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Minutes - 06/03/2008 - Zoning Board of AppealsMINUTES OF THE JUNE 3, 2008 REGULAR MEETING OF THE ZONING BOARD OF APPEALS OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON JULY 7, 2008 1, CALL TO ORDER: CALL TO ORDER The 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 7:30 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Members Jeffrey Bulin, Glenn I�xietsch, Baker Nimry, Joseph Rush, Steven Young and Wayne Ziemer IN ATTENDANCE: Robert Sanford, Trustee and Robert Kallien, Jr., Director of Community Development 3. APPROVAL OF MINUTES: i REGULAR ZONING BOARD OF APPEALS MEETING OF MAY 6 2008 MINUTES Motion by Member Rush, seconded by Member Nimry to approve the minutes of the May 6, 2008 Regular Zoning Board of Appeals meeting as amended. VOICE VOTE: Motion carried 4. UNFINISHED BUSINESS BUSINIS BUSINESS S A VILLAGE OF OAK BROOK. — TEXT AMENDMENT — vO13 -TEXT AMENDMENT - PERFORMANCE STANDARDS SECTION 13 -10 -3 OF THE ZONING PERFORMANCE ORDINANCE REVIEW AND AMENDMENT OF APPLICABLE -- -- STANDARDS- SECTION 13 -10 -3 TEXT Chairman Davis swore in Director of Community Development Kallien. Director of Community Development Kallien provided a brief review of the status of the request from the May 6, 2008 Zoning Board Meeting. The request is from the Village of Oak Brook to amend the text in the zoning ordinance that relates to noise. For approximately 5 months, the Plan Commission reviewed, analyzed and suggested changes to the code. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 1 of 7 June 3, 2008 At the last meeting there were several points made to consider for review, which are on page 19 of the case file. e A recommendation of the Zoning Board was to increase the daytime decibel levels by S because of the high level of ambient noise especially what the tollway and some of the other major roadways generate. The nighttime decibel levels are in line with other communities. If a problem arises and the numbers need to be adjusted, the code can be amended in the future. ■ A number of exemptions were made to the code where certain things would not apply including, air conditioners, pool and pool heating equipment, providing that they were installed and operated under the manufacturer's specifications. After a further review (and the pool equipment is what prompted this study), people should comply with the recommended decibel levels. If they do not, they would need to take the necessary steps to mitigate the sound, which could be remedied by adding walls, landscaping, etc. The recommended numbers are reasonable. Chairman Davis said that air conditioning equipment is exempt and he did not see much difference between that and pool equipment. If the equipment is operating in accordance with the specifications, then that may be reasonable. Director of Community Development Kallien responded that the difference between the two is that pool equipment can be located in a variety of different locations on a lot. Probably 99% of the homes in Oak Brook have air conditioning, and it would be very difficult to start creating a standard that may be unenforceable. The code requires that the air - conditioning units cannot be located in a required side yard must have a certain separation from the setback to ensure that it does not create a burden to the neighbors. Member Young said that there is a distinction between pool equipment and air conditioning equipment. Member Ziemer noted that there is a cycle time because one runs continuous and the other is intermittent. Member Rush questioned if the pool equipment in question at 12 Shelburne was enclosed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 2 of 7 June 3, 2008 Director of Community Development Kallien responded that there was a wall on the house side, extensive landscape was installed literally on the property line and was so dense that you could not see the equipment. They actually replaced the pool equipment. A number of reasonable steps were taken to mitigate the problem. An enclosure may have been possible, but it may have created a heat issue. The owner of the pumps agreed to operate them only between 7 a.m. and 7 p.m. The pool had been in place for a number of years and other properties within a close proximity did not complain about the equipment. Member Young noted that there was a lot of heat generated from the unit and depending on the sound baffling used there could be a fire. The noise measurements received prior to going to the site were completely incorrect. Instead of 9 p.m., which can be dark during some months, it was suggested to a revise the operation of lawn equipment from 9 p.m. to dusk, which appears to be reasonable and would allow later maintenance during the peak summer months. Member Nimry questioned an inconsistency between landscapers and contractors. Director of Community Development Kallien noted that a provision in the code prohibits the use of heavy equipment as follows, "The use of heavy equipment in residential areas is between 7:00 a.m. and 6:00 p.m. Monday- Friday, and between 8:00 a.m. and 5:00 p.m. on Saturday and Sunday." Most trades are off jobs by 3:30 p.m. Chairman Davis suggested and the board agreed to delete everything after "section" in the first paragraph. Performance Standards: Any use established in any zoning district the O "', shall be operated so as to comply with the performance standard regulations prescribed in this section. and no use law.AW n ttiYrn rint hnx+nnf c.1+nZZ Z-. hAe nn�4nr+ altered oir modified so as to niet wifZi of further- een lief with 7 � 'S: The board discussed and agreed that the daytime decibels would be increased as proposed and that the nighttime decibels numbers would be decreased as proposed. VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 3 of 7 June 3, 2008 Director of Community Development Kallien said that vehicular traffic noise is something that cannot be regulated and that the construction of sound walls. The board discussed loud music and the enforcement would be through the police regulations. Member Young noted that if the officers were equipped with a simple noise meter, they would be able to do a spot check and measure the sound at once and could issue a ticket right there and it would be very simple to do. Director of Community Development Kallien said that it would be similar to enforcement with a radar gun. Trustee, Robert Sanford spoke on behalf of the Brook Forest Homeowners Association not as Trustee. He appreciated the amount of time that had been spent reviewing and very thoroughly analyzing this issue and that it had been initiated from a Brook Forest problem. The homeowner with the pool that had the noise issue has done just about everything that she could do to mitigate it. He would like to see the matter go forward with the constructive recommendations. Director of Community Development Kallien addressed the standards for a text amendment and noted that they are different from a map amendment. He said that all text amendments have to prove that they would be a benefit to the public. The clarification of this issue would be beneficial to the public because it provides for an enhancement of staffs ability to enforce regulations fairly reasonably and accurately. Chainnan Davis noted that many of the standards set for amendments are not applicable to text amendments. The Zoning Board has had the benefit of the Plan Commission review. Motion by Member Young, seconded by Member Nimry that the applicant had addressed the required standards to recommend approval of a text amendment to amend the Performance Standards in Section 13 -10 -3 of the Zoning Ordinance. The proposed text would read as follows: (Note: The revised /added language to the amendment as proposed is bolded, underlined and italicized. Deleted proposed language has a strikethrough.) Performance Standards: Any use established in any zoning district the OR AI-,- ", nn A 7 „l- assembly distriets shall be operated so as to VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 4 of 7 June 3, 2008 OEM comply with the performance standard regulations prescribed in this section. and no use jawfully herd n., the nff- noire ref nrnn Shall be A. Noise: Sound levels shall be measured with a sound level meter ffiW .ac brad filter.- manufactured according to standards prescribed by the American National Standards ass e eiatien Institute .ANSI. Measurements shall be made using —flat met of— e sound lev-,el a digital decibel meter. Impulse -type noises shall be subject to the performance standards prescribed in this section, provided that such noises shall be capable of being accurately measured and €or fi�.■n4»r.4i�r.n 4lrn ►nnri�n n l��n r LITi ."'�'..�... -�. Vi —LYiG J Noises incapable of no more Man priall: being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At any point on or beyond the boundary line of the district designated below, the sound pressure level of any operation or plant (other than background noises produced by sources not under control of this section, such as the operation of motor vehicles or other transportation facilities) shall not exceed the decibel limits in the table below: Sound/Noise Level Table Maximum Permitted Decibel (DBA) Levels Time of Day Residential Commercial Industrial Between 7 am and 7 pm 65 dba 70 dba 70 dba Between 7 pm and 7 am 55 dba 60 dba 65 dba (Add the following language) Noise – General Requirements 1. All sound measurement readings must be set up not less than 25 feet (7.6 meters (m)) from the property - line - noise - source. The 25 -foot (7.6m) setback requirement is from the noise source and not the property line of-- unless the noise source is contiguous to the property line. 2. Activities exempt from these provisions include the operation of motor vehicles or other transportation facilities; snow removal equipment; church bells /chimes; residential air conditioning units (installed and operating in accordance to manufacturer's specifications). --peol VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 5 of 7 June 3, 2008 1�W ati 3. Unnecessary Noise Standards: The following activities are declared to be loud, disturbing and unnecessary noises in violation of this ordinance. a. Horns and Signaling Devices — The sounding of any horn or signaling device on any automobile or other motor vehicle on any street or public place of the Village except as a danger waning. b. Animals or birds — The keeping of any animal or bird which, by causing frequent or continued noise, shall disturb the comfort or repose of any persons in the vicinity. c. Exhausts — The discharge into the open air of the exhaust of any engine, stationary combustion machine, generator, motor boat or motor vehicle except through a muffler or other device, which will effectively prevent loud noises there from. The use of emer kency generators and other" back up pofuer sources are exempt during an emeraency situation or testis . d. Loading -- The creation of loud and excessive noise in connection with loading or unloading any of vehicles. 4. Additional Requirements — Lawn Mowing/Maintenance -- It shall be unlawful to cause or make loud noise through the operation of lawn maintenance equipment including, but not limited to lawn mowers, lawn blowers and tractors before 7 a.m. and after dusk on any day during the week. This restriction shall not apply to golf course, Park District or Forest Preserve maintenance operations. S. Recommend that the Village Board consider adding a loud music provision to the Police Regulations. ROLL CALL VOTE: Ayes: 7 — Members Bulin, Krietsch, Nimry, Rush, Young, Ziemer and Davis Nays: 0 — Motion Carried. 5. NEW BUSINESS There was no new business to discuss. NEW BUSINESS VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 6 of 7 June 3, 2008 i I 6. OTHER BUSINESS A. RESCHEDULE THE REGULAR JULY 1 2008 ZONING BOARD OF APPEALS MEETING TO MONDAY, JULY 7,200 There was a brief discussion and consensus of the members regarding rescheduling the July 1, 2008 to July 7, 2008 due to the Independence Day holiday. Motion by Member Rush, seconded by Member K.rietsch to reschedule the regular July 1, 2008 Zoning Board Meeting to July 7, 2008. VOICE VOTE: Motion carried. There was no other business to discuss. 7. ADJOURNMENT: Motion by Member Young, seconded by Member Bulin to adjourn the meeting at 8:06 p.m. VOICE VOTE: Motion carried ATTEST: Robert lie 1`rector of Community Development Secretary VILLAGE OF OAK BROOK Zoning Board of Appeals Minutes Page 7 of 7 June 3, 2008 1:014�11 OTHER BUSINESS ADJOURNMENT