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Minutes - 06/01/2004 - Zoning Board of Appeals1. 2. 3. 4 5. MINUTES OF THE JUNE 1, 2004 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JUNE 29, 2004. CALL TO ORDER: CALL TO ORDER The Regular Meeting of the Zoning Board of Appeals was called to order by Chairman Champ Davis in the Samuel E. Dean Board Room of the Butler Government Center at 7:37 p.m. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Richard Ascher, George Mueller, Robert Sanford and Steven Young ABSENT: Member Manu Shah IN ATTENDANCE: Trustee, Stelios Aktipis, Director of Community Development, Robert Kallien, Jr. APPROVAL OF MINUTES: MINUTES REGULAR ZONING BOARD OF APPEALS MEETING OF MAY 4, 2004 Motion by Member Mueller, seconded by Member Ascher, to approve the minutes of the May 4, 2004 Regular Zoning Board of Appeals Meeting as written. VOICE VOTE: Motion carried. UNFINISHED BUSINESS: There was no unfinished business to discuss NEW BUSINESS: A. OAK BROOK PARK DISTRICT — 1450 FOREST GATE ROAD — SPECIAL USE — TITLE 13 OF THE VILLAGE CODE — ZONING ORDINANCE SECTION 13- 12 -7A.2 — AMEND SPECIAL USE TO INCLUDE SPLASH PARK/PAD AND PLAYGROUND EQUIPMENT Chairman Davis said that the application is from the Oak Brook Park District for an amendment to an existing special use, which was put in force in 1994, to include a splash park pad and playground equipment. Tom Suhs, Director of Parks and Recreation and Laura Evans, Aquatic VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 5 June 1, 2004 NEW BUSINESS OAK BROOK PARK DISTRICT — 1450 FOREST GATE RD — SPECIAL USE — SPLASH PARK/PAD and PLAYGROUND EQUIPMENT Center Manager were sworn in. Tom Suhs, representing the Oak Brook Park District reviewed the request. They are seeking an amendment to the existing special use for the Family Recreation Center to build a splash pad on the south side of the facility. The splash pad is a dish surface area that does not hold water in any manner. It is augmented with a lot of spray and water toy applications and there are various sprays that are activated by the children. There is a rubberized surface that is dished out so the water is not held and is recycled through the drain. The entire splash pad will be enclosed with fencing. The only access to the splash pad will be through the Aquatic Center. The second aspect of the request is to create some additional playground space. There is currently a playground in existence and they will be expanding the equipment. The playground equipment will be for preschool to pre -teen children. They will be freestanding and open to public use. Chairman Davis questioned why the Park District is required to amend the special use when they add any equipment. Mr. Suhs responded that they are before the Village because of the splash pad component of the request, and in doing so wanted to explain everything that they are doing on the site. Director of Community Development Kallien said that the procedure relative to the Park District started back in 1994. They were advised at that time when building and site improvements were substantial in nature; the special use was to be amended. Past practice has been followed and they have agreed to provide the Village with appropriate materials. Chairman Davis asked for the disposition of the Plan Commission review. Mr. Suhs responded that at the meeting there was a concern raised by the Plan Commission to ensure that if a speaker system was used for music or announcements that the decibels used fell within those allowed by Code and they do not have a problem complying with that condition. Member Sanford commented that the homes that are not yet built in the Forest Gate Subdivision are going to be relatively close to the proposed fence and questioned that the noise level coming from the splash pad might be a problem. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 5 June 1, 2004 Mr. Suhs responded that the splash pad would be approximately 150 feet from the fence line. He commented that the noise level from Route 83 would certainly cover any noise they would be able to produce in that area. It will be a weather driven facility. If it is cool or raining, there will not be much use. The facility will not run past 8:00 p.m. and the usage after 6 p.m. will probably not be much. Member. Sanford asked if the noise should become a concern to the people in Forest Gate, would plantings be provided. Mr. Suhs responded that there are many mature trees existing in that area and there has been very brief dialogue with Mr. Callaghan from Forest Gate regarding his donation of numerous trees for planting along that area. If there is a problem, they will address the matter in that manner. Member Young asked if concessions were going to be sold. Mr. Suhs responded no, that there are concession vending machines within the pool and they will be maintained in that area. Member Young asked how the noise issue might be monitored. Director of Community Development Kallien said that the Village would probably receive a complaint that would be investigated, if there was an issue, a meeting would be arranged with the Park District and see what mitigation could be installed, perhaps in a reduction of hours and possibly modify the special use to confirm it. The types of activities and vegetation present should help to control that issue. Member Young said that standard 3 states that the use would not cause substantial injury to the value of other property, and with respect to that asked if any geological study was done to see if it would harm the water table or create a flood zone. Mr. Suhs responded that it has not been done, but will be done. The splash pad is not going down very deep. Member Mueller asked if the water is recycled. Mr. Suhs responded that it was recycled. Director of Community Development Kallien said that the DuPage County VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 5 June 1, 2004 Health Department has regulations relative to public pools and they would have oversight and sign off on the construction and safety design issues. Mr. Suhs responded to the Special Use standards as follows: 1. Is of the type described in subsection Al of this Section, is deemed necessary for the public convenience at that location:? Response: They would like to create such an area in the community and their intention is to utilize the facility as much as possible and to provide additional recreational opportunities. 2. Is so designed, located and proposed to be operated that the public health, safety and welfare will be protected. Response: Under the auspicious of the Family Aquatic Center, they are staffed with lifeguards as required, with award winning lifeguards. The facilities design has been done by architects with the proper credentials; safety inspections are done by in house staff and would be come part ,of their normal procedures in place for the existing aquatic center. 3. Would no cause substantial injury to the value of other property in which it is located. Response: Its location is such that they do not feel there is going to be problem. The hours will coincide with the Aquatic Center are from noon until 8 p.m. during the week and from noon until 4 p.m. on the weekends. They will also adhere to the decibel level as suggested by the Plan Commission. Chairman Davis said that the standards appear to have been satisfied and subject to substantial conformance to the plans submitted, Motion by Member Young, seconded by Member Sanford that the standards appear to have been satisfied and the public health, safety and welfare will be protected and to recommend approval of the special use request as submitted subject to the following: 1. The Zoning Board of Appeals is in receipt of the Plan Commission recommendation. 2. All other conditions of Special Use Ordinance S -791 and amended by 5 -1043 will remain in full force and effect. 3. Compliance with all rules and regulations of the Village and the DuPage County Health Department. 4. The source of light is to be properly shielded from the adjacent VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 5 June 1, 2004 residential property. 5. Compliance with the noise level ordinance of the Village. 6. To be built in substantial conformance with the plans as submitted. ROLL CALL VOTE: Ayes: 5 — Members Ascher, Mueller, Sanford, Young and Chairman Davis Nays: 0 —None Absent: 1 — Member Shah. Motion Carried. 6. OTHER BUSINESS: The regular July 6, 2004 Zoning Board of Appeals meeting will be rescheduled to June 29, 2004. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Sanford, seconded by Member Mueller to adjourn the meeting at 8:05 p.m. VOICE VOTE: Motion carried. ATTEST: Robert L. Kallien, Jr. Robert Kallien, Director of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 5 June 15 2004 OTHER BUSINESS ADJOURNMENT