Planning & Zoning Board

March 12, 2024 Wheaton Planning and Zoning Board I. Call To Order and Roll Call Vote Chair Aranas called the Tuesday, March 12, 2024, Wheaton Planning and Zoning Board meeting to order at 7:00 p.m. in-person and via zoom. Upon roll call, the following were: Roll Call Vote Present: Nicole Aranas Chris Dabovich Chris Derrick Bob Gudmundson Mark Plunkett Dan Wanzung Absent: Cecilia Horejs City Staff Present: Dawn Didier, City Attorney Tracy Jones, Staff Planner Jim Kozik, Director of Planning and Economic Development Joe Tebrugge, Director of Engineering II. Approval of Minutes - February 27, 2024 The minutes were approved as presented. III. Public Comment There was none. IV. New Business ZA #24-06/ Special Use Permit Amendment/ Cosley Zoo Parking - 1351 N. Gary Avenue/ Wheaton Park District Pursuant to notice duly published on February 22, 2024 and letters mailed to neighboring property owners on February 20, 2024, Chair Aranas called to order the March 12, 2024 public hearing requesting an amendment to the existing special use permit approved for the Cosley Zoo parking area located at 1351 N. Gary Avenue. Chair Aranas stated that the Board is solely a recommending body. She added that the Board’s role in conducting this public hearing is to hear testimony from the applicant, any objectors, and other interested parties and then to make a recommendation to the City Council. The Board’s recommendation is not based on whether the Board likes or doesn’t like a particular project but instead is based on specific standards established for the issuance of a special use permit. These standards are set forth in Article 5.10 of the Wheaton Zoning Ordinance, and copies of them are also available on the table. She added that the City Council will make the final decision on this matter.  Wheaton Planning and Zoning Board March 12, 2024 Page 2 of 5 Phil Luetkehans stated that he was the attorney representing the Park District. Mr. Luetkehans stated that his client is requesting an amendment to an existing special use permit approved for the Cosley Zoo parking area located at 1351 N. Gary Avenue. The applicant, the Wheaton Park District, is requesting approval of a special use permit pursuant to Article 22.2.5 of the Wheaton Zoning Ordinance to allow the construction and use of a new 93 space parking lot located on a separate lot within 300 feet of the building or use served. The new parking lot would be located on the east side of Gary Avenue at 1225, 1295, 1303, 1307, 1313, 1325, and 1351 N. Gary Avenue. The existing employee parking lot with 30 spaces located at 1351 N. Gary Avenue, which was previously authorized by City Ordinance No. F-0674, would be removed, and incorporated into the new parking lot. The subject property is zoned a mix of R-1 and R-3 Residential. Mr. Luetkehans stated that Cosley Zoo, which is owned and operated by the Wheaton Park District, is located on the west side of Gary Avenue at 1356 N. Gary Avenue. In 1998, the Wheaton Park District began acquiring property on the east side of Gary Avenue. In 2001, a special use permit for an employee parking lot and caretaker facility was granted by City Ordinance No. F-0674 when the property commonly known as 1351 N. Gary Avenue was annexed to the City. The existing employee parking lot would be removed as part of this request; however, the existing caretaker facility (subsequently rebuilt as an animal welcome center) and storage barn would remain. Mr. Luetkehans stated that Park District staff has observed, documented, and advised the Park District Board that on more than a third of the days each year, there is some point during the day that the current parking lot is full. Tom Frederick, 1212 Naper Boulevard, Naperville was sworn in. Mr. Frederick stated that he is an attorney representing Christy and Kevin Needham, residing at 1311 N. Carlton Avenue, who are registered objectors. Mr. Frederick made a hearsay objection since he didn’t know if Mr. Luetkehans statement regarding the capacity of the parking lot was intended as an opening statement or testimony. He referenced Kimble vs. Illinois Board of Education and Chamberlain vs. Civil Service Commission of the Village of Gurnee. Mr. Luetkehans stated that neither of these cases are zoning cases. Tom Knight, 795 W. Hawthorne, Wheaton was sworn in. Mr. Knight stated that he was a registered objector. He added that he objected to the statement made by Mr. Luekehans that need is not material or not relevant to the Board’s consideration. He added that if need is not relevant, he objected to the evidence submitted by Mr. Luetkehans stating that on more than a third of the days each year, there is some point during the day that the current parking lot is full. Mr. Luetkehans agreed to the objection. Mr. Fredericks objected to it. Mr. Luetkehans stated that Article 22.2.5 states that “All off-street parking facilities accessory to non-residential uses in the R-1, R-2, R-3, R-4, R-5, R-6, and R-7 zoning district shall be located on the same lot as the building or use served. Provided, however, that required or other accessory off-street parking may be located on a separate lot within 300 feet of the building or use served, upon the granting of a Special Use Permit as provided in Article V of this ordinance.”  Wheaton Planning and Zoning Board March 12, 2024 Page 3 of 5 Mr. Luetkehans stated that the Wheaton Zoning Ordinance further defines an Accessory Building or Use as “A building or use which is subordinate to and serves a principal building or use; is subordinate in area, extent and purpose to the principal building or principal use served; contributes to the comfort, convenience or necessity of occupants in the principal building or principal use served; and is located on the same parcel of property as the principal building or principal use served”. Mr. Dabovich questioned the planned improvements to the intersection of Gary and Prairie Avenues. Engineering Director Tebrugge stated that the City plans to complete improvements to the Gary Avenue and Prairie Avenue intersection whether this zoning application is approved or not. These improvements include a center turn lane on Gary Avenue, traffic light, and a signalized crosswalk. Mr. Frederick questioned whether the Park District Board passed a resolution revoking the current master plan on February 21, 2024. Mr. Luetkehans stated they did. Mr. Fredericks questioned whether the Park District Board has plans to expand the eastern 93 space parking lot to 150 or 258 spaces in the future. Mr. Luetkehans stated that the current Board has no plans to expand the parking lot beyond the 93 spaces, but he cannot speak for a future Boards. Mr. Frederick referenced the first special use standard that states that “the establishment, maintenance, or operation of a special use permit shall not be detrimental to the public health, safety, morals, comfort, convenience, and general welfare”. He stated that if there was evidence that many Wheaton residents don’t want the parking lot that would be relevant for this Board’s consideration. Mr. Luetkehans stated that it would not be relevant. He added that the special use standards are not about what the public wishes. Mr. Frederick questioned whether public safety was a special use standard and whether crossing Gray Avenue was less safe for visitors than parking on the west side. Mr. Luetkehans stated that public safety was a special use standard, however he did not feel the crossing Gary Avenue was less safe than parking on the west side. Brendan Lee, 752 Ralph Court, Wheaton was sworn in. Mr. Lee questioned the statement made by Mr. Luetkehans that to get to their current staff parking lot, staff must cross Gary Avenue in the middle of the block. He added that there is a stop light with a pedestrian crosswalk at Jewell. Mr. Luetkehans stated that staff usually crosses Gray Avenue in the middle of the block because Jewell is too far north. Liz Westergaard, 742 Ralph Court, Wheaton was sworn in. Ms. Westergaard questioned whether the Park District tracks the number of cars.  Wheaton Planning and Zoning Board March 12, 2024 Page 4 of 5 Mr. Luetkehans stated that the Park District doesn’t track the number of cars, they only track the numbers of visitors. Jeff Westergaard, 742 Ralph Court, Wheaton was sworn in. Mr. Westergaard questioned whether Christmas tree sales would take place in the east lot. Mr. Luetkehans stated that there are no plans to use the east parking lot for Christmas tree sales. John Patterson, 1849 Cherry Street, Wheaton was sworn in. Mr. Patterson questioned whether the plans presented tonight were the most recent plans. Mr. Luetkehans stated that the plans presented tonight were the most recent plans. Bruce Belversdorf, 766 Ralph Court, Wheaton was sworn in. Mr. Belversdorf questioned the day and time the full parking lot pictures were taken. Mr. Luetkehans stated the pictures were taken on March 3, 2024 by Park District staff but he was unsure of the time. Shawn Benson, 2500 N. Frontage Road, Darien was sworn in. Mr. Benson stated that he was the civil engineer working on the project. He stated that the City of Wheaton plans to complete improvements to the Gary Avenue and Prairie Avenue intersection. These improvements include a center turn lane on Gary Avenue and a traffic light. Access to the new parking lot is proposed on the east side of Gary Avenue at the new traffic light, which would provide visitors and employees with a signalized crosswalk. Mr. Benson stated that the new parking lot would have 93 parking spaces. However, since the existing employee parking lot with 30 parking spaces would be removed, the net increase would be 63 parking spaces. The proposed setbacks of the parking lot shown on the site plan exceed the minimum code requirements of the Wheaton Zoning Ordinance. The site plan is also fully compliant with the parking dimensions and drive aisle requirements of the Wheaton Zoning Ordinance. Mr. Plunkett questioned whether handicapped accessible parking spaces would be provided in the new parking lot. Mr. Benson stated they would unless these spaces could be provided in the western parking lot that would be closer to the zoo entrance. Tom Frederick, 1212 Naper Boulevard, Naperville was sworn in. Mr. Frederick questioned how many versions of the parking lot his firm had designed for the park district and the amount of compensation that his firm had been paid. Mr. Benson guessed that 8-10 versions of the parking lot had been designed by his firm and he wasn’t aware of the compensation amount. Tom Knight, 795 W. Hawthorne, Wheaton was sworn in. Mr. Knight questioned whether soil would soak up more stormwater than pavers. He further questioned whether 40-year-old trees would soak up a considerable amount of stormwater. He further questioned whether the engineer was being compensated for his time and expertise.  Wheaton Planning and Zoning Board March 12, 2024 Page 5 of 5 Mr. Benson stated that soil, pavers, and 40-year-old trees would all soak up a considerable amount of water. He added that he was being compensated for this time and expertise. Liz Westergaard, 742 Ralph Court, Wheaton was sworn in. Ms. Westergaard questioned the height of the proposed screening fence and whether landscaping would be provided on the outside of the fence. Mr. Benson stated that the height of the proposed screening fence was 8 feet and landscaping would be provided on the inside of the fence only. Mary Lee, 1310 N. Carlton Avenue, Wheaton was sworn in. Ms. Lee questioned that stormwater runoff would only improve for the developed area. She further questioned whether the privacy fence could be located closer to the parking lot. She further questioned whether visitors who parked in the east parking lot would have to walk through the west parking lot to get to the main entrance. Mr. Benson stated that there would be no stormwater improvements for the undeveloped area. He further stated that the privacy fence could be moved closer to the parking lot, but it was up to the Park District and the City. He added that visitors who parked in the east parking lot would walk through the west parking lot to get to the main entrance. Bruce Belversdorf, 766 Ralph Court, Wheaton was sworn in. Mr. Belversdorf questioned the elevation of Gary Avenue in comparison to Carlton Avenue and Ralph Court. Mr. Benson stated that he did not have this information available. John Patterson, 1849 Cherry Street, Wheaton was sworn in. Mr. Patterson questioned whether there would be a fence on the east side of Gary Avenue to direct visitors to the crosswalk. Engineering Director Tebrugge stated that a 6-foot aluminum fence was proposed on the east side of Gary Avenue to direct visitors to the crosswalk. Mr. Wanzung moved and then Mr. Derrick seconded the motion to continue this public hearing to Tuesday, April 9, 2024. On a voice vote, all voted aye. V. Miscellaneous There was none. VI. Adjournment Mr. Wanzung moved and then Mr. Derrick seconded the motion to adjourn the meeting at 10:22 p.m. On a voice vote, all voted aye. Respectfully submitted, Tracy L. Jones, AICP Staff Planner