Loading...
Minutes - 08/21/2017 - Plan CommissionVILLAG: , OF V MINUTES OF THE AUGUST 21, 2017 OAK B R, , K , REGULAR MEETING OF THE t PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON SEPTEMBER 18, 2017 1. CALL TO ORDER: CALL TO ORDER The Meeting of the Plan Commission was called to order by Chairwoman Tropinski in the Samuel E. Dean Board Room of the Butler Government Center at 7:03 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Thomas Doyle, Rahma Hasan, Raj Lal, Simon Sheers and Kenneth Wilczak ABSENT: Member Raju Iyer IN ATTENDANCE: Trustee John Baar (Zoning Board Liaison), Village Attorney Greg Jones, Planner Rebecca Von Drasek and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: MINUTES REGULAR MEETING OF THE PLAN COMMISSION OF JULY 17, 2017 July 17, 2017 Motion by Member Doyle, seconded by Member Lal to waive the reading of the minutes and to approve the minutes of the July 17, 2017 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISHED BUSINESS There was no unfinished business to discuss. 5. NEW BUSINESS NEW BUSINESS A. WENNES ESTATES SUBDIVISION — 3622 YORK ROAD — FINAL PLAT — WENNES TWO -LOT SUBDIVISION ESTATES sus - 3622 YORK - FINAL PLAT Chairwoman Tropinski recognized, Village Attorney, Greg Jones. Mr. Jones explained to the Commission the responsibility and authority that the Plan Commission has in regards to subdivision requests. He stated that the Plan Commission was not being asked to reconsider the variation request, which had already been reviewed and considered by the Zoning Board of Appeals on August 1, 2017. Mr. Jones noted that the meeting today was simply to hear about the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 7 �� August 21, 2017 subdivision request and if the proposed plat complies with the standards of the Subdivision Ordinance and Comprehensive Plan. He noted that the Commission was ask to give their recommendation on if the standards to subdivide have been met and if waivers to certain standards (i.e. street lights, sidewalks, curbs, etc.) should be approved by the Village Board. Chairwoman Tropinski explained the process for the meeting noting that the applicant would make a short presentation, followed by questions and comments from the public and Commission. Mark Daniel, Attorney for the petitioner and owner of the property, Chicago Land Trust 11 -12497 began his presentation with an overview of the two -lot subdivision request for 1.8 -acre parcel (78,383 square feet) located at 3622 York Road. He then introduced the beneficiary to the trust, the project engineer, the project planner, and a prospective buyer of Lot 1. Mr. Daniel asked, prospective buyer, Christopher Alexander to the podium. Mr. Alexander explained that he and his wife intended to build a new home on Lot 1 of the proposed subdivision (western lot). They currently live in Chicago and decided to move to Oak Brook to raise their family. He supported the subdivision and suggested that a home on Lot 2 (eastern lot) would give the area a "neighborhood" feel. Mr. Romanelli, one of the beneficiaries to the Chicago Land Trust 11- 12497, gave an introduction and explained his real estate experience in the Village. He provided the Commission with letters of support from Oak Brook residents and a report regarding the Oak Brook real estate market. He argued that the property in an undivided state was too large for the real estate market. He emphasized that there were no curb or gutter on either Luthin or Wennes. He asserted that the subdivision would be uniform to homes and lots in the area. Mr. Romanelli discussed his presentation to the Village Board of Trustees on August 9, 2016, at that meeting, he offered to purchase a portion of the right -of -way (ROW) and give back an easement to the Village for its continued use. Mr. Romanelli mentioned the Zoning Board or Appeals Chair's dissention from the Zoning Board's recommendation and the recognition of the large ROW. Mr. Romanelli read Vito Moreci's May 25, 2017 letter, Linda Barbara's June 7, 2017 letter, George Reveliotis' July 26, 2017 letter and Chris Alexander's May 1, 2017 letter. He concluded by explaining the rule of thirds in real estate regarding land /improvements /price, stating that lots, one acre or less, are the desirable and affordable option for Oak Brook. He noted that there were 60 letters submitted in support of the proposed subdivision. Mr. Daniel stated that the subdivision was in harmony with the area and the Village's plan. He reiterated the request for waivers from the curb and gutter standards. He noted his client's willingness to work with staff on a future bike path improvement should the need arrive. He observed that two homes within the subdivision would add an estimated 12 additional vehicle trips per residence. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 7 -f5 August 21, 2017 Mr. Jon Green, engineer for the Petitioner, informed the Commission that all utilities were present and that rural street specs are in place on both Luthin and Wennes. He also observed that the 100 -foot ROW on Luthin was odd. He asserted that the drainage concerns would be addressed by any proposed development of the residences through enforcement of the Village's Stormwater Ordinance. Mr. Daniel explained the setbacks as depicted on the plats, noting that the setbacks were compliant with the Village standards, except the 23 -foot requested variation (which is not necessary for the subdivision) but was included with the anticipation that future improvements (i.e. patio, pool, etc) would provide more flexibility for design. Mr. Daniel responded to correspondence from Larry Herrmann regarding drainage concerns, Mr. Daniel suggested that the correspondence included inaccurate statements. He emphasized that the construction of new homes will require best management practices, and that the development of this parcel would not negatively impact neighboring properties. Mr. Daniel also noted that these new homes would have more features in place to improve the stormwater quality than any of the existing homes. Mr. Daniel went on to explain that the subdivision does not change the average lot size for the area. He argued that the lots would be in harmony with the area. Mr. Abel, a planner for the petitioner, gave a brief introduction, including his time working with Paul Butler. He emphasized that the land use and zoning meet the standards and there is no loss in property values. Mr. Abel provided the Commission with the LaSalle factors and asserted that the application complies with the factors. He concluded that this was the highest and best use for the property. Mr. Daniels asserted that there was good cause to approve the waivers, as there are no streetlights, sidewalks, curb, or gutters in the area. The property owner is agreeable to cooperating with the bike path. He noted his letter of August 15, 2017 where he detailed the compliance with the subdivision standards. He stated that the application complies with 14 -7 of the Subdivision Ordinance and will work to comply with 14 -6 provided the waivers are approved. Mr. Daniel requested that the Commission recommend approval to the Village Board. Member Sheers noted that although the lot size variation is under the preview of the Zoning Board he did not understand how the Plan Commission could recommend approval in light of the Zoning Board finding. He noted the similarity to a previous application requesting the same. Mr. Sheers suggested that Paul Butler did not want land sales for profit. Mr. Daniel stated that relief is available within the Ordinance, and asserted his clients constitutional right to request relief. Chairwoman Tropinski agreed that the density is not increased by this application, which complies with the Comprehensive Plan. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 7 [ D August 21, 2017 Member Doyle noted that he had been a resident of Robin Hood Ranch for 47 years. He noted that his subdivision was not in the original Oak Brook incorporation and when incorporated it came in as R -1, Residence District. He observed that things are not the right size in this area of town. He noted many individuals within his area of town have had to seek relief. Member Hasan confirmed that the dry land area was under an acre for many of the lots in proximity to the pond. Member Wilczak observed the number of streets limit the development of the eastern lot. He clarified by suggesting that approving the subdivision will create an adverse issue for the owner of Lot #2. Member Wilczak went further to question the financial feasibility information provided by the petitioner. Mr. Wilczak suggested that highest and best use is not met by the application because it is not currently legally permissible. He suggested that some of the letters of support are from individuals who may also want to subdivide property Mr. Daniel responded that neither the petitioner nor the village created the circumstance of three streets. He explained that the petitioner is now seeking relief to allow for appropriate development of the parcel. He stated that the original owner resided in the house and must have preferred the larger lot. Mr. Wilczak felt that the lot violates the Comprehensive Plan, and the requested variation does not improve the issue. Mr. Abel noted that it was subdivided by the County last in 1948 and asserted from a planning standpoint there is no impact on the area with the slight reduction in the lot size. He suggested that the when the property was zoned R -2 there was recognition that variations would be necessary for some of the lots. Mr. Daniel provided a slide noting the building to land ratio is in keeping with the surrounding area. Chairwoman Tropinski noted that the original development of the lot was most likely for agricultural purpose considering the farmhouse was built in 1914. Member Doyle suggested any approval include the recommendation that the bike path be extended between the Luthin and Wennes. He also suggested a recommendation that the development of Lot #2 (eastern) require a certificate of appropriateness prior to construction. Mr. Daniel agreed to these suggestions. Member Sheers observed that the letters submitted are not in proximity to the subject property. In his review, they are realtors and Oak Brook residents in other areas of town. Mr. Daniels noted that some of the immediate neighbors, some of whom are also on lots that are substandard, yet they still object to the subdivision. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 7 'rb August 21, 2017 Mr. Romanelli responded that the signed letters of support from sixty village residents including two realtors as well as a former Village trustee. Mr. Romanelli asserted that realtors have insight into the market. Member Lal stated that he desire to hear from the residents. Mr. Michael Dralle from 522 Wennes Court objected to the request. He asserted that the request was simply to turn a profit and noted although he appreciated a prospective buyer's opinion that he had purchased into the neighborhood knowing that only one home could be constructed on the subject property. Dr. Sam Grigis from 506 Wennes objected to the request. He explained that the R -2 District standard should be enforced. He suggested that allowing one subdivision would result in many more requests, noting that the York Tavern owner, Vito Moreci, might also want to subdivide for a residence. Dr. Girgis stated that he had lived in the area and had never met Ms. Barbara or Mr. Reveliotis. He said his property would lose value if two homes were built. Ms. Rita Grigis from 506 Wennes objected to the request. She stated that being from Wisconsin she loves trees and lakes and that is why she loves Oak Brook. She noted the loss of trees on the subject property and mentioned that the esthetics of Oak Brook would be damaged by the increase of density. Mr. Ed Cladek from 408 Luthin Road suggested that he was opposed to the subdivision and suggested that the building of two homes would damage the pond along Luthin. He also suggested that the scale of two new homes would change the neighborhood away from the open low- density feel. Chairwoman Tropinski emphasized that drainage concerns for Luthin Pond would not be part of tonight's discussion. Mr. Frank Scarpiniti, from 3719 Spring Road, stated that he objected to the trend in Oak Brook to take larger lots and split them to add homes. He felt it was not in keeping with the village's plan. Ms. Marianne Clark from 523 Wennes stated that she was the newest resident to the neighborhood and she objected to the subdivision. She noted that she would still be there once a house is built on the subject property. She stated that she chose this lot as they were looking for land and space. She explained that the area is unique and valuable and should stay that way. Ms. Natasha Scarpiniti from 3719 Spring Road stated that she was speaking on behalf of herself and her neighbors in objecting to this application for subdivision. Ms. Christen Hadden from 316 Luthin Road objected to the subdivision and stated that the requests for "only one more" home will eventually change the look and feel VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 7 " O August 21, 2017 of the area. Ms. Sue Wollensak from 3604 York Road objected to the subdivision. She expressed concern about the properties to the south of 3604 York for those two lots also requesting lot size variations. She also objected to a bike path on the west side of York Road. Dr. Gary Kronen from 418 Luthin Road objected to the subdivision. He stated that it was going to be difficult to sell Lot 2. Mr. Cladek asserted that the watershed from the Wennes Estate properties would go to the pond. Mr. Daniel suggested that assertions regarding the pond and the drainage effects could be considered "slander of title" and he warned individuals whom were not civil engineers to consider their comments. He noted that the petitioner has been a good neighbor and removed diseased trees. He encouraged approval of the subdivision and the waivers as the improvements have not been standard to the area. Member Lal suggested that the petitioner should follow the village rules and noted that these issues influence other areas of the village. Mr. Jones explained to the Commission that there are two items up for consideration: (1) Does the subdivision plat comply with the Village's code and the comprehensive plan recommendations; and (2) Are the waiver requests to install curb, gutter, streetlights, and sidewalk appropriate. Motion by Member Doyle, seconded by Member Hasan to recommend approval of the subdivision plat, observing the following conditions: 1. The petitioner will allow a construction easement should for any future bike path be proposed along the east side of York Road. 2. The eastern lot (Lot #2 of the Wennes Estates) would be constructed in the spirit of the Graue Mill Historic District and be reviewed for a certificate of appropriateness. 3. Approval of the variation to reduce the minimum lot area requirements for proposed Lot 2. 4. Approval of the variation to the north side yard setback of Lot 2 to 23 feet or a revision to the plat reflecting the 40 -foot setback. 5. Engineering approval of the Final Plat of Subdivision. ROLL CALL VOTE Ayes: 3 — Members Doyle, Hasan, and Chairwoman Tropinski Nays: 3 — Members Lal, Sheers, and Wilczak. Absent: 1 — Member Iyer. Motion failed. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 7 It August 21, 2017 Motion by Member Doyle, seconded by Member Hasan to recommend approval of the subdivision plat waivers to the requirements to install streetlights, sidewalks, curbs and gutters. ROLL CALL VOTE Ayes: 3 — Members Doyle, Hasan and Chairwoman Tropinski Nays: 3 — Members Lal, Sheers and Wilczak. Absent: 1 — Member Iyer. Motion failed. 6. OTHER BUSINESS There was no other business to discuss. 7. PUBLIC COMMENTS There were no comments from the public. 8. ADJOURNMENT: Motion by Member Tropinski, seconded by Member Hasan to adjourn the meeting at 9:46 p.m. VOICE VOTE: Motion carried. ATTEST: /s/ Tony Budzikowski Tony Budzikowski , Development Services Director Secretary VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 7 �� August 21, 2017 OTHER BUSINESS PUBLIC COMMENTS ADJOURNMENT