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Minutes - 12/19/2005 - Plan CommissionMINUTES OF THE DECEMBER 19, 2005 REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JANUARY 16, 2006 1. 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 Govenunent Center at 7:35 p.m. 2. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Barbara Payovich, Members Paul Adrian, Raju Iyer, Gopal Lalmalani, Marcia Tropinski and Gerald Wolin ABSENT: Moin Saiyed IN ATTENDANCE: Jeffrey Kennedy and Robert Sanford, Trustees, Robert Kallien, Director of Community Development, Margaret O'Connell, Assistant Village Attorney and Dale Durfey, Village Engineer. 3. APPROVAL OF MINUTES: REGULAR PLAN COMMISSION MEETING OF NOVEMBER 21, 2005 Motion by Member Wolin, seconded by Member Iyer to approve the minutes of the November 21, 2005 Regular Plan Commission meeting as written and waive the full reading thereof. VOICE VOTE: Motion Carried. Chairwoman Payovich advised the audience of the procedures that we be followed at this meeting. 4. UNFINISHED BUSINESS CALL TO ORDER MINUTES UNFINISHED BUSINESS A. VILLAGE OF OAK BROOK DEMOLITION And CONSTRUCTION SITE voB - DEMOLITI And CONSTRUCTI MANAGEMENT — TITLE 10, BUILDING REGULATIONS SITE MGMT — TCl 10, BUILDING RE( Director of Community Development Kallien provided an overview of the draft proposal. The proposal has been modified during its review process taking into consideration the input of the Plan Commission, homeowner associations, local builders and staff. The final draft language is both reasonable and is able to deal with the onerous issues relative to teardowns and things related to new construction. Member Wolin asked for clarification that although it is not listed in the proposal, the requirement to clean up the streets is located in another area of the Village Code. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 18 December 19, 2005 Director of Community Development Kallien agreed. Member Wolin asked that language be added to prohibit work on Sunday. Member Lalmalani said that he would also include work on holidays. Member Wolin added that it should probably be defined as holidays as recognized by the Village. Member Adrian said that the type of work would also need to be defined, such as whether the work was conducted inside or outside. If someone is inside finishing cabinets, etc., they should be allowed to work. Director of Community Development Kallien cautioned that under the Police Regulations, it prohibits the use of heavy equipment on federal holidays, but allows work on Sundays, so this text would need to be amended separately by the Village Board. One of the things that we have tried to impress upon everyone is the issue of whatever language is adopted by the Village, we have to have the ability to enforce it and we do not have staff working on Sundays. The rules could be circumvented without the Village being aware. If the homeowners association wants to take on that responsibility and let us know, we could then communicate with the contractors on the following day. If you can't see it you may not be able to enforce it. Chairwoman Payovich asked if there have been a lot of complaints regarding work on Sundays. Community Development Director of Community Development Kallien responded that it has not. He is not sure what the homeowner associations have had in terms of their experiences. There may be covenants controlling that within the homeowners associations. Dan Callaghan, 43 Baybrook Lane, said that a lot of his guys do not work on Sundays, and the guys that work on the holidays are those that do not celebrate the same holidays that we do. Typically, those people are not those operating the heavy equipment, it is generally the drywall guys working on the inside. His neighbor has been remodeling his house since he has moved there for over 3 years and last fall he had landscapers working on Sundays and it was a blessing for him and he wished they would have turned on flood lights and worked until 2 a.m. because he has been looking at a mud pile for a long time. If a landscaper were there with a small tractor making less noise than a lawn mower does, if a restriction were put on the decibel level that would help instead of restricting work on Sundays. Peter Huizenga, 44 Baybrook Lane, said that -the homeowner association's main problem is their inability to enforce the covenants that they have because they do not have police power. If they ask a resident to refrain from doing something on Sunday they do not have a way to enforce it. The other problem is the cleanliness of a construction site. They have had several construction jobs in Ginger Creek where they have no interest in cleaning the street in front of the neighbor's property. They would like a central authority in the Village that can be called to make a complaint, so that they do not have to have a confrontation with the neighbor. A police officer representing law and order in the community gets results quite quickly. The police VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 18 December 19, 2005 also have the authority to cite the homeowner or contractor. We need to have the ability to police the construction site. It is the exception not the rule that causes problems. Director of Community Development Kallien said that the work would only be controlled by work being done under a permit. Member Tropinski said that Sunday is a good day for some of the trades so that they can work on Sunday. Work should be limited on the outside. Motion by Member Wolin, seconded by Member Adrian to recommend approval of the proposed text amendment to the Building Regulations with the following revision and condition. 1. Exterior construction work is not permitted on Sundays or Village holidays. 2. If approved, staffing might need to be increased if the board accepts all of the recommendations as presented; otherwise it may not be enforceable. ROLL CALL VOTE: Ayes: 6 — Members Adrian, Iyer, Lalmalani, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 1 — Member Saiyed. Motion Carried. 5, NEW BUSINESS A. FOREST PRESERVE DISTRICT OF DUPAGE COUNTY — 1717 OAK BROOK ROAD MAYSLAKE PEABODY ESTATE — SPECIAL USE — TO AMEND SPECIAL USE S -841 (S1015) FROM 3.34 ACRES to 6.53 ACRES TO ALLOW THE INCLUSION OF THE LEARNING INSTITUTE, FUTURE FORMAL GARDENS AND ALLOW A PRODUCTION KITCHEN Chrissie Howorth, Supervisor, Mayslake Peabody Estate, Forest Preserve District of DuPage County, provided an overview of the request. h-i 2003 the District petitioned to amend the Special Use permit to allow for safer public access to the site and to incorporate the former Retreat Wing, the historic entry arch, the historic prairie garden, the future formal garden, the paved parking lot, special event area and surrounding grounds. The request would have extended the special use area from the current 3.34 acres up to 46 acres. The request was approved by the Plan Commission and Zoning Board of Appeals. In September of 2003 the District withdrew its petition to amend the Special Use Permit in order to complete improvements funded in part by a grant from the Illinois VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 18 December 19, 2005 NEW BUSINESS FOREST PRESER DISTRICT DUPA CTY. — 1717 0 BROOK RD — Si -ROM 3.34 to i ACRES — ALU LEARNING IN: GARDENS A KITC}IIrN Department of Development and Economic Opportunity before the grant expiration deadline. Since that time they have had the opportunity to develop a comprehensive plan for Mayslake, which was approved by their Board of Commissioners on November 1, 2005. The programming aspects of the plan remain largely the same as they were before, but the key difference being that they have substantially reduced the area of their request, as the parking and infrastructure to their entryway and driveway have been completed in accordance with Village Code requirements. Their master plan is supported by a recent survey of DuPage residents, which established that many adults were seeking to participate in educational programs within the district that felt there were limited opportunities for this. They are anticipating that they will meet many of these needs at Mayslake as the plan expands their educational and cultural programming working in partnership with local and regional groups and organizations in addition to continuing with their limited special events and to expand their services to include a gift shop and tea room. Their mission is to promote leadership and the ethical stewardship of our natural and cultural heritage and to encourage lifelong educational and cultural enrichment within the context of an historic environment, As part of their approval process they presented the plans to the public on site during three meetings held during October of 2005. They have received only positive feedback from these meetings. To facilitate the execution of this Master Plan, the District is seeking to expand their current Special Use Permit area from 3.34 acres to 6.53 acres. The expansion would allow the inclusion of the entire Learning Institute (formerly known as the Retreat Wing), the future formal garden and the surrounding grounds. They also wish to amend the Special use Permit to allow for a production kitchen within the Learning Institute so that meals can be prepared on site by approved caterers for the various programs and events. In 2003, the Forest Preserve Board was keen to ensure that their vision for the site was in keeping with their status on the National Register of historic buildings. Throughout their planning and restoration to date they have been in close contact with the Illinois Historic Preservation Agency and following the Secretary of Interior standards for the rehabilitation and guidelines for the rehabilitation of historic buildings as they restore those areas listed on the National Register. They are also in receipt of a letter from the Illinois Historic Preservation Agency confirming that they have reviewed the conceptual master plan for parking and layout of the former Retreat Wing and they have no objection to their proceeding as planned. Their proposed site improvements would include the following: ■ Design and construction of staff offices and artifact storage areas in the Learning Institute. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 18 December 19, 2005 M-12 • Design and construction of a gift shop, tea room and multi - purpose auditorium in the Learning Institute. • Design and construction of a production kitchen for caterers to provide freshly prepared meals on site for special events to support their tea room operation by approved caterers. • Construction of the formal gardens based on the original landscape plans developed for the Estate in 1919. The garden will provide historic cultural and Master Gardening programs in addition to providing a beautiful setting for events and tours. • They plan to improve the quality of the historic Prairie Garden, woodlands, wetlands and lake areas to provide a variety of public environmental programs. • The District will design any new improvements in keeping with the historic areas of the property and with approval from the Illinois Historic Preservation Agency. Further, all improvements will be in accordance with all the Village of Oak Brook building and engineering requirements. She respectfully requested that the Plan Commission recommend approval of an amendment to their current Special Use Permit to increase the size of the special use from 3.34 acres to 6.53 acres. Director of Community Development Kallien advised the Plan Commission for clarification purposes that this request has nothing to do with the Friary property. The Friary is not located anywhere adjacent to this request. One of the reasons that this request is being made is that originally the Retreat Wing was going to be demolished. As the Peabody mansion has evolved they have determined that it is in their best interest to keep it. By keeping it, the site area must be made larger in order to encompass the modifications they want to make. The standards are on page C of the case file. 1. Is the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location. Response: The Forest Preserve district of DuPage County is a public agency as stated under Al. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. Response: The expanded special use area will allow the District to design and construct site improvements to allow public access to the facility and will be designed , located and operated in a manner that protect the health, safety and welfare of the public. 3. Would not cause substantial injury to the value of other property in the neighborhoods in which it is located. Response: The improvements to the Special Use area will not cause substantial injury to the value of other property in the neighborhood in which it is located. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 18 December 19, 2005 The applicant has had a number of meetings with the surrounding property owners relative to this request. No one in the audience spoke in support of or in opposition to the request. Member Tropinski said that the plan looks very good and will be tastefully done because they are part of the National Register for Historic Preservation. She personally and as an architect has no objection to the plan. Member Adrian asked if all the improvements along 31St Street had been completed and whether the landscaping along that area had been completed, because extensive landscaping was supposed to provide to help shield the parking lot. Ms. Howorth responded that the work had been completed, however the Office of Planning for the Forest Preserve District was dealing with that aspect and it was her understanding that they have an arrangement with the contractor because there were some species of trees that would be planted in the spring because they would thrive better. Member Adrian asked if they were confident that when the planting was completed the parking lot would be shielded from 31St. She responded that she was confident with the Office of Planning that it would be completed. A lot of work was done to install shields on the parking lot lights. Motion by Member Tropinski, seconded by Member Lalmalani to recommend approval of the proposed special use as requested subject to the following conditions: 1. Development to be in accordance with the plans as submitted on pages M and N of the case file. 2. All other provisions of Ordinances S -841 and S -1015 remain in full force and effect. ROLL CALL VOTE: Ayes: 6 --- Members Adrian, Iyer, Lalmalani, Tropinski, Wolin and Chairwoman Payovich Nays: 0 — None. Absent: 1 — Member Saiyed. Motion Carried. 5. B. BREAKENRIDGE WOODS LLC — APPROXIMATELY 57 ACRES OF BREAKENRIDGE WOODS LLC - Mi VACANT PROPERTY LOCATED SOUTH OF 35TH STREET AND EAST OF AMENDMENT -T ROUTE 83 — MAP AMENDMENT — TO REZONE PORTIONS OF THE REZONE PORTIO) OF THE PROPERT PROPERTY FROM R -1 TO R -2 AND R -3 FROM R -1 To R -z AND R -3 Walter Morrissey, Morrissey &' Robinson, One Oakbrook Terrace, Suite 802 Oakbrook Terrace, IL, identified himself as Attorney for the petitioner, Breakenridge Woods, LLC, who is the contract purchaser of the property. He also stated that the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 18 December 19, 2005 owner of the property is Institute in Basic Life Principles and are represented by Attorney Robert Barth. Mr. Morrissey provided a brief overview of the request. The subject property is approximately 57 acres of vacant land. The applicant is not seeking relief with respect to the 17.35 acres which are in the eastern portion of the property. The application is focused on the center portion and the center north and south, which contains 29.49 acres seeking R -2 zoning and the western section which contains 10.97 acres seeking R -3 zoning. He said that Dan Callaghan has met with Sandra Martin, Superintendent of Butler School in school district 53. They have had a preliminary meeting and are exchanging information and will meet further in regards to school contributions as contained in the Ordinance. They will also be meeting with Edward Hoster, Assistant Superintendent of Hinsdale High School District 86 for the same purpose. Dan Callaghan, 43 Baybrook and petitioner of this application. He is also chairman of the Architectural Review Committee for Ginger Creek Subdivision. He said that he recognized that his application has great interest by the Commission and those in the audience He understands the map amendment to allow the zoning changes will produce what he considers to be a premier community. The goal is straightforward; he is looking to create a rural and classic neighborhood that would enhance the value of the homes nearby. Some people in the community still do not like Forest Gate, but 6 out of 10 people living there today are people that had already lived in Oak Brook. He believes that is a direct correlation that there was a real need that alternative housing for our growing aged resident in Oak Brook wanted something other than a townhouse or condominium, of which to finish the balance of their active years and Forest Gate has provided that. His father Dave Callaghan is also 'an Oak Brook resident, and they have achieved a solid record as being quality builders and developers. They build to higher standards and have built in Burr Ridge and Clarendon Hills. They thought long and hard about this property prior to purchasing it. The property is surrounded by lovely areas such as, the Forest Preserve District, Breakenridge Farms, Hunter Trails and some portions not included in these areas. They also had to consider the negative impact of Route 83. On the other side of Route 83 the Village of Westmont chose high density commercial, which includes office buildings, restaurants and a car dealership as being in the best interest of transitional zoning from the impact of Route 83 going west that goes into the multi- family and single family housing. He does not believe that commercial zoning on this property is appropriate. Under certain circumstances with the roadway system might warrant some multi - family housing along Route 83. They studied probably at least 14 different plans, so what is being proposed they believe is what would be in the best interest of the community. It is difficult for him to understand the opposition and why. He believes his experts will expound upon his vision and it will become quite clear to the Commission as to why his application is in the best interest of the Village as well as the community. The development will increase the property values of those VILLAGE OF OAS{ BROOK Regular Plan Commission Minutes Page 7 of 18 December 19, 2005 that surround it. The current taxation on this property is not a benefit to the community. They believe it is consistent with the standards that are set forth in the application that address the LaSalle factors. Allen K.racower, Allen L. Kxacower & Assoc., Inc., 1001 Johnson Drive, Suite 200, Buffalo Grove, IL, said that he is a planning, zoning and real estate consultant and has practiced in excess of 35 years. Prior to that he held the position of Special Assistant to the Administrator of the United States Department of Housing and Urban Development. He provided further background information regarding himself and his firm. He reviewed the land planning for the property through a power point demonstration reviewing the following: • Project Location: 57 acres and identified all the surrounding subdivisions. + Zoning Amendment Factors: stated that these are very important in zoning cases all. Over the years the courts in Illinois have tried to eliminate the personal and emotional opinions and to be able to sort out zoning to some relatively general standards which are these factors which will be addressed. • Governmental Jurisdictions: The subject property is surrounded by multiple communities. The neighbor to the immediate west is Westmont and to the south is Hinsdale. • Community Facilities: Include Brook Forest School, Village Hall, Butler School and Hinsdale Central High School. • Zoning of Subject Property and Nearby Properties He reviewed each of the zoning districts surrounding the property so that the consistency of the zoning is understood with respect to their request and to show if it is consistent with zoning patterns. The subject property and the property directly west are zoned R -1; to the north is R -2; to the west is Westmont which has multiple uses from business, manufacturing, office, which occupies the entire northwest quadrant of Ogden Avenue and Route 83 and consistent with the Route 83 corridor. Route 83 is a six lane arterial highway. It currently carries 65,000 vehicles per day. The heaviest and most intensive land use is Route 83 and has an impact on how land should be used. The southern boundary is in Hinsdale, which contain 25,000 square foot lots. Hunter Trails to the north is zoned R -2. Breakenridge Farms has a relationship between R -1 and R -2 zoning. They are leaving R -1 alone and they will be using R -2 next to R -1. They will be formulating almost a typical textbook transitional land use case. The zoning that follows Route 83 should be followed. The only parcel along Route 83 that is R -1 is the subject property. • Character of the Neighborhood. He identified each of the pictures: 1. Two warehouse type buildings at the end of 35`x' Street; 2. Hunter Trails entrance (1 acre) 3. Across the street is office buildings on the western boundary; 4 DuPage County Forest Preserve; 5. A home in Breakenridge Farm.; and 6. Stable facility (special use). The trend of development is the development VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 18 December 19, 2005 over the sequence of time and how is zoning and development changed over time. * 1959 Zoning Map Village boundary and zoning: The majority of the property was R -1. The subject property was not in the Village at that time. As Route 83 and I -88 changed over time and has changed dramatically over 20 years. Ginger Creek became R -2, Brook Forest became R -3, Briarwood became R -4 (multi- family), and on the east side of Route 83 along I -88- became ORA, McDonald's took over some of the R -1 and it became ORA. Forest Gate went from B -1 to R -3, which is cluster single - family. All the R -1 in the Oak Brook Golf club and Polo remained R -1, but it is no longer suitable or available for development. The same applies to the Butler Golf Club, Hunter Trails remains R -2 as one acre parcels. There were some smaller areas, such as York Woods went to R -3 and some other smaller R -2 parcels. In 1966 the Village annexed a substantial amount of property, including the subject, property. At t hat time the Village amended its zoning ordinance. Midwest Club and Trinity Lakes was given R -3, Mayslake was given CR, Saddlebrook was given R -4, but the subject property was annexed in 1966 and was approximately 235 acres. Except for a few small areas it became the last remaining vestige of R- 1 in the Village. It was the only place along Route 83 that kept the R -1 zoning, probably because no one was trying to develop it. From a planning perspective, it became somewhat of a vestige of the past in context of all of the development patterns that exist throughout the Village. There are developments of every type throughout the Village. • Comparison of the Route 83 corridor: It compares Route 83 and the development around it as it occurred from 1940 through today. • Municipalities Along Route 83 without 1 acre zoning: They could not find any 2 acre or 1 acre lots 24 miles north or 7 miles south. The highway has dramatically impacted land use; and it should. • Residence District. G -60 the ordinance of the Village. "A. Preserve and further promote low density single - family detached dwelling neighborhoods consistent with the predominant character of the village." Every area is different in the village. "B. Encourage the development of medium density single-family detached dwelling neighborhoods where it is possible to employ modern, efficient land planning techniques with smaller networks of utilities and pavements" Forest Gate and some of the townhouses west of Route 83 are an example of that. "C. Provide for the economically sound and aesthetically pleasing use of areas characterized by their proximity to heavy traffic, the regional shopping center and light industry, including the use of town houses and garden type low density multiple- family dwellings." From a planning perspective what is important is that the actual ordinance says to "provide for aesthetically pleasing use of areas characterized by their proximity to heavy traffic "; it does not say large lot estate housing because he believes the planners event at that time recognized that was impractical. • Proposed Rezoning. 16.54 acres directly adjacent to Breakenridge Farms is VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 18 December 19, 2005 t a�1 remaining the same and is not the subject of this petition. It will serve as a buffer with comparable consistent housing and the same lot size as Breakenridge Farms. The middle 29.49 acres of the property is proposed to be rezoned to R -2, which is 1 acre zoning. The northern boundary is consistent to that with Hunter Trails with 1 -acre lots. The change in land use between the R -1 and R -2 is internal to the property; it does not happen on the edge of the property and does not impact any other property. The last section of 10.97 acres is proposed to be R -3 zoning. It has no impact on anyone. It does not impact Route 83, Hunter Trails or Breakenridge Woods. It is textbook zoning and as clean as can be in the zoning world. There is not one practical issue in regards to land use that would impact any other property. Permitted Uses and Special Uses. It is important to understand that in the R -1 zoning there are many other higher density zoning that could be on this site. All those permitted and special uses are far more intense that what is being sought. Concept Land Plan for Breakenridge Woods. 12 lots in R -3, 25 lots in R -2 and 7 lots in R -1. It will produce about 17 more lots than the current zoning. The supplemental land use is very significant. Mr. Callaghan said that when he looked at the site originally, Route 83 was and is his biggest concern. He designed a loop road system, which allows you to have a road along the outside and all the houses on the inside. He would not want to buy a lot up against Route 83, therefore the loop road system so that the west loop road borders approximately 40 -50 feet off of the forest preserve trail corridor. When driving down Route 83 in the winter you can see into the site and how insignificant the 50 -foot border really is, so they have added a berm. It reduced 7,000 to 8,000 square feet on the lots bordering on Route 83 in order to accomplish the berm. The berm along the west property line will not only benefit his property, but those to the east of him because it will decrease the road noise. Although it is not a requirement of the Village any quality trees of 10 inches and greater on the site were tagged, and preserved. They have located 1800 trees on the site, costing around $30,000 because he believes it is important to do so. It is impossible to think that someone is going to buy a 2 -acre site along Route 83. He is looking to build a neighborhood that will be part of the pride of this community when it is completed. Given the conditions of the accessibility of the site, there is no access to Route 83, Hunter Trails, Breakenridge Farms or the forest preserve to the south. The Code requires an emergency secondary access from a subdivision. He has proposed one that connects to Breakenridge Farm Road. An easement exists on the road for the use of emergency vehicles. Currently Breakenridge Farm does not have a secondary exit or access. It allows the emergency vehicles in the case of an emergency to have an alternative road. The emergency access road could only be used for emergency VILLAGE OF OAK. BROOK Regular Plan Commission Minutes Page 10 of 18 December 19, 2005 purposes unless the village chose to condemn the roads. He has reviewed the site with the Fire Chief and the Director of Community Development felt that this was the best -case scenario. He would be willing to install an emergency gate system on the Breakenridge Farm Road side. At the time of the plat process, he would propose that he would provide grass block pavers so that it would look like grass, not a street. John Ryan, Ives Ryan & Associates, 1801 -A North Mill Street, Naperville, IL 60563 reviewed the Landscape Design Details. The custom paving will give the country estate feel of this development. They are intending to develop a significant buffer along the west property line. They will develop an approximately 25 foot in width and 10 foot in height. They are proposing a concrete feature on the Route 83 side and a shorter wall on the residential side between 18 -42 inches tall. The differential is intentional so that they showcase the landscaping to the residential side. Because of the size and height of the berm will provide a significant buffer to the community from site as well as noise abatement. The pavers are textured and look like old world stone pattern. This will be a significant to this development as well as to the one to the east. Jon Green, Partner and Principal with Engineering Resource Associates, Inc. 426 South Third Street, Geneva, IL 60134 reviewed the civil engineering on the site. His firm is one of the lead stormwater consultants with respect to stormwater and environmental planning that is enforced and regulated in the Village with respect to the DuPage County Stormwater Code. Water Main: The site is currently served by public water main. The Village of Oak Brook is a member of the DuPage Water Commission and there is water main along Route 83 and 35th Street that would serve the subject property. There is a water main within the Breakenridge Farm Subdivision in the existing easement that Mr. Callaghan pointed out. The Village requires a water main loop whenever possible, due to public safety and health to boost the water pressure and flows. The current Breakenridge Farm development has stub dead end water main that is not a looped system. The proposal for the development will include installing a looped water main through the project and interconnecting beneath the Bronswood Creek into the Breakenridge Farm Subdivision, thus completing the loop of a current substandard system. Sanitary Sewer: The subject project is serviced by the Flagg Creek Reclamation District and has confirmed that that water treatment plant and the downstream sanitary sewer lines that exist today do have adequate capacity to service the proposed development. Due to the creek along the eastern property line the subject property will require a sanitary lift station and will be designed in conformance with sanitary district and local requirements. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 11 of 18 December 19, 2005 Stormwater and Floodplain: There is an existing natural corridor along the east property line and is formally known as the Bronswood Cemetery Tributary North Branch and runs north and south. There is existing floodplain in the creek bed and more or less is contained to the creek bed itself There is a line of mature vegetation and plantings that they plan on preserving within conservation easements. With the exception of some minor maintenance and clean up the creek bed will remain in its current form. The proposed subdivision will comply with the village stormwater regulations. There will be a series of stormwater detention ponds with shallow water that will comply with county and local ordinances. Any wetland areas will be preserved. They are all located within the R -1 District and are not part of the zoning change tonight. Luay R. Aboona, PE of Kenig, Lindgren, O'Hara, Aboona, Inc., 9575 W. Higgins Road, Suite 400, Rosemont, IL 60018 reviewed the traffic study. Locally 35th Street will provide access to the site. It is a 2 -lane road about 18 -feet wide its intersection with Adams is under stop sign control and the traffic on Adams Road has the right of way. Traffic counts were condpcted at the critical intersections that will be generated by the development. They were conducted at: Adams and 35th, Adams and Spring Road, Spring Road and 31 St and Adams Road and Ogden Avenue. The counts were done on morning weekday peak period and an evening weekday peak period. The counts indicated that the peak hours occur between 7:30 and 8:30 in the morning and between 4 :30 and 5:30 in the evening. They found at the intersection of Spring and 31" street, even though the northbound left turn west is prohibited, there are people that are violating the restriction. In the reserve in the evening it is not violated because they are physically restricted due to the gate. The left hand turning movement from Spring to 31St Street is operating at a borderline level of service D and E. D is acceptable; E is a little longer than desired. The reason the delays are occurring there is due to the traffic on 31" Street. On Ogden and Adams the situation is worse because Ogden handles much more traffic than 31St street. The left hand turning movement is very difficult to make and people do avoid it in the area. They anticipate that condition will continue. The intersection at 35th and Adams Road and Adams Road and Spring road the traffic is not significant enough and both intersections are operating at excellent levels of service. There is plenty of reserve capacity to accommodate any other traffic that might occur in the area. They estimated the traffic that would be generated by the development. They rely on trip generation rates that are published by the Institute of Transportation Engineers, 7th Edition. Anticipating the development of 44 homes, the rates indicated that it would generate about 40 trips in and out, in the morning peak hour and just under 60 trips in the evening peak hour. That translates to about 1 trip per minute. Given the low number of units the traffic will not be significant on the area roadways. At 35th and Adams there will be no substantial delays and the level of service will continue to occur. The same applies to the intersection at Adams Road and Spring and Spring VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 12 of 18 December 19, 2005 mo-00- - and 31" Street they do not see or predict any variation in the level of service E. The delays will remain about the same. At the intersection of Ogden and Adams Road there will be an increase in delays simply because traffic on Ogden is high. Most of the traffic exiting Adams would be right hand movement going west and the reverse in the evening. Impact on 35th Street, which is a two -lane 18 -foot road based on their evaluation will be adequate to accommodate the additional traffic from the proposed development. The developer is willing to work with the Village if requested to potentially widen the road an additional 4 feet so that it is wider to Adams Road. The comparison what the proposed development in terms of what could be developed will be a minimal impact. Steven Hovany, President, Strategy Planning Associates, 1350 Remington Road Suite J, Schaumburg, IL 60173. Reviewed the fiscal impact of the development. The homes would range in price from 2.3 to 7 million dollars and yield approximately 166 people. The elementary school population would be roughly about 29 children and 15 children in the high school. The actual yield from single - family homes in the area is about 1/3 of these numbers. The actual experience seems to be somewhat less, but the numbers were done in agreement with the ordinance. With operating revenues of about $481,000 and operating expense of about $302,000 this will be positive to the school district. The total taxable value that is added to the school rolls is about 56 million dollars. New housing will continue to pay on the bonds that the elementary district has now issued and payments to that will be about $50,000. The high school district operating revenues will be about $675,000 and expenses of about $165.000 so there is a $500.000 surplus. The sum of the fiscal analysis is that this is a very expensive project and low maintenance with being gated and private streets so it pays its way. There will be no negative impact on the school districts and will enhance the over all tax base of the community. The market study shows 3 size lots and is a lifestyle decision that each of the lots provide. They found that there are a lot of differences for lot sizes. They found that there is a market for 1 -acre lots, and there is more demand for the smaller lot. They believe the smaller lots will be much more desired by the empty nester. They evaluated the resale market and feel this is one of those rare occasion where you can combine lifestyle choices and will capture a large share of the market. They feel the project could build out within 5 years and will be successful. They are bringing housing types and styles in a mixed community that meets a broader demand. The lots are not readily available elsewhere. They feel this meets a local need and the variety given provides housing options that are not available in the community readily. Maureen Butler, H.J. Frieh & Associates, 1550 Spring Road, Suite 120, Oak Brook, IL 60523, real estate appraiser said that one of the most important rules in real estate is location. Based on these rules she would have a very difficult time selling a 2 -acre VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 13 of 18 December 19, 2005 lot on Route 83. If you have a smaller lot along Route 83 it will sell. On Route 83 today, it takes 275 days to sell a home in the proximity of Route 83. She has seen the Midwest Club and other developments come into the community and not once has any of the developments been a detriment to the community. Since 1968 properly values have remained steady and gone up. This development will allow the property values to remain steady and go up. Michael MaRous, MaRous & Company, 300 S. Northwest Highway, Suite 204, Park Ridge, IL 60068. He reviewed the reports and opinions of all the experts this evening and the trend of development along Route 83. He also reviewed the ordinance. He reviewed the sales of the subdivisions in the Village. Estimating the values of these properties, the parcels along Route 83 the price range would average around 2 million dollars, the 1 -acre lots over 3 million dollars and the 2 -acre sites would be generally over 5 million dollars. Walling on the site there is no disputing there is noise from Route 83. The berm should help the sound. He looked at the situation when Forest Gate was developed and what impact it had on Hunter Trails. Reviewing the sales before and after that development they did not find any negative impact on the prices. What they did find was velocity and prices matched or exceeded the general percentage increases in the Oak Brook market at the same time. They also looked at sale resale in Brook Forest compared to Briarwood and it was the same issue. They looked at residential land sale in the market and found that this area has a strong demand. There have been a number of teardowns in Hinsdale and it is beginning in Oak Brook and will continue. In his conclusions, 2 -acres lots on Route 83 are not an appropriate land use from a market standpoint. To sell homes there for 4 million+ on Route 83 would not be successful. The planned buffering and landscaping and the quality of the development will be a benefit to Oak Brook. The traffic will not be a negative. There is a very strong demand for good quality single - family development in this area. The proposed development is keeping with the trend of development in the area as well as the Comprehensive Plan and is consistent with the quality and character of the existing single- family development in the area. The proposed development will not be detrimental or injurious to property values in the vicinity of the proposed development. In his opinion, when developed will have a positive impact on values in the subject area. Mr. Kracower summarized that they have testified to all Zoning Amendment Factors. All the experts have proven the case that the evidence is strong that there is no significant adverse impact. They have provided planning testimony, valuation testimony, practical real estate testimony, market testimony and in that respect have complied with the all of the standards in the Village of Oak Brook Zoning Ordinance. In Illinois law there are the LaSalle Factors. The only one that is different from the Village standards is number 6, which is the length of time the property has been vacant. Obviously it has been vacant for a long time; it has been undeveloped in its R -1 status. That in itself says a lot. Perhaps it wasn't on the market or made available, but not the less it does remain vacant. The Sinclair Pipe case the only item VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 14 of 18 December 19, 2005 that is different from the Oak Brook standards is number 2, which states; the care with which the community has undertaken to plan its land use development. Some communities plan by Ordinance, Zoning Ordinance or Comprehensive Plan. The care to which has been taken is that which has been taken by the board and what ultimately will be passed onto the Zoning Board of Appeals and ultimately to the Village Board. Hopefully the information provided will enable the Commissioners to make a well - informed decision. Mr. Callaghan thanked the Commission for its time and patience and he understands this is not an easy matter and requested they ask any questions they may have. Chairwoman Payovich announced that the 3- minute limit would be enforced. Ray Allen, 1017 35th Street, said that he also worked on the petition some years ago to prevent dormitories from going up on the same property. He said that the developer talks about protecting the rural area, but they tall{ about widening the road and where there are 9 units existing they are talking about adding 166 people to the other end of 35th Street. During their first community meeting with Mr. Callaghan, he told them that if he did get what he wanted in the Village, then he would petition to Westmont. They also talked about R -1 being a vestige of the past, it is a rural area. They testified that very little or no R -1 zoning exists along Route 83, so there shouldn't be any. They talked about a gated community, which is fine, but is that in keeping with the horse barn next door? He asked everyone to take a trip and drive around the area. Frank Krohn, 1010 35" Street, said that he has petitions signed by over 1070 residents in the Village of Oak Brook and will try to supply it at the next meeting. There are as many people signing the petition that voted for the Village President in 2003. The people do not want the zoning change. There is no objection to building 23 homes on the property under the 2 -acre zoning. There is objection to building 44 homes. He considers it his solemn responsibility to try to make sure that the voices of all the people that signed the petition are not ignored by Village government. Please give consideration to all these people. He thinks it is remarkable that you can get over 1000 people to agree and sign anything and all those people want to maintain the existing zoning on the property. The reason that it was so easy to have people sign the petition is that they ask themselves what is the benefit to the Village to higher density zoning on this property; and then they come up blank. The only real benefit to higher density zoning on this property when it comes down to it is to the financial return of the developer. He showed an address map of the people and where they come from. Skip Mungo, 135 St. Francis Circle, said he has been a resident for 4 years, although his family moved here 30 years ago. He did not grow up here. He said that he does not have the passion or emotion that a many of people have about this issue. He did not sign the petition but he came -to the meeting objectively to try to better understand VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 15 of 18 December 19, 2005 what the issue was and make an understanding of what was presented. He is not adjacent to the property and not really impacted by the decision that is made. He thought it was in his best interest to try to understand objectively what a person not adjacent to the property would feel. There were 3 things that he came away with. There is some degree of an issue with Route 83. He sees it as an issue to expect 2- acre parcels on Route 83. It is not a reality or realistic to think the properties would be able to be sold on Route 83. The power points provided great information and beneficial, but he also looked at this from the fact that he looked at it from a consistency issue, credibility issue, and an economic issue. He looked at this from the fact that there is an economic value to him as an Oak Brook resident to see the property developed as proposed. It is important that the developer is credible from the other projects he has done, so those things were taken into consideration. He has friends in the adjacent areas and it is not meant to cause any issues between them. He tried to take a look from a more objective perspective. Oak Brook is a changing community and offers diversity. Over the 30 years he visited here he saw many changes in Oak Brook and many of these properties were very rural and beautiful wooded areas that have developed into very beautiful subdivisions. John Prunkl, 613 Marian Square, is a parent with children that go to Butler School District. He does a considerable amount of volunteer work for the school district. At a recent board meeting it was apparent that the board had not spent enough time trying to understand this development. The school district has hired a law firm that evaluates and works with school districts to help them understand the impacts of a larger development versus a smaller development. They have not taken or come to any conclusions; it is still in the evaluation phase. It was mentioned earlier that there was a preliminary meeting, it went fairly well, but they will continue to do their analysis and will come and present their conclusions and the next commission meeting. One of the jewels that Oak Brook is the school system. It is extremely important to the parents that student teacher ratios remain the same. This development could still have a large impact on the school district, which has a total of 500 students. The message is that the school district is trying to do its evaluation fairly and all parties are really interest in how this will impact the school district. Hope Sabbagha, 408 Bridgeway Court, and on January 0' they will move into their new property. They bought over 7 acres of property and divided into 3 lots; each lot is over 2 acres. They felt it was important to maintain the image of Oak Brook. She is a little nervous about this development because of what they were trying to create and they still have one lot to sell. They purchased the property for several million and they are close to I -294 and it did not deter them from buying the property. She does not believe that you cannot make a blanket statement that people won't buy 2 -acre parcels next to busy streets. The development looks beautiful and they have a lot of great graphics but as they try to be objective they cannot think of a compelling reason why it should be rezoned. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 16 of 18 December 19, 2005 Tom Cox, 701 Deer Trail Lane. He lives in Hunter Trails and his back yard backs up to the development and his father lives across the street from him. When he told his father about this development, he thought it was a great idea and said it was a great use for the land and supports it; so does he. It is a great idea. He does not think it will negatively impact the value of his property and thinks it will add value to it. It will bring more people to the community and he supports it. Mario Vescovi, 3625 Madison Street and is also the President of the Fullersburg Woods Homeowners Association. Over the years they have discussed the uniqueness of Fullersburg area. Thinking back historically Paul Butler's dream of open land is critical to this process. The land south of 35th Street is rather unique; most of those properties are between 2 and 4 acre lots. He went to the meeting that Mr. Callaghan had in August and he asked why he should be held to a higher standard. That land is probably the highest standard of open land available and it will be developed eventually. They are asking the Commission to consider, Paul Butler vision and passion for open space. Rezoning it to a higher density exacerbates what he intended. Mr. Callaghan purchased the property knowing it was two acre and they are hoping that it remains 2 acres. Hopefully there will be some changes in his development plans, He asked that the Commission to look at the preservation of the land and to consider that. Sam Martel, 15 Heather Lane, has lived in Oak Brook since 1967 and has seen this town grow from 2500 to close to 10,000. If 1,000 people have said no, that leaves almost 9,000 that say yes. There is plenty of open space in this area. He was here when Paul Butler offered the Polo Grounds and everyone fought that and said that he wanted ridiculous money and look at the property today. DuPage County has plenty of open land and we have plenty of open land. The property should be developed and considerations for problems there should be taken into account. Bob Lindgren, 1020 Birchwood Lane. He said that the there was talk about character which is much more than the buildings, remind everyone to drive or walk back there. There is a lack of traffic, and to look at the flora and fauna and general open space. It is not just determined by the density of the village, vestige of the past argument can be made both ways. The vestige of the past is what gives Oak Brook its heritage that is why Oak Brook is more like Barrington than Schaumburg. You get the feeling while listening this evening that Route 83 defines the character of the area and that is not the case. The access to the site is 35th Street not near Route 83 and is far from being the defining character. 2 -acre zoning is one of the unique calling cards of Oak Brook. You have to go far to find 2 -acre zoning, not just down Route 83, if you want to follow that argument. We have a choice to be different from other communities and support keeping the property as 2 acres. It has not been on the market for long; it was part of the Institutes previous master plan application and was also subject to condemnation proceedings. He added that it sounds like a lot of chutzpah to say that it has not been developed due to the zoning. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 17 of 18 December 19, 2005 Chairwoman Payovich thanked everyone for attending the meeting and with, the consensus of the commissioners the matter would be continued to the January meeting. Motion by Member Adrian, seconded by Member Iyer to continue the hearing to the next regular Plan Commission meeting on January 16, 2006. 6. OTHER BUSINESS There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Adrian, seconded by Member Wolin to adjourn the meeting at 10:33 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, B111rectpe,16f Community Development Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 18 of 18 December 19, 2005 OTHER BUSINES: ADJOURNMENT