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Minutes - 06/17/2019 - Plan Commission1 2. 3. Q VILLAGE OF MINUTES OF THE JUNE 17, 2019 OAK BR R K.REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS AMENDED JULY 15, 2019 CALL TO ORDER: CALLTO 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. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Richard DiBernardo, Thomas Doyle, Raj Lal and Kenneth Wilczak ABSENT: Members Raju Iyer and Rahma Hasan IN ATTENDANCE: Trustee Edward Tiesenga, Trustee Michael Manzo, Village Attorney Kurt Asprooth, Development Services Director Tony Budzikowski, Planner Rebecca Von Drasek and Planning Technician Gail Polanek APPROVAL OF MINUTES: MINUTES REGULAR PLAN COMMISSION MEETING OF MARCH 18.2019 MARCH 18, 2019 Motion by Member Doyle, seconded by Member Wilczak to waive the reading of the minutes and to approve the minutes of the March 18, 2019 Regular Plan Commission meeting as written. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS UNFINISHED BUSINESS A. 3005 OAK BROOK HILLS ROAD - ALBURJ, LLC, DARWEESH AND AL- 3005 OAK BROOK DALLAL - MAP AMENDMENT - TO REZONE THE PROPERTY FROM HALBURJ Ro LSC - THE R-1 TO R-2 SINGLE-FAMILY DETACHED ZONING DISTRICT MAP AMEND - FROM R-1 to R-2 Chairwoman Tropinski announced the petition and asked Director Budzikowski to provide updates. Director Budzikowski provided a short recap of the February 11, 2019 Plan Commission meeting. Based upon the discussion at that meeting, the petitioner reevaluated their request and has submitted an amended application, which includes the rezoning request from R-1 to R-2 and an application for a final subdivision plat for a two (2) lot residential subdivision. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page.1 of 11 -If� June 17, 2019 Mark Daniel, Daniel Law Office, P.C. 17W733 Butterfield Road, Unit F, Oakbrook Terrace, IL, attorney for the applicants gave an overview of the requests. At the last meeting they provided a three (3) lot concept plan, but based on the input and direction of the Plan Commission they have submitted an application for a two (2) lot subdivision. There will be separate access points provided for each lot. They will continue to have access across 3001 Oak Brook Hills Road remain for the north lot. They will bring the access to the south lot directly from Oak Brook Road (311 Street). In March 2019, they obtained from the DuPage County Division of Transportation preliminary indication that they would allow direct access onto Oak Brook Road from the south lot. Last week, they received word that the owners of 3001 Oak Brook Hills Road are disputing the access easement across their property. They also understand that some neighbors are objecting to the zoning change. He presented a PowerPoint which included the proposed final plat in order to show the lot density. The south lot is 1.35 -acres and would have access from Oak Brook Road which has no effect to traffic on Oak Brook Hills Road. The south lot is entirely disconnected from Oak Brook Hills Road. They will continue to share in the cost of maintenance and the private improvements of Oak Brook Hills Road. The north lot is 2.36 -acres and would continue to have access from Oak Brook Hills Road. Its front yard setback would align with the vacant lot due north at 2923 Oak Brook Hills Road which complies with zoning setback requirements. A comparison of lots along Baybrook and Oak Brook Hills Road showed that many lots were smaller than the proposed south lot. hi addition, all of the lots on the east side of Oak Brook Hills Road and are zoned R-2 have more density than the west side lots that are zoned R-1. Between Meyers Road and Midwest Road approximately 30% of the north frontage lots and 49% the south frontage lots are situated within 100 -feet of Oak Brook Road. 100% of opposing south Oak Brook Hills Road frontage homes are 60 -feet from the right-of-way. One additional home to be located within 100 -feet of Oak Brook Road would not be detrimental to the character of the neighborhood. The shared access driveway between 3001 and 3005 has been in existence since before 1956 and has shared access since that time. In 2018, the debilitated home at 3005 Oak Brook Hills Road was demolished. Prior to issuing the demolition permit, the new owner had to provide proof of access to the Village. The access drive was used during the entire demolition process. There was a 1971 deed that split the east 285 -feet from the west 285 -feet of the parcels. He noted the language "The grantors reserve to themselves, their heirs and assigns an easement appurtenant for driveway purposes over and across the north VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 1 ] June 17, 2019 ib fifteen (15) feet of the premises hereby conveyed". hi 1980, when a new home was being constructed at 3005 Oak Brook Hills Road, along with the owners of 3001 Oak Brook Hills Road an easement agreement was created that governed the maintenance of the access easement in order to share the cost of the shared drive. The recorded Grant of Easement was provided for the record. His clients would be willing to pay 100% of the access drive's maintenance costs going forward. An exhibit of a 1980 Sanitary Sewer Plan clearly showed the access drive. In 1981 the Village approved a site plan that showed the access drive easement. A 1982 ComEd easement showed the access drive as well. Several additional recorded transactions refer to the access drive as well as photos of the continued shared access throughout the years. In 2018, the petitioner purchased the property at 3005 Oak Brook Hills Road through a sheriff's sale. The recorded document grants the new owners hereditaments and appurtenances to the property; which essentially grants them all rights, easements, access and similar interests belonging to or for the benefit of such land. A surveyor's sworn site plan of existing conditions included the access drive, the existing home at 3001 Oak Brook Hills Road and the now vacant lot at 3005 Oak Brook Hills Road. The drive was used throughout the entire demolition process with no objection. An aerial view of the Hollirob Acres Subdivision, located just north of the subject property showed three (3) lots with an average lot size of 1.48 -acres. The proposed 2 -lot subdivision has an average lot size of 1.86 -acres. The annexation history showed a lack of unified planning for the neighborhood. He believed the staggering of the annexations may have occurred due to the village not wanting to provide services to properties outside of their jurisdiction. A slide was shown of the Flagg Creek sanitary connections in the immediate area. He asked the commissioners to consider obvious differences between the east side and west side of Oak Brook Hills Road. The street is the line of demarcation between less dense development (R-1) on the west side of the road and denser development (R-2) on the east that abuts the north side of this parcel. He noted that the village has the capacity to put a restriction on the plat to ensure the proposal remains as a 2 -lot subdivision that will have access restrictions. The county will likely also ensure that the south lot will be the only lot with direct access to Oak Brook Road (31st Street). Ray Paice, 2921 Oak Brook Hills Road, a 40 -year resident, owns the two lots just north of the subject property and opposed the rezoning of the property. He was VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 11 June 17, 2019 worried that if the zoning request was granted that several other large lots would want to subdivide as well as creating more traffic on the access drive. The original lot was setup to use Oak Brook Road (31" Street) for access. Once the lot was sold and divided into two addresses 3001 and 3005, they used the drive with the shortest distance. He believed that lot should not have an Oak Brook Hills Road address since it is not connected to Oak Brook Hills Road. John Ciciora, 2911 Oak Brook Hills Road and the President of the Homeowner Roadway Association opposed the rezoning of the property. He stated that Oak Brook Hills Road is a private, gated road. He believed the owners of 3001 Oak Brook Hills Road will file a lawsuit to prevent the use of their driveway for access to 3005. The character of Oak Brook Hills Road will be diminished if the lot is subdivided. Jayal Amin, 1900 E. Golf Road, Suite 1120, Schaumburg, IL attorney for the Veluchamy family, owners of 3001 Oak Brook Hills Road objected to the approval of the proposed map amendment and the 2 -lot subdivision. He believed that the language in the 1971 Deed granting the easement pertained directly to Ryan family, their heirs and no others. If it were an easement that belonged to the land, it would have included the language "successors". He had no knowledge of any assignment of an express easement of record, and therefore believed it didn't exist. The earlier presentation showed implied easements or easements of necessity which are creations of common law and that those types of easements are predicated on the fact that the property has no other access to the property. In this case, 3005 Oak Brook Hills Road has implied access through Oak Brook Road (31s' Street). Due to the disputed property access rights, he believed it would be best to delay any approval of the map amendment and subdivision requested. Member Wilczak asked if there were loans needed to buy the 3005 Oak Brook Hills Road property. Mr. Amin replied that it was a foreclosure, but would say yes. Member Doyle questioned if the access drive had ever been blocked. Mr. Amin did not know the answer, but was willing to find out. Village Attorney Asprooth clarified that the Plan Commission and the Village do not have authority in determining access rights. Access to 3005 across 3001 is a private agreement that the parties must determine its validity between themselves. The role of the members is to determine whether or not the applicant has met the standards for both the map amendment and the 2 -lot subdivision. Member Lal questioned Director Budzikowski if he had done the historical research that he said he would conduct during the February l la' meeting and what historical information he had. Director Budzikowski responded that lot size comparison information was provided as well an updated staff report and questioned if he needed something more specific. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 11 June 17, 2019 Member Lal described his history of Oak Brook Hills Road and the use of a transponder that was made available to Ginger Creek residents and added that it was a private road. He was very familiar with the area and believed the surrounding property owners would like to maintain the character of the neighborhood. He said that the commission needs to be consistent when approving subdivisions. Tony Costello, 3000 Oak Brook Hills Road was opposed to the rezoning of the property stating that it would diminish the neighborhood and thought that access for the south lot to Oak Brook Road (31St Street) would be too close to Oak Brook Hills Road and cause safety issues. Giljut Singh, 2917 Oak Brook Hills Road was opposed to the rezoning of the property because it would diminish the character of the neighborhood. Member DiBemardo asked Director Budzikowski to review the zoning in the immediate area and asked if Mr. Paice's property was zoned R-2. Director Budzikowski referred to page 7.d of the case file that has a site map of the area showing lot sizes and zoning districts adjacent to and around the perimeter of the property. He confirmed that Mr. Paice's property is zoned R-2. Member DiBernardo noted that there were only eight lots zoned R-1 in the entire area, rezoning the property to R-2 would be consistent with other properties east of Oak Brook Hills Road and north of the property. However, it appeared that the residents think the property is not consistent for the area, although it may appear that some of the houses may be on larger lot, they are not and are also zoned R-2. Director Budzikowski noted that there were a variety of lot sizes on the east side of Oak Brook Hills Road ranging in acres just north of the property from 1.07, 1.13, 2.2, 3.7, 1.35, and I.I. The properties on the west side of Oak Brook Hills Road are zoned R-1 and larger ranging for 2.4 to 3.4. Just west of those eight lots is additional R-2 properties ranging from .98 to 1.57 acres. Member Wilczak commented that he did not think there were a lot of homes on busy streets in Oak Brook other than York Road. The properties zoned R-3 are within a subdivision and the individual lot does not have a driveway on Oak Brook Road. He believed properties that abut busy streets should be larger lots with more restrictive zoning to keep with the consistency of the community. Mr. Daniel responded to the comments from the residents. He addressed the legal term "appurtenant" which grants them all rights, easements, access and similar interests belonging to or for the benefit of such land, not a person, but the land. He referred to the question regarding a mortgage to purchase the property since a review of access would be conducted during the underwriting process. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5of11 June 17, 2019 He addressed the comment about having a larger setback on a busy road. The south lot has large berms along Oak Brook Road that affect stormwater management, maintenance and visibility. With a 106 -foot deep buildable lot there is plenty of room to shift a home further north towards the back of the lot. He was not concerned about the south lot's driveway distance to Oak Brook Hill Road being too close as the distance would be nearly the same length as a professional soccer field and there would not be any safety issues. Mr. Daniel discussed the concerns that were raised in the Zoning Protest Petition and that several of the objection letters were from individuals who own property in the R- 2 zoning district. No public comments were made regarding a reduction in property values. Although comments were made about increased traffic and safety, he noted that there was not much traffic on Oak Brook Hills Road. There were no concerns raised regarding stormwater management nor did anyone provide detailed inconsistencies with the Village's Comprehensive Plan or surrounding uses. There were not any safety concerns when the Veluchamy family's (3001 Oak Brook Hills Road) were driving along the shared access driveway. He did not believe there would not be any change in the character of the neighborhood and it would be consistent to zone this property R-2. A comment was made suggesting 3005 should use Oak Brook Road (31' Street) as their street address and not Oak Brook Hills Road. However, fees have always been paid to the homeowner association and for the maintenance of the private road transponder in order to use the street. At this meeting it was learned that homeowners in the Ginger Creek subdivision were provided a transponder to access the private Oak Brook Hills Road, yet there did not seem to be any concerns that there was a safety or traffic issue. A comment was made regarding the threat of litigation in regards to the access. However, that is not a reason to delay the petition. The standards have been met and the surrounding zoning is consistent with the area. He was hopeful that the members would consider the evidence presented and find that the request is consistent with the current zoning/planning as well as the Comprehensive Plan. Chairwoman Tropinski stated that the request for the map amendment had met the standards as required for a map amendment, was in compliance with the Comprehensive Plan, and was consistent with the surrounding properties. Motion by Chairwoman Tropinski, seconded by Member Doyle to recommend approval of the request for a map amendment to rezone the property from R-1 to R-2 subject to the condition that any future subdivision would be required to a have a separate access point for each parcel without a shared access. ROLL CALL VOTE: Ayes: 3 — Members DiBemardo, Doyle and Chairwoman Tropinski Nays: 2 — Members Lal and Wilczak Absent 2 - Members Hasan and Iyer. Motion Carried. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 11 -rb June 17, 2019 5. NEW BUSINESS A. DARWEESH/AL DALLAL SUBDIVISION — 3005 OAK BROOK HILLS ROAD — FINAL PLAT — TWO -LOT SUBDIVISION Chairwoman Tropinski announced the petition for the final plat of subdivision. Mark Daniel, Daniel Law Office, P.C. 17W733 Butterfield Road, Unit F, Oakbrook Terrace, IL, attorney for the applicants gave an overview of the request and provided slides showing the preliminary plat of subdivision due to the fact it contained more detailed information than the final plat, both were contained in the case file. The final plat would meet all zoning standards for the R-2 District, noting that the subdivision was contingent on the Village's acceptance of the map amendment to rezone the property from R-1 single-family to R-2 single-family. The north lot would continue to use the easement access driveway that it has shared prior to 1956. He believed the access easement agreements discussed in the map amendment petition all continue to remain in place. Although there is no limit to the number of homes that are able to use the easement, there is no intention to bring access from that easement to the proposed south lot 2. In March of 2019, the County gave preliminary approval to allow driveway access for one lot onto Oak Brook Road subject to final engineering and permitting. The driveway is anticipated to be approximately 385-400 feet east of Oak Brook Hills Road. The owner is willing to work with the Village to provide language for a village access restriction. The north lot currently has storm, sanitary and water utilities. They will work with Flagg Creek on invert elevations and design to connect the utilities to lot 2. Flagg Creek would have to engage in any permitting tied to the sanitary extension and sign - off on the final plat. Stormwater management would comply with the Village of Oak Brook and DuPage County Stormwater and Floodplain Regulations. The applicant is seeking waivers from the subdivision regulations that are typically requested in a two -lot residential subdivision. • Section 16-6-213.1 — Lots abutting a street — The subdivision creates an interior lot. This lot currently only has an access easement to Oak Brook Hills Road and they are seeking to maintain that access when the property is subdivided. • Section 14-6-3A — Paved street system. Without the existing easement, Lot 1 does not have access to a street. The request seeks to preserve existing conditions and allow for continuity of the longstanding design of Oak Brook Hills Road and the private easement. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 11 w June 17, 2019 NEW BUSINESS DARWEESH/AL DALLAL SUB - 3005 OAK BROOK HILLS RD - FINAL PLAT - 2 -LOT SUB • Section 14-6-3A.3 — Curbs and Gutters. There are currently no curbs or gutters along Oak Brook Hills Road. As "county only" regulations apply to 315` Street/Oak Brook Road, the request for relief applies to both proposed Lot 1 and proposed Lot 2. • Section 14-6-3E — Sidewalks. There are currently no sidewalks and they request that no sidewalks be expected. • Section 14-6-317 — Streetlights. There are no streetlights on Oak Brook Hills Road except at its intersection with 3I't Street/Oak Brook Road. The request is that no street lights be expected. However, the applicant is willing to comply with any county requirements for Lot 2 and to work with the owners of 3001 if a street light is requested for light Lot 1. The applicant believed the requested waivers are consistent with what exists in the neighborhood. The preliminary plat was produced for demonstrative purposes in order to provide a greater amount of detail, such as the topography on the site. Only a final plat is necessary for approval since there is no principal use on the parcel. Mr. Daniel believed the petition met the standards for a 2 -lot subdivision. He noted the request depends on a change in zoning classification from R-1 Single Family to R-2 Single Family zoning. The owners of the parcel have every intention to own both lots for many years to come. Their original intention was to hold Lot 2 for their son. He believed a deeper setback requirement on Lot 2 could cause a public safety issue. The current setback is consistent with other homes on Oak Brook Road. Adding a greater setback would also take away the flexibility to position the home facing southwest. However, they were open to discussion about what the members see as the necessary front yard setback. Chairwoman Tropinski commented that there is a significant berm along the front yard of Lot 2 and did not believe there was a need for a larger front yard setback. Giljut Singh, 2917 Oak Brook Hills Road objected to the subdivision stating that the stormwater flows onto his property. He installed his own drainage system due to water buildup on his property from several locations that he believes was caused by the improvements made on the golf course. He wanted the new owners to provide drainage from their property. Chairwoman Tropinski responded that drainage issues would be addressed as part of the building permitting process. Director Budzikowski added that the golf course is DuPage County and not under the Village's jurisdiction. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 11 June 17, 2019 ffD Mr. Singh invited Director Budzikowski to view the water collection on his property after a large rain and that he did not have any drainage issues when his home was built in 2000. Director Budzikowski tried to explain the County's Stormwater Ordinance to Mr. Singh, but he did not allow Director Budzikowski to finish his statement. He then noted that each lot will be required to submit a grading plan. If either lot exceeds 25,000 -square feet of impervious surface they will be required to provide private detention. Member Wilczak said that the pond in Midwest Club has consistently flooded since the golf course was redesigned. He did not believe the subject property was designed to be two lots and was not consistent with the Comprehensive Plan. Member DiBernardo questioned the setbacks. Director Budzikowski confirmed the setbacks and added that the members could propose a condition that the north lot line of Lot 2 be moved further north and that there was plenty of flexibility in adjusting the two lots sizes. Mr. Daniel noted the previous setbacks on the property due to the previous position of the former house and how it was angled with the garage positioned to face the golf course. He asked that the members give consideration to requiring additional setbacks and if their request would be for an additional 10 -foot setback to create a view scape, if there could be a vote taken on that issue. Attorney Asprooth recommended against multiple votes, stating the Village Board would see the case file and could make any changes to conditions at that time. Member Lal thanked Mr. Singh for taking the time to voice his concerns. He assured him that the members represent the residents. He was concerned about the number of alterations to subdivisions by the members and also about setting a precedent. Member Doyle questioned if there was a proposed bike path on 31St Street/Oak Brook Road. Director Budzikowski responded that there was a bike path on the south side of 311` Street/Oak Brook Road and was not aware of a bike path proposed on the north side. Member Doyle asked if the homeowner would consider increasing the size of the south Lot 2. Mr. Daniel responded that the south Lot 2 was intentionally made smaller due to marketability. Since the lot does not have access to Oak Brook Hills Road, it cannot be considered part of the that street. Increasing the size of Lot 2 would decrease the VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 11 June 17, 2019 in size of Lot 1 and limit the privacy of the home on Lot 1 where the applicants will reside. He agreed to increase the lot size and shifting the lot line 10 -feet north in order to create a larger front yard setback for Lot 2. He noted that the home may already require a larger setback due to stormwater management practices. There was discussion about the sizes of the lots along Oak Brook Hills Road and 315` Street/Oak Brook Road. Director Budzikowski advised that the Village is a full waiver community and all stormwater and floodplain will be reviewed. He did note that there was not any floodplain on this property. Member DiBernardo requested a 60 -foot setback for the front yard of Lot 2 which can be accomplished by adjusting the size of Lot 1. Ray Paice, 2921 Oak Brook Hills Road stated there was an incident on the access driveway to 3005 in 1985. The driver went too fast, lost control and caused damage to his property. Motioned by Member DiBernardo, seconded by Member Doyle to recommend approval of the request for a final plat for the 2 -lot subdivision subject to the following conditions: 1. Obtain final approval of the proposed map amendment to rezone the property to R-2 Single Family. 2. Adjust Lot 1 (north lot) to accommodate a larger front yard setback on Lot 2 (south lot). 3. Waiver Section 14-6-213.1 — Lots abutting a street — The subdivision creates an interior lot. This lot currently has had access only to Oak Brook Hills Road and they are seeking to maintain that access when the property is subdivided (see case file page B.3) a) Section 14-6-3.A — Paved street system b) Section 14-6-3A.3 — Curbs and gutters c) Section 14-6-3E — Sidewalks d) Section 14-6-3F — Streetlights 4. Final Engineering approval. ROLL CALL VOTE: Ayes: 3 — Members DiBernardo, Doyle and Chairwoman Tropinski Nays: 2 — Members Lal and Wilczak Absent 2 - Members Hasan and Iyer. Motion Carried. OTHER BUSINESS It was anticipated that Christ Church subdivision would be discussed at the next meeting. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 10 of 11 June 17, 2019 OTHER BUSINESS 7. PUBLIC COMMENT PUBLIC COMMENTS 13 John Ciciora, 2911 Oak Brook Hills Road was opposed to the subdivision. ADJOURNMENT: Motion by Member Wilczak, seconded by Member Doyle to adjourn the meeting at 9:10 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 11 of 11 i� June 17, 2019 ADJOURNMENT