Village of Lombard Legistar System

Paul Friedrichs, 227 W. Parkside Avenue, Executive Director of the Lombard Park

District, presented the petition. Mr. Friedrichs stated that the Lombard Park District was

requesting a variance on a new slide tower at the aquatic facility at Lombard Common.

He introduced John Dzarnowski of FGM Architects in Oak Brook to give a short

presentation.

John Dzarnowski, 1211 W. 22nd Street Oak Brook, showed a diagram of the pool facility

and a site plan for the proposed water park. He stated that he was here to discuss the

variance for the maximum height of a structure in a C/R Conservation Recreation

District. He stated that the waterslide tower would be no greater than forty-eight feet

(48') tall. Mr. Dzarnowski stated that the Park District had received approval for the

aquatic facility at a public hearing a few years ago. Tonight's hearing was for the

waterslide tower. He stated that at the time of the original hearing the petitioners had

been looking at a tower but no definitive plans were presented at the time. While

showing a slide, Mr. Dzarnowski indicated the drawings of the tower on the top left and

bottom left of the slide. He stated that the green and red slides are below thirty feet (30')

in height. The variance is for the blue "bowl" slide, the platform, and shade structure to

shade the attendant.

The bowl slide and the platform are approximately thirty-five feet (35') in height with a

guardrail ten feet (10') in height. He indicated the previous waterslide tower which

existed at the water park facility on the bottom right of the slide and mentioned that it

had already been demolished. The platform was thirty feet (30') high with a four foot (4')

handrail on top of it. The tower also had a twenty foot (20') light pole for a total height of

fifty feet (50'). He stated that the proposed tower would be two feet (2') shorter in

height. The new tower will have a light on top, but it will be located under the canopy.

Mr. Dzarnowski reviewed the response to standards. He indicated that the tower slide

height is the minimum required height for a bowl slide. If the variance were not

approved, the Park District would not be able to build this slide. He stated that the slide

was unique in Lombard. The construction of the slide would not be for financial gain.

The request for a variation is based on the height required for proper functionality. He

stated that the waterslide tower's height would not be detrimental to the public welfare

and would not be an overbearing presence in the neighborhood. He indicated that the

waterslide tower would be constructed near the location of the previous tower. He

stated that the tower would not affect the surrounding properties or be a danger to

individuals.

Chairperson Ryan then opened the meeting for public comment. No one spoke in favor

or in opposition to the petition.

Chairperson Ryan then requested the staff report.

Stuart Moynihan, Associate Planner, presented the staff report. Staff has prepared a

report and is submitting it to the public record in its entirety. The Park District is

proposing the construction of a waterslide tower as part of the new Moran Water Park

facility located within Lombard Common. The maximum height for a structure in the CR

Conservation/Recreation Zoning District is thirty feet (30'). The proposed tower is

forty-eight feet (48') in height. Therefore, approval of a variation is required.

On September 18, 2006, the Plan Commission conducted a public hearing on PC 06-24,

a conditional use concerning an upgrade and modernization of the existing Moran Water

Park facility. During this public hearing, staff indicated that improvements to the slides

were desirable as they had been constructed nineteen years earlier. However, specific

plans detailing the nature of the new water slides were not considered as part of the

petition.

In June of 2008, the Lombard Park District submitted a permit application for the

construction of the water park. As the exact height of the tower which would support the

proposed slides had not yet been determined, that portion of the plans was incomplete.

The Lombard Park District has since submitted elevations and a site plan for the tower

and slides. These plans indicate that the proposed tower will have a height of forty-eight

feet (48'). The Lombard Park District plans to apply for a separate permit for the

construction of the slide tower pending approval of this petition.

The proposed waterslide tower is expected to act as the entry point for three

waterslides. In order to accommodate all three slides and to ensure their proper

functioning, FGM Architects has determined that a tower height of forty-eight feet (48') is

necessary. This height requirement is due primarily to the "bowl slide" which swirls the

individual in a circle before dropping them into a pool below. In order to achieve this

unique effect, the slide requires that individuals enter from a significant height.

The Moran Water Park facility is a unique use in the Village of Lombard. Further, the

proposed tower is a unique type of structure which is intended to provide sufficient

height for the waterslides to allow the proper slopes, angles, and momentum for each

waterslide's design.

Staff is recommending approval of the petition subject to the two conditions in the staff

report.

Chairperson Ryan then opened the meeting for questions of the staff report.

Sonia Hakes, 21 S. Edgewood Avenue, stated that she lives across from the park. She

asked what the difference in the insurance premium is between a tower height of thirty

feet (30') and forty-eight feet (48'). She also asked if there were any sheets to be given

out that have the plan of the pool.

Paul Friedrichs responded that there would be no change in the cost of the insurance

policy or additional premium for the slide tower. He asked for her address and stated he

would send her the plans she had requested. (Village staff provided her with a copy of

the plans at the meeting).

Madelyn Kuehl, 422 E. Maple Street, stated that the plans showed the blue slide and the

other two slides. She asked if individuals could walk up to the two little slides.

Paul Friedrichs stated that people could walk up close to these two slides.

Mrs. Kuehl said it was hard to get to the top of the old slides and asked how many steps

and how wide it was to the top of the slides.

Paul Friedrichs stated that the first two slides were on a single platform. Mr. Dzarnowski

stated that he was unsure of the total number of steps. He added that the steps had a

width of five feet (5'), so someone can walk to the top while another could come back

down.

Chairperson Ryan then opened the meeting for comments among the Commissioners.

Commissioner Nelson asked how individual would get out of the way of others after

dropping out of the blue slide. Mr. Dzarnowski stated that the individual would exit the

water before the next patron can come down. Guards at the top and bottom of the slide

would have a visual line of sight in order to signal to each other when it was clear.

Commissioner Olbrysh stated that he had a procedural question for staff. He stated that

when the Plan Commission gives approval it is usually good for ten to twelve months.

As it had been twenty-three months since the original approval, he asked what the

status was.

William Heniff, Acting Director of Community Development, stated that the Board of

Trustees had given a one year extension last fall.

James Madden, Jr. presented the petition. Mr. Madden stated that the restaurant had

previously obtained a conditional use for an outdoor service area in the rear of the

building, which they now propose to move to the front of the property where it will be

more visible.

Commissioner Nelson asked how many tables would be in the service area. Mr.

Madden stated that there would be seven tables.

Chairperson Ryan then opened the meeting for public comment.

Matt Helm, 105 W. St. Charles Road, stated that he is Vice President of the Park West

Homeowners Association. He stated that he is concerned that the conditional use will

exacerbate current parking disputes between the parking lot owner and the association.

He is also concerned about the use of a portable fence because an existing fence has

fallen on cars during high winds. He would support the petition if the outdoor area were

to be used Friday and Saturday nights only, and if the owner provides the association

with a written commitment that Park West residents will not be towed from the lot.

Kevin Kelley, 123 W. St. Charles Road, stated that he wants to make sure there is a

plan in place for the removal of additional garbage on the site.

Mr. Madden stated that the fence is now weighed down with concrete block rather than

with sandbags. With regard to the towing of cars, the restaurant is allowed a certain

number of spaces in the lot and the condominiums have an easement for parking. The

outdoor service area will occupy three spaces. The area would operate Thursday

through Sunday, as the rear area had done. He stated that we would take care of any

garbage in the lot.

Chairperson Ryan asked about the issue of a parking lease. Mr. Madden stated that the

condominiums have a lease for the garage, but not for the parking lot. Mr. Helm stated

that the condominiums have an irrevocable lease, but there is no documentation as to a

certain number of spaces.

Sean Kelley, 105 W. St. Charles Road, asked if the fence would be removed each night

and put up the following day. Mr. Madden stated that it would, with the fence going up

around 4:00 p.m. or 5:00 p.m. on Thursdays and Fridays, all day on Saturday, then

down Saturday night and back up Sunday night. Mr. Kelley asked if there would be

bands playing outdoors. Mr. Madden stated that there would not be bands, only food.

Mr. Kelley asked about the transfer of the light control. Mr. Madden stated that the two

parking lot lights in the island are controlled off the Village's power because the Village

originally planned to take over the parking lot. Mr. Kelly asked if the lights would be

transferred to the homeowner's association's power. William Heniff, Acting Director of

Community Development, stated that if the parking lot is not transferred to the Village,

the lights should have a private connection. Mr. Kelley asked about a timeline. Mr.

Heniff stated that staff is currently working on and addressing the issue. Mr. Kelley

stated that he is all for the beautification of the downtown but doesn't want parking to

become an issue. He stated concerns regarding noise, especially on Thursday nights.

Chairperson Ryan stated that the operations will be limited to no later than 9:00 p.m. on

Thursdays. Mr. Kelley stated that was fine.

Chairperson Ryan then requested the staff report.

Jennifer Henaghan, Planner II, presented the staff report, which was submitted to the

public record in its entirety. The Texan BBQ is seeking conditional use approval for an

outdoor dining area and food sales tent and a variation from the parking standards that

requires parking for outdoor dining establishments. The dining area will occupy three

parking spaces in the northeast corner of the parking lot.

The Private Engineering Services Division has no comment on the proposed outdoor

dining plan; however, the parking lot lights should be removed from the Village's

controller and connected to a new controller that is installed/constructed to Village

specifications and requirements. Public Works Engineering had concerns regarding the

amount of parking taken up and how the seating area would be separated from parking

lot traffic. The Building Department and Fire Prevention Bureau had comments

regarding vehicle barriers, handicap access/seating, and handicap parking.

In May, 2003, the petitioner applied for and received conditional use approval for

outdoor dining associated with The Texan BBQ and a variation from the parking

standards that requires parking for outdoor dining establishments. The request was

made so that the Texan could provide outdoor dining on selected weekend nights during

the summer. The location of the outdoor dining area was to the rear of the restaurant

site on the abutting property at 10-12 S. Park Avenue. The restaurant no longer uses

this area for dining purposes. Over the past few years, the petitioner has noted that

they have used the property at 117 W. St. Charles Road parking lot during the summer

with seating and food serving purposes. Village Code provides such outdoor activities

through the special event permit approval process or through the conditional use

process. As they seek to have the event on a number of occasions, a conditional use is

sought.

The Comprehensive Plan denotes this area as Central Business District Mixed Use

Area. The outdoor dining concept is appropriate to a Central Business District and is

considered an enhancement to downtown development, provided that it operates in

compliance with Village Code. The subject property is bounded by

commercial/condominium uses on all sides. To ensure compatibility with adjacent

residential uses and in keeping with the time periods established for with other

downtown events, staff recommends that the hours of operation be limited as proposed

by the petitioner and as provided through their 2003 zoning approval. Staff also

suggests a condition that all customers must be leave the outdoor dining area no later

than thirty minutes after the outdoor dining area is scheduled to close. Furthermore,

staff recommends that the outdoor dining area be segregated from parking lot traffic by

a wrought iron-style fence, as was used in the former outdoor dining area behind 10-12

S. Park Avenue. (All of these conditions were included in the most recent outdoor dining

conditional use approval for The Texan BBQ.)

One letter was submitted in opposition to the petition. This letter, from a resident at

Parkview Pointe, stated concerns that the requested relief would allow the petitioner to

avoid snow removal and parking lot resurfacing costs. However, these issues are not

directly related to the requested relief because the outdoor area would be temporary and

removable. At the time that the outdoor dining was not operating, the area shall be

made available for parking purposes.

The outdoor dining activity will meet all code requirements during its limited hours of

operation. It is expected to provide a positive effect on downtown revitalization as it

creates a visual impact of life and vitality. The outdoor dining component is similar to

other outdoor dining activities such as those at Praga. However, given that the

petitioner's plan is immediately adjacent to and below residential units, additional

conditions restricting the hours of operation are warranted.

Staff supports the requested parking variation as it is only for the four parking spaces

that would be required for the outdoor dining area (at a ratio of one parking space per

125 sq. ft. of floor area) and not a variation for the larger Texan BBQ Restaurant. The

limited hours and temporary nature of the outdoor dining and sales area should not

generate a substantial amount of additional traffic or parking demand on the downtown

area above and beyond existing conditions.

Chairperson Ryan then opened the meeting for comment among the Commissioners.

Commissioner Burke stated that discussion of who has what rights in the parking lot is

not within the purview of the Plan Commission. He then clarified the language in

condition no. 2 and condition no. 3 to remove an apparent conflict.

George Wagner stated that the Plan Commission can discuss parking if it is a concern.

Commissioner Burke stated that there is conflicting information on the existence of a

lease. Mr. Heniff stated that the lease agreements are a private, civil matter.

Commission Nelson asked if the former outdoor dining area would be used for parking.

Mr. Madden stated that the spaces will be available for parking whenever the outdoor

dining area is not set up.

Commissioner Sweetser asked if the commissioners wished to require the removal of

the fence during the day on Friday and Saturday.

Commissioner Olbrysh asked if the fence could be secured using the hardware from the

French Market tents. Mr. Madden stated that those locations are in the middle of the

drive aisle, but new sleeves for the fence could be inserted where necessary.

Commissioner Burke stated that sandbags and concrete blocks are not a reasonable

solution. Mr. Madden stated that the concrete blocks are not unattractive.

The outdoor dining activity shall be limited to Thursdays, Fridays, Saturdays, Sundays,

or federal holidays between April 1 and October 31.

1. The outdoor dining activity shall be limited to Thursdays, Fridays, Saturdays,

Sundays, or federal holidays between April 1 and October 31.

2. The outdoor dining service shall not be open past 11:00 p.m. on Fridays and

Saturdays and 9:00 p.m. on Thursdays and Sundays.

3. That all patrons shall leave the outdoor dining area no later than thirty minutes after

the time in which the outdoor dining service is scheduled to close.

4. The petitioner shall erect a removable wrought iron-style fence along the south and

west sides of the dining area. Said fence shall be in place during any outdoor dining

periods.

5. The parking lot lights shall be removed from the Village controller and connected to a

new controller that is installed and constructed to Village specifications and

requirements. The disconnection of the lighting shall occur prior to the establishment of

the outdoor dining activity.

6. Prior to the establishment of the outdoor dining activity, the petitioner shall provide

the Building Department with a plan showing vehicle barriers and handicap

access/seating.

Richard Dunn, consultant for the Illinois Center of Broadcasting, 470 Fawell Boulevard,

#112, Glen Ellyn; George Voinovich, Vice President and CEO for the Illinois Center for

Broadcasting, 9000 Sweet Valley Drive, Valley View, Ohio; and Steve Karlson, Property

Manager with NAI Hiffman, 436 Eisenhower Lane North, Lombard, were in attendance

to present the petition. Mr. Dunn stated that they are requesting a conditional use and a

parking variation, and they support the recommendations of staff. He then gave a

PowerPoint presentation in which he discussed the school's class format and the

petitioner's responses to standards. He added that they have submitted a building

permit application to comply with the first recommended condition of approval and they

have no objection to the second condition.

Mr. Karlson stated that they had not yet installed the double check detector assembly

requested by Public Works due to some timing issues with their tenant negotiations, but

the permit has been submitted and the work will be completed.

Mr. Voinovich stated that the move to 455 Eisenhower Lane will allow for additional

students and the advancement of the school's program.

Commissioner Nelson asked if the school will always have classes in four-hour time

blocks. Mr. Voinovich stated that they generally have three class sessions with

overlapping programs, depending on enrollment.

Chairperson Ryan then opened the meeting for public comment. No one spoke in favor

or in opposition to the petition.

Chairperson Ryan then requested the staff report.

Jennifer Henaghan, Planner II, presented the staff report, which was submitted to the

public record in its entirety. Trade Schools are listed as conditional uses within the I

Limited Industrial District. The Illinois Center for Broadcasting (ICB) wishes to occupy

approximately 15,000 sq. ft. of the building at 455 Eisenhower Lane. ICB has operated

in Lombard for more than 20 years and offers an accredited 10-month program to

approximately 90 students. The new location would allow ICB to significantly expand its

enrollment and offerings. The expansion on the subject property would include

classrooms, television studios, editing studios, and administrative offices. As a

companion to this request, the petitioner is also seeking a variation from the parking

standards.

The Utilities Division of the Public Works Department noted that a double check detector

assembly (DCDA) is required.

As stated by the petitioner in the Response to Standards, ICB appears and functions

more like office space than a traditional trade school with the bulk of the space being

occupied by desks and computer workstations. Although the school anticipates an

eventual enrollment of up to 170 students, the students will be divided among morning,

afternoon, and evening classes. Accordingly, the number of students entering,

occupying, and exiting the property at any one time would not be inconsistent with office

uses (which are permitted in the I Limited Industrial District). Staff supports the

requested conditional use as ICB will be a relatively low-impact user of the property that

is compatible with the other tenant on the property.

The Zoning Ordinance requires trade schools to provide off-street parking at a ratio of

two spaces per three employees plus one space per maximum number of students.

The school currently has 10 employees and 90 students, and forecasts growth at the

new location up to 18 employees and 170 students. This means that they would have

an immediate requirement of 97 spaces and an eventual requirement of 182 parking

spaces. However, students are divided into three daily sessions, so the functional need

for parking will be closer to 69 spaces. The submitted plans show a total of 109 on-site

parking spaces on the property as a whole. Based on its square footage the OfficeMax

office space is required to have 38 spaces, leaving 71 spaces for ICB. Since the

number of available spaces matches the planned number of parking spaces needed by

the school at any one time, staff can support the requested parking variation.

Chairperson Ryan then opened the meeting for comment among the Commissioners.

The Commissioners had no comments.

Noting that the petition was being presented by the Village, Chairperson Ryan requested

the staff report.

William Heniff, Acting Community Development Director, referenced the staff report. A

plat of subdivision is being brought forward at this time to facilitate the proposed

construction associated with PC 04-31. Since the subject property is greater than an

acre in size, it is considered a major plat of subdivision and must be reviewed and

approved by the Plan Commission and Board of Trustees.

The proposed subdivision is intended to create a separate lot of record for the subject

property. This subdivision meets all of the requirements of the Zoning Ordinance and

Subdivision and Development Ordinance. The proposed lot will exceed the minimum lot

width and area requirements of the underlying zoning district. As the plat shows, the

site will now provide a new Wetland Conservation Easement and Stormwater Detention

Easement adjacent to 16th Street. A fifteen (15) foot Public Utility and Drainage

Easement will be provided along Main Street and a thirty (30) foot Watermain Easement

is also to be provided adjacent to 16th Street. Staff recommends that the plat be

approved.

Chairperson Ryan then opened the meeting for public comment. There was no one