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HomeMy WebLinkAboutZBA Docket # - 22-1 - Kaleb Jordan, Corgan -1925 Busse Road - Fence1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 VILLAGE OF ELK GROVE LEGAL NOTICE ZBA DOCKET NUMBER 22-1 The hearing in the above -entitled cause before Barbara Anthony, CSR, RPR, a Certified Shorthand Reporter with the County of DuPage, and State of Illinois, taken pursuant to the provisions of the Zoning Ordinance of the Village of Elk Grove Village, at 901 Wellington Avenue, Elk Grove Village, on the loth day of February, 2021, at the hour of 7:00 p.m. ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PRESENT: ZONING BOARD OF APPEALS CHAIRMAN: Mr. Donald G. Childress Mr. Jacob Glimco Mr. Tony Damptz, Jr. Mr. Donato Latrofa Mr. Ryan Bookler Mr. Gary Spragg Mr. Roberto Serrano, Jr, Mr. Steve Rawleigh On Behalf Petitioner Mr. James W. Putnam, PE., Kimley & Horn Mr. Mark Cardwell, Architect, Corgan On Behalf of Elk Grove Village Mr. Bryan Kozor, CBO Plan Riviewer/Inspection Supervisor 901 Wellington Avenue Elk Grove Village, IL 6007 847.35.4225 bkozor@elkgrove.org Also Present: Members of the Public 2 ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 C, 3 MR. CHILDRESS: It is about 7:00 o'clock. I will go ahead and read the zoning notice document and then go ahead and swear Mr. Jordan in or whoever would like to speak on your behalf and then for Corgan, and then ask any comments or questions from the Board Members, and then ask for any comments from those attending tonight, and also from Village staff attending, if there is any questions or concerns also. This is Elk Grove Village Legal Notice for ZBA Docket 22-1. Public notice is hereby given in accordance with the provisions of Chapter 8-2:D of the Zoning Ordinance of the Village of Elk Grove Village. The Zoning Board of Appeals of the Village will conduct a public hearing at the hour of 7:00 p.m. on Thursday, February loth, 2022, at the Charles J. Zettek Municipal Building, 901 Wellington Avenue, Elk Grove Village, Illinois, to consider the petition of Kaleb Jordan of Corgan seeking a variation from the provisions of the Elk Grove Village Ordinance No. 2410 as it pertains to permitted locations in heights of fences in industrial zoning districts. ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I Section 7E-9:(A) prohibits fences in excess of 6 feet of height and from being constructed in the required front yard and ahead of the building setback line. The petitioner is requesting to install the following: A 15-foot high concrete screen wall which will extend approximately 12 feet west beyond the front of the principal structure along Busse Road. An 8-foot high ornamental black security fence with ornamental columns which will extend approximately 69 feet south beyond the front of the principal structure along Pratt Boulevard. An 8-foot high ornamental black security fence along the north and east of the property. The property is located at 1925 Busse Road, Elk Grove, Village, Illinois and as identified by the following property identification number. I will skip that. All persons interested are invited to attend and will be given the opportunity to be heard. This hearing will be accessible to individuals with disabilities. Persons requiring ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 7 8 9 13 14 15 16 17 18 19 20 21 22 23 24 5 accommodations are requested to contact the Village Clerk at 847-357-4040 preferably no later than five days before the hearing. Mr. Jordan, do you want to stand up to the podium or whoever is going to speak tonight and raise your right. MR. CARDWELL: Yes. MR. CHILDRESS: Do you swear to tell the whole truth and nothing but the truth. MR. CARDWELL: Yes. MR. PUTNAM: Yes. (At this point in the proceedings Mr. Cardwell and Mr. Putnam were duly sworn.) MR. CHILDRESS: Could I have both of your names to write down? MR. CARDWELL: Yes. I am Mark Cardwell wi-h Corgan. I am here on behalf of Mr. Jordan. MR. CHILDRESS: How do you spell your last name? MR. CARDWELL: C-a-r-d-w-e-1-1. MR. PUTNAM: And Jamie Putnam, P-u-t-n-m-a-n with Kimley Horn, Civil Engineers for the project. MR. CHILDRESS: Okay. Can you go ahead and ACR REPORTING, LLP (312) 422-0515 2 J 4 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 6 present your rationale for the zoning variation tonight, please? MR. PUTNAM: Go ahead. MR. CHILDRESS: Thank you for speakincr today. MR. CALDWELL: So as you stated at the beginning, it is the request for the three variances. The one is -- you know, this is a data center site. So obviously security is most important. The three variances I'll do in a little different order, but it is a standard to go from a 6-foot to an 8-foot fence, the ornamental, and that is, you know, for around pretty much the -- let's see in your packet. The area in pink here on the east and the north side of the site for security. And then the second variance is to do the exact same thing, but put it on the south side of the site and do that. It's in the front of the primary structure. We're required to ask for the variance on that as well for site security of the employee parking lot. And the third one is the, excuse me, the 15-foot high screen wall along Busse for, you ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 know, dual purposes of security and for screening, as all of the generator equipment and the yard is in the back that helps with the screening of that equipment. And you are looking around Busse. MR. CHILDRESS: Yes. MR. CARDWELL: Just keep it nice and simple, More open it up if there's any questions. But, yes, just the 6 to 8 feet and then for screening purposes. MR. CHILDRESS: And the security placement around the -- MR. CARDWELL: Correct. MR. CHILDRESS: -- south parking lot and access -- MR. CARDWELL: So all four sides of the site are security. They are using the building on the west side. North, south, and east using the fences. MR. CHILDRESS: Okay. Jacob, do you have any questions or concerns? MR. GLIMCO: I don't have any major concerns. I guess, my question, you know, with this variance is this pretty much standard for what you guys would need in order to occupy this property in ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 a order -- for the data center purposes? MR. CARDWELL: Yes, this is standard practice for data centers. This is my third time coming here in the last, you know, whatever six months asking for basically the same variances. So there's a very high level of security that these require and that's why they need the 8-foot fence. It is ornamental for the look and then we're asking for the additional screen wall on the west side to help shield that from the gen yard. MR. GLIMCO: Without the security fence the tenant would not be able to operate? MR. CARDWELL: They would not be able to operate, absolutely. All of these buildings are very high security that are required. MR. GLIMCO: Yes. Thank you. MR. CHILDRESS: Tony. MR. DAMPTZ JR.: No questions. I stopped at your site. It was very clean by the way. MR. CARDWELL: Oh, good. Thank you. The GC is here too, so he can. LUKE: Thank you. MR. CHILDRESS: Donato? ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. LATROFA: First, my apologies for showing up late. I have a toddler at home. There's a schedule. Yes, I was looking at the site. Everything looks fine, and we've talked about this before with your other clients about like snow removal and stuff, all of that stuff. It doesn't seem like that is even a problem with the way that these parking lots are laid out at 1925. So I don't have any of those concerns. MR. CHILDRESS: Okay. MR. LATROFA: Yes, it looks fine. Keep bringing them on. MR. CARDWELL: Yes. Thank you. MR. CHILDRESS: Ryan. MR. BOOKLER: Yes. Can you tell me a little bit about the security standard. Like is it something that's consulted with a security expert or is there some kind of manual, just out of curiosity? MR. PUTNAM: Yes, I can take that. MR. CARDWELL: He can do that. MR. PUTNAM: So, yes, that is pretty standard in the data center industry is to have a fence I ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 10 around the site. In that way a lot of the end user clients and then the client that's the developer for this has security standards that are set around the country. And 8 feet with a secure perimeter is pretty much what you are going to see anywhere in the country for a data center. MR. BOOKLER: Okay. And you have a tenant that's moving in there; is that correct or? MR. PUTNAM: There will be a tenant moving in, yes. MR. BOOKLER: Okay. Thanks for all of the plans. I appreciate you putting in a fence and how it looks. So thank you. MR. PUTNAM: Yes. MR. CARDWELL: Yes. MR. CHILDRESS: Gary. MR. SPRAGG: Yes, I think you answered my question in that this is basically a duplicate of two other facilities with very similar kind of security, correct? MR. PUTNAM: Yes, that's right. MR. CARDWELL: Absolutely. MR. SPRAGG: Thanks. MR. CHILDRESS: Roberto. ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 7 8 9 10 1 12 13 14 i5 16 17 18 19 20 21 22 23 24 11 MR. SERRANO: I mean, it looks right in line with all of the other projects. Esthetically appealing. And the primarily concern of security is being addressed. So no further -- no questions. MR. CHILDRESS: Steve. MR. RAWLEIGH: No questions. Took care of my questions, okay. MR. CHILDRESS: Now, I was -- I am civil engineer also in my background, but more asset inspections and things. The site drainage is that all handled by, I'm assuming, with coordination with the Village and with prior study of the site? MR. CARDWELL: Yes, absolutely. So with this site there is an underground retention vault that's actually in the parking lot on the south side here, and there was a, under previous code there was a retention pond in the northeast corner. With the update on this plan, the update and the MWRD Code, there's an additional detention basin along the east side that was added that is also a bio -- MR. CHILDRESS: Bioswale? MR. CARDWELL: Bioswale for water quality. ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 '7 18 19 20 21 22 23 24 12 So everything drains to the east of the site down and then exits the site on the southeast corner there towards the drainage ditch. MR. CHILDRESS: And the bioswale also acts as a filtration -- MR. CARDWELL: Yes. MR. CHILDRESS: -- media too for outgoing water. MR. CARDWELL: Correct. Absolutely. Yes, meeting all of the standard codes and working with the Engineering Department of Elk Grove. MR. CHILDRESS: And the site screening of all mechanical, electrical outside things from Busse that's common within the industry largely. MR. CARDWELL: Yes. MR. CHILDRESS: Based on the height of the mechanical equipment, the screen proportionally matches, right? MR. PUTNAM: Yes. That's standard and it is also a requirement with Elk Grove Village. We work with Bryan and his team on making sure that Elk Grove Village's requirement is sufficient and standard in industry practice. ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 7 8 9 10 11 12 3 14 15 16 17 18 19 20 21 22 23 24 1.3 MR. CHILDRESS: Thank you. Are there any other Board questions? (No responses.) MR. CHILDRESS: Are there any questions from the audience attending tonight on this zoning variation request? (No responses.) MR. CHILDRESS: Because it's in common with the other ones that we have had in the Village before largely with the 8-foot taller security fences, most of the parking lot areas enclosed to have a safe one-way traffic flow, for the most part in and out of the traffic or in out of the site, and screening of any of the mechanical type equipment that often also acts as a noise dampen or like a noise sound wall along the highway or something in a lot of these also to reduce regional noise in a given area like that besides esthetically coordinating with the Village's requirements to make it, you know, attractive to the community and hopefully get more tenants and things in the industrial park which keeps us as a community living and growing, and supporting everybody in the regional area too so. ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 8 9 10 11 12 13 14 1 16 1� 18 19 20 21 22 23 24 14 Are there any community or, Bryan, do you have any comments from engineering? MR. KOZOR: Nobody from the public reached out regarding the hearing. There were no comments or concerns. All of the easement waivers are approved pending Village Board approval, and the Fire District worked closely with the engineers to make sure site access was approved. MR. CHILDRESS: Thank you. MR. BOOKLER: One other question. MR. CHILDRESS: Yes. MR. BOOKLER: How many more data centers do you have slighted for the next six months to a year? THE COURT REPORTER: Is that Ryan or? (Chorus of yes and laughter.) MR. BOOKLER: If you can share that. If you. can share that. MR. CARDWELL: Yes. I think it would be safe to say that both Jaime's firm and mine are working with people who are actively looking for additional properties and pieces of land to continue on. MR. BOOKLER: I am just wondering if it might be something where the Village should ACR REPORTING, LLP (312) 422-0515 0 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 15 consider a specific ordinance for data center submissions because we handle these things kind of, it seems like it's pretty cut and dry as to what they need in order to have them. It may be worth working with the Village's team to have a specific ordinance, so that way these guys don't have to waste their time coming here requesting a variance for something that they need to make the thing go anyway. MR. CHILDRESS: A lot of the other big picture things, if I recall, there's a new zoning ordinance that's being or there's zoning consultants for the Village that have been working on an update to the ordinance for the last two or three years. They're getting very close to publishing it, but it's still going through more reviews. It also has midsections added for like the new part of the industrial park that has like where Microsoft, and some of those other newer buildings that might match a data center look to them for some of their support facilities. So there are new sections they are adding into the code, and they will be -- it will eventually be in hard copy as well as in an on-line ACR REPORTING, LLP (312) 422-0515 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1� 18 19 20 21 22 23 24 format whenever the last revisions get worked through, but, you know, by all means if there's any comments or concerns, raise it to the Village staff so they will get it, reach out to the Village. MR. LATROFA: Yes. Just thinking, you know, we've handled now three of these. These guys come through. They say the same thing. There is not much bend that they can give. They are not -- Kind of the intent of our Board is to protect the neighborhood. These guys are in the industrial park. It might be better just to flatten the process. Get it clear. So, you know, they have an industry standard. Have our ordinance match the industry standard. That way they can go to their clients and we can get more data centers in here, which is more money for the Village. That is all I am thinking. I know this isn't the right place for it, but just kind of putting it out there. MR. CHILDRESS: A lot of the issues with the fencing and the security, they are in the ordinances even for corner properties at homes ACR REPORTING, LLP (312) 422-0515 1 2 3 4 J 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17 which are a common thing that we often had. And this, with the fence extending beyond or beyond the nearest front corner of the property or into the front building setback, that's in the current, the ordinance being updated or the guide book manuals as well as -- MR. LATROFA: Sure. MR. CHILDRESS: -- previous. MR. LATROFA: Sure. MR. CHILDRESS: But anything that improves process or whatever or is check sheet guidance to the developer and architectural team makes the review easier, which also makes any time in front of the Planning Commission or in front of the Zoning Board of Appeals, and in front of the Village staff or other approval bodies. MR. LATROFA: Sure. MR. CHILDRESS: Where there's crossing jurisdictions, I guess. It all makes it easier. MR. LATROFA: Yep. MR. CHILDRESS: Is there any other comments from Board Members or anyone in the audience attending? (No response.) ACR REPORTING, LLP (312) 422-0515 1 2 3 4 J 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 MR. CHILDRESS: Could we have a voice vote then or could we have a motion first. MR. GLIMCO: Second. Are you making a motion? MR. DAMPTZ: No, I didn't make a motion. Go ahead someone else. MR. CHILDRESS: Motion for a voice vote? MR. LATROFA: Motion -- MR. GLIMCO: Second -- MR. DAMPTZ: Second -- MR. CHILDRESS: All in favor? MR. KOZOR: Don, who was first and who was second? MR. CHILDRESS: Donato was first and Tony and Jacob -- MR. DAMPTZ: Jacob. MR. CHILDRESS: And Jacob was second. Thank you. All in favor. And that is the vote for the three variance requests as written -- MR. LATROFA: Yes. MR. CHILDRESS: -- in the document by the Village. Just so I can get it for meeting 18 ACR REPORTING, I,I,P (312) 422-0515 1 2 3 4 J 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 4 19 minutes. Steve, how do you vote? MR. RAWLEIGH: Yes. MR. CHILDRESS: And Roberto? MR. SERRANO JR.: Yes. MR. CHILDRESS: And Gary? MR. SPRAGG: Yes. MR. CHILDRESS: Ryan? MR. BOOKLER: Yes. MR. CHILDRESS: I'm yes. MR. LATROFA: Also yes. MR. DAMPTZ, JR., Yes. MR. CHILDRESS: And Jacob? MR. GLIMCO: Yes. MR. CHILDRESS: I will go ahead and put what is typically meeting minutes or finding of fact together. Bryan from Village staff will be putting together meeting minutes and these two documents will go and advise the Village Board. The next Village Board meeting, Bryan, is that the first Tuesday in -- MR. DAMPTZ JR.: Third Tuesday. MR. CHILDRESS: Is there a third Tuesday meeting? ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 8 9 10 11 12 13 1 Z1 15 16 17 18 19 20 21 22 23 24 20 MR. KOZOR: The Board -- it wasn't on the calendar, but it should be the second and fourth Tuesday. So it should be the 22nd. MR. CHILDRESS: Okay. If you could, please, plan to attend the Village meeting, but call ahead also to confirm with the Village Clerk that it will be on the Agenda for that night. MR. CARDWELL: Okay. MR. CHILDRESS: Then if you could please plan to attend the Board Meeting if it is on the 22nd or whenever the next following meeting. The schedule is usually on the Village website. MR. DAMPTZ JR.: It is the 22nd. MR. CHILDRESS: Thank you. But, if you can, please plan to attend and make sure that you're on the docket for that night. And Village will have final -- the Board members will have final say so and approval or denial of any permit recommendation. What our body puts together is advisory in nature to the Village Board. And once if they vote in the affirmative, then you can coordinate thereafter with or the Mayor will direct you or ask you that ACR REPORTING, LLP (312) 422-0515 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 you can refer you to coordinate with the Village staff for obtaining any permits for wherever you need to be in your process next. MR. PUTNAM: Okay. MR. CARDWELL: Yes. MR. CHILDRESS: You know, for working these into the permit. MR. PUTNAM: Yes, understood. MR. CARDWELL: Thank you very much for your time this evening. MR. CHILDRESS: tonight. Appreciate it. Thank you for coming out 21 MR. PUTNAM: Thank you. MR. CHILDRESS: Okay. And the well presented documents. MR. CARDWELL: Thank you. MR. CHILDRESS: I will go ahead and adjourn or do we have a motion? MR. DAMPTZ JR.: Motion to adjourn. Second. MR. GLIMCO: Second -- MR. LATROFA: I'll second it. MR. CHILDRESS: It was made by Tony and Donato. Thank you all for coming out. MEETING ADJOURNED ACR REPORTING, LLP (312) 422-0515 OR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 22 STATE OF ILLINOIS) COUNTY OF DU PAGE) I, BARBARA ANTHONY, Certified Shorthand Reporter, within and for the County of DuPage and State of Illinois, do hereby certify that I stenographically recorded the proceedings via Zoom video/telephoneconference by consent of all participants in the aforementioned matter; that the foregoing was reduced to typewriting via computer aided transcription under my personal direction and supervision; and that the foregoing is a true and accurate transcript of the proceedings had. IN TESTIMONY WHEREOF, I have hereunto set my hand this 18th day of February, A.D., 2022. Barbara Anthony, CSR, RPR CSR No. 084-003185 Expires May 31, 2023 ACR REPORTING, LLP (312) 422-0515