Planning & Zoning Board

January 9, 2018 WHEATON PLANNING AND ZONING BOARD I. CALL TO ORDER AND ROLL CALL VOTE Chair Weller called the January 9, 2018 Wheaton Planning and Zoning Board meeting to order at 7:03 p.m. in the Council Chambers of the Wheaton City Hall, 303 W. Wesley Street. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Absent: None City Staff Present: Tracy Jones, Staff Planner Jim Kozik, Director of Planning and Economic Development II. APPROVAL OF MINUTES - DECEMBER 12, 2017 The minutes were approved as presented. III. PUBLIC COMMENT There was none. IV. OLD BUSINESS ZA #17-26/ TEXT AMENDMENT AND SPECIAL USE PERMIT/ 140 E. LOOP ROAD/ MC DERMOTT CENTER D/B/A HAYMARKET CENTER Chair Weller reconvened the public hearing on Tuesday, January 9, 2018. Chair Weller stated that this was a continued public hearing from December 12, 2017. He stated that the application is requesting a text amendment to Article 20.3 of the Wheaton Zoning Ordinance to add Residential (in-patient) Treatment Facilities to the list of uses requiring a special use permit in the C-5 Planned Commercial District. The application is further requesting a special use permit to allow a 16-bed Residential (in-patient) Treatment Facility to occupy the existing building located at 140 E. Loop Road. The property will remain in the C-5 Planned Commercial District zoning classification. Chair Weller further stated that a strictly Outpatient Treatment Facility would be considered a business and professional office (which permits medical offices) and would be allowed as a permitted use at this location. John Reimers, 319 E. Jefferson Avenue, Wheaton was sworn in. Mr. Reimers stated that he was supportive of Haymarket’s request. He added that he is a recovering alcoholic and that he had many friends that died from their addictions. Meaghan Jorgensen, 528 W. Evergreen Street, Wheaton was sworn in. Ms. Jorgensen spoke on behalf of her father, Richard A. Jorgensen, the DuPage County Coroner who could not attend the meeting. Ms. Jorgensen stated that her father had written a letter about the growing opioid issue in DuPage County. However, this letter was not meant to be a letter of support for Haymarket’s request.  Wheaton Planning and Zoning Board January 9, 2018 Page 2 of 6 Tom Aiello, 48 Hawkins Circle, Wheaton was sworn in. Mr. Aiello stated that this was not the right location for a Residential (in-patient) Treatment Facility. He added that he had safety concerns with the request. Loretta Odom, 111 S. Sumner Street, Wheaton was sworn in. Ms. Odom stated that her brother was a former client of Haymarket’s Chicago location. As a long-time Wheaton resident, she wished Haymarket had a location in Wheaton when her brother needed help. Andrew Annes, 311 S. Wacker Drive, Chicago was sworn in. Mr. Annes stated that he is the attorney representing Rice Lake Square. He added that his client is opposed to the text amendment and special use permit submitted by Haymarket. Patti Clousing, 27W301 Mack Road, Wheaton was sworn in. Ms. Clousing stated that the DuPage County jail is located directly adjacent to an elementary school and there have been no safety issues. Neelam Rozanski, 109 Hawkins Circle, Wheaton was sworn in. Dr. Rozanski stated that she has friends and co- workers that have dealt with substance abuse disorders. However, she added that this was not the right location for a Residential (in-patient) Treatment Facility. Tim Ryan, 114 Sandalwood Drive, Naperville was sworn in. Mr. Ryan stated that he works in the drug rehabilitation industry and there is a huge opioid problem in DuPage County. He added that he was supportive of Haymarket’s request. Thor Saline, 215 N. Williston Street, Wheaton was sworn in. Mr. Saline stated that he works for the Illinois Department of Probation and there is a huge opioid problem in DuPage County. He added that he was supportive of Haymarket’s request. Colleen Brocious, 1950 Jahns Drive, Wheaton was sworn in. Ms. Brocious stated that Haymarket has not adequately addressed the special use standards. She added that the applicant has not been completely truthful during the public hearing process. Ronald Almiron, 455 W. Front Street, Wheaton was sworn in. Mr. Almiron stated that this was not the right location for a Residential (in-patient) Treatment Facility. However, he added that Haymarket should locate somewhere else in DuPage County. Triva Hall, 51 Muirfield Circle, Wheaton was sworn in. Ms. Hall stated that she has family members with drug addictions. She added that there is a growing need for this type of facility in Wheaton and she was supportive of Haymarket’s request. Martin Attwell, 140 Longfellow Drive, Wheaton was sworn in. Mr. Attwell stated that this was not the right location for a Residential (in-patient) Treatment Facility. He added that the request was also not consistent with Wheaton’s Comprehensive Plan. Shawn Collins, 8S061 Indiana Avenue, Naperville was sworn in. Mr. Collins stated that he was the attorney representing the Townsend Family at 174 Hawkins Circle. He stated that this was not the right location for a Residential (in-patient) Treatment Facility. He added that the letter from the Milton Township Assessor was not a letter of support. Bruce Kelsey, 811 Hampton Course, West Chicago was sworn in. Mr. Kelsey stated that he currently ran a drug treatment program. He added that there is a growing need in Wheaton for this type of facility. Charles Vaughn, 2060 Richton Drive, Wheaton was sworn in. Mr. Vaughn stated that this was not the right location for a Residential (in-patient) Treatment Facility. He added that twenty percent of the properties in Wheaton are tax exempt and we don’t need any more.  Wheaton Planning and Zoning Board January 9, 2018 Page 3 of 6 Danielle Cortes, 118 Brahms Circle, Wheaton was sworn in. Ms. Cortes stated that she is a paramedic and Wheaton has a growing opioid issue. However, she added that this was not the right location for a Residential (in-patient) Treatment Facility. Luciana DeVito, 118 Brahms Circle, Wheaton was sworn in. Ms. DeVito stated that this was not the right location for a Residential (in-patient) Treatment Facility. She added that it is too close to a daycare and a school bus stop. Marco DeVito, 118 Brahms Circle, Wheaton was sworn in. Mr. DeVito stated that he is a paramedic and Wheaton has a growing opioid issue. However, he added that this was not the right location for a Residential (in-patient) Treatment Facility. Nick Howell, 28 Sterling Circle, Wheaton was sworn in. Mr. Howell stated that this was not the right location for a Residential (in-patient) Treatment Facility. He added that there are too many children in the area. Jody Cantey, 75 Hawkins Circle, Wheaton was sworn in. Ms. Cantey stated that she is a director of a transitional living facility in Aurora. She added that there is a growing opioid issue in Wheaton but this was not the right location for a Residential (in-patient) Treatment Facility. Tracey Lukritz, 144 Hawkins Circle, Wheaton was sworn in. Ms. Lukritz stated that this was not the right location for a Residential (in-patient) Treatment Facility. She added that she had safety concerns with the request. Gregory Mejak, 1868 Jahns Drive, Wheaton was sworn in. Mr. Mejak stated that this was not the right location for a Residential (in-patient) Treatment Facility. He added that he had safety concerns with the request. Amy Peterson, 165 Hawkins Circle, Wheaton was sworn in. Ms. Peterson stated that the applicant had not adequately addressed the special use standards. She added that she had safety concerns with the request. Jim Kranjc, 128 Hawkins Circle, Wheaton was sworn in. Mr. Kranjc questioned where the data was to back-up Haymarket’s claim that the proposed facility would not increase crime or reduce property values in the area. He added that Haymarket’s application was not complete, and staff should not have processed it. Amy Michalak, 2032 Canterbury Place, Wheaton was sworn in. Ms. Michalak stated that this was not the right location for a Residential (in-patient) Treatment Facility. Hillary Victor, 1079 Brentwood Lane, Wheaton was sworn in. Ms. Victor stated that the subject property currently generates a lot of property tax revenue and she is not supportive of it becoming tax exempt. Sherry Bowne, 27W730 Swan Lake Drive, Wheaton was sworn in. Ms. Bowne stated that there is a growing opioid issue in Wheaton. She added that she is supportive of Haymarket’s request. Dr. Lustig stated that Haymarket would not bus clients from Chicago to Wheaton. He added that there is a great need in DuPage County for more Residential (in-patient) Treatment Facilities. He added that Haymarket would serve clients 18 years of age and older. Roger Romanelli, 917 W. Washington Boulevard, Chicago was sworn in. Mr. Romanelli stated that he was the Executive Director with the Fulton Market Association and he had worked with Haymarket in this capacity since 2000. He added that the Haymarket facility in Fulton Market is very secure and they have a strict protocol for visitors. He expects the Wheaton location would operate in a similar manner. Susan Rose, 408 Berteau Avenue, Elmhurst was sworn in. Dr. Rose stated that she is on the Haymarket Board of Directors and previously lived in Wheaton. She added that she currently lives in Elmhurst and serves on the Elmhurst Planning Commission. She added that since on out-patient treatment facility is permitted at this location, an in-patient treatment facility should be allowed by special use permit.  Wheaton Planning and Zoning Board January 9, 2018 Page 4 of 6 Ms. Dickson apologized for misrepresenting that the letters received from the DuPage County Coroner and the Milton Township Assessor were letters of support for Haymarket. Ms. Dickson reviewed the title and the purpose of the Wheaton Zoning Ordinance. She then reviewed the purpose of the C-5 District and the existing permitted and special uses. She then reviewed the proposed definition of a Residential (in-patient) Treatment Facility which is proposed as “A health care facility providing residential integrated treatment for substance use in a free-standing building with a minimum lot size of 2.5 acres” and explained why the word “Residential” has a different definition in the treatment setting, as opposed to that which is found in most Zoning Ordinances. Ms. Dickson addressed the special use permit standards as required by the Wheaton Zoning Ordinance. She stated that the proposed special use permit would not be detrimental to the public health, safety, morals, comfort, convenience, or general welfare of the neighboring property owners. She added that the facility would not negatively impact the City’s EMS services and the facility would meet all the State licensing requirements. Ms. Dickson stated her disappointment in the changes that had occurred to the various staff reports from November 14, 2017 to January 9, 2018 as public opposition increased for the Haymarket application. Ms. Kulovits stated that Haymarket had not adequately addressed the standards for a text amendment. Mr. McAndrews questioned where the data was to back-up Haymarket’s claim that the proposed facility would not increase crime or reduce property values in the area. Ms. Welker stated that she had worked in the rehab industry and that the proposed location was not appropriate for such a use. She added that the proposed use would generate an increase in crime and a decrease in property values. Jim Hecker, 878 Stillwell Court, Wheaton was sworn in. Mr. Hecker stated that he was concerned with a non- commercial use being allowed in the C-5 District. He added that he had safety concerns with the request. Stan Bobowski, 1804 Rose Court, Wheaton was sworn in. Mr. Bobowksi stated that he owned a commercial real estate firm and that he was concerned with a non-commercial use being allowed in the C-5 District. Gwen Lampert, 45 Hawkins Circle, Wheaton was sworn in. Ms. Lampert stated that she was a realtor and she was concerned about property values in the area going down in the proposed use is approved. She added that she had safety concerns with the request. Meredith Pike, 1760 Mustang Court, Wheaton was sworn in. Ms. Pike stated that this was not the right location for a Residential (in-patient) Treatment Facility and she was not supportive of the request. Mr. Dabovich moved and then Mr. Wanzung seconded the motion to close the public hearing. On a voice vote, all voted aye. The Board then continued further discussion of the item until the Board’s next regularly scheduled meeting on Tuesday, January 23, 2018. On a voice vote, all voted aye. ZA #17-27/ PUD AMENDMENT/ NWC ORCHARD AND BUTTERFIELD ROADS/ DAVIS Chair Weller reconvened the public hearing on Tuesday, January 9, 2018. Chair Weller stated that this was a continued public hearing from December 12, 2017. He stated that the application is requesting a proposed amendment to the existing R-3 single-family planned unit development for the Woodlands of Wheaton Subdivision to allow for the re-subdivision of the property from two single-family lots into four single-family lots and the replacement of the two individual driveways with a private cul-de-sac and gate.  Wheaton Planning and Zoning Board January 9, 2018 Page 5 of 6 Mr. Whitt stated that his client is willing to increase the right-of-way width of the proposed cul-de-sac to comply with City standards. He further stated that his client is also willing to construct the proposed cul-de-sac with asphalt without a landscaped island to comply with City standards. He added that his client is also willing to comply with all the concerns of Wheaton’s Fire Chief contained in the staff memo dated January 4, 2018. Mr. Whitt stated that the standard corner side yard setback is 20.0 feet and the setback of the adjacent residence to the north is 85.0 feet. These setbacks are averaged to determine the required corner side yard setback of 52.5 feet for proposed Lot 4. While staff has indicated that they are willing to compromise with a setback of 40.0 feet for proposed Lot 4 since the house to the north is a double frontage lot with the house facing Summerfield Court, Mr. Whitt stated that his client would still prefer a setback of 30.0 feet for proposed Lot 4 as originally requested. The Board discussed the proposed setback for Lot 4 and decided that since the applicant had addressed all the other outstanding issues that they were willing to compromise with a setback of 30.0 feet for proposed Lot 4. Mr. Gudmundson questioned the location of guest parking. Mr. Davis stated that guest parking would be provided on the driveways and around the cul-de-sac. Chair Weller questioned the location of future mailboxes. Mr. Davis stated that the mailboxes would be located at the gate. Mr. Gudmundson moved and then Mr. Plunkett seconded the motion to close the public hearing. On a voice vote, all voted aye. Mr. Wanzung moved and then Ms. Horejs seconded the motion to approve ZA 18-01, subject to the following conditions: 1. The right-of-way width of the proposed cul-de-sac shall be increased to comply with City standards; 2. The proposed cul-de-sac shall be constructed with asphalt (instead of permeable pavers) without a landscaped island to comply with City standards; 3. The applicant shall comply with all the concerns of Wheaton’s Fire Chief contained in the staff memo dated January 4, 2018; and 4. The minimum setback of proposed Lot 4 off Orchard Road shall be 30 feet. Roll Call Vote Ayes: Nicole Aranas Christopher Dabovich Bob Gudmundson Cecilia Horejs Mark Plunkett Dan Wanzung Scott Weller Nays: None Absent: None Motion Passed Unanimously  Wheaton Planning and Zoning Board January 9, 2018 Page 6 of 6 V. MISCELLANEOUS There was none. VI. ADJOURNMENT Mr. Plunkett moved and then Mr. Wanzung seconded the motion to adjourn the meeting at 10:55 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, Staff Planner