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Minutes - 09/18/2000 - Plan CommissionVILLAGE OF OAK BROOK PLAN COMMISSION MINUTES September 18, 2000 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. II. APPROVAL OF MINUTES Chairman Members Director of Community Development Village Engineer Stelios Aktipis Stephen Allen Samuel Girgis Barbara Payovich David Pequet Surendra Goel Anthony Tappin Robert Kallien Dale Durfey Member Payovich moved, seconded by Member Allen, to waive the reading of the July 17, 2000, Plan Commission Meeting minutes and to approve them as written. VOICE VOTE: All in favor. Motion passed. Ill. HAFF/BRIARWOOD LAKES COMMUNITY ASSOCIATION — 32 REGENT DRIVE — FLOOD PLAIN SPECIAL USE and VARIATION Hank Haff, petitioner and property owner, relayed the history of the sale of the property including that he had been misled to believe there were no problems on site that would prevent a house from being built. It was not until he had applied for a permit to build a new home when he was advised by the Engineering Dept. that a portion of the property was in the flood plain and it could not be built as submitted. He never suspected a problem because the property is beautiful with very nice homes on either side of it. He was misled by the seller regarding the ability to develop the property, made a terrible error in judgment, and humbly requested the Commissions' understanding and support. The development of the site is within the 100 -year flood plain which has a one percent chance or less of occurring each year. This development does not encroach on any of the more important or frequent events such as the 50 -year or 25 -year flood events. According to recent flood prevention projects in the watershed including the Quarry and dredging project, it is likely PLAN COMMISSION Minutes September 18, 2000 1 that the flood elevation has decreased since the most recent flood plain mapping and therefore, providing additional flood protection to neighbors. Hank Haff addressed the factors upon which recommendations for a flood plain special use permit shall be based. 1. The danger to life and property due to increased flood heights or velocities caused by encroachments. The proposed improvements will not put life or property in danger due to increase in heights or velocities. The improvements create additional flood plain that was not available prior to the proposed improvements. Therefore, there should be a decrease in flood elevation. Additionally, the compensatory storage at 1.5 to 1 will provide more storage than is actually on site right now. Instead of meeting the 205 cubic yards required, they are providing 220 cubic yards. 2. The danger that materials may be swept onto other lands, or cross - stream, upstream or downstream to the injury of others; The improvements will not introduce material that can be swept away during a flood. 3. The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination and unsanitary conditions; The proposed improvements do not call for sanitary or water supply construction in flood plain. 4. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; The proposed home will be no more susceptible to flood damage than either neighbor on each side. The top of foundation is raised above flood plain and compensatory storage is provided. The top of foundation is going to be at 2.2 feet, so they are sitting very secure. 5. The importance of the services provided by the proposed facility to the community; The home will provide residence for a family and will void catastrophic economic hardship for the Haff family. The improvements will create increased flood plain which improves the entire community and the ability to avoid major flood damage. Additionally, the improvements will eliminate a grading hazard at the shoreline. He phoned or visited with the surrounding property owners in the Brook Forest Subdivision and was delighted to see the support of a home being built there. Briarwood Lakes Community Association President, Connie Xinos visited with all the residents in the Briarwood Lakes Subdivision and received positive responses. 6. The requirements of the facility for a waterfront location; The subject lot is adjacent to the Briarwood Lakes Community Association property where the watercourse exists. The original development of the subdivision intended for this lot to be built with a single family home. 7. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; The proposed improvements are the continuation of the surrounding subdivision. The subdivision is near build out, therefore, no more development will occur in the vicinity. The compensatory grading has been approved by the Briarwood Lakes Community Association. PLAN COMMISSION Minutes September 98, 2000 2 '01 e 8. The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; It is anticipated that the proposed improvements meet both the comprehensive plan and flood plain management program. 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; Access to the property during a flood condition is not affected by the elevation of the flood. 10. The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site; It is anticipated that the heights, velocity, duration, rate of rise and sediment transport will be unaffected. 11. Such other factors which are relevant to the purposes of this article. Not applicable. In conclusion, the issues are in regards to the 100 -year flood event. They will be enhancing the property values and the Brook Forest Community Association is supportive of the project Approval to build the home as requested will not disrupt the community in any way. The change in the grading along the shoreline are added safety factors. This is not about making money, it is about saving him and his family and also providing a home for the Mullins'. Most importantly, the project will be done the correct way and with the additional compensatory storage it will be a better situation than it is now. He respectfully requested a favorable recommendation. Member Payovich questioned Village Engineer Durfey whether changing the elevation from 3 feet to 2.2 feet would be precedent setting. Village Engineer Durfey said that he could not speak for the precedent, however, from an Engineering viewpoint it is a reasonable request Mike Davidian, 34 Regent Drive, lives next door (directly north of the subject property) said that he welcomes a home being built on the site. He has seen the plans and believes it will enhance the neighborhood and Brook Forest. Joan Mullins, contract purchaser of the proposed home, is in support of the proposal and is not worried about the flood plain issue with the compensatory storage being provided as planned. No one in the audience spoke against the proposal. Ray Skowron, 30 Regent Drive, lives next door (directly south of the subject property) raised concerns regarding whether water will be on his property, it appears flat with little drainage toward the creek. Joe Hammer, Morris Engineering responded that the proposed home will have a swale (a small ditch or low area) on both sides which will collect the water off the proposed improvements and channel it along the property line down to the water course. No water from the proposed improvements will be directed onto any other lot. All of the water flows directly back towards the water course. Mr. Skowron asked if the swale would be lower than his existing property, Mr. Hammer said no, that they have pulled contours back in an attempt to produce the compensatory storage. They will be removing earth and increasing the slope, bringing lower elevations closer to the property lines. Mr. Skowron asked since the swale will be level to his lot, how will that pull the water away from the area? Mr. Hammer responded that they will create the low spot on the subject property to convey the water, so the water is moved PLAN COMMISSION Minutes September 18, 2000 3 <V-t- tt off their property toward the property line and enters the swale as well as the proposed improvements. These elevations are lower than what is on the lot now. They do not make any changes to the properties on either side. Mr. Skowron added that as long as it works the way it is shown, he does not have a problem. Member Pequet moved, seconded by Member Payovich, that the Flood Plain Special Use as requested is deemed necessary for the public convenience and will be operated so that the public health, safety and welfare are protected and there will be no substantial injury to other property in which it is located. The petitioner has met the requirements necessary to recommend the Flood Plain Special Use for approval subject to the following conditions: 1. The development shall be in substantial conformance with the plans as submitted. 2. The new home be built a minimum of 2.2 feet above the base flood elevation and subject to the comments contained in Village Engineer Durfey's memorandum dated September 12, 2000 on pages 9 -9a of the petition file. ROLL CALL VOTE: Ayes: 5- Nays: 0 - Absent: 2- Motion Carried. IV. ADJOURNMENT Allen, Girgis, Payovich, Pequet and Aktipis Goel and Tappin Member Pequet moved, seconded by Member Allen to adjourn. VOICE VOTE: All in favor. Motion carried. Meeting was adjourned at 8:00 p.m. Director of Community eve opment Secretary November 20, 2000 Date Approved PLAN COMMISSION Minutes September 18, 2000 4