Plan Commission

Village of Lombard Village Hall 255 East Wilson Ave. Lombard, IL 60148 villageoflombard.org Minutes Monday, January 22, 2024 7:00 PM This is a Special Meeting Village Hall - Boardroom Plan Commission Leigh Giuliano, Chairperson Commissioners: Ruth Sweetser, Bill Johnston, Kevin Walker, Tony Invergo, Alissa Verson and Robert Spreenberg Staff Liaison: Anna Papke Plan Commission Minutes January 22, 2024 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 5 - Ruth Sweetser, Leigh Giuliano, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent 2 - Bill Johnston, and Kevin Walker Also present: Anna Papke, AICP, Planning & Zoning Manager Community Development, Tami Urish, Planner, 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 240027 PC 24-02: 665 W. North Avenue - Conversion of Heron Point office building to storage center (Request to Continue to 3-18-24 Plan Commission Meeting) The petitioner requests that the Village take the following action on the subject property located within the OPD Office District Planned Development (Heron Point Planned Development): Pursuant to Section 155.504 (A) (major changes in a planned development) of the Lombard Zoning Ordinance, amend the Heron Point Planned Development, as established by Ordinance No. 4538, and amended by Ordinance Nos. 4729 and 5326, to approve a conditional use pursuant to Section 155.412(C) of the Lombard Zoning Ordinance to allow for a storage center to operate on the subject property located within the O Office Planned Development District. (DISTRICT #1) A motion was made by Commissioner Verson, seconded by Commissioner Invergo, that PC 24-02 be continued to the March 18, 2024 Plan Commission Meeting. Village of Lombard Page 1 Plan Commission Minutes January 22, 2024 The motion carried by the following vote: Aye: 5- Ruth Sweetser, Leigh Giuliano, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 2- Bill Johnston, and Kevin Walker 230424 PC 23-26: 60 Yorktown, Tesla Supercharger Station in Target Parking Lot (Continued from the 12-18-23 Plan Commission Meeting) The petitioner requests a conditional use pursuant to Section 155.415(C) (8) of the Lombard Village Code to allow for gasoline/fuel sales on the subject property located within the B3PD Community Shopping District Planned Development (Yorktown Shopping Center Planned Development). (DISTRICT #3) Sworn in to present the petition was Anna Papke, Planning and Zoning Manager, Tami Urish, Planner I and the petitioner, Michael Lovett representing GPD Group Inc. on behalf of Tesla Inc. 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. Mr. Lovett began with the presentation of power point slides explaining the location of the charging station, the 24 hours, 7 days a week remote monitoring and the need for additional capacity in the area. Chairperson Giuliano asked if any additional person would like to speak in favor or against this petition, or for public comment. Hearing none, she requested the staff report. Ms. Urish entered the staff report into the public record in its entirety. As noted, the Target Corporation is the owner of the 60 Yorktown property that Tesla, Inc. proposes to install an electric charging/fueling station also known as a Tesla Supercharger Station. The proposed location is on the south end of the Target parking lot. The subject property is developed with a retail store and associated parking lot with access to 22nd Street and Yorktown Mall Drive. The property is part of the Yorktown Shopping Center area. In its review the Building Division noted the following: As this site is covered under the Americans with Disabilities Act (ADA), one charging station/space must be an accessible parking space with a sign, striping, etc. as is typical. This space will need to meet the Illinois Accessibility Code regarding signage, etc. The plans submitted do not meet this Village of Lombard Page 2 Plan Commission Minutes January 22, 2024 standard however can be addressed during the permitting process. Staff has reviewed the petitioner’s request and finds the proposed electric charging station is indistinguishable from a gasoline sales establishment. A recent trend has emerged whereas large grocery and big box retail stores offer fueling stations on site to their customers. Staff reached out to nearby villages that have existing Tesla Supercharging stations. Both the Villages of Villa Park and Oak Brook responded that their charging stations have not created any challenges or concerns and the hours of operation are not limited. Both stations are located in the parking lot of retail stores. Villa Park’s station is located at the Target store on North Avenue (Rt. 64) and Oak Brook’s station is located at a multi-tenant shopping center on Kingery Highway (Rt. 83). Yorktown Center already has charging station spaces near Von Maur and staff is unaware of any issues at that location. The subject property, Target, is in a regional shopping area, where retail sales, and other similar land uses are typical uses. The activity associated with the use will not create any undue impacts on neighboring properties. There are presently 575 parking spaces on the subject property where per code 414 are required. The proposed fueling/charging station will reduce the number of parking spaces available to Target customers that are not charging a car to 555 parking spaces. The site still exceeds the number of parking spaces required. The placement of the fueling/charging station at the south edge of the parking lot will integrate seamlessly into the internal traffic circulation of Target’s existing parking configuration. Staff finds the proposed fueling/charging station use meets the standards for conditional uses and recommends approval. 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 Invergo, and a second by Commissioner Sweetser, the Plan Commission voted 5-0 to recommend that the Village Board approve the petition associated with PC 23-26. The motion carried by the following vote: Aye: 5- Ruth Sweetser, Leigh Giuliano, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 2- Bill Johnston, and Kevin Walker Village of Lombard Page 3 Plan Commission Minutes January 22, 2024 240028 PC 24-03: Hollywood Hounds, 613 S. Main Street The petitioner, Hollywood Hounds (NextLevelK9 LLC), requests a conditional use pursuant to Section 155.414(C)(2) of the Lombard Village Code to allow for an overnight animal kennel, animal day care, and animal training facility to operate on the subject property located within the B2 General Neighborhood Shopping District. (DISTRCT #6) Sworn in to present the petition was Anna Papke, Planning and Zoning Manager, Tami Urish, Planner I, the petitioner Megan Tully, owner of Hollywood Hounds and Mirza Baig, resident. 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. Tully explained the operations of her business of daycare, training and boarding facility for dogs. She has managed other facilities and has been working professionally with dogs for nearly ten years. The business model is quality over quantity with small groups of dogs instead of an overcrowded environment that seems to be more typical. The objective is to provide the dogs structured activity with mental and physical stimulation. Chairperson Giuliano asked if any person would like to cross examine or speak in favor or against this petition, or for public comment. Mr. Baig said he owns the property directly adjacent to the subject property and the shared fence on the east side of the subject property is in disrepair. Since dogs will be utilizing the backyard, a secure fence is requested. Otherwise, he does not object to the use. Chairperson Giuliano asked for the staff report. Ms. Urish presented the staff report, which was submitted to the public record in its entirety. Staff enters the staff report into the public record in its entirety. The petitioner is proposing to establish an animal day care/kennel and dog training business at 613 S. Main Street. They are a tenant that plans to occupy the building. This is a first location for the proposed business. In its review the Fire Department notes details regarding fire alarm and suppression requirements for overnight boarding of animals per state code 25.145 that will be further reviewed and inspected during the permitting process. Village of Lombard Page 4 Plan Commission Minutes January 22, 2024 The B2 General Neighborhood Shopping District is intended to provide convenience shopping and services to adjacent residential areas. Because of the proximity of commercial uses in the B2 District to sensitive residential uses in adjacent districts, and the need to protect such residential uses from potential adverse impacts. Staff finds that with proper management of noise and waste the proposed use will be complementary in the B2 District along South Main Street. The Lombard Animal Clinic is located two doors away on the corner of Madison Street and Main Street. The exterior site plan shows a rear outside dog play area that does not encroach into the rear transitional landscape yard. This will create a 10 foot wide strip of lawn that is required to be maintained in good order and not to be used for dog training or a play area. The business model focuses on small groups of dogs and obedience training to lessen noise. Noise panels would be added to the building interior. All kennels would be inside only. No dogs shall be allowed outside between 10:30pm and 7:00am The business has standard operating procedures for when and how cleaning occurs. An outside waste receptacle will be screened per Section 155.710, all refuse disposal and recycling bin areas shall be screened on all sides by a solid wood fence or an equivalent material to a height of not less than six feet but not more than eight feet. Ms. Urish said staff finds the proposed kennel, animal daycare and training facility, use meets the standards for conditional uses and recommends approval with the conditions listed in the staff report. Ms. Urish said staff had received two additional emails in support of the petition and in opposition of the petition. Both were read into the record and distributed to the Plan Commission. Chairperson Giuliano asked if there were any questions or comments on the staff report. Commissioner Spreenberg asked if there was excessive noise, who would the resident contact. Ms. Urish responded that the best course of action would be to call the police department then they would contact code enforcement to follow up with the business. Chairperson Giuliano asked if staff could clarify the hours of operation. Village of Lombard Page 5 Plan Commission Minutes January 22, 2024 Ms. Urish responded that there is a condition of approval listed stipulating that dogs are not allowed outside between the hours of 10:30 p.m. until 7 a.m. Chairperson Giuliano asked for more details regarding the fence. Ms. Urish responded that the plat of survey shows that the existing fence is on Mr. Baig’s property. Chairperson Giuliano opened the meeting to comments from the commissioners to the petitioner. Chairperson Giuliano asked the petitioner to provide more details regarding the activities outside and the hours. Ms. Tully responded that she would prefer to have dogs dropped off at 6:30 a.m. but can agree to the 7 a.m. start listed in the conditions of approval. The general scenario for the outside play area is for an individual group for training and not large groups of dogs running around. Ms. Tully said that her plan proposes a new secure fence ten feet from the existing fence. Dogs will not be outside past the hours of operation between 7 p.m. and 7 a.m. Chairperson Giuliano asked the petitioner the staff ratio to dogs. Ms. Tully responded that the plan is not to have more than seven to ten dogs outside at once. The typical staff to dog ratio is one staff member per fifteen dogs per the department of agriculture. The duration of outdoor time is expected to be short as most training occurs inside the building. Commissioner Spreenberg asked if dogs would not be outside after 7 p.m. as mentioned. Ms. Tully responded that the dogs staying over night would be in their kennels at 7 p.m. to sleep and typically there are no bathroom breaks for twelve hours therefore dogs would not be outside after 7 p.m. Commissioner Sweetser asked for further details of the operations. Ms. Tully responded that the day is a very structured time frame. There would be several bathroom breaks throughout the day but the last and final bathroom break would be at 7 p.m. Chairperson Giuliano asked the petitioner how they handle barking dogs. Ms. Tully said the dogs are typically very active during the day therefore sleep overnight. Sound proofing panels will be installed in the interior of the building and state of the art gator kennels that further Village of Lombard Page 6 Plan Commission Minutes January 22, 2024 reduce noise. Chairperson Giuliano asked about the pit in the backyard mentioned in the resident’s email. Ms. Tully described the pit as small, three feet with gravel in it and a hose to spray the grass. There is no plan to use an excessive amount of water to hose down the grass. The objective of using the hose is to disinfect the fence and the grass with biodegradable enzyme cleaners that are safe for pets, people and the environment. Chairperson Giuliano asked where the drainage is being discharged. Ms. Tully would assume the cleaner and the water would soak into the ground. Ms. Tully said she contacted the landlord about the pit for more information. Ms. Urish said that the petition was reviewed by the Private Engineering Services engineer and no concerns or comments were offered regarding drainage of the property. On a motion by Commissioner Ivergo, and a second by Commissioner Spreenberg, the Plan Commission voted 5-0 to recommend that the Village Board approve the petition associated with PC 24-03 subject to the ten (10) conditions in the staff report: 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. Caging or boarding of animals shall not be allowed in the outdoor area. The outdoor area shall be reserved as an area where animals can roam freely; 4. The fence shall be maintained in a good state of repair at all times; 5. The transitional landscape yard shall be improved according to Section 155.707(B)(3) and be maintained in good condition at all times; 6. No dogs shall be allowed outside between 10:30pm and 7:00am; 7. The petitioner shall sound proof the building, as reviewed and approved by the Village; 8. The petitioner shall provide refuse screening per Section 155.710; All refuse disposal and recycling bin areas shall be screened on all sides by a solid wood fence or an equivalent material to a height of not less than six feet but not more than eight feet; 9. That the petitioner shall be required to apply for and receive building permits prior to construction; and 10. This relief shall be valid pursuant to timing provisions in Section 155.103(F) (11)(a) and Section 155.103(F)(12) of Village Code. The motion carried by the following vote: Aye: 5- Ruth Sweetser, Leigh Giuliano, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 2- Bill Johnston, and Kevin Walker 240026 PC 24-01: Text amendment - Storage Centers in the Office District Village of Lombard Page 7 Plan Commission Minutes January 22, 2024 The petitioner, the Village of Lombard, is requesting a text amendment to Section 155.412(C) of the Lombard Village Code to allow for “storage center” to be listed as a defined conditional use in the O Office District. Currently, storage centers are not allowed in the Office District. The proposed text amendment would make storage centers conditional uses in the O District, subject to the Plan Commission/Village Board approval process. (DISTRICT ALL) Sworn in to present the petition was Anna Papke, Planning and Zoning Manager. 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 24-01 was entered into the public record in its entirety. Staff is proposing a text amendment to allow for storage centers to be listed as a defined conditional use in the Office District. Currently storage centers are not permitted in the Office District. However, staff has received several inquiries in recent months from developers seeking to convert office buildings to storage uses. Staff is aware that these inquiries are in part driven by changes in the market for office space that have led to increased vacancies, and property owners are seeking alternative uses for existing office buildings. Storage centers are currently permitted uses in the I District and conditional uses in the B4 and B4A Districts. There are several storage centers in the Village and staff observes them to be quiet uses without adverse impacts to adjacent properties. Staff finds storage centers to be compatible with other permitted and conditional uses in the O District. Ms. Papke further noted that as a conditional use, the Plan Commission and Village Board will have the opportunity to review storage centers in the O District on a case-by-case basis. The Plan Commission conducted a workshop on this topic in November 2023 and signaled support for allowing storage centers in the Office District as a conditional use. Staff recommended approval of the petition. At this point, the Plan Commission took a brief recess when it was announced a resident required assistance in the parking lot. The meeting resumed approximately 15 minutes later. Chairperson Giuliano asked if there were any questions or comments on the petition and staff report. Hearing none, she opened the meeting Village of Lombard Page 8 Plan Commission Minutes January 22, 2024 for comments among the Commissioners. Commissioner Sweetser asked if the text amendment proposed in PC 24-01 depended upon the request for a storage center associated with PC 24-02, which had been continued to the March 18, 2024, hearing. Ms. Papke said PC 24-02 was a petition to convert an office building in the Office District to a storage center, so PC 24-02 would be dependent on the text amendment being approved. However, PC 24-01 was not dependent on PC 24-02 being approved. On a motion by Commissioner Spreenberg, and a second by Commissioner Invergo, the Plan Commission voted 5-0 to recommend that the Village Board approve the petition associated with PC 24-01. The motion carried by the following vote: Aye: 5- Ruth Sweetser, Leigh Giuliano, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 2- Bill Johnston, and Kevin Walker Business Meeting Approval of Minutes A motion was made by Commissioner Verson, seconded by Commissioner Invergo, that the minutes of the December 18, 2023, meeting be approved. The motion carried by the following vote Aye: 5- Ruth Sweetser, Leigh Giuliano, Tony Invergo, Robert Spreenberg, and Alissa Verson Absent: 2- Bill Johnston, and Kevin Walker Public Participation There was no Public Participation. DuPage County Hearings There were no DuPage County Hearings. Chairperson's Report There was no Chairperson's Report Planner's Report There was no Planner's Report. Village of Lombard Page 9 Plan Commission Minutes January 22, 2024 Unfinished Business There was no Unfinished Business. New Business There was no New Business. Subdivision Reports There were no Subdivision Reports. Site Plan Approvals There were no Site Plan Approvals Workshops There were no Workshops. Adjournment A motion was made by Commissioner Invergo, seconded by Commissioner Sweetser, to adjourn the meeting at 8:03 p.m. The motion passed by an unanimous vote. Village of Lombard Page 10