. It has been recommended that this matter be continued to the October 20, 2003 meeting. Member Braune moved, seconded by Member Bulin, to continue the matter to the October 20, 2003 Plan Commission meeting. VOICE VOTE: All in favor. Motion passed. PLAN COMMISSION Minutes September 15, 2003 1 PC -MTG 03- SEP.doc IV. SHAH — 3308 MIDWEST ROAD — MAP AMENDMENT — REZONE THE PROPERTY FROM R -2 to R -3 Director of Community Development Kallien said that the property is located on the west side of Midwest Road, south of 315` Street and directly south of the Oak Brook Christian Center Church. It is vacant property with a number of large oak trees. About 18 months ago this property was zoned R -1. The property owner at that time petitioned for R -2 zoning and was successful. Mr. Shah has since purchased the property and he is seeking to rezone the property to R -3. John Brechin, Attorney for the petitioner, Mr. Shah, said that the property is known as 3308 Midwest Road and is currently zoned R -2. He said that there might be a question as to why they are seeking to rezone the property to R -3 when it had been rezoned R -2. The reason for the request is the traffic volumes along Midwest Road and the size of the property. Looking at the plat of the property it appears that there is 3 acres of property, when in reality there is only 2.63 acres because of the property the county took for the widening and expansion of Midwest Road. This would result in lots roughly 1.3 acres. In Mr. Shah's attempt to market the property in R -2, he found out that he could not get the value for the property based upon the size of the two perspective lots due to their location. The property is surrounded by R -3, and this could become an R -2 island. The lots as R -2 were not attractive when there are other high quality subdivisions in the area that area uniformly R -2 and surrounded by R -2 and in some cases R -1. This is the reason for their request to rezone the property to R -3. If the property is successful rezoned to R -3, Mr. Shah intends to return to the Village with a proposed 4 -lot subdivision. They have prepared a concept plan. They anticipate that development on all the lots will be consistent with the R -3 standards and will not necessitate any anticipated variations. They are hopeful that the totality of the circumstances presented will result in a favorable recommendation. Robert Kirk, owner and president of Group A Architects, is the architect for this project. They want to design and develop the property with the intent of saving as many of the mature and beautiful trees on the property. Their intent is to design all four houses as well as the garages with consistent materials and roofs. They do not intend to sell each lot to different builders. The Zoning Amendment Factors A. The character of the neighborhood. The character of the neighborhood is predominately residential. To the east is the Trinity Lakes single - family residential subdivision, zoned R -3. To the south and west of the subject property is the Midwest Club Subdivision, also zoned R -3. To the immediate west is a single - family residential property zoned R -1. Immediately north of the subject property is R -1 single - family residential with R -2 single - family residential north of that parcel. The property to the north is utilized for a church and a single - family residence. B. The extent to which property values are diminished by the particular zoning restrictions. The existing R -2 zoning inhibits the ability to sell or develop the subject property. The subject property, consisting of 2.8 acres, cannot be divided into three conforming R -2 lots, and there is limited market appeal for a lot of this size that fronts on a major arterial roadway such as Midwest Road. The fact that the property has remained vacant over more than 20 years illustrates the negative impact that the existing zoning has had on the subject property. PLAN COMMISSION Minutes 2 PC -MTG 03- SEP.doc September 15, 2003 C. The extent to which the removal of the existing limitations would depreciate the value of other property in the area. Rezoning of the subject property to R -3 will have no negative impact upon properties in the surrounding areas that are zoned R -3 and R -2. Moreover, such a rezoning should have no adverse impact upon property zoned R -1 to the west and north since the ultimate development of the subject property as single - family will be consistent of the character of the neighborhood, and will be on lots meeting or exceeding the minimum lot area requirements of the R -3 zoning district. D. The suitability of the property for the zoned purposes. Utilization of the subject property for single - family residence purposes is entirely consistent with the character of the area and the present uses of all surrounding properties. E. The existing uses and zoning of the nearby property. The existing uses and zoning of nearby property are uniformly single - family residential, with the exception of the church parcel, north of the subject property, all as further detailed in the response to factor a. F. The length of time under the existing zoning that the property has remained unimproved considered in the context of land development. The property is a virgin piece of property and has never been developed. This is another reason why they want to keep the character of the land and the mature trees. It has remained undeveloped for a number of years, estimated to be between 15 -20, largely because of its zoning. The Midwest Club Subdivision to the west, and the Trinity Lakes Subdivision to the east both were developed in the late 1970's and early 1980's as high quality, single - family, residential communities with R -3 zoning. The location of the subject property on a busy roadway combined with the R -2 zoning has inhibited the ability to develop and utilize the property for its zoned purposes. G. The relative gain to the public as compared to the hardship imposed on the individual property owner. There is little if any public benefit to the R -2 zoning, which, as illustrated, has served as a substantial deterrent to any development of the property, thus representing a severe hardship to the owner of the subject property. Conversely, rezoning of the property to R -3 will serve to benefit the public as well as to remove the overly burdensome restrictions imposed by the present R -2 zoning. H. The extent to which the proposal promotes the health, safety, morals or general welfare of the public. Rezoning of the subject property to R -3 will allow for its single - family use, consistent with the character of the neighborhood, and would allow for high quality residential development consistent with surrounding properties, increasing the tax base for the Village and improving the overall aesthetics by the ultimate development of the property consistent with single - family residential zoning. The relationship of the proposed use to the Comprehensive Plan. The proposed single - family use of the subject property is entirely Comprehensive Plan and will provide a reasonable and appropriate properties, which already abut R -3 zoned properties. PLAN COMMISSION Minutes PC -MTG 03- SEP.doc consistent with the buffer to nearby R -1 September 15, 2003 J. The Community need for the proposed use by the property owner. Oak Brook as a community, and its residents have consistently expressed the desire and need for high quality single - family residential lots. The proposed rezoning will allow for the reasonable utilization of the subject property for single - family use in a manner consistent with the character of the neighborhood, and in a way that will enhance property values in the area. Member Adrian asked that presently there is a bicycle path in front of the proposed development and would be an issue at time of the preliminary plat. Mr. Brechin noted that at the time they apply for the preliminary plat, they recognize the need to preserve the path and if necessary will relocate it to maximize the negative safety impacts. Member Braune addressed concerns that it did not appear there would be enough parking for the homes. Mr. Kirk said that each proposed house would have a four -car garage so there would be substantial drive surfaces on the lots for parking. Director of Community Development Kallien said that Mr. Shah has gone the extra step in reviewing the concept for a map amendment. The concept shown is just an idea and would be presented at the time they would apply for a preliminary plat of subdivision. The issue is the request to change the zoning. Member Wolin asked if any feedback was received from any residents. Director of Community Development Kallien responded that everyone was notified, and no negative comments were received. Member Adrian moved, seconded by Member Wolin that the applicant has addressed the required factors to recommend approval of the request for a map amendment to rezone the property to R -2 and in making this recommendation found that: 1. The vacant 2.8 acres of land known as the subject property is located on Midwest Road and is presently zoned for residential use. 2. The Village of Oak Brook Comprehensive plan depicts the future land use for the subject property as residential. 3. The majority of the surrounding land uses are residential. 4. The existing zoning of the land directly to the east and south is R -3, which is the same as what has been requested. 5. The applicant has addressed all of the applicable factors in the Zoning Ordinance required for a map amendment on page E of the case file. 6. No comments have been received from the neighboring property owners that the proposed map amendment would negatively impact the adjacent properties. ROLL CALL VOTE: Ayes: 7- Nays: 0 - Absent: 1 - Motion Carried. V. OTHER BUSINESS Adrian, Braune, Bulin, Tropinski, Wolin and Payovich Goel Chairwoman Payovich noted that she and Member Wolin had the opportunity to follow the structure height amendment through the Zoning Board of Appeals and the Village Board and only the restriction applied to variations was changed. Everything else went through as recommended. The Village President, the Village Board and the Zoning Board of Appeals recognized the hard work of the Plan Commission. PLAN COMMISSION Minutes PC -MTG 03- SEP.doc 4 7_ September 15, 2003 Member Wolin noted that the reception of both groups was very positive. Many positive comments were made at the Village Board meeting about how this will benefit the property values. He asked if comments have been received from the public. Staff responded that the calls have not stopped, there have been many phone calls that have been received asking questions about the amendment. There has been favorable opinion of the action. Director of Community Development Kallien thanked the Plan Commission for their hard work and said that it will have a positive effect on the community. Chairwoman Payovich also thanked Director of Community Development Kallien and Gail Polanek for their hard work. The special meeting would not have been done without all the material being put together as quickly as it was. There was no other business to discuss. V1. ADJOURNMENT Member Braune moved, seconded by Member Wolin to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:00 p.m. Director of Commyifity Q,634eopment Secretary PLAN COMMISSION Minutes 5 PC -MTG 03- SEP.doc October 20, 2003 Date Approved September 15, 2003