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Minutes - 05/04/2004 - Zoning Board of AppealsMINUTES OF THE MAY 4, 2004 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK AS WRITTEN ON JUNE 1, 2004. 1. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Zoning Board of Appeals was called to order by Acting Chairman Mueller in the Samuel E. Dean Board Room of the Butler Government Center at 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Acting Chairman George Mueller, Members Richard Ascher, Robert Sanford, Manu Shah and Steven Young ABSENT: Chairman Champ Davis IN ATTENDANCE: Trustee, Stelios Aktipis, Trustee Susan Chase Korin, Director of Community Development, Robert Kallien, Jr. 3. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF APRIL 6, 2004 Motion by Member Sanford, seconded by Member Shah, to approve the minutes of the April 6, 2004 Regular Zoning Board of Appeals Meeting as written. VOICE VOTE: Motion carried. 4. UNFINISHED BUSINESS: There was no unfinished business to discuss NEW BUSINESS 5. NEW BUSINESS: A. OAK BROOK PARK DISTRICT — 1450 FOREST GATE ROAD — OAKBROOKPARK DISTRICT- VARIATION — ZONING ORDINANCE SECTION 13 -3 -8 — VARIATION - zO- STRUCTURE HEIGHT — ALLOW BASEBALL FIELD LIGHTS TO 70 SECTION 13-3-8- BASEBALL FIELD FEET LIGHTS To 70 FEET Tom Truedson, President of the Oak Brook Park District Board of Directors, 39 Devonshire Drive and Tom Suhs, Executive Director Oak Brook Park District, 9112 Tulley, Oak Lawn were sworn in by Acting Chairman Mueller. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 16 May 4, 2004 L� Mr. Truedson said that as a resident of Oak Brook he has an interest in seeing that the community is well represented and as a Commissioner of the Park District represents all the residents in the community. They are seeking to add ball field lights to Ball Field 1. Ball Field 1 is the original field with the Oak Brook Park District from the late 1960's. About 10 years ago lights were added to Fields 2 and 3 and at that time the intention was to add lights to all the available fields, but the funds did not allow for that. The Little League approached them last year to install the lights. Their response at that time was that it is would be a major expense and asked what funds they could provide. The Little League has raised and is contributing $25,000 toward the installation of the lights. The Park District was able to apply for a State Grant, which resulted in $55,000 in grants, so there is about $80,000 in outside funds to provide these amenities. The field needs lights because of the ages of the kids that want to play there. The limitation of this type of field is very unique in the western suburbs. There is a great deal of need and want by the Little League to play on this field. It is the right time and there is a need so the Park District Board is endorsing the proposal. They also understand the needs of the neighbors in Forest Gate and want to do everything possible to accommodate them when installing the lights. They want to address some of the issues raised on April 30, 2004. Mr. Suhs said that the intent of the lights is due to a request that came to the Park District from the Oak Brook Little League. They have indicated that their program has grown and that the children within the program are now at an age where they are playing in the Colt and Pony leagues, which specifically require a regulation ball field. The children are 11 years and older. The current lighted fields (Fields 2 and 3) at the Park District are not regulation ball fields. They are based on a 60 -foot base path. Field No. 1 is a regulation baseball field, which is based on a 90 -foot base path, and has a 300 -foot outfield. Fields 2 and 3 have a 200 -foot outfield. The Oak Brook Little League has indicated that their children are maturing to the point where there is a larger need for the use of the field, and they have gotten into situations where they do not have enough field time and the lights seem to be the best resolution. They had requested a variance for two fields, but are only seeking to light one field. The discussion had included Field 4, but the Park Board along with the Oak Brook Little League has decided not to pursue that so they are only seeking lights for one field. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 16 May 4, 2004 s� They are proposing that there will be six light standards on Field 1, and the issue that came out of the discussions with the meetings with the Forest Gate homeowners specifically regards one light in the left field outfield. The poles they are erecting are proposed to be 70 feet. During the meeting with the homeowners, they did say 80 feet, which was incorrect. The poles themselves are actually 80 feet long, however 10 feet of the pole is imbedded in the ground. The height of the pole will be no more than 70 feet, which is the current height of the existing poles. At this point, the Oak Brook Little League will primarily use the lights and there are two traveling teams that are made up of 100% Oak Brook residents. The schedule the teams follow runs from April l5t through the middle of July. The existing lights are to be turned off by 10 p.m. They are anticipating that the usage of the field lights will be strictly on weekdays and they are not anticipating a lot of evening weekend usage. Currently the existing lights are turned on and off manually. When the games are completed the lights are to be turned off. Because of the age of the participants the games will run to 9 -9:30. Having 6 standards for the lights is based on the standards produced by the National Little League Foundation. This means that each section of the fields has to be lit at a certain amount of candle foot power. The configuration they are suggesting at 70 -foot height accomplishes that requirement. The lights are there to light the baseball field alone. They are aimed, footed and focused to fill certain sections of the field. Two of the standards are going to have 6 light fixtures and four of the standards will have 8 light fixtures. The Oak Brook Park District has met with the Forest Gate Homeowners Association and there were a number of points under discussion. A letter was given to the Zoning Board from the Forest Gate Homeowners Association and they brought up 5 points they wanted addressed. The Park District has responded to those points. The issue of the variance requested is for the height of the poles. Based upon zoning, they do have the ability to go to 55 feet; they are seeking an additional 15 feet for the light standards to allow them to be 70 feet for the purposes addressed. Acting Chairman Mueller swore in all witnesses providing testimony. Ed Squire, 9 Forest Gate Circle, said that he has been a resident for 2%z years and his property borders Forest Gate Blvd. and looks right into Baseball Field 1. He said that he was asked by Dan Callaghan, who is the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 16 May 4, 2004 developer and board member of the homeowners association, to present a petition signed by the residents of Forest Gate requesting that the Zoning Board of Appeals postpone voting regarding the Park District lights and to allow further discussion with the Park District to allow their designers to resolve their concerns. The petition was entered in the record. Some of their concerns are that the lights in the center field area would be facing south directly into the view of most of the homes in the Forest Gate Subdivision. Other issues is the parking on either side of Forest Gate Road, kids are darting in and out of the cars. There are no lights on Forest Gate Blvd., which is another safety issue. They would like them to go back to the engineers to figure out how to project the lights into center field from the sides. They would like to see the lights set to go off automatically, that way the lights will not be left on all night, like they were last week, which also costs the town money. The lights are also going to create additional inadequate parking. Gail Johnson, 10 Forest Gate Circle, said that her home faces the baseball field. She submitted 3 pictures of the field from last Friday night and she said that it is very bright. If more lights were added it would be that much brighter. She said that she is not opposed to the lights or the Little League; she would just like to see the lights reconfigured so that they will not shine directly onto Forest Gate properties. She also asked that the lights be placed on automatic timers. Bruce Hamilton, 10 Heather Lane, President of the Oak Brook Little League Program, apologized for the lights being left on Friday night. Over the past 2 years he has been unaware that the lights had ever been left on before. (Some residents disagreed and noted that this has happened before.) He said that it has never been communicated to him that the lights were ever left on. The managers are the only ones that receive keys to operate the lights and it is stressed that they turn off the lights. They have taken additional proactive measures to ensure that it does not happen again. He has contacted the police department and given his name as the contact person in the event the Center is closed. He has also spoken with the managers and coaches and told them it is a privilege to use the lights and that failure to turn off the lights after a practice would result in those managers losing that privilege. He agreed that a timing mechanism is a good idea. He was surprised to learn that the Oak Brook Little League has been a part of Oak Brook for 35 years. Baseball games have been run on those same fields for the past 35 years. Oak Brook Little League provides VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 16 May 4, 2004 a great service to the children of Oak Brook. It is a time to bring the kids together over the summer and provides parents an opportunity to meet one another in an outdoor setting, and provides families times to interact in the summer. The program continues to grow. There are 155 to 160 Oak Brook resident children that play baseball each summer. There are several fields that kids up to the age of 12 can play on. There is only a single field in Oak Brook that children 13 and older can play on, which is Field 1. Their interest in the program has doubled each year since 2001. There is a growing interest in children over 13 to continue playing baseball and they are looking to meet that need. With the limits on field availability, having lights effectively doubles the amount of field time that they have for those kids. The lights would provide that needed field time, which is the reason that Little League took a proactive step to ask the Park district if it would be possible to add lights to Field 1; and to approach the sponsors to see if they could help with the costs. The other fields are designed for the younger children. The older kids would be hitting balls out onto Jorie Blvd. if they used those fields because they are not designed for the older players and cannot accommodate them. They appreciate that the residents in the Forest Gate Subdivision value the Little League program and they do want to take steps to make sure that whatever is done, is done in a way that everyone feels good. He would like to see a decision made at this meeting, because if the decision is differed, it would impact another season without lights on that field. They hope for a positive decision to the Park District proposal. Wally Miller, 13 Forest Gate Circle, said that he is also in favor of the Little League, and noted that parking is a serious issue on the site. He asked if baseball has been here for 35 years, why has it taken so long to get lights. Why do they want lights now? He bought his home that was advertised as a senior development. They all have grandchildren and love children, but there are property values at issue here so they are concerned about that, along with the lack of parking. This not only affects those that live on the perimeter of the park, but the whole area. The way Wrigley field is laid out the lights face the lake and that is major league baseball. Why can't there be a plan to face the lights in another direction. If the lighting is adequate what is the difference which way the light comes from? Without some sort of evaluation or further study, he would not like to see a decision made. Pat Heraty, 32 Sheffield Lane, said that he has been involved with baseball for the last 10 years. Over that time they have been able to get a better program for the kids. The kids are more competitive at a younger age and VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 16 May 4, 2004 are able to have a chance at competing at a high school level. That is very important to all the kids in the program. There are another 25 or so kids that are over the Little League level playing competitive baseball from Oak Brook. They are more focused and better. In an effort to continue to strive for excellence for the kids they have to be able to play against competitive teams from other locations. Ernie Karras, 75 Forest Gate Circle said that he received an information packet from the Park District and the lighting schematic shows that there will be 44 high beam lights lighting the fields, which is more than double the lights lighting Fields 2 and 3. 22 of the lights are facing southward, southeast, southwest and south. He asked how could lights be focused downward and focused at quadrants in the center? There will be a lot of reflection off the ground. 22 lights at night facing your property is a lot of lights. He asked if anyone has done a photometric study to determine the amount of light leaving the Park District property heading towards Forest Gate, if not it should be done. They want to maintain the character of the community and this type of lighting will alter the character. He asked the Board to delay any decision in order to get a more intelligent analysis of the lighting. Mr. Squire said that if they started playing one hour earlier, it would save everyone a lot of trouble, money and time, because they would finish an hour earlier. Mr. Hamilton responded that starting at 5 p.m. is not practical; many of the parents and coaches cannot be there that early. Mary Carol Chrisman, 73 Forest Gate Circle, said that she is a realtor with ERA in Hinsdale. She was asked to speak about the adverse effects of the lights on property values. No one is arguing the fact that there should be a place for the children to play. However, she does not believe it is fair to ask for all of these things to happen that would have an adverse effect on real estate values. When they purchased the property it was not disclosed that there were going to be towering lights. All of sudden this comes up and they were not made aware of it. From a real estate perspective it would hurt property values on that side of the street. Many of the people are enjoying their properties on the weeknights because they are retired and want to make use of their patios without having lights glaring. Before anyone can make a decision that could adversely affect their property, in that when the property values start to fall, it also brings property values for the comparables down for the entire Forest Gate area. She does not feel VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 16 May 4, 2004 that it is anymore fair for that to happen to them, than it is fair for them to say there shouldn't be anymore Little League. Most of the people at Forest Gate believe there should be some sort of compromise regarding these lights. The lighting issue was brought to their attention only about 1 -'/2 weeks ago. They were advised that it would be voted on this evening. She asked who the "our lighting design firm" was. They would like another firm contacted to see if they could come up with an alternative plan. It is not fair to rush this matter through this evening. She questioned, that in material given to them from the Park District, it states that, "in the 10 years the existing lights have been in place, the Park District has rented the fields perhaps 10 times for outside groups to use for athletic events." She said that during their meeting they were told it was only going to be used for baseball, not "athletic" events. They also stated "they do not anticipate that there would be that much demand." She said that seems pretty ambiguous as to what that means. She also expressed concern over the parking on Forest Gate Road and the safety for the children and requested additional time to get a second opinion. Dan Chrisman, 73 Forest Gate Circle, said he played in little league as a child and has been around sports his entire life. He currently officiates in the Big 10 for college basketball games. He is well aware of the fact that once lights are put in other activities will shortly follow; it could be a soccer field or additional activities using the lights just because they are there. If lights are installed, he requested that there be some restriction as to the outside activities that could use the lights so that it is clearly defined and understood what that particular field is going to be used for. Tom Truedson asked to respond to some of the issues brought up by the resident and noted that some very good points were made. L It was stated that the lights could be on until 11:00. They will ensure that the lights will go off at 10:00. 2. They will retrofit all lights with automatic timers so they will go off at 10:00 p.m. 3. They apologized for saying "their lighting group," it is an independent lighting group called Lighting Solutions of Illinois. They have contracted with them through their architectural firm. The Wrigley field configuration will not work. They have hundreds of lights on each side coming from all directions and is about 100 -125 feet high, so the configuration is totally different. Their objective is to try to accommodate Forest Gate and Little League. The way they have presented it, is what they need to VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 16 May 4, 2004 0 install. Moving the lights to either side is going to cause a shadow effect on the kids. The lights on Fields 2 and 3 were done in another way 10 years ago. There are only 4 standards on those fields because they are 100 feet shorter. 4. They are not able to start the games earlier, because everyone has time commitments. The coaches are all volunteers with jobs. There is a need for lights. 5. Athletic events, their intention is not to have the fields used for anything other than baseball which is what they are intended. They are not used now for soccer or football, there are other fields that accommodate those uses. 6. Someone questioned why the lights now. It was a money issue. $80,000 has been contributed, which makes a major statement. Previously they did not have the funds. The timing is right, there is a need and a number of teams that warrants it. The Board has voted its approval. They understand Forest Gate concerns, but the Park District was here previously. There are already lights on two fields, it will add more lights, but will not change the dynamic of the light situation that has existed. 7. The issue is about height. The Park District could install the lights at 55 feet without seeking any variation. They want to go higher because it causes the lights to be aimed down onto the field. If they went to 80- feet, the lights would be pointed that much further down and have less of an impact. They have advised the lighting consultant that they will not accept any lights shining in any window in Forest Gate and they have been assured that any light that would come over would be indirect. Director of Community Development Kallien said that there is a special use on the property that governs land use. The Zoning Ordinance states that poles can be constructed with lights up to 55 feet. However, a building permit would be required and there are some parameters set that ensures there is no excessive spillover onto adjacent property and need to quantify that at the property line. Mr. Truedson responded that their lighting consultant determined that at 200 feet, the measurable lumens are literally zero. Director of Community Development Kallien said that the light measurement needs to be taken at the property line to be assured that the levels will be what the lighting consultant states. Once the lights are up it VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 8 of 16 May 4, 2004 would be very difficult to fix a problem. The lighting on the existing fields are focused where they need to be and he wants to see that process in place with these new lights. Mr. Truedson responded that they would accommodate Forest Gate so that no direct light goes in. Member Sanford said that a petition was received from Mr. Squire seeking the postponement of this issue and he said to what end since the Park District has testified that the lighting requirement of 70 feet is dictated by Little League. The possibility of moving the field to one of the other fields because of the space requirements appears to be out of the question. The only reason he can think of to postpone this hearing would be if the field were totally moved to another site, so he does not know what the benefit would be to postpone the hearing. Mr. Squire said that they would like to not have the two lights that are currently planned in the center field area. They also would like a condition that it would only be used for Little League use. They would like manual turn on and automatic shut off at 10 p.m. if not before. Member Young said that this issue is really kind of a balance between public and private nuisances. It is Park District land, which is public land. From a public nuisance standpoint, there are other remedies available both civilly and criminally. Complaints can be made if the lights are on late. He asked the Park District if a study had been provided from a credible lighting company that had actually done lighting measurements on the field and beyond the property. Mr. Suhs responded that they have contracted with an architectural firm that originally did the lights on the other fields. They have contracted with an electrical engineer and they are under the assumption that they have the proper credentials. They are basing this on the fact that the architectural firm they are using has been involved with many athletic fields besides the Park District. Member Young asked Mrs. Chrisman asked what impact the lights have on the land. Mrs. Chrisman responded that it affects comparables. As an example, there is a beautiful home in Hinsdale sitting right next to the railroad tracks versus another beautiful home on an interior lot in the middle of town, the VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 9 of 16 May 4, 2004 houses being equal, but the house by the tracks will sell for a lot less because of the impact of being located by the railroad tracks. Word gets out and all houses need to be appraised, and the mortgage company looks at the last five sales in a six month period, and it will bring down the appraised value for the lot and inadvertently will bring down the value of the properties in Forest Gate whether they face the lights or not. Everyone realized the Park District was there first, and they realized the lights were there, but if the tollway were going to put up lights glaring into Brook Forest or Ginger Creek, the people would be there complaining that it would impact property values. Member Young asked the Park District how much of a hardship it would be to convert the other lands so that they are usable so that lighting would not be needed. Mr. Truedson said that they do not charge the Little League for the use of the fields so it is not a revenue producer for the Park District. The only impact would be on the Little League. The hardship would be magnified if the lights were taken off fields 2 and 3. Acting Chairman Mueller asked about the rental use of Field 1. Mr. Truedson said that there has been some use of the field. If someone is not an Oak Brook resident and they want to use it, they will rent it. It is usually an isolated incident. They are not renting it to other leagues or teams. They would ask the Board not restrict it because there are opportunities to rent it. Falcon Football did use it for practice a couple of years ago. They brought in their own lights and rented it for about a week because their own field had been damaged in a flood. It happened one time. Member Shah said that as he understands it, one of the concerns is the light shining on Forest Gate Subdivision and the amount of light going into the property. Lights can be designed so that they do not shine directly onto the subdivision and make that a condition. Also add the condition that the amount of light that goes onto the property shall be at zero foot - candle. Mr. Truedson said that they have stressed with the lighting consultant that the lights only light up the area they want lit. The lights will have shades and they will be focused down in a particular area so that the lighting is just in the field, with no light going into the Forest Gate Subdivision. Member Ascher said that 31 residents have asked that this matter be postponed. Secondly, if it is not postponed, then the request is either approved or not. He asked why the Park District did not address all of the property owners. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 10 of 16 May 4, 2004 r Director of Community Development Kallien said that public notice was sent out to all property owners within 250 feet a minimum of 15 days prior to the hearing. When it is delivered, that is up to the post office. After the letter was received from Dan Callaghan, Gail Polanek contacted the York Township Assessors office and reviewed the process used by all applicants to ensure that everyone that was to be noticed had been listed. According to the current records of York Township everyone was noticed. Member Ascher noted to the residents that this is not the final step. The Board of Trustees will hear this matter. He noted that two of the Trustees are in the audience and have heard the arguments at this meeting. Member Ascher asked if there were a total of 155 Oak Brook residents involved in Little League. Mr. Hamilton responded that only 4 of the 140 kids are from Downers Grove. They have notified the district that this would be the last year that the Downers Grove area would be included in the Oak Brook boundaries. 20 -25 Oak Brook resident children play in club baseball, which are the organized higher competitive level teams that also utilized the fields. The lights are used approximately 4 weekday nights. All games are finished in July. Member Ascher noted that although parking was an issue brought up by the residents, the Zoning Board cannot consider that at this hearing. He suggested it be directed directly to the Park district or at another level in the Village. He asked what other events have required lights on the fields, since the lights have been installed. Mr. Suhs responded that there have been a number of rentals of outside groups using the softball fields. There have been no more than three. There has been soccer practice on Field 1, but without any lights. The fields are used for practices only, because they are not designed to handle a football or soccer game. Member Ascher said that if the lights were installed at 55 feet, how many more lights would be needed and what effect might there be on Forest Gate. Mr. Suhs responded that he does not know the exact number, but obviously it would increase the amount of poles, lights and money that would be required. Due to the lower lights, they would have more of a problem, VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 11 of 16 May 4, 2004 because the angle of the lights would go out more than down. Member Ascher said that he sensed there was a sense of urgency, although that was not the impression he received from reading the materials. Mr. Suhs responded that the sense of urgency in regards to getting the lights on the field this year, the window of opportunity is closing. They did approach the light designer and it was suggested that the light pole standards could be placed on the I" and 3rd base line, out in the outfield, however, they ran into the angle situation because the light would be further away from the arch of the outfield they know would have to alter the angle a little, then the hot spot of the light is directed into the eyes of the player as they are going on a side pattern, looking in those directions. It can be done, but it is a risky situation. The architect is a very reputable firm within the state of Illinois Park Districts. They have just completed a seven million dollar community center in Schaumburg. He cannot comment on the lighting source, other than noting that the experience and background of Barclay and Associates would have a very reputable firm. Member Ascher questioned how delaying the hearing would affect the Park District. Mr. Truedson said that it would impact some of the traveling teams, but not the Little Leaguers. Some of their objective was to get them installed by mid -July, but there is not much of a season at that point. He said that they did go back to the lighting solution group and asked them if they could find a way to move the lights. They said that they could not be altered. By delaying the hearing a month, they will come back with the same configuration. The issue is to make sure that the lights are not shining directly into the subdivision. They will assure the board that they will not. Director of Community Development Kallien said that the lumens table should be expanded to include the area as you move away from the field. Mr. Truedson said that he would agree, if the numbers do not come in acceptable he would understand that. He said that they would provide that information. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 12 of 16 May 4, 2004 Member Ascher questioned whether there would be adequate time to get that information before the Village Board considers it? He would like to know that the questions they are raising would be presented to the Board of Trustees. Director of Community Development Kallien said that it would be his recommendation to the Village Manager that there not be any unanswered questions or solutions to the questions raised tonight, available to the Village Board. To be fair to all, we need the answers. The Village Board would need those answers to make a final decision. Trustee Aktipis said that the Village Board has a special relationship with the Park District as a Village and would like to accommodate them the best possible way, without violating the rights of the residents. As far as the Zoning Boards decision to move forward, depends upon their attitude. The clearer this Board is, the more able the Village Board is able to proceed efficiently with a decision. It is totally up to this Board, if they are satisfied with the information they have so that a recommendation can be made that they feel comfortable with. Motion by Member Ascher, seconded by Member Young to continue the public hearing to the next regular Zoning Board of Appeals meeting. Discussion: Member Ascher said that he does not believe it should be continued. If as a group it is decided that it should be continued, then it should be continued. He feels that the answers can be provided that the residents will feel comfortable with so that the lights will not be a hindrance to them before it gets to the Village Board. It can be stipulated that the answers be received before it goes to the Village Board. It is not that many nights that the lights are on. The Park District has already satisfied 2 out of 3 issues that the residents objected to. If the recommendation includes that the Park District can only use the lights for baseball that would satisfy the residents that the lights are not going to be put on for band concerts. He added that he has lived in Oak Brook a long time and the Tollway did not come to them and ask about they put up that shine all over their neighborhood, so we are never sure what the future may hold. We can be assured that the lights will be used appropriately for baseball. Member Young asked if there were a way to restrict the use. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 13 of 16 May 4, 2004 Director of Community Development Kallien responded that it would not be impossible to add to the recommendation and would be dealt with appropriately by the Village Board. This is a partnership of government. It is one part of the community asking another part for the approval for the benefit of the community without detriment to the community. ROLL CALL VOTE: Ayes: 0 - None Nays: 5 - Members Ascher, Sanford, Shah, Young and Acting Chairman Mueller Absent: 1 — Chairman Davis. Motion Failed. Motion by Member Sanford, seconded by Member Ascher that the applicant has satisfied the standards required on pages E and E.1 of the case file to recommend approval of the variation as proposed subject to the following conditions: 1. Amend Ordinance 5 -779 to allow light poles with light fixtures on Ball Field 1 to 70 feet in height and on Ball Field 4 to 60 feet in height from finished grade in accordance with the plans as revised. 2. The use of the lights atop the poles shall be limited on Ball Field 1 and 4 to the period from April 1 to Labor Day of each year, all other conditions in Ordinance S -779 for the use of the existing lights on Ball Field 2 and Ball Field 3 shall remain in full force and effect. 3. All sources of light shall be reasonably shielded so that the source of light is not directly visible form any adjacent single - family dwelling. 4. The maximum permitted illumination at the property line of any adjacent residential property shall not exceed one -half (1 /2) foot - candle. Provide signed and sealed plans showing compliance. 5. Retrofit proposed and existing lights with auto shut -off timers set for no later than 10:00 p.m. 6. Lights on Ball Field 1 will only be used for baseball, for any other use would require Village Board approval. ROLL CALL VOTE: Ayes: 5 - Members Ascher, Sanford, Shah, Young and Acting Chairman Mueller Nays: 0 - None Absent: 1 - Chairman Davis. Motion Carried. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 14 of 16 May 4, 2004 n� B. VILLAGE OF OAK BROOK — TEXT AMENDMENT - ZONING VoB- zOREVIEW PROJECT - TEXT ORDINANCE SECTION 13 -12 -7 — OFF - STREET LOADING — B -2 AMEND -zO- DISTRICT LOADING BERTHS SECTION I3- I2 -7A.2 B -2 LOADING BEGS Director of Community Development Kallien reviewed the Village's requested text amendment. He stated that it is a by- product of the previous discussion and approval with the Cheesecake Factory. In the B -2 District, there is presently a very onerous provision which requires that all loading docks to be completely enclosed. Chuck Fleming, General Manager of the Oakbrook Center said that the language is problematic and the way that a number of loading docks have been designed for many years do not meet the interpretation of the Ordinance. At the urging of Oakbrook Center, we are suggesting that the words "enclosed" be replaced with the word "screened ". For example, the Cheesecake Factory is providing a 10 -foot high masonry wall to screen the loading areas, and he said that is very reasonable. There have been a number of people that have administered those provisions over the years and there are some inconsistencies. The revision to language will provide a requirement that is both usable by the Oakbrook Center and achieves the needs and goals of the Village, which is to hide those areas from the public. The Plan Commission recommended unanimous approval to the request to amend the text. The amendment applies only to the B -2 District. This revision meets the needs of the Oakbrook Center. Member Ascher said that some organizations have gotten by without having the proper facilities for years and by passing this ordinance would it make it easer for them to provide less. Director of Community Development Kallien said that he did not think so. He said that some of the buildings were not set up that way. It is physically impossible to provide a complete enclosure to their loading docks. The new standard requires the screening and in all of those cases, it appears that it can physically be done. With the proposed change, the Village would end up with something that presently we cannot get. We do not know why those things happened, which occurred many years ago. Acting Chairman Mueller noted that the Zoning Board of Appeals was in receipt of the Plan Commission recommendation of approval of the proposed text amendment. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 15 of 16 May 4, 2004 G 7 No one in the audience spoke in support of or in opposition to the request. Motion by Member Sanford, seconded by Member Shah that the applicant has satisfied the standards required to recommend approval of the text amendment as proposed ROLL CALL VOTE: Ayes: 5 - Trustees Ascher, Shah, Sanford, Young and Acting Chairman Mueller Nays: 0 - None Absent: 1 - Chairman Davis. Motion Carried. OTHER BUSINESS: There was no other business to discuss. ADJOURNMENT: Motion by Member Sanford, seconded by Member Young to adjourn the meeting at 9:30 p.m. VOICE VOTE: Motion carried. ATTEST: Robert Kallien, Director o ommunity Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 16 of 16 May 4, 2004 OTHER BUSINESS ADJOURNMENT