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Minutes - 11/21/2005 - Plan Commission1. Al 3. 9 5. MINUTES OF THE NOVEMBER 21, 2005 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK UNOFFICIAL UNTIL APPROVED AS WRITTEN OR AS AMENDED ON, 2005 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 7:31 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, Moin Saiyed, Marcia Tropinski and Gerald Wolin IN ATTENDANCE: Jeffrey Kennedy and Robert Sanford, Trustees, Robert Kallien, Director of Community Development and Margaret O'Connell, Assistant Village Attorney. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF OCTOBER 17, 2005 Motion by Member Wolin, seconded by Member Saiyed to approve the minutes of the October 17, 2005 Regular Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. NEW BUSINESS NEW BUSINESS A. VILLAGE OF OAK BROOK DEMOLITION And CONSTRUCTION SITE MANAGEMENT — TITLE 10 BUILDING REGULATIONS Chairwoman Payovich advised the audience of the procedures that we be followed at this meeting. Director of Community Development Kallien provided an overview of the draft proposal. He said that teardowns are beneficial to the community in that it provides revitalization in areas that often need it. When a teardown occurs in an established area there is an impact on the neighbors. The primary goal of this proposal is to set VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 11 November 21, 2005 ��_ some reasonable standards and parameters so that the impact is minimized on the adjacent properties. A number of other neighboring communities have an extensive history in dealing with residential teardowns, so one of the first steps was to review their requirements; such as Hinsdale, Elmhurst, Downers Grove and Naperville. The draft tries to identify the best and the most reasonable code provisions that would be the most easily enforceable in Oak Brook. It was originally called a Teardown Ordinance, and after refining it, he recommended that the title be "Demolition and Construction Site Management." The proposal not only reflects the work done on a demolition but also the construction of a new structure on the property. Public input was sought out' extensively by contacting all the homeowners associations, personal contact was made with a number of builders in the community and the proposed ordinance was posted on the Village's website inviting all residents of Oak Brook to contribute their comments on this issue. (Note: each section of the draft was reviewed by the Plan Commission and new text to be inserted has been italicized and text to be deleted has been noted with a strikethrough.) FENCING. Comments from Director of Community Development Kallien: At the present time only silt fencing is required around any new residential construction job. Commercial projects allow temporary chain link fencing to encircle the site for safety purposes. Some of what is proposed is presently in the Stonnwater Ordinance. Hank Haff, 1904 Midwest Club Parkway, said that requiring a fence around the perimeter of the property might not adequately protect the vegetation on the property from its own construction. The fence should be placed to protect the vegetation also. He noted that 4 -foot fence is reasonable and does help control debris. Chuck Shemely 3411 Heritage Oak Court, asked for clarification that the proposed rules apply to demolition and any new construction. Director of Community Development Kallien responded that they do. Dan Callaghan, 43 Baybrook, chairman of the architectural review committee for Ginger Creek, said he was concerned that there was no definition for a construction fence. He suggested that in addition to the height of the fence there should be comment about how the fence is staked. Member Wolin said that he believes the comments provided should be incorporated. Timothy Soltys, 4 Hamilton, and architectural chairman for Brook Forest said that Elmhurst requires a 2x4 on top of the orange fencing and it stays together during construction. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 11 November 217 2005 Member Tropinski suggested that the fence be installed as required by the manufacturer. In regards to duplication of sections within the ordinance, an architect should know the Codes they should be noted in only one area of the ordinance. Director of Community Development Kallien said that he does not want to get to the point that the inspector is required to go to a site with a tape measure to make sure that a construction fence is staked 4 feet apart. The more specific the text, there is no latitude allowed in terms of making a determination. The Code is written to allow the inspector to interpret and enforce the regulations in a fair and equitable manner. Member 'Wolin said it should be written to be the most logical and as it goes to the Village Board it may be suggested that additional staff may be required if it is implemented. A. Fencing, The permit applicant for demolition and /or construction shall install the following fencing prior to the arrival of the demelifien construction crew on site and said fencing must be maintained until permanent erosion control is established: (1) For non - residential demolition and /or construction, a minimum six (6) foot high temporary chain link or other suitable construction fence (as approved by the Community Development Department) around the perimeter of the lot taking the protection of vegetation into consideration; (2) For residential demolition and /or construction, a three (3)-te four (4) foot plastic /nylon fencing around the perimeter of the lot, except in areas to protect landscaping and silt fencing properly affixed to the ground for storm water control must be installed and maintained inside the perimeter of the construction fencing consistent with Title 9. DEBRIS CONTROL AND CLEAN UP. Comments from Director of Community Development Kallien: The Building Code is very vague about controlling debris and site clean up so we want to clarify the requirements. The proposal is a common sense approach and we will now have a requirement that the streets are to be kept clean. If the homeowner associations see contractors messing up the streets, Community Development should be called because we will get in touch with the contractor to clean it up. A couple of comments had been received about covering the dumpsters. Mr. Perri, 36 Breakenridge Farm said that covered dumpsters are a little excessive. In combination with the construction fence and the dumpster, it should be self contained. Usually the debris going into the dumpster is heavy and if it is kept to the top of the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 11 November 21, 2005 dumpster it should not be an issue. He noted that some properties depending upon grade may not be able to be 10 feet away from the lot line and perhaps a determination could be done at the permit stage. Director of Community Development Kallien said that on large lots the location of the dumpster is not a problem; however, it could be an issue in areas such as Saddle Brook where the lots are smaller. Mr. Haff, 1904 Midwest Club Parkway noted that dumpster companies will typically not pick up a dumpster that is overfilled due to large fines imposed for loosing debris and overweight loads when they leave the site. The Village may want to consider imposing a fine on those that overfill dumpsters, have loose material all over the place and do not manage their sites instead of penalizing people that do the job right and are forced to incur extra costs that are passed on to the customer. The neighborhood will let you luiow if there is a lot of debris around. He said that in his experience 10 feet is fine. Director of Community Development Kallien commented that the builders here have a good history of working in the Village. Unfortunately, some of the contractors do not live by their standards. We have some contractors that do not work on their jobs for weeks on end so regulations are needed that apply to everyone. We need to stop the worst case situations' and those are going to happen. Jobs are expensive in town and sometimes the low bidder gets the job. Mr. Callaghan said that he agrees with Mr. Haff regarding imposing fines on those that do not comply with the ordinance and they should be significant. Assistant Village Attorney O'Connell responded that under our ordinance the minimum fine is $750.00 and that every day is considered to be a separate and distinct violation. Terry O'Malley, President of Breakenridge Farms Homeowner Association said that his issue was the timing on the cleanup. Over the summer there was constant debris from a house being built on Spring Road. The debris blew onto the forest preserve side of the property and some of it is still there and the house is still under construction. He as well as other neighbors called and complained to the Village. He would like to see the amount they are fined contained in this ordinance and that they are required to correct the violation within a short period of time. Assistant Village Attorney O'Connell responded that the fines are located under a general provision section of the Ordinance that states any violation of any section in the code is a ticketable offense and each day it exists can be a separate violation. Mr. O'Malley suggested that if a site cannot be cleaned up, perhaps the Village could come out and clean it up and then bill the offender. Director of Community Development Kallien said that the department is not staffed so that we can have someone sit at all construction sites every day to make sure that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 11 November 21, 2005 everything is kept clean. If a complaint is received we take care of it as soon as reasonably possible. If a call is received in the morning and if there is someone working on the j obsite, we make sure that it gets done that day. Our goal is to get compliance. We work with the applicant to make sure they understand what the regulations are and to ensure that the situation is not repeated and we do not have to issue a ticket. If it is a repeat offender, then we will look to our legal department to handle it in the best way. Typically, in Oak Brook we have been able to resolve most issues without issuing a ticket. We are trying to develop language in our regulations so that people better understand what the expectations are. As this goes through the process the Village Board may provide direction as to what their enforcement opinion is in terms of the building codes. Once it is adopted, this ordinance will become an attachment to all building permits. On the approved drawings we will make reference to this so that there are no surprises to anyone as to what the expectation is. If that proves to be inadequate he will let the Village Board know and then take another look at it. We are taking a big leap forward, but we may need to take additional steps to deal with specific situations. Mr. Callaghan said that it is impossible to clean up every job site at the end of every day. However, the roofing material, lumber scraps and brick scraps are not picked up daily, they are picked up when they are finished doing their portion of the job. At the end of day all wind blown material is picked up daily The ordinance needs to reflect the difference. At the end of each phase the inspector knows when that portion of the job is done and cleaned up. Chairwoman Payovich said that what she is hearing from the residents is the concern is debris that blows around the area. B. Debris Control and Clean Uu. Construction and demolition debris and refuse containment shall be required for all job sites. Containment shall occur on the property that is the subject of the permit (and not on public property) and shall be within a Fevered dumpster or items placed in a container to prevent windblown debris. ,The dumpster or container shall be set back on the site as far as possible and no closer than ten (10) feet from any lot line. All such dumpsters or containers shall be Fevered— maintained in order to prevent windblown material at all times. <_l wedE is not being per-fai=med on the pr-epef�y. At the end of each work day, all possible windblown type material, debris and litter shall be picked up and placed in the dumpster or container and shall be covered if it is not maintained as determined by the Community Development Dept. CONSTRUCTION TRAFFIC MANAGEMENT: Director of Community Development Kallien reviewed this section and said that many tunes where some of the large structures are being built there is very little area for the accommodation of the contractor's vehicles. As part of the permit we will require a construction traffic management plan showing where they anticipate vehicles will be parked. The Village VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 11 November 21, 2005 Engineer will provide input to ensure that the integrity of the roadway is maintained and not a hazard to those using the road. If possible, it would be great to have all vehicles parked on the site or in other areas to allow it only on one side of the street. In some areas there is really no place to park. It will be dependent upon the roadway that exists, the type of facilities that are there and work to minimize the impact on the motoring public as well as the neighbors. Mr. Shemely suggested that private driveways or mailbox access should not be blocked. He also commented that the school buses have a difficult time also. Mr. Callaghan said that as posted because many of th e different time and park. A would control it. Assistant Village Attorney approve each instance whe discretion of the department. part of the parking plan, temporary signage should be laborers cannot read a parking plan. They pull up at simple sign showing no construction parking allowed O'Connell said that the Village Board would have to -e a sign is to be posted because it is not within the Mr. Haff said some of the people cannot read plans. Trades show up throughout the day and go from jobsite to jobsite and cannot remember if they have not been there for a while, where they can and cannot park or who may have regulations and who does not. If a street gets too narrow Midwest Club has a rule that only allows parking on one side of the street and they have been unable to enforce it. People park at the point that is the closest to the site because they are usually carrying 'equipment and will park on the jobsite if they can. Often times they are parked a block away. On a given day if many trades show up and they are restricted from so many areas, where do they park? There are days when there are literally 20 -25 vehicles on the site. Mr. O'Malley said that perhaps there could be the input provided from the associations because they may have rules in their particular area. Breakenridge requires all cars to be kept on the site not on the road. Director of Community Development Kallien said that too much is being read into this. It is to ensure that adjacent roadways and private driveways are not obstructed. This is to provide basic controls and prevent bad things from happening. Sometimes roads have been totally blocked. If the homeowner association would be required to weigh in on it, how long would they have to wait to get the parking issue resolved? The police department can be called, but we want to be preventive instead of reactive. The village needs something that addresses this issue because there are too many streets that have a narrow pavement. Member Saiyed said that a plan should be provided on paper and given to the construction worker. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 11 November 21, 2005 Member Lalmalani said that you have difficulty maneuvering cars in a cul de sac because the trucks are unpredictable at the construction sites. There are near misses and concern that school children may be hit. Assistant Village Attorney O'Connell said that in the Illinois Vehicle Code there are very harsh regulations on CDL drivers. The police should be called if that happens and citations could be issued. This provision is designed for forward thinking about where cars should be parked. Mr. Soltys said that contractors work in many different towns. The rules could be posted on a small sign so that people know where to park. There are new people coming all the time and never see the blue prints. Director of Community Development Kallien said that we will communicate with the General Contractor and explain what the rules are. C. _Construction Traffic Management. ~ Prior to the issuance of a permit for demolition or new construction, the applicant shall submit a plan to the Department of Community Development showing the location that the construction and worker vehicles will park. Parking of vehicles must not obstruct or limit the use of any adjacent roadway or any private driveway, mailbox, fire hydrants and otherwise be in compliance with the requirements of this Ordinance. The parking plan shall be approved as a part of the permit and a copy shall be posted on the construction site. The permittee shall be responsible for compliance with the approved parking plan. Failure to post a copy on the site will be cause for stoppage of work until it is posted. SANITATION: Director of Community Development Kallien said that this stipulates the location and regular servicing. D. Sanitation Facilities. A portable toilet shall be placed on all demolition/construction sites prior to any work commencing on the property. The portable toilet shall not be located on public property, including any street, parkway or sidewalk. Such facility shall not be located within ten (10) feet of any property line and shall be serviced on a regular basis. WET SAW and DUST ABATEMENT: Director of Community Development Kallien said that this is to create a scenario where the onus is going to be on the contractor to control the level of dust so that when stone is cut a wet saw is used. E. Wet Saw. A wet saw shall be required for cutting all types of masonry, stone, brick pavers, concrete and pavement. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 11 November 21, 2005 F. Dust Abatement. The application for a demolition permit shall include a dust abatement plan. Said plan may include periodically applying water to the structure during the demolition process. The dust abatement plan shall be approved by the Chief Building Inspector and made part of the approved permit. New construction permit applications shall also include dust abatement measures where appropriate as determined by the Chief Building Inspector. WRITTEN NOTICE OF APPLICANT: Director of Community Development Kallien said that because of the size of the homes the impact may linger for years. A simple written notice is to be given to the homeowners and if they have issues they can be addressed. G. Written Notice of Applicant. Notice of the filing of an application for a permit to demolish a dwelling shall be given to all residents of property within 250 feet of any part of the subject property by the applicant and the homeowner association, if the property is part of one. Such notice shall be on a form provided by the Village and shall be given by first class mail. The applicant shall provide the names and addresses of all notified property owners to the Village along with a certificate of mailing. The notices shall be sent at least ten (10) days prior to the permit being approved and said permit will not be approved without said ten (10) days notice. SCHEDULE and CASH BOND FOR DEMOLITIQN PERMITS: Director of Community Development Kallien said that if someone takes down a building there is no guarantee that the land would be brought to a filled in or seeded condition. There are several sites where the building has been taken down and not properly filled, graded and seeded. The Village needs to require some type of bond in an amount of money that would be sufficient so that the Village can complete the job if the contractor will not. The Village Engineer indicated that in Title 9 of the Village Code he already has the ability to impose such a bond, but it was never done as part of demolitions. It was always done for virgin sites. It was decided that we could start imposing those regulations now. The applicant will provide a remediation plan from an engineer with an estimation of the costs broken down for each of the steps. The engineering staff will take the estimate and require a bond covering 110% of the costs. A schedule is supplied advising when each item is to be done to ensure that things are done. Many Homeowner Associations take a bond independent of the village. This mechanism will allow us to clarify and document what we are already able to do. It addresses a lot of situations that have been brought to the Village's attention. The contractors will be held to specific time frames to try to move the job along to ensure that rough grading occurs earlier in the process instead of later. H and I work together. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 11 November 21, 2005 Member Wolin said that in some instances as soon as you demolish a building you start construction. There is not a mechanism to cover that. Director of Community Development Kallien said that if they start construction, the bond will be refunded. It will be reviewed to add clarification. H. Schedule and Cash Bond for Demolition Permits. The application for a demolition permit shall include a schedule of all planned activities including: 1. installation of fencing 2. installation of temporary erosion control measures 3. building demolition 4. excavation 5. backfilling, of the building excavation 6. rough and final grading 7. six inch (6 ") soil placement 8. seeding or sodding of all disturbed areas The applicant shall provide the estimated area of disturbance and provide an estimate of the cost for the planned activities (except the building demolition) which shall be reviewed by the Village. The Village shall approve said estimated area and costs or require them to be corrected. The applicant shall post with the Village a cash bond in an amount equal to not less than 110% of the approved estimated cost. Said cash bond meets the requirements of Section 9 -9 -2A of this Code and a separate bond is not required. Said cash bond shall be in addition to all other application and processing fees. Upon completion and approval of the demolition permit, the unused balance of the cash bond, if any, will be refunded. CLARIFY - If new construction starts refund of bond and no need to comply with items above numbered S through 8. I. _Expiration of Permit and Penalty. If the demolition of a building or structure, or the construction of a new structure, is not completed within the approved time schedule and the permit therefore expires, the applicant shall pay an additional permit fee of one -half (1/2) of the original permit fee and within ten (10) days of permit expiration provide the Village with a new schedule for completion of demolition and /or new construction which shall be for no longer than sixty (60) days from the date the permit is extended. If the project is not completed within that sixty (60) day period, an additional permit fee of $100.00 per day shall be paid by the Permittee for every day after sixty (60) days until the demolition and /or new construction is completed. This provision is in addition to and does not negate the provisions of Section 9 -9 -2A of this Code. TREE PRESERVATION: Director of Community Development Kallien said that if a demolition permit is going to be issued, if there is a way to note and survey where the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 11 November 21, 2005 larger trees are. It will give us the opportunity to see what trees are on the site before trees are taken down that could have been spared. It will not prohibit trees from being removed, but to see if there is a way to save some if possible. J. Tree Preservation and Protection. For all demolition permits, the applicant shall submit a detailed tree survey, which shows the location of all trees with a minimum diameter of eight (8) inches (as measured at 12 inches above the ground). The plan shall include a statement of anticipated damage to or removal of trees on the subject property and measures to be taken to protect the trees such as pruning, root pruning, use of retaining walls or protective fencing, auguring of utility lines to improve the survivability of the trees and any other protective measures to be taken by the Permittee, Member Saiyed asked if there was a mechanism to replace trees as they are taken down. Director of Community Development Kallien said that it is a good concept, but when you look at the amount of money people are spending on their homes and the amount of landscape that is being added. Member Adrian added that Tree Preservation was worked on by the Plan Commission for a long time and was sent to the Village Board, which returned it to the Plan Commission to work on. Everyone realizes that you cannot require people to replace caliper with caliper. Brush may appear to be trees- and it is not and the level of landscape that is provided is usually better quality than what was there. Member Iyer brought up hours of construction. Director of Community Development Kallien said that they are addressed in the Police Regulations, but they are working to have construction hours included and will have them for the next meeting. ADD SECTION K. Define Hours of Construction should not conflict with Police Regulations. Henry Rico, 11 Lochinvar commented that it would be important when the applicants are required to notify the residents that they should also be required to notify the homeowners association and also require that they get approval from the homeowners association. Director of Community Development Kallien said that we do have a good relationship with the homeowner association. We require that a letter be received from the homeowner association. If the association does not approve it, but we are bound by Village code to issue the permit if the meet the zoning. We try to have the applicant, village and association work together. Ginger Creek has a certain height limit that is different from the Zoning. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 11 November 21, 2005 6. 7. Mr. Callaghan asked how the village could bypass the deeded requirements of the homeowner association by issuing a permit not allowed by the homeowner association. The burden is then put on the homeowners association. For the Village leave it to the homeowner association to worry about their rules. If the homeowners association has things recorded on the deed how can the village blatantly disregard them? If they are at notified in advance they can approach the property owner prior to construction. Assistant Village Attorney O'Connell ' said that if the permit meets all of our guidelines and regulations, we legally have to issue the permit. Dan Callaghan also brought up comments regarding structure height, timetables, bonds and tree preservation. Mr. Rico requested that they look into the Code to empower the Homeowner Association. We need to work together and help to police the neighborhood, but they need some authority to do that. Director of Community Development Kallien said that we cannot lose site of enforceability of the ordinance. Motion by Member Wolin, seconded by Member Lainalani to continue the hearing to the next regular Plan Commission meeting on December 19, 2005. OTHER BUSINESS There was no other business to discuss. ADJOURNMENT: Motion by Member Wolin, seconded by Member Lalmalani to adjourn the meeting at 10:03 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, 'rector - ommunity Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 11 November 21, 2005 OTHER BUSINES: ADJOURNMENT