Plan Commission

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Monday, May 15, 2023 7:00 PM Village Hall Board Room Plan Commission Leigh Giuliano, Chairperson Commissioners: Ruth Sweetser, Bill Johnston, Kevin Walker, Tony Invergo, Alissa Verson and Robert Spreenberg Staff Liaison: William Heniff Plan Commission Minutes May 15, 2023 Call to Order Chairperson Giuliano called the meeting to order at 7:00 p.m Pledge of Allegiance Chairperson Giuliano led the Pledge of Allegiance Roll Call of Members Present 6 - Ruth Sweetser, Leigh Giuliano, Bill Johnston, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent 1 - Kevin Walker Also present: Jennifer Ganser, AICP Assistant Director of Community Development, Anna Papke, AICP Senior Planner of Community Development and Anne Skrodzki, Legal Counsel to the Plan Commission. Chairperson Giuliano called the order of the agenda. Ms. Papke read the Rules and Procedures as written by the Plan Commission Public Hearings 230161 PC 23-09: 820 Parkview Blvd The petitioner requests that the Village grant approval of a conditional use pursuant to Section 155.412(C)(10) of the Village of Lombard Code of Ordinances for an outside service area for other permitted or conditional uses in this district, within the OPD Office District Planned Development. (DISTRICT #2) Sworn in to present the petition were Jacquelyn Fara, the petitioner and Jennifer Ganser, Assistant Director. Chairperson Giuliano read the Plan Commission procedures and asked if anyone other than the petitioner intended to cross examine, and proceeded with the petition. Ms. Fara said she is a project coordinator for Action Behavior Centers. She discussed the therapy that ABC provides for children. The fenced in area will be used by the children. This will help them learn gross motor skills and help the children re-enter the school system. Children will be supervised outside. Village of Lombard Page 1 Plan Commission Minutes May 15, 2023 Chairperson Giuliano asked if any additional person would like to speak in favor or against this petition, or for public comment. Hearing none, Chairperson Giuliano asked for the staff report. Ms. Ganser presented the IDRC report for PC 23-09, which was entered into the public record in its entirety. The petitioner proposes an outdoor play area (outside service) for their business. The business provides therapy for children with autism and this area would be for the children to play outside. Equipment would be ADA compliant. The property is within, and surrounded by, the Woodlake Office Park. The park contains office uses, as well as Soaring Eagle Academy (school for children with autism). Staff finds that the outdoor play area is consistent with the surrounding neighborhood. The area will be fenced with a wrought iron style fence, the same type of fence Soaring Eagle uses. Children will be supervised by adult staff of Action Behavior Centers at all times. Chairperson Giuliano opened the meeting to discussion by the Plan Commissioners. Commissioner Johnston said he appreciated the outside area. Chairperson Giuliano said she’s a parent of a special needs child and also appreciates what they do and the added outdoor area. Chairperson Giuliano asked if there were any additional comments. Hearing none, she asked for a motion from the Commissioners. On a motion by Commissioner Spreenberg, and a second by Commissioner Johnston, the Plan Commission voted 6-0 to recommend that the Village Board approve the petition associated with PC 23-09, subject to the following five (5) conditions: 1. That the petitioner shall develop the site in accordance with plans submitted as part of this request; 2. That the petitioner shall satisfactorily address all comments noted within the Inter-Departmental Review Committee Report; 3. The play area is allowed in the approved areas only; 4. The fence shall be maintained in good condition at all times; and 5. This approval shall be subject to the commencement time provisions as set forth within Section 155.103(F)(11). The motion carried by the following vote: Aye: 6- Ruth Sweetser, Leigh Giuliano, Bill Johnston, Tony Invergo, Robert Spreenberg, and Alissa Verson Village of Lombard Page 2 Plan Commission Minutes May 15, 2023 Absent: 1- Kevin Walker 230162 PC 23-10: 938 E. St. Charles Road The petitioner requests that the Village take the following actions on the subject property, located within the B4 Corridor Commercial District: 1. Approve of a conditional use pursuant to Section 155.416(C) (11) of the Village of Lombard Code of Ordinances for an expansion to an existing gas station/convenience store building, with the following variations, 2. Variance to the minimum lot area of 21,286 square feet, where 40,000 square feet is required pursuant to Section 155.416(D), and 3. For the proposed canopy expansion, a variance to the front yard setback of 3 feet 3 inches, where 30 feet is required pursuant to Section 155.416(F)(1). (DISTRICT #4) Sworn in to present the petition were Gregory Ziomek, Jesbin Manuel, and Sebil Joseph the petitioners, and Jennifer Ganser, Assistant Director. Chairperson Giuliano read the Plan Commission procedures and asked if anyone other than the petitioner intended to cross examine, and proceeded with the petition. Mr. Ziomek said he is the project architect for the property. He introduced the property owners who want to enlarge the building. The inside would be remodeled as well as exterior work. All driveways will be in the same location so the vehicular circulation would be the same. A canopy is proposed to be added over the southernmost gas dispensers. Chairperson Giuliano asked if any additional person would like to speak in favor or against this petition, or for public comment. Mr. Michael Lind said he lives just north of the gas station. He referenced a letter he submitted. He said the new LED lights shine into their home and additional lighting would shine into the house. He is also concerned about the HVAC being on the ground and sound going into their yard. He said there is a lot of traffic on Westmore Meyers Road, and they are concerned about additional traffic. He said there are two smaller issues. Their landscaping is near a cement wall on his property, and he is concerned the wall could be impacted. He said the plan shows a fence on the property line and they would not like the fence in that location. Mr. Ziomek said his clients would like to be good neighbors. The Village of Lombard Page 3 Plan Commission Minutes May 15, 2023 property owner said the building has been in operation since 1961 and the lighting was never an issue. He said the neighbors had a dense hedge row that was removed and that now allows the light to be seen. He said the property owner could install a shield and ensure they meet photometric codes. He said the fence is a requirement of Code, they would propose to move it 5’ from the north property line. He said the HVAC was researched to be on the roof. The existing roof structure won’t support an HVAC unit. The addition is not big enough to hold the HVAC unit on the roof. He said they can attach a noise attenuation blanket to absorb the sound on the north side of the building. He said the trees can be moved to the south away from the neighbor’s property line. Chairperson Giuliano asked for the staff report. Ms. Ganser presented the IDRC report for PC 23-10, which was entered into the public record in its entirety. The petitioner proposes to expand the convenience store and add a canopy over existing gas pumps. Gas stations are a conditional use in the B4 zoning district; therefore, an expansion of a gas station requires a conditional use. Two variances are also requested related to the existing lot area and the front yard setback. The property has been a gas station since 1961. Additional landscaping will be added to the north, as the property borders single-family residential. There is lighting on the property now for the gas pumps and the parking spaces. Lighting will be directed away from residential and cast downward. A six-foot fence is proposed at the north and west property line. The HVAC unit and dumpster would also be screened with a six-foot wood fence. Staff received two letters from residents north of the gas station. Staff notes the convenience store addition is 325 square feet. The majority of the green space north of the gas station will remain. Should the petition be approved, permits will be required and will be reviewed by the Village’s private development engineer. Photometrics will be required with future building permits to ensure lighting meets Code and will not spillover onto residential property. Staff notes a traffic study was not required for this development. The canopy is proposed over existing gas pumps and the building addition is minor. The fence can be 5’ from the property line and landscaping does need to be added north of the fence. Chairperson Giuliano opened the meeting to discussion by the Plan Commissioners. Commissioner Johnston asked if the Police Department reported any issues with traffic. Ms. Ganser said she talked with the Police Department after the letter was received. They did not note any significant concerns with this intersection and the amount of traffic. Village of Lombard Page 4 Plan Commission Minutes May 15, 2023 She said that Foremost Liquors is in Villa Park, which is not under the jurisdiction of the Village of Lombard. Commissioner Spreenburg asked about the fence and landscaping and if the Plan Commission could eliminate the fence. Ms. Ganser said no, as the fence requirement is in Code and the petitioner did not ask for a variance to eliminate the fence. Commissioner Version asked why the landscaping requirement is a part of Code. Ms. Ganser said a transitional landscape yard is required when commercial property abuts residential. She said this has been a part of Code for a long time and was added most likely to provide a buffer between commercial and residential properties. Commissioner Invergo asked if the addition will include a berm or a foundation. He asked about water runoff. Mr. Ziomek said there will be a solid foundation under the addition. The floor elevations will remain constant. He said the foundation will be taller and then hidden by a berm. Commissioner Invergo asked if that includes the HVAC and Mr. Ziomek said yes. Commissioner Johnston asked about hours. Mr. Joseph said the hours are daily from 5am to 10pm. He said the lights are turned off at night. Commissioner Sweetser asked how extra business would be handled, especially extra traffic. Mr. Joseph said he doesn’t believe the traffic will be increased. He said the addition will help him provide extra items that he cannot provide now. Chairperson Giuliano asked if there were any additional comments. Hearing none, she asked for a motion from the Commissioners. On a motion by Commissioner Invergo, and a second by Commissioner Johnston, the Plan Commission voted 6-0 to recommend that the Village Board approve the petition associated with PC 23-10, subject to the following five (5) conditions: 1. That the petitioner shall develop the site in accordance with plans submitted as part of this request; 2. That the petitioner shall satisfactorily address all comments noted within the Inter-Departmental Review Committee Report; 3. A plat of consolidation, making the property a lot of record, shall be submitted to the Village recorded at DuPage County; 4. The fence shall be maintained in good conditions at all times; 5. This approval shall be subject to the commencement time provisions as set forth within Section 155.103(F)(11). Village of Lombard Page 5 Plan Commission Minutes May 15, 2023 The motion carried by the following vote: Aye: 6- Ruth Sweetser, Leigh Giuliano, Bill Johnston, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 1- Kevin Walker 230163 PC 23-11: Text Amendments to Village Code - Dictionary References, Front-Entry Garage, Ramps and Steps The petitioner, the Village of Lombard, is requesting text amendments to the following sections of the Village Code: 1. Section 153.601, Section 154.702(I), and Section 155.801(F) to amend references to an updated version of Merriam-Webster’s Collegiate Dictionary; 2. Section 155.222(A) to amend provisions for front entry garages; 3. Section 155.212 to amend provisions for accessible access ramps and steps encroaching into required yards; and 4. Any other relevant sections for clarity and consistency. (DISTRICT ALL) Sworn in to present the petition was Anna Papke, Senior Planner, and Jennifer Ganser, Assistant Director of Community Development. Chairperson Giuliano read the Plan Commission procedures and asked if anyone other than the petitioner intended to cross examine and, hearing none, she proceeded with the petition. Ms. Papke presented the petition and staff report. The IDRC report for PC 23-11 was entered into the public record in its entirety. Ms. Papke said staff is proposing text amendments to Village Code as it relates to dictionary references, and also to accessible access ramps and steps encroaching into required yards. The Code will be updated to reference the most recent version of the Merriam-Webster Collegiate Dictionary. Staff is also proposing to amend Code language to permit access ramps to encroach into all required yards. This amended provision will be consistent with related Code amendments recently considered by the Board of Building Appeals. The final amendment will clarify the language related to steps that encroach into required yards. The proposed text amendments are intended to clarify existing Code provisions or ensure consistency with other recent code amendments. No major changes to development regulations are proposed. Staff recommended approval of the proposed text amendments. Ms. Papke noted that the petition was initially advertised as including text amendments to provisions for front entry garages. Staff subsequently determined that these amendments require additional Village of Lombard Page 6 Plan Commission Minutes May 15, 2023 research, so are not being advanced at this time. Chairperson Giuliano asked if there were any questions or comments on the petition and staff report. Hearing none, she opened the meeting for comments among the Commissioners. On a motion by Commissioner Verson, and a second by Commissioner Invergo, the Plan Commission voted 6-0 to recommend that the Village Board approve the petition associated with PC 23-11. The motion carried by the following vote: Aye: 6- Ruth Sweetser, Leigh Giuliano, Bill Johnston, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 1- Kevin Walker Business Meeting Approval of Minutes A motion was made by Commissioner Johnston, seconded by Commissioner Invergo, that the minutes of the April 17, 2023 meeting be approved. The motion carried by the following vote: Aye: 6- Ruth Sweetser, Leigh Giuliano, Bill Johnston, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 1- Kevin Walker Public Participation There was no Public Participation. DuPage County Hearings There was no DuPage County Hearings. Chairperson's Report The Chairperson deferred to the Director of Community Development. Planner's Report There was no Planner's Report. Unfinished Business There was no Unfinished Business. Village of Lombard Page 7 Plan Commission Minutes May 15, 2023 New Business There was no New Business. Subdivision Reports There was no Subdivision Reports Site Plan Approvals There was no Site Plan Approvals. Workshops There was no Workshops. Adjournment A motion was made by Commissioner Invergo, seconded by Commissioner Johnston, to adjourn the meeting at 7:45 p.m. The motion passed by an unanimous vote. __________________________ Leigh Giuliano, Chairperson Lombard Plan Commission __________________________ Anna Papke, AICP, Senior Planner Community Development Village of Lombard Page 8