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Minutes - 05/21/2018 - Plan CommissionVILLAGE OF MINUTES OF THE MAY 21, 2018 OAK BR K. REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED ON JUNE 18, 2018 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 7:00 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 and Kenneth Wilczak ABSENT: Member Raju Iyer IN ATTENDANCE: Trustee Edward Tiesenga, Development Services Director Tony Budzikowski, Village Attorney Kurt Asprooth, Planner Rebecca Von Drasek and Planning Technician Gail Polanek 3. APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF APRIL 16.2018 APRIL 16, 2018 Motion by Member Doyle, seconded by Member Hasan to waive the reading of the minutes and to approve the minutes of the April 16, 2018 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISBED BUSINESS A. VILLAGE OF OAK BROOK— TEXT AMENDMENT —TO ADDRESS AGE vOB -TA-ADDRESS RESTRESTRICTED MULTI -FAMILY LIVING FACILITIES ACE MULTI-FAMIL TED MII.Y FACILITIES Chairwoman Tropinski reviewed the meeting procedures. Director Budzikowski reviewed the Village initiated request to draft an ordinance regarding Age Restricted Multi -Family Living Facilities due to the current petition from Senior Lifestyles. He discussed the following for review and consideration: 1. The definition of Age -Restricted Facilities. Dwelling, Multi -Family Age - Restricted: An age -restricted or age -targeted development containing two (2) or more dwelling units and which may include independent living, assisted living, or congregate care. " The draft definition is consistent with VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 1 of 9 May 21, 2018 the Village's definition of "multiple -family dwelling," but modified to reflect characteristics commonly found in age -restricted facilities. 2. Establish supplemental Special Use Standards which include: • Presenting an analysis of the proposed development's anticipated impact on emergency services • Presenting a plan addressing how emergency service calls will be handled • Demonstrating a market need for the proposed development 3. Identify Appropriate Zoning Districts. The zoning districts that should be considered for this text amendment are R-5, Bl, B3, 04 and ORAL. Village Attorney Kurt Asprooth discussed the text amendment and commented on the draft conditions, stating that any of the village boards can consider the conditions and ask that a fee be provided for any ambulance services provided, if it was believed there would be an impact on the Village's emergency services. Member Lal discussed his background and credentials relating to emergency services and had the following questions: • The definition of Multi -Family. • Does the village have the manpower to absorb the burden of emergency services if the Senior Lifestyle development gets approved? • Is it an assumption that the village needs a senior housing development? Director Budzikowski responded that annual emergency services numbers were not used to create the text amendment and that it was intended to be on a case by case basis. Determining whether or not the village has the manpower would be based on a specific proposal requested. For example, if there were 1,000 units, then an analysis would be needed to determine what types of emergency services the property owner would be providing to their residents. He noted that the definition of multi -family would be two or more dwelling units. Director Budzikowski stated that staff believed there was a need for senior housing considering there are none in the village and 25% of the population is aged 65 and older. A previous market study determined there was a demand for a senior housing facility in Oak Brook. Member Lal questioned if Director Budzikowski believed Oak Brook Club, Forest Gate and Briarwood Lakes are age -restricted. Director Budzikowski responded that Oak Brook Club, which is the only multi -family facility named did not have an age restriction. Member Lal suggested that Forest Gate and Briarwood Lakes are age -restricted. It was noted that Forest Gate and Briarwood Lakes are the only age - restricted subdivisions. Member Doyle questioned if the structure height restrictions in a few of the proposed zoning districts would be considered. Director Budzikowski replied that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 9 May 21, 2018 the zoning district would dictate the height of the building unless the Plan Commission wanted to put a height requirement for the special use for an Age - Restricted Multi -Family Living Facility in that section of the code. He added that it could also be done on a case by case basis requesting a variation to the height requirement for the particular district. Member Doyle questioned if there was a restriction for rental versus owner occupied in the districts. Director Budzikowski stated he was not familiar with any restriction in the zoning code that would prohibit rental. Member Doyle questioned if the number of units for this particular text amendment should be much greater than "two or more". Director Budzikowski responded that it was a good question and he would look into it. Member Wilczak believed the number of districts should be limited and the fees for emergency services should be aggressive. He said that these types of facilities would dramatically increase the village's use of emergency services. Chairwoman Tropinski believed it would be important to have the Fire Chief in attendance to review specific data and brief the board on his opinion and the capacity of his department to handle such facilities. Member Lal stated he wanted to more specific data. Additionally, he believed the petition is too broad and needs community feedback prior to any recommendation. Member Doyle mentioned it would be very useful to gather data from other communities that have senior living facilities regarding the number of calls per unit within a specific time frame. It would allow the board to have some kind of measure to estimate the use of the emergency services. Director Budzikowski responded that it would be very difficult to have a direct comparison since not all facilities are structured the same. He also mentioned this text amendment is for petitions on a case to case basis and data will be included for a proposed specific project each time. Member Doyle stated for the record that the Village's Comprehensive Plan shows that 69% of approximately 1600 households polled said that they would be interested in a senior living facility in Oak Brook. Mort Westman, 8 Ivy Lane did not believe the phrase "age -restricted" was adequate for the commission's purposes and that there are other terms more appropriate. Also, the Zoning Amendment Factors lacked expanded responses. He stated that Oak Brook needs to continue to be considered an exclusive luxury community or it will lose its heritage, character and property values. Member Wilczak was concerned about Senior Lifestyle's tax revenues mainly going to Elmhurst schools. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 9 May 21, 2018 Member Hasan questioned the zoning districts listed in the text amendment. Director Budzikowski responded that three districts listed were consistent with the current multi -family zoning for their district. 04 and ORAL are districts where there have been multiple inquiries for senior housing. Trustee Tiesenga discussed the data mentioned by Member Doyle from the Comprehensive Plan. Motioned by Member Doyle, seconded by Member Hasan to continue the matter to the next Plan Commission meeting on June 18, 2018 when more data, research and possible revisions will be presented. ROLL CALL VOTE Ayes: 5 — Members Doyle, Hasan, Lal, Wilczak and Chairwoman Tropinski Nays: 0 — Absent 1 - Member Iyer. Motion Carried. 5. NEW BUSINESS A. WENNES ESTATES SUBDIVISON — 3622 YORK ROAD — PRELIMINARY AND FINAL PLAT — 2 -LOT SUBDIVISION Chairwoman Tropinski announced the petition and Member Lal excused himself from the meeting. Tony Budzikowski, Development Services Director gave an overview of the petition from Chicago Title Land Trust, as trustee #11-12497, owner of the property at 3622 York Road in the R2 district requesting a two lot subdivision and subdivision regulations variations for the Wennes Estates Subdivision. In addition, a plat of vacation was reviewed by the Village Board of Trustees on May 8, 2018 to vacate .201 acres of the Luthin Road street right-of-way which would increase the lot size to 87,130 square feet. The street right-of-way will be reduced from 100 feet to 64 feet wide. The ordinance approving the plat of vacation was conditioned on the satisfactory completion of three conditions and if they are not met, the plat of vacation approval would not be effective or recorded by the village. The three conditions are: 1. Village Board approval of the applicant's preliminary/final plat of subdivision. 2. Village Board approval of the Easement Grant over the vacated right-of- way. 3. Payment by the applicant to the village the amount of $80,000 as consideration for the vacated right -of way. The proposed preliminary/final subdivision plat depicts two single family lots each containing one acre of land area. Both lots comply with the R-2 District requirements of a minimum of one acre (43,560 square feet). There are several VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 9 May 21, 2018 NEW BUSINESS WENNES ESTATES SUB. - 3622 YORK - PREL AND FINAL PLAT - 2 -LOT SUB. subdivision code variations/waivers sought that include street and pavement width reduction, curb and gutter, sidewalks and street lights would not be provided. The waiver of those public improvements fit with the "rural' character of the neighborhood and surrounding area. Attorney Asprooth reviewed the petition for both the preliminary/final plat and the variations. Mark Daniel, Daniel Law Office, P.C. 17W733 Butterfield Road Suite F, Oakbrook Terrace briefly discussed the petition including the following variations sought: • 14-6-1 Conformance Required. • 14-6-3A.2 Street and Pavement Width • 14-6-3A.3 Curb and Gutter • 14-6-3E Sidewalks • 14-6-317 Street Lighting A PowerPoint presentation was provided showing the proposed plat with all required setbacks shown. The area along Luthin Road was vacated on May 8, 2018 showing the current and proposed lot line. He discussed all of the village requested easement protections for the vacated property and believed each lot would accommodate a 6,000 square foot home. Mr. Daniel presented a slide showing the Riparian Rights & The Pond. He stated the fundamental rule in drainage is "he who sits higher, drains lower" and mentioned that section 2-1 of the Illinois Drainage Code states "an individual owner can drain from his property and alter the drainage solely within his property to manage the outflow offsite and not be liable". He pointed out the distance of the existing two houses on Wennes Court to Luthin Pond, stating that these proposed two lots are further in distance to the pond from any direction. Mr. Daniel stated that after dividing the property into two lots, each lot would be substantially larger than most of the lots on Luthin Road and would be approximately the same size as the lots on Wennes Court. The new subdivision is within the trend in the area and that it does meet the code requirements. On May 8', the village approved an ordinance granting the vacation of the Luthin Road right-of-way. The law in Illinois states that adoption of a plat of vacation granting a portion of a road is valid, and that it is very rare that any court in Illinois would ever reverse that. He asked that the Plan Commission consider the plat of vacation (as approved by the village board) that makes the existing parcel a total of two acres, which can then be divided into two one -acre lots. Mr. Daniel noted that the Plan Commission previously requested a condition to provide an easement to be available for a bike path along York Road. If the Plan Commission conditions its recommendation based on a nine -foot easement for the bike path, they would grant up to nine feet of easement on their property. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 9 May 21, 2018 Jon Green, President, Engineering Resource Associates stated that he performed the civil engineering, land surveying and land planning submittal for the application. The preliminary plat showing the existing topography, drainage and utilities was reviewed. He mentioned that homes built on either lot would face south (Wennes Court) and connect to the existing sewer and water mains between the lots and York Tavern. It was confirmed with the village engineer that the mains have enough capacity to accommodate the two lots. He went into great detail regarding the lot's drainage and stated the lot is currently in compliance with the village's stormwater ordinance and any future development would require further stormwater detention for each individual lot. Member Doyle mentioned that there had been a past village initiative to complete a bike path on both sides of York Road and that it had not been completed in part due to residents not willing to give up a portion of their easement. A section of the Comprehensive Plan states that "The Village of Oak Brook has adopted a plan for and will continue to require dedication of an open space network for bicycle and pedestrian pathway purposes in all subdivisions. Care is to be taken in all future planning to require easements and access for pathway systems pursuant to the bicycle and pedestrian pathway plans, and require, when appropriate that the sub- dividers install the improvements. The objective is to provide a network for non - motorized transportation that permits residents access to recreation, school, community and commercial facilities." He added that it would be appropriate to include provisions for the easement and construction of the bike path when the east lot is developed. Scott Day of Day, Robert and Morrison P.C. 300 East Fifth Ave, Naperville, IL represented Dr. Samuel and Rita Girgis, 506 Wennes Court, and Lawrence Herman, 413 Luthin Road and stated that his clients have opposed the request for the plat vacation, and the proposed subdivision and variations on several occasions. On each occasion he believed the village took their objections into consideration and previously denied the petitioners requests. On April 24, 2018 the village board conditionally approved the plat of vacation of a portion of the Luthin Road right-of- way and that at this point an official plat of vacation does not exist. Mr. Day discussed the code definitions of a half street and a full street and their particular standards. The proposed street (after the plat of vacation) would be considered a half street which he believed is prohibited for this subdivision since it is facing Wennes Court and not Luthin Road. He believed there were serious drainage issues and questioned the existence of any catch basins on the lots and that the stormwater would go into the Luthin pond. They have to prove that their drainage system would work. The current drainage was created in 1949 under the 1889 drainage code as a common interest drain. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 9 May 21, 2018 Greg Wolterstorff, Vice President and Director of Natural Resources for V3 Companies presented an exhibit from Christopher B. Burke Engineering showing the watershed drainage to Luthin Pond. He raised concerns about the water flow in the area and the fact that there are no storm sewers leaving the watershed and that everything ends up in the Luthin Pond and there is no way for it to go out. The existing primary storm/sewer infrastructure that goes under that road and heads south is in failing condition. He believed a solution would be to create an outfall from Luthin Pond which would cost over $75,000. The problem with subdividing and building homes on the lots is that every new square -foot of impervious area in excess of what currently exists would be an increase in discharge to Luthin Pond. Mr. Day showed photos taken that morning of the lot with standing water, suggesting drainage was an issue. He asked that the Plan Commission address the standards that are required for a half street. He also asked that drainage conditions be mandated if the Plan Commission grants a recommendation which include that the developer must install an outfall facility that will allow Luthin Pond to discharge water and Mr. Romanelli pay his share (for two lots) for the repairs to Luthin Pond. Mr. Daniel said the photos shown with the standing water were taken right after a large rainfall and that by the end of the day the water had substantially subsided. He questioned Mr. Day's exhibit showing what he called a common drain system flowing to Luthin Pond. Mr. Daniel believed the request for participation in the expenses to repair Luthin Pond were being presented too late. He said that he tried to speak with Dr. Girgis in good faith regarding cooperation for the drainage issues, but the conversation was rejected. At that brief meeting he mentioned that DuPage County has a right- of-way that flows into Luthin Pond. There was a 2017 grant that the DuPage County Stormwater Committee has in place allowing residents to apply for grant funds if they live in areas where several properties experience stormwater overflow. The watershed slide showed that the outflow of water from Luthin Pond flows north which is the opposite direction of Mr. Day's clients' property. He believed the current owners have not maintained the pond and he respectfully declined Mr. Day's request that they share in costs for repairs to Luthin Pond. There is no open or covered drain or culvert on their property that is shared with any other property, or that is part of a common drain system. He suggested that a portion of the $80,000 fee being paid to the village for the easement and could be used to construct the bike path. He agreed to the condition to dedicate a 9 -foot easement for the bike path. Director Budzikowski addressed the disagreement regarding the water flow from Luthin Pond. He spoke with the Village's public works department and was informed that there is a water main project that will occur around Luthin. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 9 May 21, 2018 Additionally, there is approximately $20,000 allocated to correct the outfall from Luthin Pond. This was contingent on easement issues from several property owners as well as with the Village Board's approval. Chairwoman Tropinski said that she had conversations with the village engineer and it was determined that most of the rain water from the petitioner's property does not go into Luthin Pond, nor does it pose a problem. She stated it was unfair to say that this property contributed to existing issues with Luthin Pond. She believed the village is very particular about water runoff from all new construction and that any issues would be addressed during the building permitting process. The property is a workable piece of land that can be satisfactorily developed. Larry Herman, 413 Luthin Road raised concerns about the drainage into the Luthin pond. The photos taken of the standing water was not an insignificant amount, nor was it an unusual occurrence. The fact that the parcel in question was developed to be a 1.8 -acre lot and not be to broken down for development due to increased water flow. He has been in discussion with the village for years regarding the problems with the pond, which he believed are caused by any new development. Sam Girgis, 506 Wennes Court said that Paul Butler's vision of Oak Brook was that a third should be residential, a third commercial and a third open land. He bought his lot due to the rural feel and believed the petitioner's lot was designed for one home, not two and that dividing the lot would change the character of the neighborhood. Jeff Bulin, 320 Luthin Road raised concerns about the proposed width of Luthin Road in addition to the change in character to Luthin Road adding that once the properties were developed, Luthin Road would only see the rear of a home or a fence. This would create a non -conforming issue and would forever change the character of Luthin Road. He liked the idea of the request to develop a bike path. Mary Anne Clark, 523 Wennes Court believed that building two homes on the property that do not face York Road does not fit the character of the neighborhood nor does it fit the character of Wennes Court. Ed Cladek, 408 Luthin Road said that the neighborhood was uniformly against this petition and did not believe it was in the best interest of Oak Brook adding that there should be prohibited uses of the backyards due to the view from Luthin Road. As an engineer he believed any new development adds to the pond level problem. Mr. Daniel responded to the neighbors stating that they are not able to build the house facing York due to the Village's Comprehensive Plan and the zoning ordinance. He believed the proposed development of each lot has been well planned. He noted that some neighbors have unfairly accused Mr. Romanelli of illegal dumping and tree cutting. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 9 May 21, 2018 Mr. Herman expanded on the illegal dumping and did believe Mr. Romanelli had something to do with it. Member Doyle said that the developer should be responsible for the construction costs of the bike path. Motioned by Chairwoman Tropinski, seconded by Member Hasan to recommend for approval of the preliminary and final plats for the 2 -lot subdivision as well as the following variations to sections of the subdivision code: • 14-6-1 Conformance Required • 14-6-3A.2 Street and Pavement Width • 14-6-3A.3 Curb and Gutter • 14-6-3E Sidewalks • 14-6-3F Street Lighting Also subject to the following conditions: 1. A dedicated 9 -foot easement for a future bike path once the east lot is developed. 2. The cost construction of a bike path unless the village decides to extend that bike path prior to the development of the east lot. 3. Final engineering approval. ROLL CALL VOTE Ayes: 3 — Members Doyle, Hasan and Chairwoman Tropinski Nays: 1 — Member Wilczak Absent 2 - Members Iyer and Lal Motion Carried. 6. OTHER BUSINESS Director Budzikowski reviewed possible upcoming cases. 7. PUBLIC COMMENTS There were no public comments. fE00002MIMANNIH," Motion by Member Doyle, seconded by Member Wilczak to adjourn the meeting at 9:52 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 9 of 9 May 21, 2018 OTHER BUSINESS PUBLIC COMMENTS ADJOURNMENT