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Minutes - 01/21/2019 - Plan Commission1 2 3. El V R.LAC1 oI MINUTES OF THE JANUARY 21, 2019 OAK B RqRIK , REGULAR MEETING OF THE PLAN COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON FEBRUARY 11, 2019 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 7:01 p.m. ROLL CALL: Gail Polanek called the roll with the following persons PRESENT: Chairwoman Marcia Tropinski, Members Richard DiBernardo, Thomas Doyle, Rahma Hasan, Raju Iyer, Raj Lal (arrived 7:04) and Kenneth Wilczak IN ATTENDANCE: Trustees Edward Tiesenga and Mom Saiyed, Development Services Director Tony Budzikowski, Planner Rebecca Von Drasek and Planning Technician Gail Polanek APPROVAL OF MINUTES: REGULAR PLAN COMMISSION MEETING OF NOVEMBER 19, 2018 The minutes of November 19, 2018 Regular Plan Commission meeting were continued to the next meeting for revisions. VOICE VOTE: Motion Carried. UNFINISHED BUSINESS CALLTO ORDER ROLLCALL MINUTES NOVEMBER 19, 2018 UNFINISHED BUSINESS A. VOB — COMMERCIAL AREAS REVITALIZATION PLAN _ VOB - COMM'L AREAS REVITAL COMPREHENSIVE PLAN UPDATE TO ORDINANCE S-1229 PLAN UPDATE TO ORD. S-1229 Chairwoman Tropinski announced that this was the continuation of the public hearing from the last meeting. All witnessed were sworn in. Director Budzikowski summarized the closing of the last meeting stating that the Commissioners were asked by Chairwoman Tropinski to review the Subarea Framework components and the "Vision" statement of the draft Plan in order to provide more feedback and commentary. He mentioned that Laure Kosey, Executive Director of the Oak Brook Park District had notified the Village that there was a pending contract to purchase the McDonald's Field's 34 -acres property. It was anticipated that the closing would take place around February 4, 2019. He said that VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page I of 10 January 21, 2019 most of the public comments from the last meeting were in regards to the McDonald's Fields property remaining as open space. Due to the new information, the Commission should view the property in its current form. The McDonald's Plaza also has a contract pending and the contract purchaser had recently brought a preliminary concept plan to the Village Board for review. Based upon discussion and feedback for the project, the developer, Hines is targeting a Planned Development Commission public hearing for February 28, 2019 for review of their mixed-use development concept. The development proposal is somewhat different than what was presented in the Plan. It has some of the components, but is less dense. Residential condominiums, apartments, a hotel, office space, restaurants and retail are all identified in the proposal. Staff will keep the Plan Commission apprised of these properties and any pending transactions. John Houseal, Houseal Lavigne Associates opened the forum to give commissioners an opportunity to ask questions and provide feedback. Chairwoman Tropinski suggested shortening the Vision statement as follows: Strengthen the economic vitality of existing commercial areas and maintain quality of development. Designated commercial areas have been identified as redevelopment opportunities for mixed-use development to provide a wider range of housing types in close proximity to commercial activity and employment. All commercial areas provide effective transportation and infrastructure for easy access, which includes walkability and bikability." Member Doyle felt the parking and lighting options within the Plan should be addressed more seriously. He was concerned with some current parking garage lighting and the height of some of the light poles. He referenced the lighting at Christ Church and how well it had been thought out. Some garages are going to backup to residential properties and he believed special care should be taken when choosing the particular lighting. Mr. Houseal responded that Member Doyle's points were good and the Plan can be amended with references to illumination and line of sight. Member Hasan mentioned an article she read regarding the Affordable Housing Act. Director Budzikowski stated staff was speaking to the village attorney regarding this subject. He believed there was not a requirement to provide affordable housing, but that there has to be an affordable housing plan in place. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 2 of 10 January 21, 2019 Mr. Houseal added that there was a requirement that 10% of housing stock in a community must be set aside for affordable housing. The term affordable is used against the cost of all housing (mortgages and rent) in the county and uses a state assigned formula. If a community has less than 10% affordable housing according to the formula, they are considered non-exempt and are required to have an affordable housing plan in place. When there is a new residential development, a percentage of that new development could be deemed affordable housing. He gave the example that 85% of a rental development could be listed at market rate and 15% would be structured to meet the state requirement of affordable housing. Chairwoman Tropinski asked Director Budzikowski if the Subarea Framework portions of the Plan were mandatory or guidelines. Director Budzikowski explained the Plan is a guide that should provide property owners and future developers suggestions/recommendations for land use. The guide will likely be revised in 5 to 10 years taking into account the current market conditions at that time. Member Wilczak was concerned with the amount of traffic mixed-use developments bring and believed only Oakbrook Center would be able to tolerate it. He did not believe there was a market for multi -family residential in Oak Brook other than the properties adjacent to Oakbrook Center. Member Doyle questioned why the plan showed two slip ramps entering I88. He raised concerns about the cross access in parking lots detailed for the West End of the Plan. He also commented on the proposed bike trail connections, stating that the connections needed to be more defined on the West side of Midwest Rd. Mr. Houseal responded that the ramps were shown as potential locations and that only one would be approved. He addressed the cross access concerns stating that it is common practice and many communities require it. He explained that 22"d Street has very heavy traffic and the idea is to prevent having to go on and off of 22"d Street just to go to an adjacent restaurant or shop. Practice has shown that a cross access does not become a cut -through and that it makes traffic movement safer. Property owners would have to agree to cross access within their parking lots. He reviewed the bike trail connections and explained the Plan detail areas that appear to be missing sidewalks, but does not show the existing sidewalks. He said they can add another line showing existing sidewalks if needed. Chairwoman Tropinski was concerned with safety along the bike trail on the north end of I88 near Midwest Road. Director Budzikowski responded that the proposed bike trail is along a ComEd easement and may be a good and clear path for bicycle and pedestrian traffic. He VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 3 of 10 January 21, 2019 believed it would be a good opportunity if an agreement was reached with the utility company. Member Doyle did not like the idea of relocating the fire station to the proposed location on 22nd Street. Director Budzikowski responded that the fire department believed the proposed location would be better from a service call standpoint. He said that he would relay the concerns to the fire chief. Member Wilczak agreed with Member Doyle stating the traffic was far too heavy for a fire station in that area. Member DiBemardo questioned if there were any current development inquiries for the Macy's Furniture Store. He believed the site should remain retail for sales tax purposes and asked that the term "mixed-use" (captioned in opportunities for this site) be removed. Director Budzikowski said there had not been any recent inquires. The words "mixed-use" would be removed under opportunities for this site. Member Doyle was uncomfortable placing so many gateway signs within the commercial areas since they are more often used as the entry to the village. Mr. Houseal explained that the Plan shows potential locations for the gateway signs and that not all locations will be used. The signs were placed in those locations to notify non-residents that they have entered Oak Brook from another community. Member DiBemardo questioned the language on the Oakbrook Center page of the Plan where it says "encourage taller buildings" (on the south side of 22nd Street). He said that building heights are governed by zoning regulations. Mr. Houseal believed this area was appropriate for taller office buildings since there is no adjacent residential. There are currently several tall buildings in that area and any new development would be governed by zoning regulations. The plan was mostly referring to the 3 -story building amongst several much taller buildings along 22nd Street. He added that they met with Brookfield Properties after the last Plan Commission meeting and incorporated many of their suggested changes. Chairwoman Tropinski raised concerns about the sidewalk surrounding Oakbrook Center. Mr. Houseal explained that one of the key components of the sidewalk was to increase pedestrian mobility wherever possible in that area since there may be mixed- use and residential in close proximity to the shopping center, pedestrian connectivity is necessary. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 4 of 10 January 21, 2019 1-8 Member Doyle suggested linking the Commerce Drive Subarea Framework to the Oakbrook Center Subarea Framework in the Plan to show a greater unity with the Center. Mr. Houseal believed it was an excellent idea and said they would link it and also show the trail and sidewalk connectivity. Member DiBemardo questioned if the McDonald's Plaza redevelopment should be considered a town center. If so, he believed there should be gathering and entertainment areas. Member Hasan agreed. Mr. Houseal liked the idea and agreed to adding language that states any redevelopment should incorporate public open spaces. Member Doyle did not think Oakbrook Center would be comfortable with the McDonald's Plaza redevelopment being considered the new town center since they had gone to great lengths to bring that concept into the Center. Mr. Houseal agreed and did not think the property should be called a town center or the new downtown. He agreed to adding the language regarding public open spaces. Member Wilczak believed it was difficult to provide comments and feedback when the Plan was so fluid and ever changing. Mr. Houseal stated that the Plan was not intended as a specific development proposal, but as a guide. He believed much of the development occurring in Oak Brook is likely due to the vision of the Plan. He presented slides from the Hines proposal (McDonald's Plaza) to give the commissioners an idea of the concept plan that was presented to the Village Board on January 8, 2019 for preliminary review. The concept plans were reviewed in detail by Mr. Houseal and Director Budzikowski. Mr. Houseal said that the community of Oak Brook took a strong stance and "put their money where their mouth was" in order to retain the open green space known as McDonald's Fields. Director Budzikowski said that if the purchase of the McDonald's Fields evolves as anticipated, the Park District would have to decide whether or not to change the zoning of the McDonald's Fields. The area is currently zoned as ORA -1 (Office/Research/Assembly) and would require applying for a special use in order to keep it as a park or open green space. Alternatively, they could apply to rezone the area to a CR District (Conservation/Recreation). VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 5 of 10 January 21, 2019 Fred Cappetta, 3612 Frederick Drive was concerned that the amendment to Ordinance S-1229 "The Commercial Areas Revitalization Plan" was being viewed as an amendment to the Comprehensive Plan. An updated Comprehensive Plan could be used as the new vision instead of a loosely defined revitalization plan. He warned of the conflicts between zoning regulations and a developer following the Plan as a written guide. The Plan presented several zoning violations to the Comprehensive Plan. He did not believe that Oakbrook Center's suggested changes should be adopted since he viewed them as zoning changes which required map or text amendment. Zoning districts are the building blocks for a municipality, and the Plan Commission should recommend the Plan be reviewed by the Zoning Board of Appeals. David Carlin, Greater Oak Brook Chamber of Commerce was in support of the Plan as presented and requested the commission make a recommendation to the Board of Trustees to approve the Plan. He agreed with the commission's suggestions/comments for updates to the Plan and thanked the Community Enhancement Committee, village staff and elected officials for their part in the Plan's thoughtful creation and that John Houseal and his firm have provided impressive expertise to this process. Director Budzikowski reminded the commission that the Plan was not intended to be a zoning document. Going back to the 2007 Plan, the village has been consistent with the Illinois Municipal Code in utilizing the Plan Commission to prepare and adopt the Comprehensive Plan. He has not seen the Zoning Board of Appeals participate in the process. The Community Enhancement Committee did a thorough job of reviewing the Plan to provide initial recommendations prior to it being presented to the Plan Commission. He would review the comments/recommended changes with John Houseal and Jeff Kennedy in order to revise the Plan for presentation at the next Plan Commission meeting on February 11, 2019. Member Doyle recommended highlighting the changes to Plan to simplify the commissioners' review. He questioned if the new Plan would completely replace the 2007 Plan. Mr. Houseal said it would replace the 2007 Plan. Member Wilczak believed it would be beneficial to the Plan Commission to review the Plan after the Hines PUD presentation on February 28, 2019 in order to view every building that would require a zoning change. He questioned if zoning changes were recommended in some instances as opposed to seeking variations within the current zoning. Director Budzikowski responded that the current zoning for the proposed development is ORA -2 (Office/Research/Assembly). The district does not permit residential apartments or condominiums. Therefore, Hines would be going through the Planned Development process seeking variations and/or departures to height restrictions and special uses from the ORA -2 district's zoning. The Hines VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 6 of 10 January 21, 2019 development proposal is located within the Planned Development Overlay District, which falls under the review of the Planned Development Commission and no changes to the zoning of the ORA -2 district would be required. There will be one other item on the agenda for a map amendment that will heard by both the Plan Commission and the Zoning Board of Appeals. It was delayed due to staff requesting additional information from the applicant prior to it being brought before the Plan Commission. He wanted to highlight the two separate processes for zoning amendments depending on the property's zoning district. Member Hasan wondered if it would be wise to add specific language within the Plan stated "Subject to Plan Commission Review, or Planned Development Commission Review". Mr. Houseal believed there was some confusion between zoning procedures and planning. It would not be good practice to include regulatory language as to how a development is approved within a comprehensive plan. The zoning ordinance is legal document that is governed separately. The Plan is a guide. He recommended against any delay on the premise of future developments. The Plan does not recommend any site plan. It simply illustrates development concepts on particular sites. Member Wilczak raised concerns about possible lawsuits if a potential Planned Unit Development falls far outside of the location's zoning ordinance. Mr. Houseal responded to the concern in that nothing in the Plan changes zoning. The burden would be on the applicant to show that they meet the standards required for the relief they are seeking. Nothing in the Plan counters what the zoning ordinance allows since seeking variations and departures are allowed through the Planned Unit Development process. Any proposed development has the potential to be either denied or approved for a number of different reasons. The Plan articulates a vision for the community and there is nothing legally entangling. Director Budzikowski noted a section from the 2007 Plan that adopted the Planned Development Ordinance. "As the complexity of development increases, as more mixed-use developments are considered and as multiple buildings are considered for individual properties, the need for a Planned Development Ordinance becomes even more evident. In fact, the single biggest problem, although there are many with the Village's Zoning Ordinance, is that it does not contain a PUD ordinance, even beyond zoning issues. Adopting a PUD may be one of the most important and impacting things the Village can do to improve the quality and potential of the commercial areas." VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 7 of 10 January 21, 2019 Mr. Houseal explained that prior to the Planned Development Ordinance, the Village would accommodate complex development proposals through text amendments, which is not what a text amendment is intended to be. He suggested adding language that states "To better accommodate more creative and complex development, the Village adopted a Planned Unit Development Ordinance and procedure reflective of the desired character of the Village." Chairwoman Tropinski suggested the Plan Commission proceed with revising the Plan in order to present it in its current form to the Planned Development Commission on February 28, 2019 during the Hines presentation. This would give Hines the opportunity to see the Village's vision for the property of their proposed development as well as the surrounding commercial areas. Director Budzikowski reminded the Plan Commission that the document is a draft that could change after going to the Village Board. Hines is aware of and has followed the progression of the Plan closely. Member Lal was concerned about potential lawsuits and setting a precedent for large developments. Member Doyle recommended a generic description for residential since it was referred to by different terms throughout the document (i.e. apartment, condominium, etc.). He suggested the term "residential units". There was a concern raised regarding waiting to complete the review of the Plan until the Hines Development completes the public hearing process for its proposed development so the development would match the draft Plan. Chairwoman Tropinski polled the members on the continuation of the public hearing on the plan to the special plan commission meeting date in February or to wait until the March meeting. Members Lal and Wilczak felt the review of the Plan should be continued until March. Members Hasan, Iyer and DiBernardo felt it should be continued to the next Plan Commission meeting and not wait until March. Chairwoman Tropinski agreed. Member DiBemardo asked if the Oakbrook Center's requested changes to the Plan were zoning changes and if they were going to be incorporated. Mr. Housel replied that the requested changes were not zoning changes and they would be highlighted on the updated version of the Plan. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 8 of 10 January 21, 2019 TO 5. 7 Motioned by Chairwoman Tropinski, seconded by Member Iyer to continue the public hearing to a Special Plan Commission meeting on February 11, 2019. ROLL CALL VOTE Ayes: 5 — Members DiBernardo, Doyle, Hasan, Iyer and Chairwoman Tropinski Nays: I — Wilczak Abstain 1 - Member Lal Absent 0 - Motion Carried. NEW BUSINESS A. 3005 OAK BROOK HILLS ROAD — DARWEESH AND AL-DALLAL — MAP AMENDMENT — TO REZONE THE PROPERTY FROM R-1 TO R-2 SINGLE-FAMILY DETACHED ZONING DISTRICT Chairwoman Tropinski noted that this matter would not be heard this evening and had been requested to be continued to the next meeting of the Plan Commission on February 11, 2019. VOICE VOTE: Motion Carried. OTHER BUSINESS NEW BUSINESS 3005 OAK BROOK HILLS ROAD - DARWEESH AND AL-DALLAL - MAP AMEND - FROM R-1 to R-2 OTHER BUSINESS A. CANCELATION OF THE FEBRUARY 18, 2019 REGULAR PLAN CANCELPC COMMISSION MEETING DUE TO THE PRESIDENT' HOLIDAY S DAY HE SCHEDULE SCHED AND SCHEDULE A SPECIAL MEETING TO A DATE CERTAIN SPECIAL MTG There was a brief discussion regarding the selection of a date in February to hold a special meeting of the Plan Commission due to the President's Day holiday and the cancelation of its regular meeting on February 18, 2019. Member Lal noted that he would be out of town and unable to attend a meeting on February 11, 2019, which was the only date available that would allow at least 6 commissioners' to be present as well as the village consultant in order to continue the review of the Comprehensive Plan and the 3005 Oak Brook Hills Road, application that was continued. Motioned by Chairwoman Tropinski, seconded by Member Hasan to schedule a special meeting on February 11, 2019 due to the cancelation of the Regular Plan Commission meeting on February 18, 2019. VOICE VOTE: Motion Carried. There was no other business discussed. PUBLIC COMMENTS There were no public comments. VILLAGE OF OAK BROOK Regular Plan Commission Minutes Page 9 of 10 January 21, 2019 PUBLIC COMMENTS 8. ADJOURNMENT: Motion by Member Iyer, seconded by Member Hasan to adjourn the meeting at 9:15 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 10 of 10 V? January 21, 2019 ADJOURNMENT