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Minutes - 12/12/2013 - Planned Development CommissionMINUTES OF THE DECEMBER 12, 2013 SPECIAL MEETING OF THE PLANNED DEVELOPMENT COMMISSION OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON DECEMBER 11, 2014 1. CALL TO ORDER: CALL TO ORDER The Special Meeting of the Planned Development Commission was called to order by Chairman Champ Davis, Jr. in the Samuel E. Dean Board Room of the Butler Government Center at 7:04 p.m. 2. ROLL CALL: ROLL CALL Gail Polanek called the roll with the following persons PRESENT: Chairman Champ Davis, Jr., Vice Chairman Marcia Tropinski, Members Jeffrey Bulin, Thomas Doyle and Simon Sheers ABSENT: Members Natalie Cappetta and Raju Iyer IN ATTENDANCE: Robert Kallien, Jr., Director of Community Development, Michael Hullihan, Village Engineer/Public Works Director, James Kruger, Police Chief and Jeffrey Marciniak, Battalion Chief, Fire Department 3. APPROVAL OF MINUTES APPROVAL OF MINUTES REGULAR MEETING OF THE PLANNED DEVELOPMENT COMMISSION OF JANUARY 26.2012 Motion by Member Doyle, seconded by Member Bulin to approve the minutes of the January 26, 2012 Regular Planned Development Commission meeting as written. VOICE VOTE: Motion Carried. 4. UNFINISHED BUSINESS UNFINISBED BUSINESS There was no unfinished business. 5. A. Case No. 2013- 15- ZO -PUD — OAKBROOK SHOPPING CENTER C/O No. 2013- I5- zO -PUD OAKBROOK CTR GENERAL GROWTH PROPERTIES — COMMON AREAS LOCATED CIO GENERAL WITHIN THE OAKBROOK SHOPPING CENTER — PLANNED GROwTH- PLANNED DEVELOPMENT DEVELOPMENT Chairman Davis reviewed the request and rules for the proceedings. VILLAGE OF OAK BROOK Special Planned Development Commission Page 1 of 13 December 12, 2013 Minutes VlJ Director of Community Development Kallien provided an overview of the request. He noted that all of the requested improvements are located within the interior of the Oakbrook Shopping Center and summarized each of the waivers and variations being requested. 1. Section 13 -7 -313: waiver to permit business uses to occur outside of enclosed buildings including; the pavilion structures with retractable walls and adjacent outdoor dining, the specialty retail program and entertainment within the Village Green area including evening movies. 2. Section 13 -713-1 and 2: waiver to allow as permitted uses, outdoor dining adjacent to pavilion buildings, outdoor markets and a specialty retail program satisfying the applicable ordinance criteria, and outdoor evening movies and events within the Village Green area. 3. Section 13 -11 -7: variation to permit the Village Green area to have an electronic reader board /changeable copy /video sign mounted as either a wall or roof sign measuring 18 -feet by 32 -feet with movies and advertising sign content. 4. Section 13- 11 -9 -B: variation which would permit the proposed Village Green video sign to be placed at a suitable height above the roof line of the supporting wall for movie viewing. Chairman Davis swore in all those that would testify. Chuck Fleming, Senior General Manager of the Oakbrook Shopping Center introduced Danielle Cassel, Counsel with Vedder Price and George Dolson, Senior Director of Development for General Growth Properties. Mr. Fleming said that the request is for new pavilions and other common area improvements. He reviewed some of the history of the Center in order to provide some prospective as to where they have been and why they are seeking these improvements. The Center was originally built in 1962 and has been known synonymously with the Village of Oak Brook. The Shopping Center has been known for its upscale shopping and fine dining. They feature outdoor park -like settings, which includes the trees, landscaping, plants, bushes ground cover and most importantly the seasonal flowers. They are one of the largest outdoor shopping centers in the country. They are in the top ten when it comes to sales volume. Their demographics far exceed typical shopping centers in the Chicagoland area and many other regional areas. Their demographics go over 1.4 million people. It was redeveloped in 1971, when they added Lord and Taylor. Improvements were made in 1981, 1987 and in 1991. There have been VILLAGE OF OAK BROOK Special Planned Development Commission Page 2 of 13 December 12, 2013 Minutes lak renovations to the commons areas in 1991 and 2001, including those they have been doing over the last couple of years. It has all been done in partnership with the Village as well as this request. They are finishing their phased common area renovation project and have installed new hardscape, new landscaping, new lighting, and new way- finding signage. There are different water features and fountains and will be in operation 24 hours a day /365 days a year. They have fire totems, soft seating, new Christmas decor, and have built a pavilion in the winter it is a place for warming and in the summer it is a place to sit and cool off and enjoy the park -like atmosphere. They have created a "Village Green" area. Along with the renovation, they have recaptured and redeveloped the old Bloomingdale's building, added tenants such as Lululemon, Tommy Bahama, Hugo Boss and Aritzia, and all opened prior to the holiday season. They have two new big box users one on the upper and the other on the lower level will be opening in the spring. Pirch, a home fixture store out of California and the relocation of the Container store. They have recaptured and redeveloped the lower level of Niemen Marcus and brought in two high end steak houses, Perry's Steakhouse and the Old Town Pour House. The LeMeridien Hotel is under construction and there has been a complete transformation of the building which is expected to open in the spring. Pinstripes came in about 1 %2 years ago and provided an entertainment anchor. Nordstrom and Lord and Taylor have done a complete remodel and Nieman Marcus will be starting one in 2014 due to their reduced area. Sears has leased out some of their excess square footage to such tenants as Pottery Barn Kids, Pottery Barn Teens and West Elm. They have had a very busy few years and things have changed significantly. Their goals in terms of this project for 2014 is that they would like to activate the common areas to engage the customers better, and add amenities that they consider to be multi - generational experiences. They need to connect better with the community and are trying to find additional ways to bring and keep shoppers in the mall longer and to improve and enhance their experience. Studies say that the longer people are in the shopping center, the more they will spend and that is what they are trying to do, by transforming the common areas. The emphasis of what they are trying to do is to bring in four new pavilions and a digital screen. He reviewed an aerial of the shopping center noting the common areas. It is owned by General Growth and if the there were a roof over the center; it would be within that area. It encompasses about 5.92 acres and is the center's interior. He reviewed slides of the area and improvements which were contained in the case file under Page M. He noted that locations of each proposed pavilion, VILLAGE OF OAK BROOK Special Planned Development Commission Page 3 of 13 December 12, 2013 Minutes which vary in size and shape. Outside each building is a canopy overhang which provides protection for outdoor seating. They do not intend to build them all at once. They will build one to see if it is successful. The structures will be made of glass with a flat roof in order to accommodate the installation of a canopy. The primary purpose for the pavilions will be used for retail use and they are hoping to bring in quick food uses, where people can stop, and rest while shopping. They will be heated in the winter and cooled in the summer. All utilities will be provided, including fire sprinklers. It is their intent to lease them, if not they will be converted to amenity areas for shoppers to sit. They want the pavilions to fit in with the shopping center. In the evenings they want them to be beacons of light with comfortable outdoor lighting. The Village Green area is a wide open grass area that they look at as a community area. They are trying to connect better with the community and to let people and families bring blankets and let the kids run around and as well as provide an opportunity for a promotional area for tenants and the mall. They are requesting approval for an 18 -ft. x 32 -ft. digital sign/screen located at the corner of the Village Green area and will be a digital screen with multiple uses. The screen will extend a little higher of the parapet walls of building on top of the canopy. They are looking at it as an opportunity and using it for movies in the park, advertising, promotional activity, and for the Village to use it as advertisement for such things as polo and public service announcements and to be able to communicate better with the community, so it would have multiple uses, including advertising to help offset the operational overall cost and generate income in advertising dollars. One of the concerns they knew of and that was brought up by staff, was to make sure that when there are movies in the park to determine where the sound would go. They had an acoustical analysis with measurements taken directly to the north to the Oakbrook Club and to the first residential street in Oakbrook Terrace. The study found that the highest reading to the Oak Brook Club was 53 decibels and 48 to Oakbrook Terrace. The numbers are reduced when the number of buildings located in between the areas and the fact that they are not going to be focusing the speakers in those directions, which will be pointed in a southern slightly east direction. The felt this was an important aspect since movies will be played when it is dark and they do not want to infringe upon their neighbors. This project has been fully vetted out as they have met with Village Staff, approximately 6 -7 meetings with Bob Kallien, along with meetings with the Police, Fire and Public Works Department's along with Village Manager Dave Niemeyer along with some members of the Plan Commission and Zoning Board. They wanted to hear all of the concerns up front and to work hand in VILLAGE OF OAK BROOK Special Planned Development Commission Page 4 of 13 December 12, 2013 Minutes hand with the Village. The input has been extremely invaluable a considerable amount of changes have been made in the project as a result of those comments. They believe it will be a positive reflection to both the Oakbrook Shopping Center and to the community. Chairman Davis noted that a lot of the standards are issues that the applicant has with the Village and confirmed under oath that Mr. Kallien was satisfied with the standards and that they had been properly addressed on the pages marked E of the case file. Danielle Cassel, Vedder Price, reviewed the specifics of the variations and waivers. She noted that it was very important to make sure that the project requested was consistent with the Commercial Areas Revitalization Plan and believes the project fulfills many of the goals in clustering compatible retails uses, encourages mixed use, increases sales tax and specifically encouraging outdoor activities. In terms of public welfare they are confident that the project would not have negative consequences for any property owners or residents outside the boundaries of the Oakbrook Center property. It is a very centralized area and quite buffered by all of the surrounding buildings. At the suggestion of Bob Kallien they retained acoustical engineers to ensure that the sound system would not project beyond their boundary. They believe the proposed uses will encourage people to make trips to the Center that they may not otherwise make or stay longer. The amenities, soft seating and outdoor dining are brought to the core of the Center instead of at the perimeter to give people young and old a place to take a break. She monitors what is happening nationally and there are efforts by owners of other regional and smaller malls to make shopping centers multi - purpose destinations. They not only compete with other malls and downtown areas that are providing these kinds of amenities they are also competing with the internet. A lot of brick and mortar retailers and landlords see that by making the commercial areas a destination and unique place for activities and social gathering is the one thing that the internet cannot replicate and becomes a competitive advantage in this new world. They took a lot of time thoughtfully responding to the standards and are proud that it is believed that they meet them. The first waiver is that in the zoning ordinance uses are to be inside not outside. Although the planned development is very much interior to the mall, there is no roof, so technically they are outside uses. There will be outside retail areas and pavilion buildings with retractable walls, and outdoor movies at the Village VILLAGE OF OAK BROOK Special Planned Development Commission Page 5 of 13 December 12, 2013 Minutes Green. They tried to be specific about the activities and uses would be outdoors. The second waiver responds to the list of what are the outside uses in the B -2 District and they called out each component as permitted uses to the degree that they are either special uses in the B -2 District or are not even mentioned in the regulations. The digital screen would not be acceptable if viewed by the public, but in this case is entirely interior and not visible beyond their property lines. The Village code Sign Regulations would technically regulate the digital screen only if it were facing rights of way or common open space. They own the common areas and are not subject to any covenants and are private open space. The screen is a very expensive undertaking and showing advertisements when it is not being used for movies or public announcements, is very important in order for them to undertake the required investment. They were happy with the conditions contained in the staff report and suggested a modification to tighten the second condition regarding alcohol on the premises, as follows: Relative to the outdoor dining and seating areas for each of the Pavilions, the serving of alcohol is not permitted as part of this proposed planned development. PROPOSED ADDED TEXT FOLLOWS: "Service of alcohol within any portion of the planned development would require the issuance of a specific liquor license from the Village for the subject premises in accordance with Title 1, Chapter 4 of the Village Code. Any such license approval shall impose such conditions as are necessary to ensure that the subject portion of the planned development where liquor is to be served will be sufficiently fenced, monitored and otherwise controlled to: a. Prevent customers from removing any liquor from the licensed premises. b. Prevent anyone other than customers or employees that the licensed premises from accessing liquor within the licensed premises." They will not build pavilions speculatively. The first goal is to bring food and beverage to the center of the mall. If a food or beverage tenant should leave a pavilion and create a vacancy, it would not limited the occupancy to another food and beverage tenant necessarily be replaced by another. All tenants would function and sign leases like other indoor tenants, typically for 5 -10 years. VILLAGE OF OAK BROOK Special Planned Development Commission Page 6 of 13 December 12, 2013 Minutes Their anticipation is that elements of the planned development other than the pavilion buildings would be implemented within a year of approval. The pavilion buildings would be built as leases are signed. They do have interest from a couple of potential tenants. They are hopeful that two would be constructed in 2014. They would like the ordinance to be very clear that temporary vacancies would not discontinue anyone of the individual elements or cause the planned development ordinance to lapse, because they would come and go with the seasons, with tenancy, and as the Center sees what is working and what is not. Ms. Cassel said that the images differ slightly on the screen than what is in the packet. To clarify, she noted that any Macy's property is not part of the planned development. Member Bulin questioned how the Macy's development coordinated with the mall development. George Dolson responded that they are not doing anything with regards to any of the Macy's property. They have built all of the improvements seen at the mall as part of the common area upgrades. Mr. Dolson noted that they are hopeful to have a couple of the pavilions constructed in 2014 with the other two in 2015. They anticipate having the digital screen constructed in 2014 in order to have it opened for the summer season. There were no comments from the public. James Kruger, Police Chief said that one of the concerns they had early on pertained to the buildings and whether or not there would be any licensed liquor establishments. The addition to the condition for liquor could not be better stated than what was proposed and he was satisfied with the revised condition to control what happens outside the confines of the pavilion. If proper controls are in place they would be satisfied. Member Bulin questioned whether the fencing would need to come back for review. Ms. Cassel responded that the provisions she looked at in the liquor code in Section 4 -1 -4, liquor sales, states that "the outdoor area has to be delineated by VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Paygee77 of 13 December 12, 2013 1� an enclosure and that access to the outdoor area must be through the licensed premises with no direct entrance to or exit from such area." They could not have the liquor license issued unless there had been a review to prove that it was contained in that way. Director of Community Development Kallien noted that if it were a typical outdoor dining area it would go through the Plan Commission and Zoning Board, however, under the planned development it is part of this request, it is included. All liquor licenses including fencing and layout are reviewed by the Police Department and Community Development and ultimately approved by the Village Board, so there are safeguards in place. Member Bulin said that his concern was that the Village would be too strict and take away from the open aesthetics concept planned. Director of Community Development Kallien said that there is a provision in the planned development regulations that a minor amendment, such as fencing could be handled that way and would be handled administratively through the Village Manager. He would review the request and based on Staff input and concerns raised at this hearing it would meet the overall intent of the regulations. Chairman Davis asked for public testimony. All interested parties were notified of the public hearing. Director of Community Development Kallien noted that some concerns were raised today regarding two of the planned pavilions near the Professional building and the motor court. The Village is very careful and provides adequate access for the fire trucks, however, the way they were laid out there may be a potential problem with the fire truck. Jeffrey Marciniak, Battalion Chief, Fire Department, complimented the plan and noted that their number one priority is the ingress /egress to service the patrons of the mall as quickly and safely as possible. In doing so they have certain designated entry points. As the mall changes and evolves modifications are needed. They do not have a choice with the Pro Building service. And the upper level service, which is going through the Pro Building turn around. It is one of the main access areas into the mall. His only concern was the overhangs that are useful and aesthetically functional, they may encroach a little too much into the area with regards to the large ladder trucks and /or engines. Recently there was an issue with the loading and unloading of merchandise into the area, which blocked even one of their smallest engines. VILLAGE OF OAK BROOK Special Planned Development Commission Page 8 of 13 December 12, 2013 Minutes Mr. Fleming understood and said that in the design, they did work off of the information provided by the Fire Department in regards to the turning radius requirements for the department's largest vehicles. They will take a look at whether the one structure extends out too far and would modify it as needed during construction. They are very diligent and vigilant in keeping the motor court open, which is an uphill battle sometimes. Mr. Marciniak noted that they have never had a significant incident. Mr. Fleming noted that during the final building review, the bollards are moveable if access is needed. Member Sheers asked what types of telephone would be available. Mr. Fleming noted that both would be available, and confirmed that they would have WiFi. Member Doyle questioned the signage for the structures. Mr. Fleming noted that they have not developed the criteria yet, but would be similar in size and visibility to everything else in the mall. Member Doyle questioned the digital screen location and noted that it was a large structure. He had a safety concern regarding the size and and a unit that does not allow for wind flow and no protection from other buildings. Mr. Dolson responded that structurally they will be making a lot of modifications to the building and it was going to take a lot of work. The screen is an expensive undertaking. There would be modifications to the structure and they have a plan to do that, which requires reinforcement of the roof above and below. Member Doyle understood sound during the movie, but asked if there would be sound with the advertising in an open area. Mr. Fleming said that it was their goal to have something that would have a visual effect. Member Doyle questioned the content and how it would be regulated, VILLAGE OF OAK BROOK Special Planned Development Commission Page 9 of 13 December 12, 2013 Minutes .�� Mr. Fleming responded that it would be similar to what they do today. They have signs throughout the entire shopping center and they sell about 50 on a regular basis. They have their own standards and recognize that they are family fiiendly, open to the public and their standards are pretty high in terms of content. They have had requests but have not approved anything to date that would be objectionable to the general public. Those are the types of standards that they have with their tenants. Ms. Cassel noted that it was a very important concern and they have discussed it and there are also sign content regulations that the Village enforces, so there is also that layer of protection as well. They are not seeking any relief from those so they would be in full force and effect as a back stop to the GGP (General Growth Properties) standards as well. Mr. Fleming noted that their tenant standards are more restrictive than the Village. Member Doyle questioned the times that the movies would start, knowing that they need to start when it is dark. Mr. Fleming noted that there is a fine line between dusk and too late. They will extend beyond mall hours, but not too late. It will be an LED screen that can be viewed prior to it being dark. . Chairman Davis asked if the screen would be in continuous operation. Mr. Dolson responded that there would be some type of digital content on that would run in 4 minute cycle, with each cycle with 15 seconds either promoting the mall, a tenant, or an advertising spot. Later in the day it would promote a movie, when the mall is open they will be using it. Mr. Fleming said that they are very excited about this in terms of the community and they think this gets to some of the goals and objectives of the community. Member Bulin thought it was a good idea to have it within the mall main street and hopefully the residents will take advantage of it and may create the downtown the Village is missing. He also suggested that bicycle racks be added. Families could go there by riding bikes. VILLAGE OF OAK BROOK Special Planned Development Commission Page 10 of 13 December 12, 2013 Minutes ,�� Mr. Fleming said that they know they are becoming a point of destination and they are looking as to where to have locations. Member Doyle asked how the Village Green would be landscaped to keep people from crossing diagonally across it. Mr. Fleming said that they are aware that people would walk across and the based was constructed to hold up. There were no other comments by the members of the Commission. Chairman Davis noted that the standards for a planned development were substantially addressed as part of the presentation at this public hearing and are also included in writing on page E of the case file. Director of Community Development Kallien noted that the way the Planned Development Standards were put together as part of the regulations, they were really designed to deal with a virgin site, where there would be utilities and aesthetic issues. All of the improvements requested are located entirely within the mall. If there were a roof over the mall, the matter would not be before the Planned Development Commission. It is a different type of request, but there are important key elements, such as the screen, which are part of the planned development request. Motion by Member Bulin, seconded by Member Sheers to approve the proposed planned development for the Oakbrook Shopping Center c/o General Growth Properties to allow the construction of the proposed improvements within the interior common areas of the Oakbrook Shopping Center as presented, subject to the following conditions: 1. Development is to be in substantial conformance with the approved plans for the Oakbrook Shopping Center common area project including the requested waivers and variations including: A. Specialty retailing in the Center's interior common area B. Installation of up to four (4) additional glass pavilion buildings, with both climate - controlled and outdoor retail, dining, and seating areas, and C. Installation of audio and video infrastructure, including a 576 square foot video sing/digital screen, to be used as an advertising sign and for community movie nights and other outdoor events within the VILLAGE OF OAK BROOK Special Planned Development Commission Page 11 of 13 December 12, 2013 Minutes �� "Village Green" portion of the common area. 2. Relative to the outdoor dining and seating areas for each of the Pavilions, the serving of alcohol is not permitted as part of this proposed planned development. Service of alcohol within any portion of the planned development would require the issuance of a specific liquor license from the Village for the subject premises in accordance with Title 1, Chapter 4 of the Village Code. Any such license approval shall impose such conditions as are necessary to ensure that the subject portion of the planned development where liquor is to be served will be sufficiently fenced, monitored and otherwise controlled to: A. Prevent customers from removing liquor from the licensed premises. B. Prevent anyone other than customers or employees of the licensed premises from accessing liquor within the licensed premises. ROLL CALL VOTE Ayes: 5 — Members Bulin, Doyle, Sheers, Vice Chair Tropinski and Chairman Davis Absent: 2 — Members Cappetta and Iyer, Nays: 0. Motion Carried. Mrs. Cassel noted for the recorded a special thanks to Bob and Gail because they could have never gotten to this point without them. They were an absolute joy to work with. They are so thoughtful, responsive and are treasures. Mr. Fleming noted that they went through a lot of vetting with the entire staff and spent a lot of time going through their original ideas asking for some modifications and Bob and Gail were a big part of it; and the entire staff got them into a situation where they knew the intent was to put something together that we would partner with, which is what got them where there were at today. He thanked the Commission for their time and consideration. 4. OTHER BUSINESS There was no other business to discuss. 5. ADJOURNMENT: Motion by Member Doyle, seconded by Chairman Davis to adjourn the meeting at 8:32 p.m. VOICE VOTE: Motion carried VILLAGE OF OAK BROOK Special Planned Development Commission Page 12 of 13 December 12, 2013 Minutes OTHER BUSINESS ADJOURNMENT ATTEST: /s/ Robert L. Kallien, Jr. Robert Kallien Jr. Director of Community Development Secretary VILLAGE OF OAK BROOK Special Planned Development Commission Minutes Page 13 of 13 December 12, 2013